Aden (Constitution) Order in Council 1962
| Jurisdiction | UK Non-devolved |
| Citation | SI 1962/2177 |
| Year | 1962 |
1962 No. 2177
ADEN
The Aden (Constitution) Order in Council 19622ndOctober 1962
8thOctober 1962
9thOctober 1962
At the Court at Balmoral, the 2nd day of October 1962
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the British Settlements Acts 1887 and 1945(a) or otherwise in Her Majesty vested, 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 Aden (Constitution) Order in Council 1962.
(2) This Order shall, except as otherwise provided, come into operation on 9th October 1962.
Interpretation.
2.—(1) In this Order—
"the appointed day" means such day after the commencement of this Order as the Governor, in his discretion, may by notice published in the Gazette appoint;
"the existing Orders" means the Orders in Council specified in schedule 1 to this Order;
"the existing Legislative Council" means the Legislative Council established by the existing Orders;
"the Constitution" means the Constitution set out in schedule 2 to this Order;
"the Governor" means the Governor as defined for the purposes of the existing Orders.
(2) Unless the context otherwise requires, expressions used in sections 1 to 10 of this Order and in schedule 3 to this Order have the same meaning as in the Constitution and the provisions of section 79 of the Constitution shall apply for the purpose of interpreting those sections and that schedule as they apply for the purpose of interpreting the Constitution.
Revocation.
3. With effect from the appointed day the Orders in Council mentioned in the second column of schedule 1 to this Order are revoked.
Establishment of the Constitution.
4. Subject to the provisions of this Order, the Constitution shall come into effect in Aden on the appointed day.
(a) 50 & 51 Vict. c. 54 and 9 & 10 Geo. 6. c. 7.
Existing laws.
5.—(1) Subject to the provisions of this section, the existing laws shall, notwithstanding the revocation of the existing Orders, have effect after the appointed day as if they had been made in pursuance of this Order and shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Order.
(2) The High Commissioner may, by order published in the Gazette, at any time within six months after the appointed day, provide that any existing law shall be read and construed with such adaptations and modifications as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Order or otherwise for giving effect or enabling effect to be given to those provisions; and any existing law shall have effect accordingly from such date as may be specified in the order.
(3) An order made under this section may be amended, revoked or replaced by a further order so made or, in relation to any law or instrument affected thereby, by the authority having power to amend, repeal or revoke that law or instrument.
(4) For the purposes of this section, the expression "the existing laws" means all Ordinances, laws, rules, regulations, orders and other instruments made in pursuance of, or kept in force by, the existing Orders, and having effect as part of the law of Aden immediately before the appointed day.
Holders of existing offices.
6.—(1) Persons who immediately before the appointed day are holding or acting in offices established by or under the existing Orders shall, on and after that day, continue to hold or to act in their respective offices as if they had been appointed thereto by or under the Constitution and had made any oaths or affirmations required by or under the Constitution.
(2) The reference in subsection (1) of this section to offices established by or under the existing Orders does not include a reference to the office of Governor, Speaker of the Legislative Council, Chief Secretary, member of the Executive Council or member of the Legislative Council.
High Court proceedings
7. All proceedings commenced or pending immediately before the appointed day before the Supreme Court established by the existing Orders shall be carried on before the Supreme Court established by the Constitution.
Council of Ministers.
8. Notwithstanding the revocation by this Order of the existing Orders, the Executive Council established by those Orders—
(a) shall continue to exist until such time as the Council of Ministers established by the Constitution has been constituted; and
(b) shall, until that time, perform its functions and be consulted by the Governor in accordance with the provisions of the existing Orders.
Legislative Council.
9.—(1) Any person who immediately before the appointed day was the Speaker or a Nominated Member of the existing Legislative Council shall be deemed to have been appointed under the Constitution as the Speaker or a Nominated Member, as the case may be, of the Legislative Council established by the Constitution, and the provisions of the Constitution shall apply to him accordingly.
