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(1) This Order may be cited as the St. Helena Constitution Order 1988.
(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:
Provided that section 3 shall come into force on 28th November 1988.
(2) 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 1 to this Order;
“the existing Constitution” means the Constitution set out in Schedule 1 to the St. Helena (Constitution) Order 1966 ;
“the Courts Orders” means the St. Helena Court of Appeal Order 1964 and the St. Helena Supreme Court Order 1969 .
(2) Unless the context otherwise requires, expressions used in sections 1 to 10 (inclusive) of this Order shall have the same meaning as in the Constitution and the provisions of section 56 of the Constitution shall apply for the purposes of interpreting those sections as they apply for interpreting the Constitution.
Section 41 of the existing Constitution is amended by substituting for subsection (2) the following–
(2) The Governor shall dissolve the Legislative Council not later than 6th March 1989.
The instruments specified in Schedule 2 to this Order are revoked with effect from the appointed day.
The Constitution shall come into effect in St. Helena and its Dependencies on the appointed day.
(1) Subject to the provisions of this section, the existing laws shall have effect on and after the appointed day as if they had been made in pursuance of the Constitution and shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
(2) The Governor may by order made at any time within twelve months after the appointed day make such amendments to any existing law as may 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.
(3) The provisions of this section shall be without prejudice to any powers conferred by the Constitution upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.
(4) For the purposes of this section, the expression “existing laws” means laws and instruments (other than Acts of the Parliament of the United Kingdom and instruments made thereunder) having effect as part of the law of St. Helena or its Dependencies immediately before the appointed day.
(1) Any office established by or under the existing Constitution or the Courts Orders 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 to act in it in accordance with or under the provisions of the Constitution, and shall be deemed to have taken any oath required by the Constitution or any other law: Provided that any person who under or by virtue of the provisions of the existing Constitution or the Courts Orders would have been required to vacate his office at the expiration of any period shall vacate his office at the expiration of that period.
The Standing Orders of the Legislative Council as in force immediately before the appointed day shall, except as may be otherwise provided under section 29 of the Constitution, have effect on and after that day as if they had been made under that section but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
(1) Any cause, matter or appeal pending before the Supreme Court or any appeal or application pending before the Court of Appeal (as those courts are respectively constituted by the Courts Orders) immediately before the appointed day may, on or after that day, be continued, determined or appealed against as if such cause, matter or appeal had been instituted or was pending before the Supreme Court, or such appeal or application made to the Court of Appeal, as the case may be, as those courts are respectively constituted by the Constitution.
(2) Any decree or order of the Supreme Court or the Court of Appeal (as those courts are respectively constituted by the Courts Orders) given or made before the appointed day, in so far as it has not been fully executed or enforced, may be executed or enforced on or after that day as if it were a decree or order of the Supreme Court or the Court of Appeal, as the case may be, as those courts are respectively constituted by the Constitution.
There is reserved to Her Majesty full power to make laws from time to time for the peace, order and good government of St. Helena and its Dependencies, including, without prejudice to the generality of the foregoing, laws amending or revoking this Order.
(1) There shall be a Governor and Commander-in-Chief of St. Helena and its Dependencies.
(2) Appointments to the office of Governor shall be made by Commission under Her Majesty’s Sign Manual and Signet and a person appointed to the office shall hold the office during Her Majesty’s pleasure.
(3) A person appointed to the office of Governor shall, before entering upon the duties of that office, make oaths of allegiance and for the due execution of the office of Governor in the forms set out in the Schedule to this Constitution.
(4) The Governor shall have such functions as are 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 of any other law by which such functions are conferred, shall perform all such functions (including functions which are expressed by this Constitution to be exercisable in his discretion or in his judgment) according to such instructions as Her Majesty may from time to time see fit to give him:
Provided that the question whether or not the Governor has in any matter complied with such instructions shall not be enquired into in any court.
I do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law. So help me God.
(1) Whenever the office of Governor is vacant or the person holding the office of Governor is absent from St. Helena or is from any other cause prevented from or incapable of discharging the functions of his office those functions shall, during Her Majesty’s pleasure, be assumed and performed by such person as Her Majesty may designate by Instructions given under Her Sign Manual and Signet or through a Secretary of State.
