The Anguilla Constitution Order 1982

Citation and commencement

1.—(1) This Order may be cited as the Anguilla Constitution Order 1982.

(2) This Order shall come into operation on 1st April 1982.

Constitution of Anguilla and revocation

2.—(1) The Schedule to this Order shall have effect as the Constitution of Anguilla as from the commencement of this Order; and the Anguilla (Constitution) Order 1976 is revoked with effect from such commencement.

(2) The Schedule to this Order may be cited as the Constitution of Anguilla and in sections 4, 5, 6, 7 and 8 of this Order it is referred to as `the Constitution'.

(3) References in any law made before the commencement of this Order to the Anguilla (Administration) Order 1971, to the Constitution of Anguilla established by the Anguilla (Constitution) Order 1976 hereinafter referred to as `the former Constitution') or to any particular provision thereof shall be construed, in relation to any period beginning at or after the commencement of this Order, as references to the Constitution or, as the case may be, to the corresponding provision thereof.

Administration of justice

3.—(1) The West Indies Associated States Supreme Court Order 1967 shall apply in relation to Anguilla in like manner as it applies in relation to Montserrat and to the Virgin Islands, as the case may be, by virtue of section 10 of that Order and for the purposes of its application to Anguilla as aforesaid—

(a) that Order may be cited as the Supreme Court Order:

(b) references in that Order to a State shall not include references to Anguilla;

(c) the Supreme Court established by that Order shall be styled the Eastern Caribbean Supreme Court.

(2) The West Indies Associated States (Appeals to Privy Council) Order 1967 shall, to the extent that it has effect as part of the law of Anguilla, have effect as if—

(a) the word “Anguilla” was substituted for the words “West Indian Associated States” in section 1 and for the words “a State” in section 3;

(b) in the definition of “Court” in section 2(1), the words “Supreme Court Order” were substituted for the words “Courts Order”;

(c) the definitions of “Courts Order” and “State” in section 2(1) were deleted.

(3) The reference in section 15(1)(c) of the Constitution to the High Court and Court of Appeal shall be construed as including a reference to the Supreme Court established by the Windward Islands and Leeward Islands (Courts) Order in Council 1959 and the British Caribbean Court of Appeal established by the British Caribbean Court of Appeal Order in Council 1962(1).

Citizenship

4.—(1) Until the commencement of the British Nationality Act 1981—

(a) a person shall be regarded as belonging to Anguilla for the purposes of Chapter I of the Constitution if he would have been so regarded for the purposes of Chapter I of the former Constitution;

(b) section 43(1)(a) of the Constitution shall have effect as if it referred to citizens of the United Kingdom and colonies.

(2) If a Commonwealth citizen has been ordinarily resident in Anguilla for not less than seven years before the commencement of the British Nationality Act 1981, he shall be treated for the purposes of section 18(5)(b) of the Constitution as if he had been ordinarily resident in Anguilla for not less than fifteen years before such commencement.

(3) If a person who was born in St. Christopher or in Nevis before 19th December 1980 is ordinarily resident in Anguilla, having been so resident since that date, he shall be treated for the purposes of section 18(5) of the Constitution as if he had been born in Anguilla.

(4) In the case of persons who, while resident in St. Christopher or in Nevis, were registered as citizens of the United Kingdom and Colonies before 19th December 1980 or naturalised as such before that date or naturalized as British subjects before 1st January 1949—

(a) any such person shall be regarded as having been so registered or naturalized while resident in Anguilla for the purposes of subjection 5 (a)(v) of section 18 of this Constitution; and

(b) any such person who is ordinarily resident in Anguilla, having been so resident since 19th December 1980, shall be regarded likewise for the purposes of subsection 5 (a)(vi) of that section.

Existing offices and authorities

5.—(1) Subject to the provisions of this section, offices and authorities existing immediately before the commencement of this Order shall after such commencement, so far as consistent with the provisions of the Constitution, continue as if they had been established by or under the Constitution; and any person who immediately before such commencement is holding or acting in any such office or is a member of any such authority shall after such commencement continue to hold or act in that office or to be such a member as if he had been appointed thereto or as the case may be elected as such in accordance with the Constitution and had made any oath thereby required.

(2) The provisions of this section shall be without prejudice to any powers conferred by or under the Constitution upon any person or authority to make provision for any matter, including (but without prejudice to the generality of the foregoing words) the establishment and abolition of offices, courts of law and authorities and the appointment, election or selection of persons to hold or act in any office or to be members of any court or authority and their removal from office.

Existing laws

6.—(1) All Acts, Ordinances, rules, regulations, orders and other instruments made under or having effect by virtue of the former Constitution and having effect as part of the law of Anguilla immediately before the commencement of this Order shall after such commencement have effect as if they had been made under or by virtue of this Constitution.

(2) The existing laws shall be construed with such modifications, adaptations, qualifications and exceptions as are necessary to bring them into conformity with the Constitution and the Supreme Court Order, as amended by section 3(1) of this Order.

(3) In this section the expression “existing laws” means laws and instruments (other than Acts of Parliament and instruments made thereunder) having effect as part of the law of Anguilla immediately before the commencement of this Order.

Inhuman treatment

7.  Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 6 of the Constitution to the extent that the law in question authorises the infliction of any description of punishment that was lawful in Anguilla immediately before the commencement of this Order.

Dissolution of Assembly

8.  For the purposes of section 63(3) of the Constitution the Assembly shall be regarded as having held its first meeting after a general election on 22nd June 1981.

Power reserved to Her Majesty

9.  Her Majesty reserves to Herself power, with the advice of Her Privy Council, to make laws for the peace, order and good government of Anguilla.

N. E. Leigh

Clerk of the Privy Council