West Indies (Dissolution and Interim Commissioner) Order in Council 1962
| Jurisdiction | UK Non-devolved |
| Citation | SI 1962/1084 |
| Year | 1962 |
1962 No. 1084
CARIBBEAN AND NORTH ATLANTIC
TERRITORIES
The West Indies (Dissolution and Interim Commissioner) Order in Council 196223rdMay 1962
28thMay 1962
29thMay 1962
At the Court at Buckingham Palace, the 23rd day of May 1962
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue of the powers conferred upon Her by the West Indies Act 1962(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 and commencement.
1.—(1) This Order may be cited as the West Indies (Dissolution and Interim Commissioner) Order in Council 1962.
(2) This Order shall come into operation on 29th May 1962.
Interpretation.
2.—(1) In this Order, unless the context otherwise requires—
"the Commissioner" means the person holding the office of Commissioner established by article 4 of this Order and includes any person performing the functions of that office under article 5 of this Order;
"the General Fund" means the fund established by article 11 of this Order;
"the Federation" means the Federation of the West Indies;
"the Territories" means the following territories (with their respective dependencies, if any), that is to say, the Colonies of:—
(a) Antigua,
(b) Barbados,
(c) the Cayman Islands,
(d) Dominica,
(e) Grenada,
(f) Jamaica,
(g) Montserrat,
(h) Saint Christopher, Nevis and Anguilla,
(i) Saint Lucia,
(j) Saint Vincent,
(k) Trinidad and Tobago, and
(l) the Turks and Caicos Islands,
and "Territory" means any of the territories aforesaid.
(2) The Interpretation Act 1889(b) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to Acts of Parliament.
(b) 52 & 53 Vict. c. 63.
Dissolution of the Federation.
3.—(1) The Federation and, with it, the Federal Government, the Federal Legislature, the Federal Supreme Court and the other Federal authorities established by the Constitution annexed to the West Indies (Federation) Order in Council 1957(a) shall be dissolved on such day (hereinafter referred to as "the appointed day") as the Commissioner may, by proclamation, appoint; and accordingly that Constitution shall cease to have effect on that day (b).
(2) Section 38 (2) of the Interpretation Act 1889 shall apply to the cesser of the said Constitution as it applies to the repeal of an Act of Parliament.
Establishment of office of Commissioner.
4.—(1) There shall be a Commissioner for the Territories, who shall be appointed by Her Majesty by instructions given through a Secretary of State.
(2) The Commissioner shall hold office during Her Majesty's pleasure and shall receive such emoluments and allowances, which shall be paid out of the General Fund, and shall have such other conditions of service as Her Majesty may direct by instructions given through a Secretary of State.
Performance of functions of Commissioner during vacancy, etc.
5.—(1) If the office of Commissioner is vacant or the Commissioner is absent from the Territories or is for any reason unable to perform the functions of his office, those functions may be performed by such person or persons as may be designated by Her Majesty by instructions given through a Secretary of State.
(2) The Commissioner shall not, for the purposes of this article, be regarded as absent from the Territories or as unable to perform the functions of his office by reason only that he is in passage between any of the Territories.
Corporate status of Commissioner.
6. The Commissioner shall be a corporation sole having perpetual succession with the style of "the Interim Commissioner for the West Indies" and shall have an official seal and be capable of purchasing or otherwise acquiring, holding and alienating movable or immovable property and, save as otherwise provided by regulations made under this Order, of doing all such acts as corporations sole may lawfully do.
Commissioner to comply with instructions from Her Majesty.
7. The Commissioner shall, subject to the provisions of this Order or of any other law whereby functions are conferred upon him, perform his functions in accordance with such instructions, if any, as Her Majesty may from time to time see fit to give him; but the question whether he has in any matter complied with such instructions shall not be enquired into in any court.
Commissioner's functions.
8.—(1) As from the appointed day the Commissioner shall—
(a) take over and continue or administer for the benefit of the Territories the services specified in schedule 1 to this Order;
(b) be responsible for the payment of pensions, gratuities and other like benefits granted before the appointed day in respect of service in the public service of the Federation;
(c) be responsible for the winding up of any service administered or provided by the Federal Government immediately before the appointed day that is not a service specified in schedule 1 to this Order; and
(d) be responsible for doing such other things as may appear to him to be necessary or expedient in consequence of the dissolution of the Federation or to be incidental thereto.
(a) S.I. 1957/1364 (1957 I, p. 202).
(b) Day appointed 1.6.62.
(2) The Commissioner shall have such other functions as may be conferred upon him by virtue of the exercise of the powers conferred by article 16 (1) (b) of this Order.
(3) Notwithstanding anything in paragraph (1) (a) of this article the Commissioner may, in pursuance of instructions in that behalf given to him by Her Majesty, terminate any service taken over by him under that paragraph,
Power to make regulations.
9.—(1) The Commissioner may, with the approval of a Secretary of state, make laws (which shall be styled "Regulations") for the Territories, for any of the following purposes:—
(a) regulating legal proceedings by and against the Commissioner;
(b) determining the emoluments, and other terms and conditions of service of persons in the service of the Commissioner;
(c) the grant of pensions, gratuities and other like benefits in respect of service in the service of the Commissioner or in the public service of the Federation;
(d) the levying of income tax on emoluments and allowances (including pensions, gratuities and other like benefits) payable out of the General Fund or any other fund of the Commissioner or paid or payable out of the public funds of the Federation in or in respect of the period beginning on 1st January 1962 and ending at the beginning of the appointed day.
(2) Regulations made in pursuance of paragraph (1) (c) of this article for the grant of any pension, gratuity or other like benefit to any person shall be not less favourable to that person than the law, if any, applicable on the date on which this Order comes into operation to the grant to that person of any pension, gratuity or other like benefit in respect of service of his, or that of another's, in the public service of the Federation.
Constitution of offices, etc.
10.—(1) For the purposes of this Order and subject to the provisions of this Order and of any regulation made thereunder, the Commissioner, or any person authorised in that behalf by the Commissioner, shall have power, in the name and on behalf of Her Majesty, to—
(a) constitute such offices as may lawfully be constituted by...
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