(2) Before assuming the functions of the office of Governor, any such person as aforesaid shall make the oaths directed by section 1(3) of this Constitution to be made by a person appointed to the office of Governor.
(3) Any such person as aforesaid shall not continue to perform the functions of the office of Governor after the person holding that office or some other person having a prior right to perform those functions has notified him that he is about to assume, or resume, those functions.
(4) For the purposes of this section a person holding the office of Governor shall not be regarded as absent from St. Helena, or as prevented from or incapable of discharging the functions of the office of Governor, at any time when there is a subsisting appointment of a Deputy under section 3 of this Constitution.
I do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of ( here insert the description of the office ). So help me God.
(1) Whenever the Governor–
(a) has occasion to be absent from the seat of government for a period that he has reason to believe will be of short duration;
(b) has occasion to visit any Dependency of St. Helena; or
(c) is suffering from an illness that he has reason to believe will be of short duration,
he may, by Instrument under the public seal, appoint any person in St. Helena to be his Deputy during such absence or illness and in that capacity to discharge on his behalf during such absence or illness such of the functions of the office of Governor as may be specified in that Instrument.
(2) The power and authority of the Governor shall not be abridged, altered or in any way affected by the appointment of a Deputy under this section otherwise than as Her Majesty may at any time think proper to direct by instructions to the Governor through a Secretary of State, and every such Deputy shall conform to and observe all instructions that the Governor may from time to time address to him for his guidance.
(3) A person appointed as Deputy under this section shall hold that appointment for such period as may be specified in the Instrument by which he is appointed, and his appointment may be revoked at any time by Her Majesty by instructions given to the Governor through a Secretary of State or by the Governor.
(4) In this section, “the Governor” does not include a Deputy appointed under this section.
(5) The powers conferred upon the Governor by this section shall be exercised by him in his discretion.
I do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of ( here insert the description of the office ) and I will do right to all manner of people according to the law without fear or favour affection or ill-will. So help me God.
(1) The executive authority of St. Helena and its Dependencies is vested in Her Majesty.
(2) Subject to the provisions of this Constitution, the executive authority of St. Helena and its Dependencies shall be exercised on behalf of Her Majesty by the Governor, either directly or through officers subordinate to him.
(3) Nothing in this section shall preclude persons or authorities other than the Governor from exercising such functions as are or may be conferred upon them by any law.
In the forms above respectively set forth, for the word “swear” there shall be substituted the words “solemnly and sincerely affirm and declare”, and the words “So help me God” shall be omitted.
(1) There shall be an Executive Council for St. Helena which shall consist of–
(a) three Ex-officio Members, that is to say, the persons for the time being discharging the functions of–
(i) the Chief Secretary of St. Helena;
(ii) the Financial Secretary of St. Helena; and
(iii) the Attorney General of St. Helena;
(b) not less than three nor more than five persons who, not being Ex-officio Members of the Legislative Council, are for the time being Chairmen of Council Committees constituted under section 22 of this Constitution (hereinafter in this Part called “the Unofficial Members”); and
(c) such Temporary Members as may be appointed under subsection (2) of this section.
(2)
(a) If a member of the Executive Council is incapable of taking part in the proceedings of the Council by reason of a declaration made under paragraph (b) of this subsection the Governor may, by Instrument under the public seal, appoint a person to be a Temporary Member of the Council.
(b) The Governor may, by writing under his hand, declare that a member of the Executive Council is, by reason of absence or illness, temporarily unable to discharge his functions as a member of the Council, and thereupon that member shall not take part in the proceedings of the Council until he is declared in manner aforesaid to be again able to discharge those functions.
(c) The Governor, in making an appointment under this subsection, shall appoint–
(i) in place of an Ex-officio Member, a person who holds a public office; and
(ii) in place of an Unofficial Member, a person who is a member of the Legislative Council.
(d) The Governor shall forthwith report to Her Majesty through a Secretary of State every appointment made under this subsection.
(e) The powers conferred upon the Governor by this subsection shall be exercised by him in his discretion.
