Trinidad and Tobago (Constitution) Order in Council, 1950
| Jurisdiction | UK Non-devolved |
| Citation | SI 1950/510 |
| Year | 1950 |
1950 No. 510
TRINIDAD AND TOBAGO
The Trinidad and Tobago (Constitution) Order in Council, 195031stMarch 1950
3rdApril 1950
Sections 68 and 70—4th April, 1950 Remainder except Part II—On the commencement of the Trinidad and Tobago Letters patent, 1950.*Part II—On a day to be appointed by Order of the Governor under Section 27.*
At the Court at Windsor Castle, the 31st day of March, 1950
Present,
The King's Most Excellent Majesty in Council
Whereas, by the Letters Patent mentioned in Part 1 of the First Schedule to this Order, there are established in and for the Colony of Trinidad
(a) S.R. & O. 1947 (No. 1032) I, p. 2184.
(b) S.I. 1948 (No. 2813) I, p. 4372.
* The date thus appointed was 31st August, 1950.
and Tobago an Executive Council, to be constituted in accordance with provision made by Instructions under the Royal Sign Manual and Signet, and a Legislative Council, to be constituted in accordance with provision made by Order in His Majesty's Privy Council:
And Whereas, by the Orders in Council mentioned in Part 2 of the First Schedule to this Order, provision is made for the constitution of of the Legislative Council aforesaid:
And Whereas upon the commencement of the Trinidad and Tobago Letters Patent, 1950, the Letters Patent mentioned in Part 1 of the First Schedule to this Order will be revoked:
And Whereas it is expedient to revoke the Orders in Council mentioned in Part 2 of the First Schedule to this Order and by this Order to establish, and make provision for the constitution of, an Executive Council and a Legislative Council in and for the Colony of Trinidad and Tobago in place of the Executive Council and Legislative Council aforesaid, and to make certain other provisions for the Government of the said Colony:
Now, therefore, His Majesty, by virtue and in exercise of the powers vested in Him by the Trinidad and Tobago Act, 1887(a), and of all other powers enabling Him in that behalf, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—
PART I
Preliminary
Interpretation.
1.—(1) In this Order, unless the context otherwise requires—
"the appointed day" means the day appointed under Article 2 of the Trinidad and Tobago Letters Patent, 1950;
"the Colony" means the Colony of Trinidad and Tobago;
"clear income" means the gross income received by a person for his own use, less such outgoings and expenses incurred by him in the production of the income as would be allowable as deductions in arriving at a chargeable income under the provisions of any Income Tax Ordinance, or any regulation made thereunder, in force in the Colony;
"dollars" means dollars in the currency of the Colony;
"election" means an election of Members to the Legislative Council and "elector" means an elector for any such election;
"the Executive Council" means the Executive Council established by this Order;
"the existing Letters Patent" means the Letters Patent mentioned in Part 1 of the First Schedule to this Order;
"the existing Orders" means the Orders in Council mentioned in Part 2 of the First Schedule to this Order;
(a) 50 & 51 Vict. c. 44.
"the Gazette" means the Trinidad Royal Gazette;
"the Governor" means the Governor and Commander-in-Chief of the Colony and includes the officer for the time being administering the Government and, to the extent to which a Deputy for the Governor is authorized to act, that Deputy;
"the Instructions of 1924" means the Instructions issued under the Royal Sign Manual and Signet to the Governor and Commander-in-Chief of the Colony and dated the sixth day of June, 1924, as amended by Additional Instructions dated the fifth day of August, 1941;
"the Legislative Council" means the Legislative Council established by this Order;
"minister of religion" means any person in holy orders and any other person the functions of whose principal occupation include teaching or preaching in any congregation for religious worship;
"public office" means any office of emolument in the public service;
"public officer" means the holder of any public office and includes any person appointed to act in any such office;
"the Public Seal" means the Public Seal of the Colony;
"the public service" means the service of the Crown in respect of the government of the Colony;
"session" means the sittings of the Legislative Council commencing when the Council first meets after being constituted under this Order, or after its prorogation or dissolution at any time, and terminating when the Council is prorogued or is dissolved without having been prorogued;
"sitting" means a period during which the Legislative Council is sitting continuously without adjournment, and includes any period during which the Council is in committee;
"the Speaker" and "the Deputy Speaker" mean respectively the Speaker and the Deputy Speaker of the Legislative Council.
