Anguilla (Constitution) Order 1976
| Jurisdiction | UK Non-devolved |
1976 No. 50
ASSOCIATED STATES
The Anguilla (Constitution) Order 197619thJanuary 1976
10thFebruary 1976
At the Court at Buckingham Palace, the 19th day of January 1976
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue of the powers conferred upon Her by section 1(1) of the Anguilla Act 1971(a) is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows :—
Citation, commencement and interpretation.
1.—(1) This Order may be cited as the Anguilla (Constitution) Order 1976 and shall come into operation on 10th February 1976.
(2) The Interpretation Act 1889(b) shall apply with the necessary adaptations for the purpose of interpreting and otherwise in relation to this Order as it applies for the purpose of interpreting and in relation to an Act of Parliament.
Constitution of Anguilla and revocation.
2.—(1) The Schedule to this Order shall have effect as the Constitution of Anguilla as from the date on which the Anguilla Council is next dissolved after the coming into operation of this Order: and the Anguilla (Administration) Order 1971(c) is revoked with effect from that date.
(2) The Schedule to this Order may be cited as the Constitution of Anguilla, and references in any law made before this Order to the Anguilla (Administration) Order 1971 or to any particular provision thereof shall be construed, as from the commencement of this Order, as references to the Constitution of Anguilla and to the corresponding provision thereof.
(3) So long as the Constitution of Anguilla is in force the Constitution of the associated state of St. Christopher, Nevis and Anguilla(d) shall not apply in and in relation to Anguilla.
Provisions relating to elections.
3. At any time between the commencement of this Order and the date on which the Constitution of Anguilla comes into effect, the Commissioner may by regulation make provision for any matter with respect to which a law could be made under section 45 of the Constitution in order that elections to the Legislative Assembly established by the Constitution may be held immediately or shortly after the Constitution comes into effect.
(a) 1971 c. 63.
(b) 1889 c. 63.
(c) S.I. 1971/1235 (1971 II. p. 3587).
(d) Schedule 2 to S.I. 1967/228 (1967 I. p. 594).
Discharge of functions of Supreme Court.
4.—(1) The Commissioner, acting in pursuance of instructions given by Her Majesty through a Secretary of State, may appoint fit and Proper persons to exercise in or in relation to Anguilla any powers, duties or jurisdiction conferred upon the Court of Appeal or, as the case may be, the High Court established by the Courts Order or upon the Chief Justice or any other judge of either of those courts, or upon any officer of either of those courts, by the Constitution of Anguilla or any other law for the time being in force in, or having effect in relation to, Anguilla and, subject to the provisions of any such instructions concerning the tenure of office of any such person, may terminate any such appointment.
(2) Any powers, duties or jurisdiction exercisable in or in relation to Anguilla by any person or persons appointed under the preceding subsection shall, to the extent that it is so provided in any instructions given to the Commissioner by Her Majesty through a Secretary of State, be so exercisable by that person or those persons, as the case may be, to the exclusion of any other person or persons.
(3) Any reference in the Constitution of Anguilla or any other law for the time being in force in, or having effect in relation to, Anguilla to the Court of Appeal or, as the case may be, the High Court established by the Courts Order or to the Chief Justice or any other judge of either of those courts or to any officer of either of those courts shall, to the extent that any person or persons appointed under subsection (1) of this section are authorised to exercise in or in relation to Anguilla any powers, duties or jurisdiction, have effect in relation to such powers, duties or jurisdiction as if that reference included a reference to that person or, as the case may be, those persons.
(4) Persons appointed under subsection (1) of this section shall, for the purposes of any law for the time being in force in Anguilla, be regarded as holding offices constituted for Anguilla.
(5) In this section the Courts Order means the West Indies Associated States Supreme Court Order 1967(e).
Stamp of Anguilla.
5. Until such time as a public seal is provided for Anguilla, a stamp bearing the words " Government of Anguilla " and countersigned by the Commissioner may be used instead of such seal.
N. E. Leigh
(e) S.I. 1967/223 (1967 I, p. 364).
THE SCHEDULE TO THE ORDER
THE CONSTITUTION OF ANGUILLA
CHAPTER I
Protection of Fundamental Rights and Freedoms
Fundamental rights and freedoms of the individual.
1. Whereas every person in Anguilla is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely—
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression and of peaceful assembly and association; and
(c) respect for his private and family life,
the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life.
2.—(1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law of Anguilla of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable—
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order lawfully to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
Protection of right to personal liberty.
3.—(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say—
(a) in consequence of his unfitness to plead to a criminal charge;
(b) in execution of the sentence or order of a court, whether established for Anguilla or some other country, in respect of a criminal offence of which he has been convicted;
(c) in execution of an order of the High Court or the Court of Appeal or such other court as may be prescribed by the Legislature on the grounds of his contempt of any such court or of another court or tribunal;
(d) in execution of the order of a court made in order to secure the fulfillment of any obligation imposed on him by law;
(e) for the purpose of bringing him before a court in execution of the order of a court;
(f) upon reasonable suspicion of his having committed or of being about to commit a criminal offence under the law of Anguilla;
(g) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;
(h) for the purpose of preventing the spread of an infectious or contagious disease;
(i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;
(j) for the purpose of preventing the unlawful entry of that person into Anguilla, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Anguilla or for the purpose of restricting that person while he is being conveyed through Anguilla in the course of his extradition or removal as a convicted prisoner from one country to another; or
(k) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Anguilla or prohibiting him from being within such an area or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Anguilla in which, in consequence of any other such order, his presence would otherwise be unlawful.
(2) Any person who is arrested or detained shall be informed orally and in writing as soon as reasonably practicable, in a language which he understands, of the reasons for his arrest or detention.
(3) Any person who is arrested or detained—
(a) for the purpose of bringing him before a court in execution of the order of a court; or
(b) upon reasonable suspicion of his having committed or being about to commit a criminal offence under the law of Anguilla,
and who is not released, shall be brought without delay before a court; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offence under the law of Anguilla is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either...
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