|
Special Supplement to the "Royat Gazette", Vol. 128, No. 57, dated 189h JA1#, 1 6
STATUTORY INSTRUMENTS
1959 No. 1044
JARIBBEAN AND NORTH ATLANTIC
TERRITORY IES
TRINIDAD AND TOBAGO
The Trinidad and Tobago (Constitution) (Amendment)
Order in Council, 1959
Made ... ... .. 5th June, 1959
Coming into Operation :
Sections 14 and 19 on a day to be appointed by the
Governor under section 24.
Remainder on a! day to be appointed by the
Governor under section 1 (3)
At the Court at Buckingham Palace, the 15th day of June, 1959.
Present,
The Queen's Most Excellent Majesty in Council
HIR MAJESTY, by virtue and in exercise of the powers vested in Her by
the Trinidad and Tobago Act, 1887(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 Trinidad and Tobago citation,
(Constitution) (Amendment) Order in Council, 1959, and shall be con- construction
strued as one with the Trinidad and Tobago (Constitution) Order in meceoment
Council, 1950(b), as amended by the Trinidad and Tobago (Constitution)
(Amendment) Order in Council, 1956(o), which Order, as so amended, is
hereinafter referred to as "the Principal Order",
(2) This Order, the Trinidad and Tobago (Constitution) Order in
Council, 1958(d), and the Principal Order may be cited together as the
Trinidad and Tobago (Constitution) Orders in Council, 1950 to 1959.
(3) This Order shall be published in the Gazette and, save as other-
wise expressly provided in this Order, shall come: into operation on a day to be
appointed by the Governor by Proclamation published in the Gazette (in this
Order referred to as "the date of the commencement of this Order").
2. Section 1 of the Principal Order is amended as follows.- Amendment
(a) In subsection (1) the definitions of "the Colony", "the Executive of thei
Council", "Parliamentary Secretary" and "the Public Service" Principal
are omitted, and the following definitions are inserted; in their Orde.
appropriate alphabetical order-
"the Cabinet" means the Cabinet established by this Order;
(a) 50 and 51 Vict. c. 44.
(b) S.I. 1950/510 (1950 II, p. 1156).
(c ,.1956/835 (1956 11, P.2393).
(d) S.I[. 1958/428.-Il
2 Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
"Elected Member" means an elected member of the Legislative
Council;
"Parliamentary Secretary" means a Parliamentary Secretary
appointed under section 18 of this Order;
"police officer" means any member of the Police Force;
"the public service" means-
(al) the service of the Crown in a civil capacity in
respect of the government of the Territory;
(b) service in the office of Judge of the Supreme
Court; and
(c) service as a teacher as defined in section 2 of the
School Teachers' Pensions Ordinance(a);
but does not include service on the personal staff of the Governor,
or as a member of any board, panel, committee or other similar
body (whether incorporated or not) established by any law of the
Territory for the time being in force;
"the Territory" means the Colony of Trinidad and Tobago;'
(b) for subsection (2) there is substituted the following subsection-
"(2) Any reference made in this Order to the holder of an
office by the term designating his office shall be construed as
including a reference to any person who is for the time being
performing the functions of that office."
(c) for paragraph (b) of subsection (4) there is substituted the
following paragraph-
"(b) For the purposes of this Order a person shall not be
considered to be a public officer or otherwise to hold an office
of emolument under the Crown by reason of the fact that he is
in receipt of a salary, or other emoluments in respect of his
tenure of the office of Speaker, Deputy Speaker, Premier, any
other Minister, Temporary Minister, Parliamentary Secretary,
Member of the Legislative Council, Member of the Public
Service Commission, the Judicial and Legal Service Commission,
or the Police Service Commission." ;
(d) immediately after subsection (4) there are inserted the following
subsections-
"(4A) Where by this Order the Governor is required to act
in accordance with the advice or recommendation of, or after
consultation with, any person or authority the question whether
he has in any matter so acted shall not be called in question in
any court.
(4B) For the avoidance of doubt it is hereby declared that any
person who has vacated any office established by this Order may,
if qualified, again be appointed to that office from time to time.
(4c) (al) Where by or under this Order a power is conferred on
the Governor to make any appointment to any public office,
a person may be appointed to that office notwithstanding that
some other person may be holding that office, when that other
person is on leave of absence pending relinquishment of the office.
(a) Laws of Trinidad and Tobago, 1950, Ch, 14. No. 5.
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959 :
(b) When two or more persons are holding the same office by
reason of an appointment made in pursuance of:this subsection, then
for the purposes of any function conferred upon the holder of that
office the person last appointed shall be deemed to be the sole holder
of the office.'
3. Sections 4 to 26 of the Principal Order are revoked and the following Revocation
sections are substituted therefore as Part II of the Principal Order :- and
replacement
of sections 4
to 26 of the
Principal
"PART II Order.
Cabinet
Cabinet. 4, (1) There shall be a Cabinet in and for the Territory which
shall, subject to section 11 of this Order, consist of nine Ministers,
who shall be Elected Members, and two ex-officio Members.
(2) Of the Ministers one, who shall be styled the Premier shall
be appointed in accordance with subsection (1) of section 6 of this
Order and the others shall be appointed in accordance with sub-
section (3) of that section.
(3) The ex-officio Members of the Cabinet shall be the Chief.
Secretary and the Attorney-General.
Functions of 5. (1) The Cabinet shall be the principal instrument of policy and
Cabinet and
exercise of shall perform such functions and duties, and exercise such powers, as
Governor's from time to time may be prescribed by or under this Order, any
power otherOrders of Her Majestyin Council, any Instructions under er
Majesty's Sign Manual and Signet or, subject to the provisions of
this Order or of such other Orders and Instructions as aforesaid, by
or under any other law in force in the Territory.
(2) The Governor shall, save as otherwise provided by any
Instructions under Her Majesty's Sign Manual and Signet-
(a) consult with the Cabinet in the exercise of all powers
conferred upon him by this Order other than powers
which he is by this Order directed or empowered to
exercise in his discretion or after consultation with or on
the advice or recommendation of any person or authority
other than the Cabinet; and
(b) act in accordance with the advice of:-
(i) the Cabinet in any matter on which he is by this
subsection obliged to consult with the Cabinet;
(ii) any person or authority other than the Cabinet in
exercise of any power which he is directed or
empowered by this Order to exercise on the advice
or recommendation of such person or authority.
Appointment 6. (1) Wherever there shall be occasion for the appointment of a
of Premier
and other, Premier, the Governor, acting in his discretion, shall by Instrument
Ministers. under the Public Seal appoint to be Premier-
(a) the Elected Member who is the leader in the Legislative
Council of the party which commands the support of the
majority of the Elected Members, or
C Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
(b) if it appears to him that such party does not have an
undisputed leader in the Legislative Council or that no
party commands the support of such a majority, the
Elected Member who in his judgment is most likely to
command the support of the majority of the Elected
Members,
and who is willing to accept the office of Premier.