The Unofficial Members and Temporary Members of the Executive Council shall hold their seats in the Council during Her Majesty’s pleasure:
Provided that the seat of any such member shall become vacant–
(a) in the case of an Unofficial Member, if he ceases to be a Chairman of a Council Committee; or
(b) in the case of a Temporary Member, when he is informed by the Governor that the member on account of whose incapacity he was appointed is again able to discharge his functions or when the seat of that member in the Council becomes vacant, whichever shall be the earlier.
Any question whether a person has been validly appointed an Unofficial Member or a Temporary Member of the Executive Council shall be determined by the Governor, acting in his discretion.
The Executive Council shall not be summoned except with the authority of the Governor.
(2) No business except that of adjournment shall be transacted by the Executive Council if objection is taken by any member present that there are less than five members present (excluding any member presiding in the absence of the Governor).
(3) Subject to subsection (2) of this section, the Executive Council shall not be disqualified for the transaction of business by reason of any vacancy in the membership of the Council, and any proceedings in the Council shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings.
(4) The Attorney General of St. Helena, and any Temporary Member appointed under section 5(2) of this Constitution on account of the incapacity of the Attorney General, shall not vote in the Executive Council.
The Governor may summon any person to a meeting of the Executive Council notwithstanding that that person is not a member of the Council when, in the opinion of the Governor, the business before the Council renders the presence of that person desirable.
(1) The Governor shall, so far as is practicable, preside at meetings of the Executive Council.
(2) In the absence of the Governor there shall preside at any meeting of the Executive Council–
(a) such member of the Council as the Governor, acting in his discretion, may appoint;
(b) in the absence of a member so appointed, the senior Ex-officio Member present.
(3) For the purpose of subsection (2) of this section, the Ex-officio Members of the Executive Council shall have seniority in the order in which their offices are mentioned in section 5(1)(a) of this Constitution.
(1) Subject to the provisions of this section, the Governor shall consult the Executive Council in the formulation of policy and the exercise of all functions conferred upon him by this Constitution or any other law, and shall act in accordance with the advice given to him by the Council.
(2) The Governor shall not be obliged to consult nor act in accordance with the advice given to him by the Executive Council with respect to the following–
(a) when acting under instructions given to him by Her Majesty through a Secretary of State;
(b) any function conferred upon him by this Constitution or any other law which is expressed to be exercisable by him in his discretion or in his judgment or in accordance with the advice of, or after consultation with, any person or authority other than the Executive Council;
(c) any matter referred to in section 12(1)(a) of this Constitution;
(d) any matter in which, in his judgment, the service of Her Majesty would sustain material prejudice thereby;
(e) any matter concerning the exercise of the executive authority of the Dependencies;
(f) where the matter to be decided is, in his judgment, too unimportant to require the advice of the Council;
(g) where the matter to be decided is, in his judgment, too urgent to admit of the giving of the Council’s advice by the time within which it may be necessary for him to act:
Provided that, in every case falling within paragraph (g) of this subsection, the Governor shall as soon as practicable communicate to the Executive Council the measures which he shall have adopted, with the reasons therefor.
(3) In any case where the Governor is required by this section to consult the Executive Council, he may act otherwise than in accordance with the advice given to him by the Council if in his judgment it would be inexpedient in the interests of public order, public faith or good government to act in accordance with that advice:
Provided that–
(a) the Governor shall not under this subsection act contrary to the advice given to him by the Council without the prior approval of a Secretary of State, unless, in his judgment, the matter is of such urgency that it is necessary for him to act before obtaining such approval; and if he does so act he shall, as soon as practicable, report his action and the reasons therefor to a Secretary of State;
(b) whenever the Governor proposes under this subsection to act contrary to the advice given to him by the Council he shall inform the Council in writing of his reasons; and any member who wishes to do so may, within thirty days, submit his comments in writing to the Governor who shall forward them to a Secretary of State as soon as practicable.
(4) The Governor shall not be obliged to act in accordance with the advice given to him by the Executive Council in any case which, in his judgment, involves a matter for which he is responsible under section 12 of this Constitution.
