Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
| Jurisdiction | UK Non-devolved |
| Citation | SI 1959/1044 |
| Year | 1959 |
1959 No. 1044
The Trinidad and Tobago (Constitution) (Amendment) Order in Council, 195915thJune 1959
Sections 14 and 19 on a day to be appointed by the Governor under section 24.Remainder on 20thJune 1959
At the Court at Buckingham Palace, the 15th day of June, 1959
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers vested in Her by the Trinidad and Tobago Act, 1887(a), and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, construction and commencement
1.—(1) This Order may be cited as the Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959, and shall be construed as one with the Trinidad and Tobago (Constitution) Order in Council, 1950(b), as amended by the Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1956(c), which Order, as so amended, is hereinafter referred to as "the principal Order".
(2) This Order, the Trinidad and Tobago (Constitution) Order in Council, 1958(d), and the principal Order may be cited together as the Trinidad and Tobago (Constitution) Orders in Council, 1950 to 1959.
(3) This Order shall be published in the Gazette and, save as otherwise expressly provided in this Order, shall come into operation on a day to be appointed by the Governor by Proclamation published in the Gazette (in this Order referred to as "the date of the commencement of this Order").
Amendment of section 1 of the principal Order
2. Section 1 of the principal Order is amended as follows—
(a) In subsection (1) the definitions of "the Colony", "the Executive Council", "Parliamentary Secretary" and "the public service" are omitted, and the following definitions are inserted in their appropriate alphabetical order—
'"the Cabinet" means the Cabinet established by this Order;
(a) 50 & 51 Vict. c. 44.
(b) S.I. 1950/510 (1950 II, p. 1156).
(c) S.I. 1956/835 (1956 II, p. 2393).
(d) S.I. 1958/428 (1958 I, p. 248).
"Elected Member" means an elected member of the Legislative Council;
"Parliamentary Secretary" means a Parliamentary Secretary appointed under section 18 of this Order;
"police officer" means any member of the Police Force;
"the public service" means—
(a) the service of the Crown in a civil capacity in respect of the government of the Territory;
(b) service in the office of Judge of the Supreme Court; and
(c) service as a teacher as defined in section 2 of the School Teachers' Pensions Ordinance(a);
but does not include service on the personal staff of the Governor, or as a member of any board, panel, committee or other similar body (whether incorporated or not) established by any law of the Territory for the time being in force;
"the Territory" means the Colony of Trinidad and Tobago;
(b) for subsection (2) there is substituted the following subsection—
"(2) Any reference made in this Order to the holder of an office by the term designating his office shall be construed as including a reference to any person who is for the time being performing the functions of that office."
(c) for paragraph (b) of subsection (4) there is substituted the following paragraph—
"(b) For the purposes of this Order a person shall not be considered to be a public officer or otherwise to hold an office of emolument under the Crown by reason of the fact that he is in receipt of a salary or other emoluments in respect of his tenure of the office of Speaker, Deputy Speaker, Premier, any other Minister, Temporary Minister, Parliamentary Secretary, Member of the Legislative Council, member of the Public Service Commission, the Judicial and Legal Service Commission, or the Police Service Commission.";
(d) immediately after subsection (4) there are inserted the following subsections—
"(4A) Where by this Order the Governor is required to act in accordance with the advice or recommendation of, or after consultation with, any person or authority the question whether he has in any matter so acted shall not be called in question in any court.
(4B) For the avoidance of doubt it is hereby declared that any person who has vacated any office established by this Order may, if qualified, again be appointed to that office from time to time.
(4C) (a) Where by or under this Order a power is conferred on the Governor to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending relinquishment of the office.
(a) Laws of Trinidad and Tobago, 1950, Ch. 14, No. 5.
(b) When two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then for the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the sole holder of the office."
Revocation and replacement of sections 4 to 26 of the principal Order
3. Sections 4 to 26 of the principal Order are revoked and the following sections are substituted therefore as Part II of the principal Order:—
"PART II
Cabinet
Cabinet.
