West Indies Act 1962

1962 CHAPTER 19 10 and 11 Eliz 2

An Act to enable provision to be made for the cesser of the inclusion of colonies in the federation established under the British Caribbean Federation Act 1956, and for the dissolution of that federation and for matters consequential on the happening of either of those events; to enable provision to be made for the establishment of common courts and other authorities for, and fresh provision to be made for the government of, certain West Indian colonies; to enable provision to be made for the establishment of new forms of government for combinations of such colonies; and for purposes connected with the matters aforesaid.

[18th April 1962]

Modifications etc. (not altering text)

C1 Act restricted by Jamaica Independence Act 1962 (c. 40), s. 3(3), Trinidad and Tobago Independence Act 1962 (c. 54), s. 3(3) and Barbados Independence Act 1966 (c. 37), s. 4(4)

Commencement Information

I1 Act wholly in force at Royal Assent

1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 1, 2, 4(5)(6) repealed by Statute Law (Repeals) Act 1989 (c. 43), s.1(1), Sch. 1 Pt. VI

3 Compensation scheme for officers of Federal public service. U.K.

(1) Her Majesty may by Order in Council make such provision as appears to Her necessary of expedient—

(a) for securing that the payment of a pension, gratuity, allowance or other like benefit to a person in respect of service of his, or that of another’s, in the public service of the Federation is not prejudiced by reason of a colony’s ceasing to be included in the Federation or of the dissolution of the Federation;

(b) for securing the making of payments to or in respect of persons who, at the passing of this Act, are serving in that public service and, by reason of the happening of either of the events aforesaid, lose office or, by reason of being transferred to some other service, become in a worse position in respect of the conditions of their service as compared with the conditions of service formerly obtaining with respect to them;

(c) for securing the payment to or in respect of such persons as are mentioned in the last foregoing paragraph who are transferred as therein mentioned (whether or not they become in a worse position as so mentioned) of sums in respect of disturbance suffered by them in consequence of being so transferred.

(2) An Order in Council under this section may provide for the raising of the moneys necessary to make payments falling to be made under the Order by either or both of the following means, namely,—

(a) the appropriation of assets of the government of the Federation;

(b) the making of contributions by all or any of the governments of the colonies included in the Federation at the passing of this Act.

4 Power of Her Majesty to establish common courts for West Indian colonies. U.K.

(1) Her Majesty may by Order in Council provide—

(a) for the establishment, in place of the Federal Supreme Court of the Federation, of a court constituted in such manner as may be specified in the Order and having such jurisdiction to hear and determine appeals from, and to determine questions of law reserved by judges of, the courts of the relevant colonies as may be determined by or under the Order;

(b) confer, or provide for conferring, on the court established by the Order, jurisdiction to hear and determine appeals from, and to determine questions of law reserved by judges of, the courts of such other colonies as may be specified in the Order;

(c) confer upon the legislature of a colony from whose courts criminal appeals lie to the court established by the Order power to make, with extra-territorial operation, laws providing for the conveyance of prisoners to and from the place where that court is sitting.

(2) Her Majesty may, by Order in Council, provide for the establishment for the relevant colonies or for any two or more of them of courts additional to that whose establishment is authorised by the foregoing subsection, being courts constituted in such manner and having such jurisdiction (whether civil or criminal, original or appellate) as may be determined by or under the Order.

(3) An Order in Council under this section may provide for the expenses of maintaining a court established by the Order to be defrayed by the governments of the colonies for which it is established.

(4) In this section—

(a) “relevant colonies” means, for the purposes of subsection (1), the colonies from whose courts appeals lie at the passing of this Act to the Federal Supreme Court of the Federation and, for the purposes of subsection (2), the colonies aforesaid with the exception of British Guiana;

(b) “appeals” include appeals by way of cases stated.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Ss. 1, 2, 4(5)(6) repealed by Statute Law (Repeals) Act 1989 (c. 43), s.1(1), Sch. 1 Pt. VI

Modifications etc. (not altering text)

C2 s. 4 restricted by Guyana Independence Act 1966 (c. 14), s. 5(3)

5 Power of Her Majesty to provide for government of certain West Indian colonies. U.K.

(1) Her Majesty may by Order in Council make such provision as appears to Her expedient for the government of any of the colonies to which this section applies, and for that purpose may provide for the establishment for the colony of such authorities as She thinks expedient and may empower such of them as may be specified in the Order to make laws either generally for the peace, order and good government of the colony or for such limited purposes as may be so specified subject, however, to the reservation to Herself of power to make laws for the colony for such (if any) purposes as may be so specified.

(2) The power conferred by the foregoing subsection shall include power to provide for the establishment of an authority to be charged, or authorities to be severally charged, with the duty of performing for the benefit of the said colonies, or for a combination of any two or more of them, such functions as may be specified in the Order, and for the expenses of an authority so charged to be defrayed by the governments of the colonies for whose benefit it is to perform functions.

In this subsection “authority” does not include a legislature or court.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4) An Order in Council under this section with respect to a colony may vary or revoke any enactment or Letters Patent relating to the government of the colony and any Order in Council or other instrument so relating which has effect otherwise than by virtue of this section.