(5) Where the Governor is by this Constitution or any other law directed to exercise any function after consultation with any person or authority other than the Executive Council he shall not be obliged to exercise that function in accordance with the advice of that person or authority.
(6) Where the Governor is by this Constitution or any other law directed to exercise any function in accordance with the advice of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be enquired into in any court.
(1) The Governor shall be responsible for the conduct (subject to the provisions of this Constitution and any other law) of any business of the Government of St. Helena, including the administration of any department of Government, with respect to the following matters–
(a) the appointment of any person to any public office, the suspension, termination of employment, dismissal, or retirement of any public officer or the taking of disciplinary action in respect of such an officer, the application to any public officer of the terms or conditions of employment of the public service (including salary scales, allowances, leave, passages or pensions) for which financial provision has been made;
(b) defence;
(c) external affairs;
(d) internal security, including the Police;
(e) the administration of justice;
(f) finance; and
(g) shipping.
(2) The Governor, acting in his discretion, may assign to any member of the Executive Council responsibility for the conduct on behalf of the Governor of any business in the Legislative Council with respect to any of the matters mentioned in subsection (1) of this section.
(3) Where the Governor, acting in his discretion, determines that the exercise of any function conferred upon any other person or authority (other than the Legislative Council) would involve or affect any matter mentioned in subsection (1) of this section, he may, acting in his discretion, give directions as to the exercise of that function, and the person or authority concerned shall exercise the function in accordance with those directions.
Before assuming the functions of his office a member of the Executive Council shall make before the Governor, or some other person authorised in that behalf by the Governor, an oath for the due execution of his office in the form set out in the Schedule to this Constitution.
(1) The Attorney General of St. Helena shall have power, in any case in which he considers it desirable so to do–
(a) to institute and undertake criminal proceedings against any person before any court in respect of any offence against any law in force in St. Helena and its Dependencies;
(b) to take over and continue any such criminal proceedings that have been instituted by any other person or authority; and
(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
(2) The powers of the Attorney General under subsection (1) of this section may be exercised by him in person or by officers subordinate to him acting under and in accordance with his general or special instructions.
(3) The powers conferred upon the Attorney General by subsection (1)(b) and (c) of this section shall be vested in him to the exclusion of any other person or authority:
Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.
(4) For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court or to Her Majesty in Council shall be deemed to be part of those proceedings.
(5) In the exercise of the powers conferred upon him by this section and section 20(3) of this Constitution the Attorney General shall not be subject to the direction or control of any other person or authority.
(1) There shall be a Legislative Council for St. Helena which shall consist of–
(a) the Speaker;
(b) three Ex-officio Members, that is to say, the persons for the time being discharging the functions of–
(i) the Chief Secretary of St. Helena;
(ii) the Financial Secretary of St. Helena; and
(iii) the Attorney General of St. Helena;
(c) twelve Elected Members, who shall be persons qualified for election in accordance with the provisions of this Constitution; and
(d) such Temporary Members as may be appointed under section 16(2) of this Constitution.
(2) The Elected Members of the Legislative Council shall be elected in the manner provided by any law in force in St. Helena.
(3) For the purpose of electing the Elected Members of the Legislative Council the Governor by regulations published in the Gazette shall provide for dividing St. Helena into electoral areas, and shall prescribe the names and boundaries of the electoral areas so established.
(1) The Governor may, by writing under his hand, declare that an Ex-officio Member of the Legislative Council is, by reason of absence or illness, temporarily unable to discharge his functions as a member of the Council, and thereupon that member shall not take part in the proceedings of the Council until he is declared in manner aforesaid to be again able to discharge those functions.
(2) If an Ex-officio Member of the Legislative Council is incapable of taking part in the proceedings of the Council by reason of a declaration made under subsection (1) of this section, the Governor may appoint to be a Temporary Member of the Council a person who holds a public office.
(3) The Governor shall forthwith report to Her Majesty through a Secretary of State any appointment made under this section.