(2) For the purposes of this section there shall be occasion for
the appointment of a Premier when, following a dissolution of the
Legislative Council, a general election has been held, or when the
appointment of the Premier has been revoked under subsection (4)
of section 7 of this Order, or when the office of Premier has become
vacant under paragraph (a) or paragraph (b) of subsection (1) or
subsection (3) of section 7 of this Order.
(3) Whenever the office of a Minister other than the Premier is
vacant the Governor shall, on the advice of the Premier, by
Instrument under the Public Seal, appoint to that office a person
who is an Elected Member.
Tenure of 7. (1) The Premier shall vacate his office-
oil" of
Premier. (a) if he ceases to be an Elected Member otherwise than by a
dissolution of the Legislative Council;
(b) if he resigns his office by writing under his hand addressed
to the Governor, upon receipt of such resignation by the
Governor; or
(c) if between the date of a dissolution of the Legislative
Council and the date of the first appointment of a Premier
thereafter any circumstances arise which, if he were an
Elected Member, would cause him to vacate his seat in
the Legislative Council.
(2) The Premier shall also be deemed to have vacated his office
immediately prior to the appointment by the Governor of a person
to be Premier under subsection (1) of section 6 of this Order,
following the holding of a general election.
(3) The Governor, acting in his discretion, may declare the
office of Premier vacant if the Premier is absent from the Territory
without having given the Governor prior notice of such absence; and
upon the Governor making a declaration under this subsection the
Premier shall vacate his office.
(4) Whenever it appears to the Governor that the Premier has
ceased to command the support of the majority of the Elected
Members the Governor may, in his discretion, by Instrument under
the Public Seal, revoke the appointment of the Premier and the
Premier shall unless he sooner vacates his office be deemed to have
vacated this office in pursuance of subsection (2) of this section:
Provided that before so revoking the Premier's appointment, the
Governor shall consult with the Premier and, if the Premier so
requests, the Governor, acting in his discretion, may dissolve the
Legislative Council instead of revoking the appointment.
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1989
Tenure of 8. (1) A Minister other than the Premier shall vacate his office-
office of
Minister (a) when the Governor appoints a person to be Premier
other than
the Premier. under subsection (1) of section 6 of this Order;
(b) if he ceases to be an Elected Member for any reason
other than the dissolution of the Legislative Council;
(c) if he resigns his office by writing under his hand
addressed to the Governor, upon receipt of such
resignation by the Governor; or
(d) if between the date of a dissolution of the Legislative
Council and the date of the first appointment of a
Premier thereafter any circumstances arise which, if he
were an Elected Member, would cause him to vacate
his seat in the Legislative Council.
(2) The Governor, acting on the advice of the Premier,
may declare the office of a Minister other than the Premier vacant
if the Minister is absent from the Territory without the permission
of the Governor, acting on the advice of the Premier; and upon
the Governor making a declaration under this subsection the
Minister shall vacate his office.
(3) The Premier may recommend to the Governor the
revocation of the appointment of any other Minister and upon
receiving such a recommendation the Governor shall, by Instru-
ment under the Public Seal, revoke the appointment of the
Minister to whom it relates and that Minister shall thereupon
vacate his office.
Leave of 9. (1) The Governor, acting in his discretion, may grant leave
absence for
Ministers of absence from his duties to the Premier.
and Parlia-
inentary (2) The Governor, acting on the recommendation of the
Secretaries. Premier, may grant leave of absence from his duties to any
Minister, other than the Premier, or to a Parliamentary Secretary.
Performance 10. (1) Whenever the office of Premier is vacant or the Premier
of functions
of Premier is ill or has been granted leave of absence from his duties by the
Governor, or is absent from the Territory, or is absent from
Trinidad but not from the Territory, the Governor may, by
Instrument under the Public Seal, appoint one of the other
Ministers to perform the functions conferred on the Premier by this
Order (other than the function conferred by subsection (3) of this
section) and any Minister so appointed may, during the sub-
sistence of his appointment, perform those functions.
(2) The Governor may, by Instrument under the Public
Seal, revoke any appointment made under this section.
(3) The powers conferred on the Governor by this section
shall be exercised by the Governor acting in his discretion-
(a) if the office of Premier is vacant; or
(b) if, in the opinion of the Governor, it is impracticable
to obtain the advice of the Premier owing to his illness
or absence,
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
and in any other case shall be exercised by the Governor on the
advice of the Premier.
Temporary 11 (1) Whenever the office of a Minister, other than the
Mss Premier, is vacant, or such a Minister is ill or has been granted
leave of absence from his duties by the Governor, or is absent
from the Territory, or is absent from Trinidad but not from the
Territory, the Governor may, by Instrument under the Public
Seal, appoint a Parliamentary Secretary to be temporarily a
member of the Cabinet.
(2) Members of the Cabinet appointed under this section
shall be styled Temporary Ministers.
(3) Sections 8, 9, 16 and 17 of this Order shall apply in
relation to a person appointed under this section to be a Temporary
Minister as they apply in relation to a Minister.
(4) Subject to section 8 of this Order as applied by sub-
section (3)L of this section, a person appointed under this section
to be a Temporary Minister shall hold office until he is notified
by the Governor that the circumstances which gave rise to his
appointment have ceased to exist.
(5) The powers conferred on the Governor by this section
S- shall be exercised by him acting on the recommendation of the
Premier.
Oath to be 12. Before entering upon the functions of his office every
taken by
Ministers, Minister, Temporary Minister or Parliamentary Secretary shall
&c. make and subscribe before the Governor, or some other person
authorised in that behalf by the Governor, an oath or affirmation
for the due execution of that office in the form set out in the
Second Schedule to this Order.
Governor 13. The Governor shall, for the due exercise of his functions,
infotion. be entitled to all papers which are available to the Cabinet and
S to any other information concerning the government of the
Territory which is so available.
Determi- 14. Any question whether any person is a Minister shall be
estionsas referred to, and determined by, the Governor, acting in his
to members discretion.
of Cabinet.
summoning 15. Meetings of the Cabinet shall be summoned by the
of Cabinet Premier
Provided that the Governor, acting in his discretion, may
summon a special meeting of the Cabinet whenever he thinks fit
and may attend and preside at such a meeting.
Proceedings 16, (1) Subject to the provisions of section 15 of this Order,
in Cabinet. there shall preside at any meeting of the Cabinet-
(a) the Premier; or
(b) in the absence of the Premier, such other Minister as
the Premier may appoint; or
(c) if no Minister so appointed is present, such other
Minister as the Ministers present may elect.