4.—(1) There shall be a Cabinet in and for the Territory which shall, subject to section 11 of this Order, consist of nine Ministers, who shall be Elected Members, and two ex-officio Members.
(2) Of the Ministers one, who shall be styled the Premier shall be appointed in accordance with subsection (1) of section 6 of this Order and the others shall be appointed in accordance with subsection (3) of that section.
(3) The ex-officio Members of the Cabinet shall be the Chief Secretary and the Attorney-General.
Functions of Cabinet and exercise of Governor's powers.
5.—(1) The Cabinet shall be the principal instrument of policy and shall perform such functions and duties, and exercise such powers, as from time to time may be prescribed by or under this Order, any other Orders of Her Majesty in Council, any Instructions under Her Majesty's Sign Manual and Signet or, subject to the provisions of this Order or of such other Orders any Instructions as aforesaid, by or under any other law in force in the Territory.
(2) The Governor shall, save as otherwise provided by any Instructions under Her Majesty's Sign Manual and Signet—
(a) consult with the Cabinet in the exercise of all powers conferred upon him by this Order other than powers which he is by this Order directed or empowered to exercise in his discretion or after consultation with or on the advice or recommendation of any person or authority other than the Cabinet; and
(b) act in accordance with the advice of:—
(i) the Cabinet in any matter on which he is by this subsection obliged to consult with the Cabinet;
(ii) any person or authority other than the Cabinet in exercise of any power which he is directed or empowered by this Order to exercise on the advice or recommendation of such person or authority.
Appointment of Premier and other Ministers.
6.—(1) Wherever there shall be occasion for the appointment of a Premier, the Governor, acting in his discretion, shall by Instrument under the Public Seal appoint to be Premier—
(a) the Elected Member who is the leader in the Legislative Council of the party which commands the support of the majority of the Elected Members, or
(b) if it appears to him that such party does not have an undisputed leader in the Legislative Council or that no party commands the support of such a majority, the Elected Member who in his judgment is most likely to command the support of the majority of the Elected Members,
and who is willing to accept the office of Premier.
(2) For the purposes of this section there shall be occasion for the appointment of a Premier when, following a dissolution of the Legislative Council, a general election has been held, or when the appointment of the Premier has been revoked under subsection (4) of section 7 of this Order, or when the office of Premier has become vacant under paragraph (a) or paragraph (b) of subsection (1) or subsection (3) of section 7 of this Order.
(3) Whenever the office of a Minister other than the Premier is vacant the Governor shall, on the advice of the Premier, by Instrument under the Public Seal, appoint to that office a person who is an Elected Member.
Tenure of office of Premier.
7.—(1) The Premier shall vacate his office—
(a) if he ceases to be an Elected Member otherwise than by a dissolution of the Legislative Council;
(b) if he resigns his office by writing under his hand addressed to the Governor, upon receipt of such resignation by the Governor; or
(c) if between the date of a dissolution of the Legislative Council and the date of the first appointment of a Premier thereafter any circumstances arise which, if he were an Elected Member, would cause him to vacate his seat in the Legislative Council.
(2) The Premier shall also be deemed to have vacated his office immediately prior to the appointment by the Governor of a person to be Premier under subsection (1) of section 6 of this Order, following the holding of a general election.
(3) The Governor, acting in his discretion, may declare the office of Premier vacant if the Premier is absent from the Territory without having given the Governor prior notice of such absence; and upon the Governor making a declaration under this subsection the Premier shall vacate his office.
(4) Whenever it appears to the Governor that the Premier has ceased to command the support of the majority of the Elected Members the Governor may, in his discretion, by Instrument under the Public Seal, revoke the appointment of the Premier and the Premier shall unless he sooner vacates his office be deemed to have vacated this office in pursuance of subsection (2) or this section:
Provided that before so revoking the Premier's appointment, the Governor shall consult with the Premier and, if the Premier so requests, the Governor, acting in his discretion, may...
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