(4) A person appointed under this section to be a Temporary Member of the Legislative Council–
(a) shall hold his seat in the Council during Her Majesty’s pleasure;
(b) shall vacate his seat in the Council when he is informed by the Governor that the member on account of whose incapacity he was appointed is again able to discharge his functions as a member of the Council, or when the vacancy has otherwise ceased to exist.
(5) The powers conferred upon the Governor by this section shall be exercised by him in his discretion.
(1) A person elected an Elected Member of the Legislative Council shall be a British citizen or British Dependent Territories citizen who has attained the age of twenty-one years and shall be a person who is registered as a voter, and no person shall be qualified to be so elected who–
(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
(b) subject to subsection (2) of this section, holds, or is acting in, any public office;
(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;
(d) is mentally ill within the meaning of any law in force in St. Helena;
(e) is under sentence of death imposed on him by a court of law in any country, or is under a sentence of imprisonment (by whatever name called) for a term of or exceeding twelve months, other than a sentence in lieu of a fine, but including a suspended sentence, imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court;
(f) is disqualified for membership of the Council under any law in force in St. Helena relating to offences connected with elections; or
(g) holds, or is acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any election or the compilation or revision of any electoral register.
(2) The Governor, acting in his discretion, may by notice published in the Gazette make provision for enabling any public officer or class of public officer not otherwise disqualified under subsection (1) of this section to be qualified to be elected as an Elected Member of the Legislative Council.
(3) For the purpose of subsection (1)(e) of this section, two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms.
The seat of an Elected Member of the Legislative Council shall become vacant–
(a) upon a dissolution of the Council;
(b) if for a consecutive period of six months he is absent from meetings of the Council without the prior written permission of the Speaker;
(c) if any circumstance arises that, if he were not a member of the Council, would cause him to be disqualified for election thereto by virtue of paragraph (a), (b), (c), (d), (f) or (g) of section 17(1) of this Constitution; or
(d) in the circumstances mentioned in section 19 of this Constitution.
(1) Subject to the provisions of this section, if an Elected Member of the Legislative Council is sentenced by a court of law in any country to death or to imprisonment (by whatever name called) for a term of or exceeding twelve months, he shall forthwith cease to discharge his functions as a member of the Council, and his seat in the Council shall become vacant at the expiration of a period of thirty days thereafter:
Provided that the Speaker may, at the request of the member, from time to time extend that period for thirty days to enable the member to pursue any appeal in respect of his conviction or sentence, save that extensions of time exceeding in the aggregate three hundred and thirty days shall not be granted without the approval of the Council signified by resolution.
(2) If at any time before the member vacates his seat he receives a free pardon or his conviction is set aside or his sentence is reduced to a term of imprisonment of less than twelve months or a punishment other than imprisonment is substituted, his seat in the Legislative Council shall not become vacant under this section, and he may again discharge his functions as a member of the Council.
(3) For the purpose of this section, two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms.
(1) Any question whether–
(a) a person has been validly appointed a Temporary Member of the Legislative Council; or
(b) a person has vacated his seat therein as such a member,shall be determined by the Governor, acting in his discretion.
(2) Any question whether–
(a) a person has been validly elected an Elected Member of the Legislative Council; or
(b) an Elected Member of the Legislative Council has vacated his seat therein or is required under section 19 of this Constitution to cease to discharge his functions as a member,
shall be determined by the Supreme Court in accordance with any law in force in St. Helena. The decision of the Supreme Court shall be final and not subject to any appeal.
(3) An application to the Supreme Court for the determination of any question under subsection (2) of this section may be made by the Attorney General or by any person who is a registered voter; and an application for the determination of any question under paragraph (b) of that subsection may also be made by any member of the Legislative Council.
Subject to the provisions of this Constitution, a law enacted under this Constitution may provide for the election of members of the Legislative Council, and in particular, and without prejudice to the generality of the foregoing power, may provide for–
(a) the qualifications and disqualifications of voters;
(b) the registration of voters;
(c) the ascertainment of the qualifications of candidates for election and of voters;
(d) the holding of elections; and
(e) the definition and trial of offences connected with elections and the imposition of penalties therefor, including disqualification for membership of the Legislative Council, or for registration as a voter, or for voting at elections, of any person concerned in any such offence.