(2) Where in this Order reference is made to any officer by the term designating his office, such reference shall be construed as a reference to the officer for the time being lawfully discharging the functions of that office.
(3) References in this Order to His Majesty's dominions shall have effect as if they included references to all British protectorates and British protected states and to all territories administered by the Government of any part of His Majesty's dominions under the trusteeship system of the United Nations.
(4) (a) For the purposes of this Order a person shall not be considered to hold an office of emolument under the Crown by reason only that he is in receipt of a pension or other like allowance in respect of service under the Crown; and if it shall be declared by any law in force, in the Colony that an office shall not be an office of emolument under the Crown for all or any of the purposes of this Order, this Order shall have effect accordingly as if such law were enacted therein.
(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, Minister, Acting Minister, Member of the Legislative Council or Member of the Executive Council.
(5) This Order shall be construed—
(a) as if subsection (1) of Section 1 of the India (Consequential Provision) Act, 1949(a), applied to it in the same way as that subsection applies to laws in force on the date mentioned in that subsection; and
(b) as if subsection (2) of Section 3 of the British Nationality Act, 1948(b) (as interpreted by subsection (1) of Section 3 of the Ireland Act, 1949(c)) and subsection (2) of Section 3 of the Ireland Act, 1949(c), applied to it as those subsections apply to laws in force at the dates of the commencement of those Acts respectively.
(6) Save as is in this Order otherwise provided, or required by the context, the Interpretation Act, 1889(d), shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
Short title and commencement.
2. This Order may be cited as the Trinidad and Tobago (Constitution) Order in Council, 1950. It shall be published in the Gazette and, save as otherwise expressly provided in this Order, shall come into operation on the appointed day.
Revocation.
3. The existing Orders are hereby revoked but without prejudice to anything lawfully done thereunder.
PART II
Executive Council
General
Executive Council.
4. There shall be an Executive Council in and for the Colony, which shall consist of the Governor, as Chairman, three ex officio Members, one Nominated Member and five Elected Members.
Functions of Executive Council and exercise of Governor's Powers.
5.—(1) The Executive Council shall be the principal instrument of policy and shall perform such functions and duties, and exercise such powers, as may from time to time be prescribed by or under this Order, any other Orders of His Majesty in Council, any Instructions under His Majesty's Sign Manual and Signet or, subject to the provisions of this Order and of such other Orders and Instructions as aforesaid, by or under any other law in force in the Colony.
(2) The Governor shall, save as otherwise provided by any Instructions under His Majesty's Sign Manual and Signet—
(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; and
(a) 12, 13 & 14 Geo. 6. c. 92.
(b) 11 & 12 Geo. 6. c. 56.
(c) 12, 13 & 14 Geo. 6. c. 41.
(d) 52 & 53 Vict. c. 63.
(b) act in accordance with the advice of the Executive Council in any matter on which he is by this subsection obliged to consult with the Executive Council.
(3) Nothing in subsection (2) of this section shall be construed as applying to matters for which provision is made by subsection (1) of section 17, or by section 56, of this Order.
Ex officio Members.
6. The ex officio Members of the Executive Council shall be the Colonial Secretary, the Attorney-General and the Financial Secretary.
Nominated Member.
7.—(1) The Nominated Member of the Executive Council shall be a person who is a Nominated Member of the Legislative Council and shall be appointed by the Governor, acting in his discretion, by Instrument under the Public Seal.
(2) The Governor shall forthwith report to His Majesty through a Secretary of State the appointment of any person to be Nominated Member of the Executive Council.
Elected Members.
8.—(1) The Elected Members of the Executive Council shall be persons who are Elected Members of the Legislative Council and shall be 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 commencement of this Order and after every dissolution of the Legislative Council, elect from among the...
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