S.:...... : (2) No business shall be transacted at any meeting of thQ
Cabinet if there are less than five Ministers present.
.Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959 7
(3) Subject to the provisions of subsection (2) of this section
the Cabinet shall not be disqualified for the transaction of business
by reason of any vacancy in the membership of the Cabinet
(including any vacancy not filled when the Cabinet is first consti-
tuted or is reconstituted at any time) and the validity of the trans-
action of business in the Cabinet shall not be affected by reason
only of the fact that some person who was not entitled so to do
S took part in those proceedings.
Assignment 17. (1) The Governor, acting in his discretion, may by directions
of depart-
ments and in writing-
subjects. (a) charge any ex officio Member of the Cabinet with the
administration of any department or subject not being
the subject of finance;
(b) declare what other departments or subjects, not including
the subject of finance, may be assigned to a Minister;
and
(c) revoke or vary any directions given under this sub-
section.
(2) The subject of finance shall be assigned to a Minister.
(3) The Governor, on the advice of the Premier, may by
directions in writing-
(a) charge any Minister with the administration of the
subject of finance, and, during such time as it shall be
Declared, under paragraph (b) of subsection (1) of this
section, to be a department or subject which may be
assigned to a Minister, with the administration of any
other department or subject; and
(b) revoke or vary any directions given under this
subsection."
4. Section 26A of the Principal Order is revoked and the following sections Revocation
are inserted immediately after section 17 of the Principal Order as amended of s"tion
by this Order. Principal
Order, and
replacement
"Parliamentary Secretaries by new
Appointment 18. (1) Whenever a Premier has been appointed by the Governor sections.
and tenure
of ofce of under subsection (1) of section 6 of this Order the Premier may
Parlia- recommend to: the Governor for appointment from among the
mentary
Secretaries. Elected Members not more than four persons, not being Ministers
or the Speaker or the Deputy Speaker, to be Parliamentary
Secretaries, and upon receiving such a recommendation the
Governor shall, by Instrument under the Public Seal, appoint such
persons to be Parliamentary Secretaries. .
(2) A Parliamentary Secretary shall vacate his office-
(a) when the Governor appoints a person to be Premier
under subsection (1) of section 6 of this Order;
S ;(b) if he ceases to be an Elected Member for any reason
other than the dissolution of the Legislative Council;
(c) if he is appointed under subsection (3) of section 6 of
this Order to be a Minister;
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
(d) if he resigns his office by writing under his hand
addressed to the Governor, upon receipt of such resig-
nation by the Governor;
(e) if he is elected to be the Speaker or Deputy Speaker of
the Legislative Council; or
(f) if between the date of a dissolution of the Legislative
Council and the date of the first appointment of a
Premier thereafter any circumstances arise which, if he
were an Elected Member, would cause him to vacate
his seat in the Legislative Council.
(3) The Governor, acting on the advice of the Premier, may
declare the office of a Parliamentary Secretary vacant if he is
absent from the Territory without the permission of the Governor,
acting on the advice of the Premier; and upon the Governor making
a declaration under this subsection the Parliamentary Secretary
shall vacate his office.
(4) The Premier may recommend to the Governor the
revocation of the appointment of a Parliamentary Secretary and
upon receiving such a recommendation the Governor shall, by
Instrument under the Public Seal, revoke the appointment of the
Parliamentary Secretary to whom it relates and that Parliamentary
Secretary shall thereupon vacate his office.
(5) ,Whenever the office of a Parliamentary Secretary
becomes vacant under the provisions of this section, or there are
less than four Parliamentary Secretaries, the Premier may recom-
mend to the Governor the appointment from among the Elected
Members of a person not being a Minister, the Speaker or the
Deputy Speaker, either to fill the vacancy or to increase the number
of Parliamentary Secretaries to a number not exceeding four, as
the case may be, and upon receiving such a recommendation the
Governor shall, by Instrument under the Public Seal, appoint such
person to be a Parliamentary Secretary.
Functions 19. The Governor, on the advice of the Premier, may by
meniary directions in writing charge a Parliamentary Secretary with assisting
Secretaries. a Minister in the exercise of his Ministerial duties and may likewise
at any time revoke or vary any such directions.
S Decision of 20. Any question whether any person is a Parliamentary
whether a Secretary shall be referred to, and determined by, the Governor,
person is a acting in his discretion."
Parlia-
mentary
Secretary.
Replacement 5. There is substituted for section 32 of the Principal Order the following
f section 32 section-
of the
Principal.
Order. "Salaries of 32. There shall be paid to the Speaker and to the Deputy
paer d Speaker, respectively, such salary as may be prescribed by any law
Speaker. of the legislature of the Territory and such allowances as may be
prescribed by or under any such law:
Provided that the salary of the Speaker or of the Deputy Speaker
shall not be cdi.nii~shed during his continuance in office."
8
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
6. Section 33 of the Principal Order is amended by the substitution of the Amendment
of section 33
words "Chief Secretary" for the words "Colonial Secretary". of the
Principal
Order.
7. Subsection (1) of section 40 of the Principal Order is amended by the Amendment
insertion, immediately after the words "shall be referred to", of the words of section 40
and symbols, ", and determined by,". oPrincipal
8. The following section is substituted for section 41 of the Principal Order- Replacement
"Temporary 41. (1) Whenever there shall be a vacancy in the number of of the
Members. Principal
mbe persons sitting in the Legislative Council by reason of the fact that order.
a Nominated.Member is absent from the Territory or is declared by
the Governor, under section 39 of this Order, to be, by reason of
illness, temporarily incapable of discharging his functions as a
Member, the Governor may, in his discretion, by Instrument under
the Public Seal, appoint a person qualified for appointment as a
Nominated Member to be a Temporary Member of the Legislative
Council for the period of such vacancy.
(2) The Governor shall forthwith report to Her Majesty
through a Secretary of State every appointment made under this
section, and every person so appointed shall hold his appointment
during Her Majesty's pleasure.
(3) An appointment made under this section may be revoked
by the Governor, acting in his discretion, by Instrument under the
Public Seal.
(4) So long as his appointment shall subsist a person appointed
under subsection (1) of this section shall, for the purposes of this
Order, but subject to the provisions of this section, be deemed to
be a Nominated Member of the Legislative Council, and, subject as
aforesaid, the provisions of section 38 of this Order shall have effect
accordingly.
(5) An appointment made under this section shall cease to
have effect if the person appointed is notified by the Governor that
the circumstances which gave rise to his appointment have ceased
to exist."
9. Subsection (2) of section 44 of the Principal Order is revoked. Amendment
of section 44
of the
Principal
Order
10. Section 45 of the Principal Order is amended by the deletion of the Amendment
words "entitled to be". of section 45
of the
Principal
Order.
