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INT VINCENT
GOVERNMENT GAZETTE
(EXTRAORDINARY.)
1ublidljei btn dntljority.
SAINT VINCENT, THURSDAY, 13 APRIL, 1967.
[No. 23.
GOVERNMENT NOTICE.
No. 65.
LEGISLATION.
The following Doeument is pulb'ished
Gazette:-
S.I. 1967 No. 587.-The Saiut Vinc-int
ment No. 3) Order, 1967.
with this issue of the
Constitution (Amend-
By Command,
0. E. LEIGERTWOOD,
Establish ment Officer.
GOVERNMENT OFFICE,
SAINT VINCENT,
13th April, 1967.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 30 cents. I
(
/ c,.*
VOL. 100.]
INSTRUMENTS
1967 No. 587
CARIBBEAN AND NORTH ATLANTIC TERRITORIES. ,
The Saint Vincent Constitution (Amendment No. 3) Order 1967
Made 12th Apriof'967
Laid before Parliament 12th April "1967
Coming into Operation 13th April 1967 -
At the Court at Windsor Castle, the 12th day of April J,967
Present, -
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of Her powers under sections
5 and 7 of the West Indies Act 1962 (a), 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 Saint Vincent Constitu- Citation,
tion (Amendment No. 3) Order 1967, and shall be included among construe-
the Orders that may be cited together as the Saint Vincent Constitu- tion and
tion Orders 1959 to 1967. inent.
(2) This Order shall be construed as one with the Saint Vincent
(Constitution) Order in Council 1959(b), as amended by the West
Indies (Dissolution and Interim Commissioner) Order in Council
1962(c), the Saint Vincent Constitution (Amendment) Order
1967(d) and the Saint Vincent Constitution (Amendment No. 2)
Order 1967(e), (hereinafter called "the principal Order").
(3) This Order shall come into operation on the 13th April,
1967.
(a) 1962 c. 19.
(b) S.I. 1959/2201 (1959 I, p. 479).
(c) S.I. 1962/11084 (1962 II, p. 1220).
(d) S.I. 1967/232.
(e) S.I. 1967/547.
"--,'7 / ^
STATUTORY
Dissolution 2.-(1) The Executive Council constituted at the commencement
of Execu- of this Order in accordance with the provisions of the principal Order
tive Coun- .
cil, suspen- Ls hereby dissolved.
tion of
provisions (2) Without prejudice to anything previously done thereunder
relating and until such day (being after the holding of the poll in the gen-
thereto,
and-tem- eral election of elected members of the Legislative Council next
porary following the commencement of this Order) as the Administrator
provisions may appoint by proclamation published in the Gazette-
relating
istrator's (a) the operation of sections 12 to 21 of the principal Order is
functions, suspended;
(b) thel operation of subsections (1) to (5) of Section 6 of the
principal Order and, to the extent that it requires the
Administrator in the exercise of any function to act in
accordance with the advice of, or after consultation with,
the Executive Council or any Minister, of any other pro-
vision of that Order or of any other law in force in Saint
Vincent is suspended; and
(c) any provision of any such law that confers any power or
imposes any duty upon any Minister shall be construed as
if it conferred that power or imposed that duty upon the
Administrator.
(3) Until the day appointed under the last foregoing subsection,
the Administrator shall exercise his functions after consultation
with the persons who, in his opinion, are the leaders of the political
parties which were represented in the Legislative Council last dis-
solved before the commencement of this Order:
Provided that-
(a) he shall not be obliged to consult with those persons-
(i) in the exercise of any function conferred upon him by
the principal Order which is expressed to be exercisable
by him in his discretion or in accordance with the advice
of, or after consultation with, any person or authority
other than the Executive Council or a Minister;
(ii) in the exercise of any function conferred upon him by
any other law in terms which authorise him to exercise
that function without obtaining the advice of the Execu-
tive Council or a Minister;
(iii) in the exercise of the powers conferred upon him by
the Emergency Powers Order in Council 1939, as from
time to time amended;
(iv) concerning any matter which, in his judgment, is a
matter relating to the maintenance of law and order in
Saint Vincent or to the judiciary or the public service;
(v) in any case in which, in his judgment, the urgency of
the matter requires him to act before those persons
can be consulted or the question for decision is too
unimportant to require such consultation;
(vi) in any case in which, in his judgment, it would not
be in the public interest to consult those persons; and
3. The following section shall be inserted in the principal Order Insertion
immediately after section 47 :-of section
"Bye-elec- 47A Whenever any person vacates his seat as an elected order of
tions. member of the Legislative Council for any reason other 1959.
than a dissolution of the Council or whenever the election
of any person as an elected member of the Council is
determined under section 48 to be invalid the Adminis-
trator, acting in his discretion, shall, unless the Council is
sooner dissolved, issue a writ for the election of a member
to fill the vacancy returnable within sixty days from the
vacation of the seat or the determination, as the case may
be."