(2) Any person who immediately before the appointed day is an Elected Member of the existing Legislative Council shall, with effect from the appointed day, be deemed to be an Elected Member of the Legislative Council established by the Constitution and to have been returned thereto in accordance with the provisions of the Constitution by the electoral division by which he was returned to the existing Legislative Council, and the provisions of the Constitution shall apply to him accordingly.
(3) During the period between the commencement of this Order and the appointed day—
(a) the existing Legislative Council shall include four Specially Elected Members in addition to the Members provided for in the existing Orders who shall be elected in accordance with the provisions of schedule 3 to this Order and, save in so far as they are inconsistent with the provisions of this paragraph and schedule 3 to this Order, the provisions of the existing Orders shall apply to the Specially Elected Members as they apply to the Elected Members of the Council; and
(b) section 23A (2) of the Aden Colony (Amendment) Order 1944(a) shall have effect as if the words "five years" were substituted for the words "four years".
(4) (a) During the period between the appointed day and the first dissolution of the Legislative Council established by the Constitution, four of the Elected Members of that Council shall, notwithstanding the provisions of the Constitution but subject to paragraph (b) of this subsection, be persons elected as such in accordance with the provisions of schedule 3 to this Order and the said schedule 3 shall apply for the purposes of any such elections with such adaptations and modifications as are necessary to bring it into conformity with the provisions of this subsection and in particular as if—
(i) the references therein to the existing Legislative Council, the Specially Elected Members of that Council, the Speaker and Deputy Speaker of that Council and the Governor were references, respectively, to the Legislative Council established by the Constitution, the four Elected Members aforesaid of that Council, the Speaker and Deputy Speaker of that Council and the High Commissioner;
(ii) the definition of "bye-election" in paragraph 1 were deleted; and
(iii) for the words "As soon as practicable after the commencement of this Order and whenever a bye-election becomes necessary" in paragraph 4 there were substituted the words "Whenever there is occasion after the appointed day to elect any Member or Members of the Legislative Council in accordance with the provisions of this schedule".
(b) Any person who immediately before the appointed day is a Specially Elected Member of the existing Legislative Council shall, with effect from the appointed day, be deemed to be an Elected
(a) S.R. & O. 1944/1316 (Rev. I, p. 11: 1944 I, p. 1). The relevant amending instruments are S.I. 1955/1654, 1958/1747 (1955 I, p. 46; 1958 I, p. 57).
Member of the Legislative Council established by the Constitution and to have been elected thereto under paragraph (a) of this subsection.
(c) Save in so far as they are inconsistent with the provisions of this subsection and schedule 3 to this Order as applied by this subsection the provisions of the Constitution shall apply to the four Elected Members aforesaid of the Legislative Council established by the Constitution (including persons who, by virtue of paragraph (b) of this subsection are deemed to have been elected as such Members) as they apply to the other Elected Members of that Council.
(5) The rules and orders of the existing Legislative Council as in force immediately before the appointed day shall, as from the appointed day and until it is otherwise provided under section 44 of the Constitution, continue to be the rules and orders of the Legislative Council established by the Constitution, but shall be construed with such modifications and adaptations, if any, as may be necessary to bring them into conformity with the Constitution.
(6) The period of five years mentioned in section 57 (2) of the Constitution shall in relation to the Legislative Council as first constituted under the Constitution and this Order be deemed to have commenced on the date when the existing Legislative Council first met after the last general election of members thereto.
Power reserved to Her Majesty.
10. Nothing in this Order shall affect the power of Her Majesty in Council to make laws from time to time for the peace, order and good government of Aden.
W. G. Agnew.
Section 2 (1).
SCHEDULE 1 TO THE ORDER THE EXISTING ORDERS
References Short Title
S.R. & O. 1936/1031 (Rev. I, The Aden Colony Order 11936
p. 7: 1936, p. 1)
S.R. & O. 1944/1316 (Rev. I, The Aden Colony (Amendment) Order
p. 11: 1944 I, p. 1). 1944
S.R. & O. 1947/2778 (Rev. I, The Aden Colony...To continue reading
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