The Virgin Islands Constitution (Interim Amendment) Order 2022

Citation, construction and commencement

1.—(1) This Order may be cited as the Virgin Islands Constitution (Interim Amendment) Order 2022 and shall be construed as one with the Virgin Islands Constitution Order 2007(1) (in this Order referred to as “the 2007 Order”) and the Virgin Islands Constitution (Amendment) Order 2015(2) (in this Order referred to as “the 2015 Order”).

(2) This Order shall come into force on such day as the Governor, acting in his or her discretion, may appoint by proclamation published in the Gazette.

Interpretation

2.  In this Order “ the Constitution” means the Constitution of the Virgin Islands set out in the 2007 Order, as amended by the 2015 Order.

Duration of Order

3.  This Order shall continue in force for the period of two years from the date of its commencement and shall then expire unless it is continued in force or sooner revoked by Order in Council.

Offices to become vacant

4.  On the commencement of this Order the following offices shall become vacant—

(a) Premier;

(b) Deputy Premier;

(c) all other Ministers;

(d) Leader of the Opposition;

(e) Speaker;

(f) Deputy Speaker;

(g) Cabinet Secretary.

Cabinet

5.  On the commencement of this Order the Cabinet shall cease to exist.

House of Assembly

6.  On the commencement of this Order the House of Assembly shall be dissolved and all members of the House shall vacate their seats in the House.

Suspension of certain provisions of the Constitution

7.  While this Order is in force the provisions of the Constitution set out in Schedule 1 shall not have effect.

Interim provisions to have effect

8.  While this Order is in force the provisions set out in Schedule 2 shall have effect and shall be read together with the provisions of the Constitution not affected by article 7.

Amendment of laws of the Virgin Islands

9.  While this Order is in force, except as the Governor may otherwise provide in exercise of the power to make laws conferred by paragraph 7 of Schedule 2, where in any law in the Virgin Islands (other than the 2007 Order and the 2015 Order)—

(a) there is a reference to the Cabinet, the Premier, the Deputy Premier, another Minister, the Cabinet Secretary or the Leader of the Opposition, any such reference shall be read and construed as a reference to the Governor, acting in accordance with paragraph 5 of Schedule 2;

(b) there is a reference to any power, duty or function of the Cabinet, the Premier, the Deputy Premier, another Minister, the Cabinet Secretary or the Leader of the Opposition, any such reference shall be read and construed as a reference to a power, duty or function of the Governor and in the exercise or performance of it the Governor shall act in accordance with paragraph 5 of Schedule 2;

(c) there is a reference to the House of Assembly or any of its committees, the Speaker or the Deputy Speaker, any such reference shall be read and construed as a reference to the Governor, acting in accordance with paragraph 5 of Schedule 2;

(d) the Governor is required to exercise or perform any power, duty or function after consultation with, or in accordance with the advice of, the Cabinet, the Premier, the Deputy Premier or another Minister, the Governor shall exercise or perform that power, duty or function in accordance with paragraph 5 of Schedule 2.

Richard Tilbrook

Clerk of the Privy Council