4.-(1) Section 48 of the principal Order is amended by re- Amend-
numbering subsection (2) as subsection (7) and by substituting the ment of
following subsections for subsection (1) :- section 48
of princi-
"(1) The High Court shall have jurisdiction to hear and deter- pal Order.
mine any question whether-
(a) any person has been validly elected as a member of the
Legislative Council;
(b) any elected member of the Council has vacated his seat
therein or is required by virtue of section 29 (4) of this
Order to cease to perform his functions as a member; or
(c) any person has been validly elected as Speaker of the
Council from among persons who are not members of
the Council or, having been so elected, has vacated the
office of Speaker.
(2) An application to the High Court for the determination of-
(a) any question under paragraph (a) of the last foregoing
subsection may be made by any person entitled to
vote in the election to which the application relates
or by any person who was a candidate in that election
or by the principal law officer;
(b) any question under paragraph (b) of that subsection
may be made by any elected member of the Council or
by any person registered in some electoral district as
a voter in elections of elected members of the Legisla-
tive Council or by the principal law officer;
(c) any question under paragraph (c) of that subsection
may be made by any elected member of the Council or
by the principal law officer;
and if such an application is made by a person other than the
principal law officer, the principal law officer may intervene
and may then appear or be represented in the proceedings.
(3) The Administrator acting in his discretion may by regu-
lation make provision with respect to-
(a) the circumstances and manner in which and the imposi-
tion of conditions upon which any application may be
made to the High Court for the determination of any
question under this section;
(b) the powers and practice and procedure of the High
Court in relation to any such application; and
(c) the powers and practice and procedure of the Court of
Appeal in proceedings under the next following sub-
section.
(4) An appeal shall lie as of right to the Court of Appeal
from any final decision of the High Court determining
such a question as is referred to in subsection (1) of
this section.
(5) No appeal shall lie from any decision of the Court of
Appeal in exercise of the jurisdiction conferred by the
last foregoing subsection and no appeal shall lie from
any decision of the High Court in proceedings under this
section other than a final decision determining such a
question as is referred to in subsection (1) of this
section.
(6) In the exercise of his functions under this section the
principal law officer shall not be subject to the direction
or control of any other person or authority."
(2) Without prejudice to the generality of the provisions of
section 48(3) (as set out in subsection (1) of this section) the regu-
lations made thereunder may make provision for applying the
provisions of any law in force in Saint Vincent for the purposes of
the regulations with such adaptations, modifications and exceptions
as may be specified in the regulations.
(3) any proceedings brought under section 48 of the principal
Order and pending in the supreme court immediately before this
order comes into force may be continued and concluded as if that
section had not been amended by this Order.
5. The Administrator, acting in his discretion, may by regula- Modifica-
tion provide that any law relating to the election of persons as tion of
members of the Legislative Council (whether enacted before or electoralaw.
after the commencement of this order) shall have effect with such
adaptations, modifications or exceptions as may be specified in the
regulations; and the provisions of the principal Order shall have
effect subject to the provisions of this section.
6. Notwithstanding anything in section 64 (4) of the principal Amend-
Order, section 4 of the Finance and Audit Ordinance 1964 (a) shall, meant of
in so far as it relates to the issuing of sums from the public funds provisions
of Saint Vincent during the financial year ending on 31st December for issuing
of money
1967, be construed as if for the words "four months" there were in advance
substituted the words "six months" and as if for the words "one- of appro-
third" in paragraph (2) of the proviso there were substituted the priation.
words "one-half".
EXPLANATORY NOTE.
(This Note is not part of the Order)
The Order dissolves the Executive Council of Saint Vincent,
suspends the operation of the provisions of the Saint Vincent (Con-
stitution) Order in Council 1959 relating to the Executive Council
and Ministers until a day to be appointed by the Administrator and
makes provision relating to the Administrator's functions which
has effect until that day. It also amends the provisions of the
Order of 1959 relating to the determination of questions as to
membership of the Legislative Council and amends the provisions of
the Finance and Audit Ordinance of Saint Vincent so as to extend
by two months the period in the current financial year during which
public money may be issued in advance of appropriation.
(a) No. I of 1964.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 20 cents. 1
1967.
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