Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1956
| Jurisdiction | UK Non-devolved |
| Citation | SI 1956/835 |
1956 No. 835
TRINIDAD AND TOBAGO
The Trinidad and Tobago (Constitution) (Amendment) Order in Council, 19561stJune 1956
Remainder, except Sections 36 and 38—On a day to be appointed under Section 1 (2)*Sections 36 and 38—On a day to be appointed under Section 39†
At the Court at Buckingham Palace, the 1st day of June, 1956
Present,
The Queen's Most Excellent Majesty in Council
Whereas it is expedient to amend the Trinidad and Tobago (Constitution) Order in Council, 1950(a), (in this Order referred to as "the Principal Order") as amended by the Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1951(b), in the manner hereinafter appearing:
Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her by the Trinidad and Tobago Act, 1887(c), 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, 1956, and shall be construed as one with the Principal Order.
(2) 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, acting in his discretion, by Proclamation published in the Gazette, (in this Order referred to as "the day of commencement of this Order").
* 3.9.56.
† Date not yet (July, 1957) appointed.
(a) S.I. 1950/510 (1950 II, p. 1156).
(b) S.I. 1951/1944 (1951 II, p. 869).
(c) 50 & 51 Vict. c. 44.
Revocation
2. The Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1951, is hereby revoked but without prejudice to anything lawfully done thereunder.
Amendment of the Principal Order, Parts I, II
3. Section 1 of the Principal Order is hereby amended—
(a) in subsection (1) by the insertion therein immediately after the definition of "minister of religion" of the two new definitions following, namely:—
"'Parliamentary Secretary' means a Parliamentary Secretary appointed under section 26A of this Order;
'Police Force' means the Police Force established in and for the Colony and in respect of which provision is made under the Police Ordinance of the Colony(a);"; and
(b) in subsection (4) by the deletion of paragraph (b) and the substitution therefor of 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 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, Chief Minister, Acting Chief Minister, Minister, Acting Minister, Parliamentary Secretary, Member of the Legislative Council, or Member of the Executive Council."
4. Section 4 of the Principal Order is hereby revoked and the following section substituted therefor:—
"Executive Council.
4. There shall be an Executive Council in and for the Colony which, subject to the provisions of section 12 of this Order, shall consist of the following Members, namely the Governor, as Chairman, a Chief Minister, two ex officio Members and seven Elected Members."
5. Section 5 of the Principal Order is hereby amended by the deletion of paragraphs (a) and (b) of subsection (2) and the substitution therefor of the following paragraphs:—
"(a) consult with the Executive Council 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 of any person or authority other than the Executive Council: and
(b) act in accordance with the advice of:—
(i) the Executive Council in any matter on which he is by this subsection obliged to consult with the Executive Council;
(ii) any person or authority other than the Executive Council in exercise of any power which he is directed or empowered by this Order to exercise on the advice of such person or authority."
(a) Ch. 11, No. 1.
6. Section 6 of the Principal Order is hereby revoked and the following section substituted therefor:—
"The Chief Minister.
6.—(1) Subject to the provisions of subsection (1) of section 11 of this Order, the Chief Minister shall be a person who is elected to the Executive Council in accordance with the provisions of this section.
(2) The Legislative Council shall, not later than its third sitting after the 26th day of May, 1956, and after every dissolution of the Legislative Council, elect from among the Elected Members thereof other than the Speaker a person to be a Member of the Executive Council as Chief Minister."
7. Section 7 of the Principal Order is hereby revoked and the following section substituted therefor:—
"Ex-officio Members.
7. The ex-officio Members of the Executive Council shall be the Colonial Secretary and the Attorney General."
8. Section 8 of the Principal Order is hereby revoked and the following section substituted therefor:—
"Elected Members.
8.—(1) Subject to the provisions of subsection (2) of section 11 of this Order, the Elected Members of the Executive Council shall be persons who, save as provided by section 12 of this Order, are elected to the Executive Council in accordance with the provisions of this section.
(2) The Legislative Council shall, not later than its third sitting after the 26th day of May, 1956, and after every dissolution of the Legislative Council, elect from among the Elected Members thereof other than the Speaker and Chief Minister seven persons to be Elected Members of the Executive Council.
(3) Any election under the preceding subsection shall be made after the election by the Council of a person to be the Chief Minister in pursuance of subsection (2) of section 6 of this Order."
9. Section 9 of the Principal Order is hereby revoked and the following section substituted therefor:—
"Tenure of office.
9.—(1) The Legislative Council may, by resolution in favour of which there are cast the votes of not less than two-thirds of all the Members of the Legislative Council, revoke the election to the Executive Council of the Chief Minister or of any Elected Member thereof, and upon the passing of such resolution, the seat in the Executive Council of the Chief Minister or of such Elected Member, as the case may be, shall become vacant.
(2) The seat in the Executive Council of the Chief Minister or of an Elected Member of the Executive Council shall in any case become vacant—
(a) if he shall cease to be a Member of the Legislative Council:
Provided that if a Member of the Executive Council shall cease to be a Member of the Legislative Council by reason of a dissolution of that Council, he shall not on that account vacate his seat in the Executive Council until such time as the Legislative Council shall, after such dissolution, elect a person to be a Member of the Executive Council in pursuance of subsection (2) of section 6 of this Order; or
(b) if he shall be absent from the Colony without written permission given by the Governor acting in his discretion.
(3) The Chief Minister or an Elected Member of the Executive Council may, by writing under his hand addressed to the Governor, resign his seat in the Executive Council, and upon receipt of such resignation by the Governor the seat in the Executive Council of the Chief Minister or of such Elected Member, as the case may be, shall become vacant.
(4) The seat in the Executive Council of an Elected Member of the Executive Council shall become vacant upon his election by the Legislative Council to be a Member of the Executive Council as Chief Minister.
(5) A person whose seat in the Executive Council has become vacant may, if qualified, again be elected from time to time as a Member of the Executive Council under subsection (2) of section 6, or subsection (2) of section 8, of this Order, as the case may require.
(6) The Governor may, by Instrument under the Public Seal, declare the Chief Minister or an Elected Member of the Executive Council to be, by reason of illness, temporarily incapable of discharging his functions as a Member of the Executive Council, and thereupon the Chief Minister or such Member, as the case may be, shall not sit or vote in the Executive Council until he is declared in manner aforesaid again to be capable of discharging his said functions."
10. Section 11 of the Principal Order is hereby revoked and the following section substituted therefor:—
"Filling of vacancies.
11.—(1) Whenever the seat in the Executive Council of the Chief Minister becomes vacant from any cause other than a dissolution of the Legislative Council, the Legislative Council shall, not later than its third sitting after the occurrence of the vacancy, elect a person from among the Elected Members thereof (whether an Elected Member of the Executive Council or not), other than the Speaker, to be a Member of the Executive Council as Chief Minister.
(2) Whenever the seat of an Elected Member of the Executive Council becomes vacant from any cause other than a dissolution of the Legislative Council, the Legislative Council shall, not later than its third sitting after the occurrence of the vacancy, elect a person from among the Elected Members thereof, other than the Speaker, to fill the vacancy."
11. Section 12 of the Principal Order is hereby revoked and the following section substituted therefor:—
"Acting Chief Minister and Temporary Members.
12.—(1) (a) Whenever the Chief Minister—
(i) has occasion to be absent from the Colony, or
(ii) by reason of his illness considers it desirable so to do,
he may request the Governor to appoint one of the Elected Members of the Executive Council, whom he shall specify, to act as Chief Minister during such absence or illness, and the Governor, upon receipt of such request, shall by Instrument under the Public Seal appoint such Elected...
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