11. The following section is substituted for section 54 of the Principal Order-. Replacement
"Voting. 54. (1) All questions proposed for decision in the Legislative of section 54
9 of the
Council shall be determined by a majority of the votes of the Principal
Members present and voting. Order.
(2) (a) The Speaker, if an Elected Member, or
(b) any other member presiding in the absence of the
Speaker shall not have an original vote, but if upon
any question before the Legislative Council the
votes are equally divided such a person shall have
and exercise a casting vote.
9
Trinidad and Tobago (Constiluttion) (Amendment) Order in Council, 1959
(3) If the Speaker is not an Elected Member he shall not
have an original vote or a casting vote, and if upon any question
before the Legislative Council the votes are equally divided the
motion shall be declared lost".
Revocation 12. Section 56 of the Principal Order is revoked.
of section 56
of the
Principal
Order.
Amendment 13. For subsection (1) of section 62 of the Principal Order there is substituted
of section 62
of the the following subsection-
Principal
Order. "(1) The Governor, acting in his discretion, may at any time
prorogue or dissolve the Legislative Council by Proclamation published
in the Gazette:
Provided that if in the opinion of the Governor the Premier
commands the support of the majority of the Elected Members the
Governor shall, in the exercise of the powers conferred on him by this
subsection, act on the advice of the Premier."
Revocation 14. Sections 64 to 66G of the Principal Order are revoked and replaced as
and follows-
replacement
of sections 64
to 66G of the
Principal
Order,
"PART VI
The Judicature
judges of the 64. (1) The Chief Justice of the Supreme Court of the Territory
Supreme
Court. shall be a person qualified for appointment under subsection (3) of
this section and shall be appointed by the Governor, by Instrument
under the Public Seal, after consultation with the Premier.
(2) Judges of the Supreme Court other than the Chief
Justice (hereafter in this Part referred to as Puisne Judges) shall
be persons qualified as aforesaid and shall be appointed by the
Governor, by Instrument under the Public Seal, after consultation
with the Judicial and Legal Service Commission.
(3) The qualifications for appointment as a Judge of the
Supreme Court shall be such as may be prescribed by any law for
the time being in force in the Territory:
Provided that a person who has been appointed as a Judge of
the Supreme Court may continue in office notwithstanding any
subsequent variation in the qualifications so prescribed.
Tenure of 64A. (1) Subject to the following provisions of this section, the
office of
Judges. Chief Justice and each Puisne Judge shall hold office until he attains
the age of sixty-two years:
Provided that the Governor may permit the Chief Justice or a
Puisne Judge who has attained that age to continue in office for
the purpose of giving judgment or otherwise in relation to any
proceeding heard by him before he attained that age.
I I
10
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
(2) A Judge of the Supreme Court may resign his office
by writing under his hand addressed to the Governor.
(3) A Judge of the Supreme Court may be removed from
office only for inability to discharge the functions of his office
(whether arising from infirmity of body or mind or any other
cause) or for misbehaviour, and shall not be removed except in
accordance with the provisions of the next following subsection.
(4) A Judge of the Supreme Court shall be removed from
office by the Governor by order under the Public Seal if the
question of the removal of that Judge from office has, at the request
of the Governor, made in pursuance of the next following sub-
section, been referred by Her Majesty to the Judicial Committee
of Her Majesty's Privy Council under section 4 of the Judicial
Committee Act, 1833 (a), or any other enactment enabling
Her Majesty in that behalf, and the Judicial Committee has
advised Her Majesty that the Judge ought to be removed from
office for inability as aforesaid or misbehaviour.
(5) If the Governor considers that the question of
removing a Judge of the Supreme Court from office for inability
as aforesaid or misbehaviour ought to be investigated, then-
(a) the Governor shall appoint a tribunal, which shall
consist of a Chairman and not less than two other
members, selected by the Governor from among persons
who hold or have held office as a Judge of a Court
having unlimited jurisdiction in civil and criminal
matters in some part of Her Majesty's dominions or a
court having jurisdiction in appeals from any such
court;
(b) the tribunal shall enquire into the matter and report
on the facts thereof to the Governor and recommend
to the Governor whether he should request that the
question of the removal of that Judge should be referred
by Her Majesty to the Judicial Committee; and
(c) if the tribunal so recommends the Governor shall
request that the question should be referred accordingly.
(6) The provisions of sections 6 and 8, section 9 (other
than the words "not inconsistent with their commission" and
"subject only to the terms of their commission"), sections 10 to 14
inclusive and section 16 of the Commissions of Enquiry Ordi-
nance (b), as in force on the 15th day of June, 1959, shall apply
in relation to a tribunal appointed under the last foregoing sub-
section as they apply in relation to commissioners appointed under
that Ordinance, and for that purpose those provisions shall have
effect as if they formed part of this Order.
(7) If the question of removing a Judge of the Supreme
Court from office has been referred to a tribunal under sub-
section (5) of this section the Governor may suspend the Judge
from performing the functions of his office, and any such suspension
(a) 3 & 4 Will. 4. c. 41.
(b) Laws of Trinidad and Tobago, 1950, Ch. 7. No. 2.
11
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
may at any time be revoked by the Governor, and shall in any
case cease to have effect-
(a) if the tribunal recommends to the Governor that he
should not request that the question of the removal of
the Judge from office should be referred by Her Majesty
to the Judicial Committee; or
(b) if the Judicial Committee advise Her Majesty that the
Judge ought not to be removed from office.
(8) The powers conferred upon the Governor by this
section shall be exercised by him in his discretion.
Acting Chief 64B. If the office of Chief Justice is vacant or if the Chief Justice
is for any reason unable to perform the functions of his office then,
until some other person has been appointed to, or has been
appointed to act in, and has assumed the functions of, that office,
or until the Chief Justice has resumed those functions, as the case
may be, those functions shall be performed by such one of the
Puisne Judges as the Governor may, after consultation with the
Premier, appoint for that purpose.
Temporary 64c. (1) If the office of a Puisne Judge is vacant, or if any
Judges. such Judge is appointed to act as Chief Justice, or is for any
reason unable to perform the functions of his office the Governor,
after consultation with the Chief Justice, may appoint a person
qualified under subsection (3) of section 64 of this Order for
appointment as a Judge of the Supreme Court to be temporarily
a Judge of the Supreme Court
Provided that a person may be so appointed notwithstanding
that he has attained the age of sixty-two years.
(2) Any person appointed under this section to be
temporarily a Judge of the Supreme Court shall hold office until
his appointment is revoked by the Governor, acting after consulta-
tion with the Chief Justice
Provided that any such person may at any time resign his office
by writing under his hand addressed to the Governor.
