Trinidad and Tobago (Constitution) Order in Council, 1961
| Jurisdiction | UK Non-devolved |
| Citation | SI 1961/1192 |
1961 No. 1192
CARIBBEAN AND NORTH ATLANTIC
TERRITORIES
The Trinidad and Tobago (Constitution) Order in Council, 196126thJune 1961
On a day to be appointed by the Governor under section 1 (2).RemainderOn a day to be appointed by the Governor under section 1 (3).
ARRANGEMENT OF SECTIONS
PART I—GENERAL
Section
1. Citation, construction and revocation.
2. Constitution of Trinidad and Tobago.
PART II—TRANSITIONAL PROVISIONS
3. First Governor.
4. Remuneration of personal staff.
5. First general election.
6. First constituencies.
7. First session of Chambers of the Legislature.
8. First Standing Orders.
9. Continuation of Cabinet and exercise of Governor's powers prior to commencement of Part IV.
10. Director of Public Prosecutions.
11. Supreme Court.
12. Continuation of Commissions prior to commencement of Part VI.
13. Officers to continue in service.
14. Waiver of necessity of taking oaths.
15. Existing laws.
16. Regulations relating to retirement of certain officers serving before the appointed day.
PART III—MISCELLANEOUS
17. Power reserved to Her Majesty.
18. Interpretation.
ANNEX
The Constitution of Trinidad and Tobago.
At the Court at Buckingham Palace, the 26th day of June, 1961
Present,
The Queen's Most Excellent Majesty in Council
Whereas, having regard to the constitutional discussions held in London in November, 1959, and in Trinidad in June, 1960, it is expedient that a new constitution should be established for Trinidad and Tobago:
And Whereas, in accordance with the wishes of the people of Trinidad and Tobago, as signified by their representatives assembled in the Legislative Council on the ninth day of September, 1959, there is hereby recorded their belief that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace, their faith in fundamental human rights and the dignity and worth of the individual, and their conviction that human rights should be protected by the rule of law:
Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her by the Trinidad and Tobago Act, 1887(a), and 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:—
PART I.—GENERAL
Citation construction and revocation.
1.—(1) This Order may be cited as the Trinidad and Tobago (Constitution) Order in Council, 1961, and the Annex to this Order may be cited separately as the Constitution of Trinidad and Tobago.
(2) The provisions of this Order and of the Constitution annexed to this Order shall, except where otherwise provided, come into force on such day as the Governor may, by proclamation published in the Gazette, appoint (in this Order referred to as "the appointed day").
(3) The provisions of articles 5 and 6, paragraph (2) of article 9, articles 10, 11 and 13 of Part I and of Parts IV, V and VI of the Constitution shall come into force on such day, after the appointed day, as the Governor may, by proclamation published in the Gazette, appoint.
(4) Subject to the provisions of sections 9, 11 and 12 of this Order, the following Orders are hereby revoked—
(a) the Trinidad and Tobago (Constitution) Order in Council, 1950(b);
(b) the Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1956(c);
(c) the Trinidad and Tobago (Constitution) Order in Council, 1958(d);
(a) 50 & 51 Vict. c. 44.
(b) S.I. 1950/510 (1950 II, p. 1156).
(c) S.I. 1956/835 (1956 II, p. 2393).
(d) S.I. 1958/428 (1958 I, p. 248).
(d) the Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959(a); and
(e) the Trinidad and Tobago (Electoral Provisions) Order in Council, 1960(b).
(5) The Trinidad and Tobago Letters Patent, 1950(c), and the Trinidad and Tobago Letters Patent, 1959(d), are revoked.
Constitution of Trinidad and Tobago.
2. The provisions of the Constitution set out in the Annex to this Order (in this Order referred to as "the Constitution") shall have the force of law.
PART II.—TRANSITIONAL PROVISIONS
First Governor.
3. The person who, immediately before the appointed day, holds the office of Governor shall, as from that day, hold the like office as if he had been appointed thereto under article 1 of the Constitution, and the Commission under Her Majesty's Sign Manual and Signet by which he was appointed to the office of Governor shall, as from that day, have effect as if it had been granted in pursuance of that article.
Remuneration of personal staff.
