West Indies (Federation) Order in Council, 1957
| Jurisdiction | UK Non-devolved |
| Citation | SI 1957/1364 |
| Year | 1957 |
1957 No. 1364
WEST INDIES (FEDERATION)
The West Indies (Federation) Order in Council, 195731stJuly 1957
ARRANGEMENT OF ORDER
ESTABLISHMENT OF THE FEDERATION
Section
1. Establishment of Federation.
2. Exercise by Governor-General of certain powers during initial period.
GENERAL
3. Jurisdiction of Federal Supreme Court to be in substitution for jurisdiction of West Indian Court of Appeal.
4. Adaptation of enactments, etc.
5. Power to make provision in connection with accession of colonies to Federation.
6. Amendment of Territorial constitutions.
7. Power to amend or revoke provisions of Order.
8. Interpretation.
9. Citation.
ANNEX
THE CONSTITUTION OF THE WEST INDIES
PREAMBLE
CHAPTER I
THE FEDERATION
Article
1. The Federation.
2. The Governor-General.
3. Acting Governor-General.
4. Deputy to Governor-General.
5. Constitution of offices for Federation.
6. Seat of Federal Government.
CHAPTER II
THE FEDERAL LEGISLATURE
General
Article
7. Legislative power of Federation.
The Senate
8. Composition of Senate.
9. Qualifications for appointment as Senator.
10. Disqualifications for appointment as Senator.
11. Effect on Senator of membership of Legislature or Executive Council of a Territory.
12. Tenure of office of Senators.
13. Inability of a Senator and appointment of member of Senate during such inability.
14. President and Vice-President of Senate.
The House of Representatives
15. Composition of House of Representatives.
16. Alternate member for Montserrat.
17. Qualifications and disqualifications for electors.
18. Laws as to elections.
19. Electoral areas.
20. Qualifications for election as member.
21. Disqualifications for election as member.
22. Effect on member of membership of Legislature or Executive Council of a Territory.
23. Tenure of office of members.
24. The Speaker and Deputy Speaker.
Procedure in Legislature
25. Oath of allegiance.
26. Standing Orders.
27. Language.
28. Presiding in the Senate and House of Representatives.
29. Voting.
30. Chambers may transact business notwithstanding vacancies, etc.
31. Quorum in each chamber.
32. Introduction of Bills, etc.
33. Restriction of the powers of the Senate as to Money Bills.
34. Restriction of the powers of the Senate as to Bills other than Money Bills.
35. Provisions relating to articles 32, 33 and 34.
36. Assent to Bills.
37. Words of enactment.
Miscellaneous
38. Prorogation and dissolution.
39. General elections.
40. Sessions of the Senate and House of Representatives.
41. Privileges, etc. of chambers.
42. Determination of questions as to membership.
CHAPTER III
LEGISLATIVE POWERS WITHIN THE FEDERATION
Powers of Legislatures of the Federation and the Territories
Article
43. General provisions regarding powers of Legislatures.
44. Power to make and revoke additions to Concurrent Legislative List.
45. Effect of Federal and Territorial laws on one another.
46. Legislatures may appropriate public funds for any purpose.
47. Implementation of international obligations.
48. Power of Federal Legislature to make laws on territorial matters and of a Territorial Legislature to make laws on federal matters for emergencies.
Special provisions regarding Territorial laws that provide for controlling the movement of persons