Salaries of 64D. There shall be charged on the revenues of the Territory
Judges. and shall be paid out therefrom upon warrant under the hand of
the Governor to the Chief Justice, to the Acting Chief Justice, if
any, to any Puisne Judge and to any person appointed temporarily
a Judge of the Supreme Court such salaries as may be respectively
prescribed by any law in force in the Territory and such allowances
as may be prescribed by or under any such law:
Provided that the salary of any such Judge shall not be reduced
during his continuance in office.
oaihs to be 64E. Before entering upon the functions of his office, every Judge
jkugesb of the Supreme Court shall make and subscribe before the Governor,
or some other person authorized in that behalf by the Governor,
oaths or affirmations of allegiance and for the due execution of
his office in the form set out in the Second Schedule to this Order.
12
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
PART VIA
The Public Services
InterpreO 65. In this Part of this Order-
tation.
(a) references to offices in the public service do not include
the following offices, that is to say;--
(i) the office of Judge of the Supreme Court; or
(ii) any office the remuneration of the holder of
which is calculated on a rate less than a
monthly rate;
(b) references to public officers do not include references to
Judges of the Supreme Court.
Public 65A. (1) There shall be in and for the Territory a Public Service
Service
commission. Commission.
(2) The members of the Commission shall be a Chairman,
who shall perform full-time duties, a deputy Chairman, and not
less than two nor more than four other persons who shall be
appointed by the Governor, after consultation with the Premier,
by Instrument under the Public Seal.
(3) There shall be charged on the revenues of the Territory
and shall be paid out therefrom upon Warrant under the hand of
the Governor to members of the Commission such salaries as may
be prescribed by any law in force in the Territory and such allow-
ances as may be prescribed by or under any such law:
Provided that the salary of any member of the Commission and
his conditions of service other than allowances shall not be altered
to his disadvantage during his continuance in office.
(4) A person shall not be qualified for appointment as a
member of the Commission if he is a member of the Legislative
Council or holds or is acting in any public office but he may be a
member of the Judicial and Legal Service Commission or the Police
Service Commission.
(5) (a) A member of the Commission shall be appointed
for a term of five years or, if the Governor after consultation with
the Premier in a particular case so determines, for such shorter
term as he may so determine.
(b) The office of a member of the Commission shall in
any case become vacant-
(i) if he resigns his office by writing under his hand
addressed to the Governor;
(ii) if any circumstances arise that, if he were not a member
of the Commission, would cause him to be disqualified
for appointment as such; or
(iii) if the Governor, after consultation with the Premier,
directs that he shall be removed from office for inability
to discharge the functions of his office arising from
infirmity of mind or body or for misbehaviour.
13
1Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
(6) The Governor, acting in his discretion, may grant leave
of absence from his duties to any member of the Commission.
(7) Whenever a member of the Commission has been
granted leave from his duties by the Governor or is ill, the
Governor, after consultation with the Premier, may appoint a
person to be a temporary member of the Commission for the
period of such leave, or until the person appointed is notified by
the Governor that the person on account of whose illness he was
appointed is no longer ill; and, subject to the foregoing provisions
of this subsection, the provisions of subsections (3), (4) and (5) (b)
of this section shall apply in relation to such a temporary member
as they apply in relation to any other member of the Commission.
(8) A person who has been appointed under subsection (2)
of this section to be a member of the Commission shall not for a
period of five years after ceasing to be a member of the Commission
be eligible for appointment to any other office in the public service
other than the office of member of the Judicial and Legal Service
Commission or the Police Service Commission.
Appointment 65B. (1) Subject to the provisions of this Order, power to make
the "blic appointments (including appointments on promotion and transfer)
service. to offices in the public service and to dismiss and to exercise
disciplinary control over persons holding or acting in such offices
shall vest in the Governor acting on the recommendation of the
Public Service Commission:
Provided that-
(a) in the exercise of the power of dismissal and disciplinary
control over persons holding or acting in offices in the
public service the Governor shall act after consultation
with the Public Service Commission; and
(b) before appointing any person on the recommendation of
the Commission-
(i) to the office of Permanent Secretary, or
(ii) to such other offices as may from time to time
be designated by the Governor in writing after
consultation with the Premier,
the Governor shall consult with the Premier and shall,
if the Premier so requests, refer the recommendation
back to the Commission once for reconsideration.
(2) In this section the expression "transfer" does not
.... include transfer without change of rank within a department of
government.
Special 65c. (1) Power to make appointments (including appointments
ments, on promotion and transfer) to the offices of Chief Secretary,
Attorney-General and Governor's Secretary and to dismiss and
exercise disciplinary control over persons holding or acting in such
... offices shall vest in the Governor, acting after consultation with the
Premier and the Chairman of the Public Service Commission:
14
Trinidad and Tobago (Constitution) (Amendment) Order in Council,' 1959
Provided that in the exercise of the power of dismissal and
disciplinary control over persons holding or acting in such offices
the Governor shall act in his discretion.
(2) The Governor, after consultation with the Premier, may
by Order published in the Gazette-
(a) prescribe certain offices in the public service to be
special posts; and
(b) vary or revoke any Order so published under this sub-
section.
(3) Power to make appointments (including appointments
on promotion and transfer) to such offices as may for the
time being be prescribed as special posts under the preceding,sub-
section and to dismiss and exercise disciplinary control over persons
holding or acting in such offices shall vest in the Governor, acting
after consultation with the Premier and the Chairman of the Public
Service Commission:
Provided that in the exercise of the power of dismissal and
disciplinary control over persons holding or acting in such offices the
Governor shall act in his discretion.
The Director 65D. (1) The Director of Audit shall be appointed by the
of Audit. Governor after consultation with the Director-General of the Over-
seas Audit Service.
(2) The Director of Audit may be removed from office
only for inability to discharge the functions of his office arising from
infirmity of body or mind or for misbehaviour and shall not be so
removed except in accordance with the provisions of subsection (3)
of this section.
(3) The Director of Audit may be removed from office by
the Governor by Order under the Public Seal if the Governor, after
consultation with ,the Director-General of the Overseas Audit
S: Service, is satisfied that he ought to be removed from office for
inability as aforesaid or misbehaviour.
(4) There shall be paid to the Director of Audit such salary
as may be prescribed by any law of the legislature of the Territory
S and such allowances as may be prescribed by or under any such
Slaw .:
S... Provided that the salary of the Director and his conditions
S of service other than allowances shall not be altered to his dis-
S advantage during his continuance in office.
Personal 65E. (1) The legislature of the Territory may from time to time,
staff of the
Govereor.. by law enacted under this Order, prescribe the offices that are to
constitute the personal staff of the Governor.