(1) There shall be such number of Council Committees as the Governor may from time to time determine.
(2) A Council Committee shall consist of–
(a) such number of persons who are members of the Legislative Council as the Governor, acting after consultation with the Chairman of the Committee, may decide;
(b) such number, if any, of persons who are not members of the Legislative Council as the Governor, acting after consultation with the Chairman of the Committee, may decide:
Provided that at any one time the majority of the members of a Council Committee shall be persons who are members of the Legislative Council.
(3) There shall be a Chairman of each Council Committee who shall be a member of the Legislative Council.
(4) The Chairman and the other members of a Council Committee shall be appointed by the Governor, acting in accordance with the following provisions of this section, by notice in the Gazette.
(5) Subject to subsections (6) and (7) of this section, the Governor shall appoint as Chairman of a Council Committee such member of the Legislative Council as shall have been nominated for that office by the votes of a majority of the Elected Members of the Legislative Council:
Provided that if in the judgment of the Governor it would be in the public interest to appoint as Chairman of a Council Committee a member of the Legislative Council other than the nominee the Governor may appoint that other member.
(6) If, within such period as the Governor in his discretion considers reasonable, no person has been nominated in accordance with subsection (5) of this section for the office of Chairman of a Council Committee, the Governor shall, acting in his discretion, forthwith appoint a member of the Legislative Council as Chairman of that Committee.
(7) The Governor may, acting in his discretion, appoint an Ex-officio Member of the Legislative Council as Chairman of any Council Committee.
(8) The Governor shall appoint the members of a Council Committee other than the Chairman after consultation with the Chairman of that Committee.
(1) A Council Committee shall be appointed by the Governor for such general or special purposes as in his judgment would be most suitably regulated and managed by means of a committee.
(2) The Governor may, by directions in writing, charge any Council Committee with responsibility for any subject or department of Government, except for any matter referred to in paragraph (a), (b), (c), (d) or (e) of section 12(1) of this Constitution.
The Governor may by order make the rules of procedure of each Council Committee and may likewise determine the quorum and place of meeting of each Committee.
(1) The office of a member of a Council Committee shall become vacant–
(a) if his appointment is terminated by the Governor, acting in accordance with subsections (2) to (4) of this section, by notice in the Gazette;
(b) in the case of a person who was an Elected Member of the Legislative Council at the time of his appointment–
(i) if he ceases to be an Elected Member of the Legislative Council otherwise than by reason of a dissolution of the Council; or
(ii) at the first sitting of the Legislative Council after any dissolution of the Council; and
(c) in the case of a member who was not an Elected Member of the Legislative Council at the time of his appointment, if he is elected to be a member of the Council.
(2) The Governor shall terminate the appointment of a Chairman of a Council Committee appointed under section 22(5) of this Constitution if a motion that his appointment should be terminated receives in the Legislative Council the affirmative votes of a majority of the Elected Members of the Council.
(3) The Governor may, acting in his discretion, terminate the appointment of a Chairman of a Council Committee appointed under subsection (6) or (7) of section 22 of this Constitution.
(4) The Governor may terminate the appointment of a member of a Council Committee other than the Chairman after consultation with the Chairman of that Committee.
(1) The Governor may by order published in the Gazette declare that, subject to such limitations and conditions as may be specified in the order, any of the powers conferred or duties imposed on the Governor or on any authority, as the case may be, under the provisions of any local enactment, may be exercised or shall be performed by a Council Committee.
(2) Where, by virtue of a declaration made under subsection (1) of this section, any power may be exercised or any duty is to be performed by a Council Committee, then–
(a) the Governor or, as the case may be, the authority, shall not exercise such power or perform such duty; and
(b) in the exercise of such power or the performance of such duty, the Committee may rescind or vary anything previously done by the Governor or, as the case may be, by the authority, to the same extent as such thing could, but for paragraph (a) of this subsection, have been rescinded or varied by the Governor or, as the case may be, by the authority.
(3)
(a) The Governor may by a further order published in like manner revoke or vary any order made under subsection (1) of this section.