49. Interpretation and application of articles 50 and 51.
50. Laws enacted before end of first five years.
51. Laws enacted after first five years.
Powers of Her Majesty
52. Power of disallowance in respect of laws relating to Federal Government stock.
53. Power of Her Majesty in Council to make laws.
Extra-territorial legislation
54. Powers to make laws regulating certain matters outside the Federation.
CHAPTER IV
THE FEDERAL EXECUTIVE
Executive authority within the Federation
55. Exercise of executive authority of the Federation.
56. Extent of executive authority of the Federation.
57. Delegation of executive authority of Federation.
58. Delegation of executive authority of a Territory.
The Council of State
59. Establishment of Council of State.
60. Exercise of Governor-General's functions.
61. Allocation of portfolios.
62. Appointment of Prime Minister.
63. Appointment of other Ministers.
64. Tenure of office of Ministers.
65. Performance of functions of Prime Minister in certain events.
66. Temporary members of Council of State.
67. Official oath of members of Council.
68. Summoning of Council of State.
69. Certain officers may attend meetings of Council.
70. Proceedings in Council of State.
71. Advice of Council or Prime Minister not to be enquired into by courts.
CHAPTER V
JUDICIAL POWERS
Jurisdiction in Federal matters
Article
72. Enforcement of Federal laws by courts of Territories.
The Federal Supreme Court
73. Establishment of Federal Supreme Court.
74. Appointment of judges.
75. Tenure of office of judges.
76. Acting Chief Justice.
77. Acting Federal Justice.
78. Oaths to be taken by judges.
79. Salaries of judges.
Jurisdiction of the Federal Supreme Court
80. Exclusive jurisdiction in certain matters.
81. Exclusive jurisdiction to decide questions as to interpretation of Constitution referred to Court.
82. Power for Federation or Territory to confer additional original jurisdiction.
83. Power for Federation to confer appellate jurisdiction.
84. Enforcement of orders of Federal Supreme Court.
85. Practice and procedure of Federal Supreme Court.
86. Federal Legislature may confer additional powers.
Appeals to Her Majesty in Council from the Federal Supreme Court and superior courts of Territories
87. Appeals to Her Majesty in Council from Federal Supreme Court.
88. Appeals to Her Majesty in Council from superior court of Territory.
89. Appeals to Her Majesty in Council with special leave.
Federal courts other than the Federal Supreme Court
90. Power for Federation to establish courts other than the Federal Supreme Court.
CHAPTER VI
FINANCE
91. Interpretation.
92. Authorisation of expenditure.
93. Payments by Territories to the Federation during first five financial years.
94. Repayment by the Federation to Territories in certain events.
95. Payments by the Federation to Territories if certain duties are levied by the Federation.
96. Payments to Territories in certain events from revenues raised under a law made under article 53.
97. Postal revenues.
98. Payments relating to currency funds and accounts.
99. Sums charged on revenues.
100. Time for payment of certain sums by or to Federal Government.
101. Regulations.
CHAPTER VII
THE FEDERAL PUBLIC SERVICE
Article
102. Public Service Commission.
103. Appointment, etc. of Federal public officers.
104. Regulations regarding Commission.
105. Interpretation.
CHAPTER VIII
TRANSITIONAL PROVISIONS
106. Provision regarding certain disqualifications for membership of House of Representatives.
107. First elections to the House of Representatives.
108. First Standing Orders.
109. Payments by Territories to Federation during initial period.
110. Chief Justice alone may make rules of court.
111. Stamp to be used as public seal.
CHAPTER IX
MISCELLANEOUS
112. Governor-General's power of pardon, etc.
113. Penalty for sitting or voting in Legislature when unqualified.
114. Salary of Auditor-General.
115. Attorney-General and certain other officers to have right of audience in courts.
116. Interpretation.
117. Amendment of Constitution.
118. Review of Constitution.
THE SCHEDULES
THE FIRST SCHEDULE—Forms of oaths and affirmations.
THE SECOND SCHEDULE—Salary and allowance of the Governor-General.
THE THIRD SCHEDULE—
Part I. The Exclusive Legislative List.
Part II. The Concurrent Legislative List.
THE FOURTH SCHEDULE—Scheduled commodities and rates of duty for the purposes of Chapter VI.
THE FIFTH SCHEDULE—Proportion of amount demanded under article 93 to be paid by the Government of each Territory.
At the Court at Goodwood House, the 31st day of July, 1957
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue of the powers conferred upon Her by section 1 of the British Caribbean Federation Act, 1956(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:—
ESTABLISHMENT OF FEDERATION
Establishment of Federation
1.—(1) Subject to the provisions of this Order, there shall be established a Federation constituted in accordance with the provisions of the Constitution set out in the Annex to this Order (in this Order referred to as "the Constitution").
(2) The following provisions of the Constitution, that is to say—
(a) Chapter I;
(b) article 45;
(c) articles 55, 56, 57 and 58;
(d) Chapter V except article 88;
(e) articles 97, 98, 99 and 100;
(f) Chapters VII, VIII and IX,
shall come into force on such date as Her Majesty may by Order in Council appoint(b):
Provided that at any time after the making of this Order—
(i) Her Majesty may appoint a person to be Governor-General of the Federation;
(ii) the powers conferred on the Governor of a Territory by article 107 of the Constitution to make regulations may be exercised by him in accordance with the provisions of that article; and
(iii) the registration of electors for elections to the House of Representatives may take place in any Territory in accordance with the laws which, under article 107 of the Constitution, govern that matter as respects that Territory and any regulations made under that article by the Governor of that Territory.
(3) Subject to the next following section, the remaining provisions of the Constitution shall not come into force until such date as the Governor-General may by proclamation appoint, and for the purposes of this subsection the Governor-General may appoint different dates with respect to different provisions:
Provided that article 88 of the Constitution shall not come into force in relation to any Territory until such date as the Governor-General may appoint for that Territory, being a date not earlier than the commencement of a law made in pursuance of article 83 of the Constitution...
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