S(2) Subject to the provisions of the next following subsection
Sthe power to make appointments (including appointments on
promotion and transfer) to the offices for the time being prescribed
under subsection (1) of this section as being offices constituting the
Personal staff of the Governor, and to dismiss and to exercise
S'. disciplinary control over persons holding or acting in such offices,
shall vest in the Governor acting in his discretion.
1M
M1 Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
(3) The Governor, acting in his discretion, may appoint to
any one of the offices prescribed under subsection (1) of this section
such public officers as he may select from a list submitted by the
Public Service Commission, but-
(a) the provisions of the last preceding subsection shall
apply in relation to any officer so appointed as respects
his service on the personal staff of the Governor but
not as respects his service as a public officer;
(b) an officer so appointed shall not, during his continuance
on the personal staff of the Governor, perform the
functions of any public office; and
(c) an officer so appointed may at any time be appointed by
the Governor, if the Public Service Commission so
requests, to assume or resume the functions of a public
office and shall thereupon vacate his office on the
personal staff of the Governor but the Governor may,
in his discretion, decline to release the officer for that
appointment.
(4) All offices prescribed under subsection (1) of this section
as offices that are to constitute the personal staff of the Governor shall
for the purposes of! Part IV and sections 65A and 66B of this Order
be deemed to be public offices.
Judicial and 66. (1) There shall be in and for the Territory a Judicial and
comminion. Legal Service Commission.
(2) The Members of the Commission shall be-.
(a) The Chief Justice who shall be Chairman of the Com-
mission;
(b) the Attorney-General;
(c) the senior Puisne Judge;
(d) the Chairman of the Public Service Commission; and
(e) one other member appointed under subsection (3) of
this section.
(3) The Governor, after consultation with the Chief Justice,
may by Instrument under the Public Seal appoint to be a member
of the Commission a person who is not a member of the Legislative
Council but who is or has been a judge of a court having unlimited
jurisdiction in civil and criminal matters in some part of Her
Majesty's dominions or a court having jurisdiction in appeals from
any such court.
(4) There shall be charged on the revenues of the Territory
and shall be paid out therefrom upon warrant under the hand of the
Governor to the member appointed under subsection (3) of this
section such salary as may be prescribed by any law in force in the
Territory and such allowances as may be prescribed by or under
any such law :
Provided that the salary of any such member and his conditions
of service other than allowances shall not be altered to his
disadvantage during his continuance in office.
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
(5) (al) A member of the Commission appointed under
subsection (3) of this section shall be appointed for a term of
three years or, if the Governor after consultation with the Chief
Justice in a particular case so determines, for such shorter term
as he may so determine.
(b) The office of a member of the Commission appointed
under subsection (3) of this section shall in any case become
vacant-
(i) if he resigns his office by writing under his hand
addressed to the Governor;
(ii) if he becomes a member of the Legislative Council;
(iii) if the Governor, after consultation with the Chief
Justice, directs that he shall be removed from office
for inability to discharge the functions of his office
arising from infirmity of mind or body or for mis-
behaviour.
(6) The Governor, acting in his discretion, may grant leave
of absence from his duties to any member of the Commission.
(7) Whenever the member of the Commission appointed
under subsection (3) of this section has been granted leave from
his duties by the Governor or is ill, the Governor, after consultation
with the Chief Justice, may appoint a person to be a temporary
member of the Commission for the period of such leave, or until
the person appointed is notified by the Governor that the person
on account of whose illness he was appointed is no longer ill; and,
subject to the foregoing provisions of this subsection, the provisions
of subsections (3), (4) and(5) (b) of this section shall apply in
relation to such a temporary member as they apply in relation to
the member of the Commission appointed under the said sub-
section (3).
(8) In subsection (2) of this section the expression "the
senior Puisne Judge" means the person who is senior according
to the date of his substantive appointment by the Governor as, a
Puisne Judge in the Territory, and where two persons have been
so appointed on the same day the senior Puisne Judge means the
person who is senior according to age.
pofoficer 66A. (1) Power to make appointments (including appointments
the Judicial on promotion and transfer) to the offices to which this section
ndvie.al applies and to dismiss and to exercise disciplinary control over
persons holding or acting in such offices shall vest in the Governor
acting on the recommendation of the Judicial and Legal Service
Commission :
Provided that in the exercise of the power of dismissal and
disciplinary control over persons holding or acting in such offices
the Governor shall act after consultation with the Judicial and
Legal Service Commission.
(2) This section applies to such offices in the public service,
for appointment to which persons are required to possess legal
qualifications, as may, subject to the provisions of this Order, be
prescribed by any law in force in the Territory.
17
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
Police 66B. (1) There shall be in and for the Territory a Police Service
Service
Commission. Commission.
(2) The members of the Commission shall be-
(a) a Chairman, appointed by the Governor, acting in his
discretion, who shall be either the Chairman or the
deputy Chairman of the Public Service Commission;
and
(b) four other persons, who shall be appointed by the
Governor, after consultation with the Premier and the
Chief Justice, by Instrument under the Public Seal.
(3) There shall be charged on the revenues of the Territory
and shall be paid out therefrom upon warrant under the hand of
the Governor to the members of the Commission such salaries as
may be prescribed by any law in force in the Territory and such
allowances as may be prescribed by or under any such law
Provided that the salary of any member of the Commission and
his conditions of service other than allowances shall not be altered
to his disadvantage during his continuance in office.
(4) A person shall not be qualified for appointment as a
member of the Commission if he is a member of the Legislative
Council or holds or isi acting in any public office but he may be a
member of the Public Service Commission or the Judicial and
Legal Service Commission.
(5) (a) A member of the Commission shall be appointed
for a term of five years, or, if the Governor after consultation
with the Premier and the Chief Justice in a particular case so
determines, for such shorter term as he may so determine.
(b) The office of a member of the Commission shall in
any case become vacant-
(i) if he resigns his office by writing under his hand addressed
to the Governor; or
(ii) if any circumstances arise that, if he were not a member
of the Commission, would cause him to be disqualified
for appointment as such.
(6) A member of the Commission may be removed from
office for inability to discharge the functions of his office arising
from infirmity of mind or body or for misbehaviour if the Governor,
after consultation with the Premier and the Chief Justice, so directs.
(7) The Governor, acting in his discretion, may grant leave
of absence from his duties to any member of the Commission.
(8) Whenever a member of the Commission has been
granted leave from his duties by the Governor or is ill, the Governor,
after consultation with the Premier and the Chief Justice, may
appoint a person to be a temporary member of the Commission for
the period of such leave, or until the person appointed is notified
by the Governor that the person on account of whose illness he was
18
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
appointed is no longer ill; and, subject to the foregoing provisions
of this subsection, the provisions of subsections (3), (4) and
(5) (b) of this section shall apply in relation to such a temporary
member as they apply in relation to any other member of the
Commission.
