The Bermuda Constitution (Amendment) Order 2003

Citation, construction and commencement

1.—(1) This Order may be cited as the Bermuda Constitution (Amendment) Order 2003 and shall be construed as one with the Bermuda Constitution Order 1968(1) (hereinafter referred to as “the principal Order”).

(2) The principal Order and this Order may be cited together as the Bermuda Constitution Orders 1968 to 2003.

(3) In this Order, “the Constitution” means the Constitution set out in Schedule 2 to the principal Order.

(4) This Order shall come into force on 12^th March 2003, except for sections 3, 4 and 7 and the Schedule, which shall come into force upon the next dissolution of the Legislature thereafter.

Revocation

2.  Section 2 of the Bermuda Constitution (Amendment) Order 2001(2) is revoked.

Amendment of section 28 of Constitution

3.  Section 28 of the Constitution is amended by substituting the words “thirty-six” for the word “forty”.

Replacement of section 52 of Constitution

4.  Section 52 of the Constitution is revoked and replaced by the following section –

“Division of Bermuda into single-member constituencies

52.— (1) For the purpose of elections, Bermuda shall be divided into thirty-six constituencies.

(2) Each constituency shall return one member to the House of Assembly.

(3) For the purposes of subsection (1) of this section, the names and boundaries of the constituencies shall be those set out in the Second Schedule to this Constitution:

• Provided that the said Schedule may from time to time be modified by order made by the Governor in accordance with section 54(6) of this Constitution.”.

Amendment of section 53 of Constitution

5.  Section 53 of the Constitution is amended –

(a) in the proviso to subsection (1), by deleting paragraph (a) and replacing it by the following –

“(a) a Commission shall be appointed not earlier than 31^st August 2005 nor later than 31^st August 2009;”;

(b) by inserting after subsection (6) the following new subsection –

“(6A) For the purpose of the discharge of its functions, a Constituency Boundaries Commission shall invite views from members of the public and may seek such advice as it considers appropriate.”.

Amendment of section 54 of Constitution

6.  Section 54 of the Constitution is amended –

(a) in subsection (1), by substituting the words “Bermuda is” for the words “the parishes of Bermuda are”;

(b) by deleting subsection (2) and replacing it by the following –

“(2) In determining whether or not to recommend any changes in the boundaries of the constituencies, the Commission shall ensure that the constituencies shall contain, so far as is reasonably practicable, equal numbers of persons qualified to be registered as electors under section 55 of this Constitution; and in doing so the Commission –

(a) shall take no account of the racial distribution of electors within Bermuda;

(b) shall take account of geographical features and natural boundaries within Bermuda;

(c) may ignore the boundaries of parishes; and

(d) shall ensure, so far as is reasonably practicable, that each constituency is a contiguous unit.”.

Addition of new Second Schedule to Constitution

7.—(1) The new Second Schedule to the Constitution set out in the Schedule to this Order is inserted after the existing Schedule to the Constitution.

(2) The existing Schedule to the Constitution is retitled “First Schedule to the Constitution of Bermuda”, and references in the Constitution to that Schedule shall be construed accordingly.

Amendment of sections 31 and 57 of Constitution

8.—(1) Section 31 of the Constitution is amended in subsection (1)(c) by substituting the words “Commonwealth citizen (within the meaning of the British Nationality Act 1981)” for the words “British subject”.

(2) Section 57 of the Constitution is amended in subsection (3)(a) by substituting the words “Junior Ministers” for the words “Parliamentary Secretaries”.

Transitional provision

9.  The Legislature may by law make such provision as it considers necessary or expedient in anticipation of the commencement of sections 3, 4 and 7 of, and the Schedule to, this Order.

A. K. Galloway

Clerk of the Privy Council