(b) Where, by reason that any such order has been so revoked or varied, any power or duty ceases to be exercisable or is no longer to be performed by a Council Committee, anything done by the Committee in the exercise or performance of such power or duty shall, if continuing to be of effect immediately before such revocation or variation, continue to have effect, but may be rescinded or varied by the Governor or, as the case may be, by the authority, as if it had been done by the Governor or by that authority.
(4) Any order made by the Governor under subsection (1) or (3) of this section may contain such modifications of or adaptations to the local enactment to which the order refers as appears to the Governor to be necessary, and accordingly any local enactment to which an order refers shall be read and construed subject to the provisions of that order.
(5) For the purposes of this section–
(a) “authority” means any statutory authority, board or committee;
(b) “local enactment” means any law enacted by the legislature of St. Helena, and includes any subsidiary instrument;
(c) “power” does not include power to make any subsidiary instrument;
(d) “subsidiary instrument” means any proclamation, order in council, order, rule, regulation or byelaw made under any law enacted by the legislature of St. Helena.
Subject to the provisions of this Constitution–
(a) the Governor, with the advice and consent of the Legislative Council, may make laws for the peace, order and good government of St. Helena;
(b) the Governor in his discretion may make laws for the peace, order and good government of Ascension and Tristan da Cunha, respectively.
Subject to the provisions of this Constitution, the Governor and the Legislative Council shall, in the transaction of business and the making of laws, conform as nearly as may be to the directions contained in any Instructions under Her Majesty’s Sign Manual and Signet which may from time to time be addressed to the Governor in that behalf.
Subject to the provisions of this Constitution and of any Instructions under Her Majesty’s Sign Manual and Signet, the Legislative Council may from time to time make, amend and revoke Standing Orders for the regulation and orderly conduct of its own proceedings and the despatch of business, and for the passing, intituling and numbering of Bills and for the presentation thereof to the Governor for assent; but no such Standing Orders or amendment or revocation thereof shall have effect unless they have been approved by the Governor.
(1) At sittings of the Legislative Council there shall preside–
(a) the Governor; or
(b) at any time when there is a person holding the office of Speaker, the Speaker; or
(c) in the absence of the Governor or, as the case may be, of the Speaker–
(i) such member of the Council as may be elected for that purpose by the Elected Members of the Council;
(ii) in the absence of a member so elected, the senior Ex-officio Member present.
(2) For the purpose of subsection (2) of this section, the Ex-officio Members of the Legislative Council shall have seniority in the order in which their offices are mentioned in section 15(1)(b) of this Constitution.
(3) The Speaker shall be elected by the votes of a majority of the Elected Members of the Legislative Council, but he need not be a member of the Council.
(4) A person shall vacate the office of Speaker–
(a) on dissolution of the Legislative Council;
(b) on any circumstance arising which, if he were an Elected Member of the Legislative Council, would cause him to vacate his seat;
(c) on becoming a member of the Executive Council or any Council Committee;
(d) on the passing, by the votes of a majority of the Elected Members of the Legislative Council, of a motion expressing no confidence in him as Speaker.
The Legislative Council shall not be disqualified for the transaction of business by reason of any vacancy in the membership thereof (including any vacancy not filled when the Council is first constituted or is reconstituted at any time) and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in the Council or otherwise took part in those proceedings.
If at any sitting of the Legislative Council a quorum is not present and any member of the Legislative Council who is present objects on that account to the transaction of business and, after such interval as may be prescribed in the Standing Orders of the Legislative Council, the person presiding at the sitting ascertains that a quorum is still not present, he shall adjourn the Legislative Council.
(2) For the purpose of this section a quorum shall consist of six members of the Legislative Council in addition to the person presiding.
(1) Save as otherwise provided in this Constitution, all questions proposed for decision in the Legislative Council shall be determined by a majority of votes of the members present and voting.
(2) The Speaker or other member presiding shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote.
(3) The Attorney General of St. Helena, and any Temporary Member appointed under section 16(2) of this Constitution on account of the incapacity of the Attorney General, shall not vote in the Legislative Council.