(9) A person who has been appointed under subsection (2)
of this section shall not for a period of five years after ceasing to
be a member of the Commission be eligible for appointment to
any other office in the public service other than the office of
member of the Public Service Commission or the Judicial and
Legal Service Commission.
Appoint- 66c. (1) Subject to the provisions of this Order, power to
ments, &c.
of members appoint (including power to appoint on transfer) police officers
of Police to whom this section applies and to dismiss and to exercise
disciplinary control over persons holding or acting in the offices
of such police officers shall vest in the Governor acting on the
recommendation of the Police Service Commission
Provided that in the exercise of the power of dismissal and
disciplinary control over police officers to whom this section applies
the Governor shall act after consultation with the Police Service
Commission.
(2) This section applies to all police officers except-
(a) the Commissioner of Police and the Deputy Commis-
sioner of Police, and
(b) so long as and to the extent that the power to appoint
and to exercise disciplinary control over the officers
below mentioned is vested in the Commissioner of
Police under the powers conferred on him by the
Police Ordinance (a),
(i) in matters of appointment, officers below the
rank of Inspector,
(ii) in matters of disciplinary control, officers
below the rank of Assistant Superintendent
on probation.
(3) The Governor, acting in his discretion, may by
regulations made under this Order revoke or vary the provisions
of paragraph (b) of subsection (2) of this section and section 66E
of this Order in so far as those provisions relate to the appointment
of police officers below the rank of Inspector.
(4) A person to whom paragraph (b) of subsection (2)
of this section for the time being applies shall be deemed not to
hold an office in the public service for the purposes of section 65B
of this Order.
(5) The Governor shall act on the recommendation of the
Police Service Commission in cases of appeals made to him by
officers to whom sub-paragraph (ii) of paragraph (b) of sub-
section (2) of this section applies against the decision of the
Commissioner of Police in matters of disciplinary control, in so far
as the Police Ordinance confers a right of appeal to the Governor
from a decision of the Commissioner of Police in such matters.
(a) Laws of Trinidad and Tobago, 1950, Ch. 11. No. 1.
19
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
(6) The Commission shall permit the Commissioner of
Police to express his views in its presence on any matter that is
before the Commission for their consideration except when the
matter for consideration is an appeal from a decision of the
Commissioner of Police.
(7) In this section-
(a) the expression "power to appoint" includes power to
appoint on promotion, and "appointment" shall be
construed accordingly;
(b) the expression "transfer" includes transfer to the
Police Force from a department of Government.
Appointment 66D. Power to appoint (including power to appoint on promotion
of Com-
missioner and transfer) the Commissioner of Police and Deputy Commis-
and Deputy sioner of Police and to dismiss and to exercise disciplinary control
Commis-
sinner of over such officers shall vest in the Governor after consultation with
Police. the Police Service Commission.
Police s 66E. (1) There shall be within the Police Force such number
Promotions
Boards. of Police Promotions Boards as may be prescribed.
(2) Every such Board shall consist of such number of
police officers above the rank of Inspector, appointed in such
manner, as may be prescribed.
(3) The Commissioner of Police may refer to a Police
Promotions Board any question relating to the promotion of
members of the Police Force below the rank of Inspector as may
be prescribed.
(4) It shall be the duty of a Police Promotions Board to
advise the Commissioner of Police on any question which he shall
refer to them in accordance with the provisions of this section
but the Commissioner shall not be required to act in accordance
with the advice given to him by such Board.
(5) In this section "prescribed" means prescribed by
regulations made under subsection (2) of section 66G of this
Order.
Right of 66F. Nothing in this Part of the Order shall affect, or be
Commis-
sioner of construed as affecting, the right of the Commissioner of Police to
Police fo tender his own advice to the Governor on any question.
advise the
Governor
unaffected.
General 66G. (1) A Commission to which this section applies may act
provisions
relating to notwithstanding a vacancy in its membership; and no proceedings
Commis- of such a Commission shall be invalidated by reason only that
sions.
some person not entitled thereto has taken part in them.
(2) Subject to the provisions of this Order, the Governor
after consultation with a Commission to which this section applies
may make regulations for giving effect to the appropriate provisions
of this Part of this Order relating to that Commission, and in
20
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
particular and without prejudice to the generality of the foregoing
power, may by such regulations provide for any of the following
matters, that is to say:--
(a) the organisation of the work of the Commission, and the
manner in which the Commission shall perform its
functions;
(b) consultation by the Commission with persons other than
members of the Commission;
(c) the delegation to any member of the Commission of any
of the functions of the Commission;
(d) the appointment, tenure of office and terms of service of
staff to assist the Commission in the performance of its
functions;
(e) the protection and privileges of members of the Com-
mission in respect of the performance of their duties and
the privilege of communications to and from the Com-
mission and its members in case of legal proceedings;
(f) the definition and trial of offences connected with the
functions of the Commission and the imposition of
penalties for such offences:
Provided that no such penalty shall exceed a fine of
five hundred dollars and imprisonment for a term of
one year;
(g)! the requirement to publish an annual report on the
exercise of the functions of the Commission and the form
in which such report shall be prepared;
(h) requiring persons to attend before the Commission to
answer questions relating to any enquiry held by the
Commission or to any business or duties of the
Commission;
(i) anything authorised or required to be prescribed under
section 66E of this Order.
(3) References in this section to a Commission to which this
section applies are references to the Public Service Commission, the
Judicial and Legal Service Commission or the Police Service
Commission, as the case may be, established under this Part of this
Order."
15. For subsection (2) of section 71 of the Principal Order there is Amendment
substituted the following subsection- stion 71
"(2) Her Majesty reserves to Herself, Her Heirs and Successors power, Pcalde
with the advice of Her or Their Privy Council, to make laws from time to
time for the peace, order and good government of the Territory".
16. For the Second Schedule to the Principal Order there is substituted the Replacement
following Schedule- he Secondo
the Principal
Sections 12, "SECOND SCHEDULE Oider
59 and 64E. 1. Oath of Allegiance
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 .......
21
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
2. Affirmation of Allegiance
I ...................................... do solemnly and sincerely affirm
and declare that I will be faithful to Her Majesty Queen Elizabeth
the Second, Her Heirs and Successors, according to law.
3. Oath for due execution of office
I ........... .......... .............. do swear that I will well and truly
serve Her Majesty Queen Elizabeth the Second in the office of
(here insert description of the office). So help me God.
4. Affirmation for due execution of office
I ......................do solemnly and sincerely affirm and declare
that I will well and truly serve Her Majesty Queen Elizabeth the
Second in the office of (here insert the description of the office)."
