The Pitcairn (Court of Appeal) Order 2012

Statutory Instruments

2012 No. 1761

Overseas Territories

The Pitcairn (Court of Appeal) Order 2012

Made

10th July 2012

Laid before Parliament

17th July 2012

Coming into force

10th August 2012

At the Court at Windsor Castle, the 10th day of July 2012

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by the British Settlements Acts 1887(1) and 1945(2) and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:

Citation and commencement

1.  This Order may be cited as the Pitcairn (Court of Appeal) Order 2012 and shall come into force on 10th August 2012.

Interpretation

2.  In this Order –

“the Constitution” means the Constitution set out in Schedule 2 to the Pitcairn Constitution Order 2010(3);

“the Court of Appeal” means the Court of Appeal for Pitcairn established by section 49(1) of the Constitution;

“the Governor” means the Governor of Pitcairn;

“Pitcairn” means Pitcairn, Henderson, Ducie and Oeno Islands.

Appointments and acts of judges of Court of Appeal

3.  The appointment of Justice Sir David Baragwanath, Justice Andrew McGechan and Justice Sir Bruce Robertson as judges of the Court of Appeal in purported exercise of the powers conferred on the Governor by section 52(1) of the Constitution shall for all purposes whatsoever be deemed to have been made validly, and all acts and things done by the said judges before the commencement of this Order in purported exercise of the functions of the office of judge of the Court of Appeal shall accordingly be deemed to have been validly and effectively done.

Richard Tilbrook

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confers validity on the appointments of three judges of the Court of Appeal for Pitcairn, doubts about which had arisen. It also confers validity on all acts and things done by those judges in purported exercise of their offices.

(1)

1887 c.54.

(2)

1945 c.7.

(3)

S.I. 2010/244.