4.—(1) At any time before the coming into force of Parts IV, V and VI of the Constitution, the Governor, acting with the concurrence of the Premier, may by notice published in the Gazette, prescribe, in relation to the first Governor under the Constitution the salaries and allowances that are to be paid to the members of the personal staff of the Governor, and the other sums that are to be paid in respect of the expenditure attaching to the office of Governor.
(2) Any matter prescribed by a notice published under the preceding subsection shall, for the purposes of article 5 of the Constitution, be deemed, as from the coming into force of that article, to have been prescribed in pursuance thereof, and the provisions of such notice may be amended or revoked by a further notice so published or by any law so enacted.
First general election.
5. The first general election of members of the House of Representatives shall be held on such day within four months after the appointed day as the Governor may appoint by Proclamation published in the Gazette.
First constituencies.
6. Until other provision is made under article 47 of the Constitution, the Territory shall be divided, for the purposes of the election of members of the House of Representatives, into thirty constituencies in accordance with any order made under subsection (4) of section 7 of the Trinidad and Tobago (Electoral Provisions) Order in Council, 1960, which is in force immediately before the appointed day.
First session of chambers of the Legislature.
7. The first session of the Senate and of the House of Representatives shall begin within six months after the appointed day.
First Standing Orders.
8. The Governor shall make and cause to be laid before the Senate and the House of Representatives respectively when they first meet such Standing Orders with respect to the matters mentioned in article 26 of the Constitution as appear to him expedient to enable the Senate and the House of Representatives to commence the transaction of their business in an orderly manner, but any such Orders may be amended or revoked by the chamber to which they relate.
(a) S.I. 1959/1044 (1959 I, p. 509).
(b) S.I. 1960/1961 (1960 I, p. 469).
(c) S.I. 1950 II, p. 1551.
(d) S.I. 1959 II, p. 3442.
Continuation of Cabinet and exercise of Governor's powers prior to commencement of Part IV.
9.—(1) Until the coming into force of Part IV of the Constitution, the provisions of Part II of the Trinidad and Tobago (Constitution) Order in Council, 1950 (as set out in sections 3 and 4 of the Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959) shall, subject to the provisions of subsection (2) of this section, continue to have effect and accordingly—
(a) the Cabinet established in accordance with those provisions shall continue to exist and shall be constituted and perform its functions in accordance with those provisions;
(b) Parliamentary Secretaries appointed in accordance with those provisions shall continue to perform their functions in accordance with those provisions; and
(c) any member of the Cabinet who, immediately before the appointed day, is charged with the administration of any subject or department under those provisions, shall, subject to those provisions, continued to be so charged.
(2) No member of the Cabinet aforesaid and no Parliamentary Secretary appointed under the said provisions shall vacate his office on the grounds that he has ceased to be a member of the Legislative Council established by the Trinidad and Tobago (Constitution) Orders in Council, 1950 to 1959, by reason only of the fact that the said Legislative Council has ceased to exist.
(3) Until the coming into force of Part IV of the Constitution, section 5 of the Trinidad and Tobago (Constitution) Order in Council, 1950 (as set out in section 3 of the Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959) shall have effect in relation to functions conferred upon the Governor by any provision of the Constitution as it has effect in relation to functions conferred upon him by the Trinidad and Tobago (Constitution) Orders in Council, 1950 to 1959.
Director of Public Prosecutions.
10. Until a person is appointed under the provisions of article 79 of the Constitution to be Director of Public Prosecutions, the functions of that office shall, as from the coming into force of Part IV of the Constitution, be performed by the Solicitor General.
Supreme Court.
11.—(1) Until the coming into force of Part V of the Constitution the provisions of Part VI of the Trinidad and Tobago (Constitution) Order in Council, 1950 (as set out in section 14 of the Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959) shall continue to have effect and the judges of the Supreme Court shall accordingly be appointed and hold office in accordance with those provisions.
(2) The Supreme Court in existence immediately before the day upon which Part V of the Constitution comes into force shall, as from that day, be the Supreme Court for the purposes of the Constitution, and the Chief Justice and other judges of the Supreme Court holding office immediately before that day shall, as from that day, continue to hold the like offices as if they had been appointed thereto under the provisions of Part V of the Constitution.
Continuation of Commissions prior to commencement of Part VI.
12. Until the coming into force of Part VI of...
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