The Virgin Islands (Constitution) (Amendment) Order 1991

Statutory Instruments

1991 No. 2871

CARIBBEAN AND NORTH ATLANTIC TERRITORIES

The Virgin Islands (Constitution) (Amendment) Order 1991

Made

19th December 1991

Laid before Parliament

7th January 1992

Coming into force

on a day to be appointed under section 1(2)

At the Court at Buckingham Palace, the 19th day of December 1991

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, by virtue of the powers conferred upon Her by section 5 of the West Indies Act 1962(1) and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

1.  –

(1) This Order may be cited as the Virgin Islands (Constitution) (Amendment) Order 1991 and shall be construed as one with the Virgin Islands (Constitution) Order 1976(2).

(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

2.  Section 19 of the Virgin Islands (Constitution) Order 1976 shall be replaced by the following–

“Governor’s special responsibilities.

19.   –

(1) The Governor shall be responsible for the conduct (subject special to the provisions of this Order and of any other law) of any responsibilibusiness of the Government of the Virgin Islands, including the ties. administration of any department of government, with respect to the following matters:–

(a) external affairs;

(b) defence, including armed forces;

(c) internal security, including the Police Force;

(d) the terms and conditions of service of persons holding or acting in public offices;

(e) the administration of the courts:

• Provided that the Governor, after consultation with the Chief Minister, 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 said matters.

(2) The Governor, acting in his discretion, may by directions in writing delegate, with the prior approval of a Secretary of State, to the Chief Minister or any other Minister designated by him after consultation with the Chief Minister such responsibility for matters relating to external affairs or internal security as the Governor may think fit upon such conditions as he may impose.

(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.”

G. I. de Deney

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order amends section 19 of the Virgin Islands (Constitution) Order 1976 by giving the Governor certain powers to delegate to theChief Minister and other Ministers responsibility for matters relating to external affairs or internal security, as well as giving the Governor power to give directions with regard to matters falling within the Governor’s special responsibilities.

(1)

1962 c. 19.

(2)

S.I. 1976/2145.