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Montserrat Constitution Order 1989

As Enacted Cited in Amendments 5 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1989/2401

1989 No. 2401

CARIBBEAN AND NORTH ATLANTIC

TERRITORIES

The Montserrat Constitution Order 1989

19thDecember 1989

8thJanuary 1990

On a day to be appointedunder section 1(2)under section 1(2)

At the Court at Buckingham Palace, the 19th day of December 1989

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 5 and 7 of 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:

1.-(1) This Order may be cited as the Montserrat Constitution Order 1989.

(2) This Order shall come into force on such day as the Governor, acting in his discretion, may appoint by proclamation published in the Gazette.

2.-(1) In this Order-

"the appointed day" means the day appointed by the Governor under section 1(2) of this Order:

"the Constitution" means the Constitution set out in Schedule 2 to this Order.

(2) The provisions of section 68 of the Constitution shall apply for the purposes of interpreting sections 1 to 8 of this Order and otherwise in relation thereto as they apply for the purposes of interpreting and in relation to the Constitution.

3. The instruments and enactments specified in Schedule 1 to this Order are revoked with effect from the appointed day.

4. Schedule 2 to this Order shall have effect as the Constitution of Montserrat on the appointed day.

5.-(1) Subject to the provisions of this section, the existing laws shall have effect on the appointed day as if they had been made in pursuance of the Constitution and shall be read and construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the provisions of the Constitution.
(a) 1962 c.19.

(2) The Governor may, by regulations published in the Gazette, at any time within twelve months of the appointed day make such modifications or adaptations to any existing law as appear to him to be necessary or expedient for bringing that law into conformity with the provisions of the Constitution or otherwise for giving effect or enabling effect to be given to those provisions; and any existing law shall have effect accordingly from such day (not being earlier than the appointed day) as may be specified in any such regulations.

(3) Regulations made under this section may be amended or revoked in relation to any law affected thereby by any authority competent to amend or revoke that law.

(4) In this section "existing law" means any law or instrument having effect as part of the law of Montserrat immediately before the appointed day but does not include any Act of the Parliament of the United Kingdom or any instrument made thereunder or any instrument or enactment revoked by this Order.

6.-(1) Any office established by or under the Montserrat Letters Patent 1959 (a) and existing immediately before the appointed day shall on and after that day, so far as consistent with the provisions of the Constitution, continue as if it had been established by or under the Constitution.

(2) Any person who immediately before the appointed day holds or is acting in any office referred to in subsection (1) of this section shall, on and after that day, continue to hold or act in that office as if he had been appointed to hold or act in it in accordance with or under the provisions of the Constitution.

(3) Any person to whom subsection (2) of this section applies who, before the appointed day, has made any oath or affirmation required to be made before assuming the functions of his office shall be deemed to have made any like oath or affirmation so required by the Constitution or any other law.

7.-(1) Any person who immediately before the appointed day is a member of the Legislative Council established by the Constitution and Elections Ordinance (b) shall on that day become a member of the Legislative Council established by the Constitution and shall be deemed to have complied with section 39 of the Constitution and shall hold his seat in the Council in accordance with the provisions of the Constitution.

(2) The persons who immediately before the appointed day hold the offices of Speaker and Deputy Speaker in accordance with the Constitution and Elections Ordinance shall, on and after that day, continue to hold those offices in accordance with the provisions of the Constitution.

(3) The Standing Orders of the Legislative Council as in force immediately before the appointed day shall, except as may be otherwise provided under section 46 of the Constitution, have effect on and after that day as if they had been made under that section but shall be read and construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the provisions of the Constitution.

8. Her Majesty reserves to Herself power, with the advice of Her Privy Council, to make laws for the peace, order and good government of Montserrat.

G. I. de Deney

Clerk of the Privy Council
(a) 1959 II, p. 3386, amended by S.I. 1971/873 and 1971/1740.
(b) Laws of Montserrat Cap. 153, amended by Ordinances No. 15 of 1970 No. 14 of 1975, No. 11 of 1980, No. 24 of 1982.