Pensions
Applicability 17. (1) Subject to the provisions of section 19 of this Order, the law
of pensions
laws." applicable to the grant and payment to any officer, or to his widow, children,
dependants or personal representatives of any pension, gratuity or other like
allowance (in this section and in sections 18 and 19 of this Order referred to
as an "award") in respect of the service of that officer in a public office, shall
be that in force on the relevant day or any later law not less favourable to
the person concerned.
(2) For the purposes of this section the relevant day is-
(a) in relation to an award granted before the date of the commence-
ment of this Order, the day on which the award was made;
(b) in relation to an award granted or to be granted on or after the date
of the commencement of this Order, to or in respect of a person
who was a public officer before that day, the day immediately
before that day;
(c) in relation to an award granted or to be granted in respect of a
person who first becomes a public officer on or after the date of the
commencement of this Order, the date on which he becomes a
public officer.
(3) For the purposes of this section, in so far as the law applicable
to an award depends on the option of the person to or in respect of whom it is
granted or to be granted, the law for which he opts shall be taken to be more
favourable to him than any other law for which he might have opted.
Pensions &c., 18. Awards granted under any law for the time being in force in the
to be charged Territory in respect of the public service shall be charged on and paid out of
on the
revenues of the revenues of the Territory.
the Territory.
Grant and 19. (1) The power to grant any award under any pensions law for the time
Pensions being in force in the Territory (other than an award to which, under that law,
&c., by the person to whom it is payable is entitled as of right) and, in accordance
governor. with any provisions in that behalf contained in any such law~ to withhold,
reduce in amount or suspend any award payable under any such law is hereby
vested iri the Governor.
(2) The power vested in the Governor by the last preceding subsection
shall be exercised by him-
22
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
(a;) in the case of an award payable to a person who, immediately
before the date on which he ceased to hold public office, was
serving-
(i) as a Judge of the Supreme Court;
(ii) in any office to which subsection (1) of section 65c of the
Principal Order applies;
(iii) in any office to which subsection (3) of section 65c of the
Principal Order applied on the date aforesaid;
(iv) as Director of Audit;
(v) as Commissioner of Police or Deputy Commissioner of
Police; or
(vi) as a member of the personal staff of the Governor (other
than a person so serving by virtue of subsection (3) of
section 65E of the Principal Order),
in his discretion;
(b) in the case of an award payable to a person who immediately before
the date aforesaid was serving in any office to which subsection (2)
of section 66A of the Principal Order applied on the date aforesaid,
after consultation with the Judicial and Legal Service Commission;
(c) in the case of an award payable to a person who immediately
before the date aforesaid was serving as a police officer (other than
as Commissioner of Police or Deputy Commissioner of Police),
after consultation with the Police Service Commission; and
(d) in the case of an award payable to any other person, after con-
sultation with the Public Service Commission.
(3) In this section "pensions law" means any law relating to the grant
to any person, or to the widow, children, dependants or personal representative
of that person, of an award in respect of the services of that person in a
public office, and includes any instrument made under that law.
(4) In this section references to the Principal Order means the Principal
Order as amended by this Order.
Transitional Provisions
20. (1) The Governor may, with the concurrence of the Secretary o'f Regulations
State, make such provision, by regulations published in the Gazette, as appears relating to
retirement,
to him to be necessary or expedient for the retirement from the public service &c. of certain
of such persons or classes of persons holding office in that service immediately officers.
before the relevant date as may be specified by or under those regulations and
for the payment of compensation, pensions, gratuities and other like allowances
in such cases.
(2) All sums payable by virtue of regulations made under the preceding
subsection shall be charged on the revenues of the Territory and shall be paid
out upon warrant under the hand of the Governor.
(3) In this section the relevant date is the date when section 14 of this
Order comes into operation.
21. (1) A person elected to the Executive Council as Chief Minister under avinf
the provisions of section 6 of the Principal Order, before the re-enactment existing
of that section by this Order, and holding that office immediately before the appoint-
date of the commencement of this Order shall be deemed to have been appointed
Premier under subsection (1) of section 6 of the Principal Order as enacted
by this Order.
23
Trinidad and Tobago (Constitution) (Amendment) Order in Council, 1959
(2) (a) Any person who immediately before the date aforesaid was
an Elected Member of the Executive Council shall be deemed to have been
appointed a Minister under the provisions of subsection (3) of section 6 of the
Principal Order as enacted by this Order.
(b) Notwithstanding the provisions of paragraph (a) of this sub-
section where, on the date of the commencement of this Order, it is necessary
to appoint a person to be a Minister in order that the provisions of subsection
(1) of section 4 of the Principal Order, as enacted by this Order, may be
complied with, the Governor shall, on the advice of the Premier, by Instrument
under the Public Seal, appoint a person who is an Elected Member of the
Legislative Council to be a Minister; any person so appointed shall be deemed
to have been appointed a Minister under the provisions of subsection (3) of
section 6 of the Principal Order as enacted by this Order.
(3) Any person appointed to be a Parliamentary Secretary under the
provisions of subsection (1) or subsection (5) of section 26A of the Principal
Order, and holding that office immediately before the date of the commence-
ment of this Order, shall be deemed to have been appointed to that office under
the provisions of subsection (1) of section 18 of the Principal Order as enacted
by this Order.
(4) Subject to the provisions of this Order, a person holding an office
in the public service immediately before the date of the commencement of this
Order shall continue to hold that office as if he had been appointed in pursuance
of the Principal Order as amended by this Order.
Construc- 22. (1) References in the Principal Order to the Executive Council or to a
tion. Member of the Executive Council shall be construed, respectively, as
references to the Cabinet established by the Principal Order as amended by
this Order, and to a Member of the Cabinet.
(2) References in the Principal-Order to the Colony shall be construed
as references to the Territory.
Adaptation 23. (1) The Governor may, by order published in the Gazette, at any time
of existing within twelve months after the date of the commencement of this Order,
provide that any existing law shall be read and construed with such adaptations
and modifications as may appear to the Governor to be necessary or expedient
for brininng the provisions of that law into conformity with the provisions of
this Order or otherwise for giving effect or enabling effect to be given to those
provisions; and any existing law shall have effect accordingly from such date
as may be specified in the order, not being a date earlier than the date of the
commencement of this Order.
(2) In this section "existing law" means a law in force immediately
before the date of the commencement of this Order that was enacted by the
legislature of the Territory and includes any instrument in force as aforesaid
and made in exercise of a power conferred by any law of the legislature of the
Territory.
S (3). An order made under this section may be revoked or amended by
a further order made under this. section or, in relation to any law or instrument
affected thereby, by the authority having power to repeal, revoke or amend
that law or instrument.
24
|