(1) If the Governor considers that it is expedient–
(a) in the interests of public order, public faith or good government (which expressions shall, without prejudice to their generality, include the responsibility of St. Helena as a territory within the Commonwealth and all matters pertaining to the creation or abolition of any public office or to the salary or other conditions of service of any public officer), or
(b) in order to secure detailed control of the finances of St. Helena during such time as, by virtue of the receipt of financial assistance by St. Helena from Her Majesty’s Exchequer in the United Kingdom for the purpose of balancing the annual budget or otherwise, such control rests with Her Majesty’s Government in the United Kingdom,
that any Bill introduced, or any motion proposed, in the Legislative Council should have effect, then, if the Legislative Council fail to pass the Bill or to carry the motion within such time and in such form as the Governor thinks reasonable and expedient, the Governor may, at any time that he thinks fit, and notwithstanding any provisions of this Constitution or of any other law in force in St. Helena or of any Standing Orders of the Council, declare that the Bill or motion shall have effect as if it had been passed or carried by the Council either in the form in which it was introduced or proposed or with such amendments as the Governor thinks fit which have been moved or proposed in the Council or any committee thereof; and the Bill or the motion shall be deemed thereupon to have been so passed or carried, and the provisions of this Constitution, and in particular the provisions relating to assent to Bills and disallowance of laws, shall have effect accordingly.
(2) The Governor shall forthwith report to a Secretary of State every case in which he makes any such declaration and the reasons therefor.
(3) If any member of the Legislative Council objects to any declaration made under this section, he may, within fourteen days of the making thereof, submit to the Governor a statement in writing of his reasons for so objecting, and a copy of the statement shall, if furnished by the member, be forwarded by the Governor as soon as practicable to a Secretary of State.
(4) Any declaration made under this section other than a declaration relating to a Bill may be revoked by a Secretary of State and the Governor shall forthwith cause notice of the revocation to be published in the Gazette; and from the date of such publication any motion that is deemed to have been carried by virtue of the declaration shall cease to have effect and section 16(1) of the Interpretation Act 1978 shall apply to the revocation as it applies to the repeal of an Act of Parliament.
(5) The powers conferred upon the Governor by subsection (1) of this section shall be exercised by him in his discretion.
(1) Subject to the provisions of this Constitution and of the Standing Orders of the Legislative Council, any member may introduce any Bill or propose any motion for debate in, or may present any petition to, the Council and the same shall be debated and disposed of according to the Standing Orders of the Council.
(2) Except on the recommendation of the Governor the Legislative Council shall not–
(a) proceed upon any Bill (including any amendment to a Bill) which, in the opinion of the person presiding in the Council, makes provision for imposing or increasing any tax, for imposing or increasing any charge on the revenues or other funds of St. Helena or for altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to St. Helena;
(b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding in the Council, is that provision would be made for any of the purposes aforesaid; or
(c) receive any petition which, in the opinion of the person presiding in the Council, requests that provision be made for any of the purposes aforesaid.
(1) A Bill shall not become a law until–
(a) the Governor has assented to it in Her Majesty’s name and on Her Majesty’s behalf and has signed it in token of his assent; or
(b) Her Majesty has given Her assent to it through a Secretary of State and the Governor has signified Her assent by proclamation published in the Gazette.
(2) When a Bill is presented to the Governor for his assent, he shall, subject to the provisions of this Constitution and of any Instructions addressed to him under Her Majesty’s Sign Manual and Signet or through a Secretary of State, declare that he assents, or refuses to assent, to it, or that he reserves the Bill for the signification of Her Majesty’s pleasure:
Provided that the Governor shall reserve for the signification of Her Majesty’s pleasure–
(a) any Bill which appears to him to be in any way repugnant to, or inconsistent with, the provisions of this Constitution; and
(b) any Bill which determines or regulates the privileges, immunities or powers of the Legislative Council or of its members,
unless he has been authorised by a Secretary of State to assent to it.
The St. Helena Constitution Order 1988 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-1988-1842
Contains public sector information licensed under the Open Government Licence v3.0.
本頁資料來源：legislation.gov.uk (The National Archives)·整理提供：法律人 LawPlayer· lawplayer.com