SCHEDULE 1 TO THE ORDER

Section 3

REVOCATIONS

(1) Instrument or enactment revoked

(2) Reference

SCHEDULE 2 TO THE ORDER

Sections 2(1) and 4

THE CONSTITUTION OF MONTSERRAT

ARRANGEMENT OF SECTIONS

PART I

THE GOVERNOR

Section

1. The Governor

2. Acting Governor

3. Deputy to Governor

4. Exercise of Governor's functions

5. Powers to dispose of land

6. Power to constitute offices and make appointments etc.

7. Powers of pardon etc.

8. Public seal

PART II

THE EXECUTIVE

9. Executive authority

10. Executive Council

11. Appointment of members

12. Tenure of office of members

13. Performance of functions of Chief Minister in certain events

14. Temporary members

15. Assignment of responsibilities to Ministers

16. Governor's special responsibilities

17. Oaths and affirmations

18. Summoning of Executive Council

19. Proceedings in Executive Council

20. Summoning of persons to Executive Council

21. Powers of Attorney-General

PART III

THE LEGISLATIVE

22. Constitution of Legislature

23. The Legislative Council

24. Nominated members

25. Elected members

26. Power to summon public officers to attend meetings of Legislative Council

27. Qualifications for elected membership

28. Disqualifications for nominated and elected membership

29. Tenure of office of nominated and elected members

30. Validity of proceedings

31. Determination of questions as to membership

32. Filling of vacancies

33. Temporary members

34. Incapacity of nominated members

35. Sessions of Legislative Council

36. Speaker and Deputy Speaker

37. Presiding in Legislative Council

38. Governor's right to address Legislative Council

39. Oath or affirmation of allegiance

40. Quorum

41. Voting

42. Prorogation and dissolution

43. General elections

44. Introduction of Bills etc.

45. Power to make laws

46. Standing Orders

47. Penalties for unauthorised persons sitting or voting

48. Assent to Bills

49. Words of enactment

50. Disallowance of laws

51. Privileges etc. of Legislative Council

PART IV

FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

52. Fundamental rights and freedoms of the individual

53. Protection of right to life

54. Protection from inhuman treatment

55. Protection from slavery and forced labour

56. Protection from arbitrary arrest or detention

57. Provisions to secure protection of law

58. Protection of privacy of home and other property

59. Protection of freedom of conscience

60. Protection of freedom of expression

61. Protection of freedom of assembly and association

62. Protection of freedom of movement

63. Protection from discrimination on grounds of race, etc.

64. Protection from deprivation of property

65. Provisions for periods of public emergency

66. Enforcement of fundamental rights

67. Interpretation of Part IV

PART V

INTERPRETATION

68. Interpretation

SCHEDULE

Forms of Oaths and Affirmations

THE CONSTITUTION OF MONTSERRAT

PART I

THE GOVERNOR

1.-(1) There shall be a Governor of Montserrat who shall be appointed by Her Majesty by Commission under Her Sign Manual and Signet and shall hold office during Her Majesty's pleasure.

(2) The Governor shall, for the purpose of administering the government of Montserrat, have such functions as may be conferred upon him by or under this Constitution or any other law and such other functions as Her Majesty may from time to time be pleased to assign to him and, subject to the provisions of this Constitution and, in the case of functions conferred upon him by or under any other law, subject to the provisions of that law, shall perform all such functions (including functions which are expressed by this Constitution to be exercisable in his discretion) according to such instructions, if any, as may be given to him by Her Majesty:

Provided that the question whether or not the Governor has in any matter complied with any such instructions shall not be enquired into by any court.

(3) A person appointed to the office of Governor shall, before entering upon the functions of that office, make oaths or affirmations of allegiance and for the due execution of that office in the forms set out in the Schedule to this Constitution.

2.-(1) During any period when the office of Governor is Acting vacant or the Governor is absent from Montserrat or is for any other reason unable to perform the functions of his office those functions shall, during Her Majesty's pleasure, be assumed and performed by-
(a) such person as Her Majesty may designate in that behalf by instructions given under Her Sign Manual and Signet or through a Secretary of State; or
(b) if there is no person in Montserrat so designated and able to perform those functions, the person who,
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