(5) Any Order in Council under the M1 Jamaica Act 1866, the M2 Saint Vincent and Grenada Constitution Act 1876, the M3 Trinidad and Tobago Act 1887, the M4 Dominica Act 1938, section three of the M5 Leeward Islands Act 1956 or section two of the M6 Cayman Islands and Turks and Caicos Islands Act 1958 (except the Orders in Council mentioned in subsection (5) of the last foregoing section, so far as subsisting by virtue of any of those enactments) shall, in so far as it is in force at the passing of this Act and could be made under this section, have effect as if so made, and so shall the Windward Islands and Leeward Islands (Police Service Commission) Order in Council 1959.

(6) The colonies to which this section applies are those included at the passing of this Act in the Federation, and the Virgin Islands.

Subordinate Legislation Made

P1 S. 5: s. 5 (with s. 7) power exercised by S.I. 1991/988

for previous exercises of power see Index to Government Orders.

P2 S. 5 : s. 5 power exercised (19. 12. 1991) by S.I.1991/2871.

Textual Amendments

F3 S. 5(3) repealed with saving as regards Orders in Council made before 6.8.1962 by Jamaica Independance Act 1962 (c. 40), s. 3(4)

Marginal Citations

M1 1866 c. 12.

M2 1876 c. 47.

M3 1887 c. 44.

M4 1938 c. 10.

M5 1956 c. 23.

M6 1958 c. 13.

6 Power of Her Majesty to establish new forms of government in place of the West Indies. U.K.

(1) Her Majesty may by Order in Council make provision for the federation of, or the establishment of any other new form of government for, all or any of the colonies to which the last foregoing section applies.

(2) An Order in Council under this section making provision for the federation of colonies may include provision for any purpose for which, by virtue of the provisions of subsections (1) and (2) of section one of the M7 British Caribbean Federation Act 1956 (except paragraphs (d) and (e) of subsection (2)) provision might have been included in an Order in Council under that section had those provisions referred to the colonies which are federated by the first-mentioned Order instead of those specified in the Schedule to that Act.

(3) An Order in Council under this section, other than one falling within the last foregoing subsection, may include provision for any purpose for which, by virtue of sub-paragraphs (i) and (ii) of paragraph (a) of subsection (1) of the said section one and paragraphs (b) and (c) of that subsection, provision might have been included in an Order in Council under that section had those provisions referred—

(a) to the colonies to which the first-mentioned Order in Council relates instead of those specified in the Schedule to that Act; and

(b) to the form of government established by that Order instead of to the federation,

and had the qualification “Federal” been omitted.

Marginal Citations

M7 1956 c. 63.

7 Supplementary provisions as to Orders in Council. U.K.

(1) An Order in Council under any provision of this Act may make or provide for the making of such incidental, consequential or transitional provisions as may appear to Her Majesty in Council to be necessary or expedient.

(2) Any power conferred by this Act to make an Order in Council shall be construed as including power to vary or revoke the Order in Council by a subsequent Order in Council.

(3) Subject to the following subsection, a statutory instrument containing an Order in Council under this Act which adapts or modifies any Act shall be subject to annulment in pursuance of a resolution of either House of Parliament, and a statutory instrument containing an Order in Council under this Act which does not adapt or modify any Act shall be laid before Parliament after being made.

(4) The last foregoing subsection shall not apply to an instrument containing an Order in Council under section six of this Act making provision for the federation of, or the establishment of any other new form of government for, any colonies, but no recommendation shall be made to Her Majesty in Council to make an Order under the said section six making such provision unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.

Subordinate Legislation Made

P3 S. 7: s. 5 (with s. 7) power exercised by S.I.1991/988

for previous exercises of power see Index to Government Orders.

8 Grants for benefit of certain West Indian colonies. U.K.

The Secretary of State may—

(a) from time to time make, to the government of any colony to which section five of this Act applies, being a government whose resources are, in his opinion, insufficient to enable it to defray its administrative expenses, grants of such amounts as he may, with the approval of the Treasury, determine;

(b) from time to time make, to any federal government established by virtue of section six of this Act for any colonies, grants of such amounts as he may, with the like approval, determine, for the purpose of enabling that government to make grants to the governments of any of the colonies for which it is established whose resources are, in its opinion, insufficient to enable them to defray their administrative expenses;

(c) from time to time make, to a government of any other form established as aforesaid for any colonies, being one whose resources are, in his opinion, insufficient to enable it to defray its administrative expenses, grants of such amounts as he may, with the like approval, determine.

Modifications etc. (not altering text)

C3 s. 8 restricted by Jamaica Independence Act 1962 (c. 40), s. 3(3), Trinidad and Tobago Independence Act 1962 (c. 54), s. 3(3), Barbados Independence Act 1966 (c. 37), s. 4(4)

9 Expenses. U.K.

The expenses incurred under the last foregoing section by the Secretary of State shall be defrayed out of moneys provided by Parliament, and any increase attributable to an Order in Council under this Act in sums payable under any other enactment out of moneys so provided or out of the Consolidated Fund of the United Kingdom shall be paid out of moneys so provided or out of that Fund, as the case may be.

10 Short title, interpretation and repeals. U.K.

(1) This Act may be cited as the West Indies Act 1962.

(2) Any reference in this Act to a colony shall be construed as including a reference to the dependencies (if any) thereof.

(3) The enactments mentioned in the first and second columns of the Schedule to this Act are hereby repealed to the extent respectively specified in relation thereto in the third column of that Schedule, but this repeal shall not be taken to dissolve the union of Tobago with Trinidad or to affect the status, as a separate colony, of any other colony.

F4 F4 SCHEDULE U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI