The Virgin Islands Constitution Order 2007

CHAPTER 10 TRANSITIONAL AND MISCELLANEOUS

Meaning of the appointed day

113.  In this Chapter, “the appointed day” means the day referred to in section 1(2) of this Order, that is to say the date of commencement of this Constitution.

Revocations

114.  The instruments specified in Schedule 2 are revoked with effect from the appointed day.

Existing laws

115.—(1) Subject to this section, the existing laws shall have effect on and after the appointed day as if they had been made in pursuance of or in consistency with this Constitution and shall be construed with such adaptations and modifications as may be necessary to bring them into conformity with this Constitution.

(2) The Legislature may by law make such amendments to any existing law as appear to it to be necessary or expedient for bringing that law into conformity with this Constitution or otherwise for giving effect to this Constitution; and any existing law shall have effect accordingly from such day, not being earlier than the appointed day, as may be specified in the law made by the Legislature.

(3) In this section “existing laws” means laws and instruments (other than Acts of the Parliament of the United Kingdom and instruments made under them) having effect as part of the law of the Virgin Islands immediately before the appointed day.

Existing offices and officers

116.—(1) Any office established by or under the Virgin Islands (Constitution) Order 1976(1) and existing immediately before the appointed day shall on and after that day, so far as consistent with this Constitution, continue as if it had been established by or under this Constitution.

(2) Any person who immediately before the appointed day holds or is acting in any office continued by virtue of subsection (1) shall, on and after that day, continue to hold or act in that office as if he or she had been appointed to hold or act in it in accordance with or under this Constitution.

(3) Any person to whom subsection (2) applies who, before the appointed day, has made any oath or affirmation required to be made before assuming the functions of his or her office shall be deemed to have made any like oath or affirmation so required by this Constitution or any other law.

(4) The person who, immediately before the appointed day, holds the office of Chief Minister shall, on and after that day, perform the functions of the office of Premier in accordance with this Constitution; and (in accordance with section 1(3)(a)) until the day after the polling in the first general election after the appointed day that office shall continue to be called Chief Minister.

Standing Orders

117.  The Standing Orders of the Legislative Council established by the Virgin Islands (Constitution) Order 1976 as those Standing Orders are in force immediately before the appointed day shall, except as may be provided under section 72, have effect on and after that day as if they had been made under that section as Standing Orders of the House of Assembly established by this Constitution, but they shall be construed with such adaptations and modifications as may be necessary to bring them into conformity with this Constitution.

Elections

118.  A general election shall be held at such time within three months, but not earlier than twenty-one days, of the appointed day as the Governor shall appoint by proclamation published in the Gazette.

Power reserved to Her Majesty

119.  There is reserved to Her Majesty full power to make laws for the peace, order and good government of the Virgin Islands.

(1)

S.I. 1976/2145, amended by S.I. 1979/1603, 1982/151, 1991/2871, 1994/1638, 2000/1343.