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The Falkland Islands Constitution Order 2008

S.I. 2008/2846 · Made 5 November 2008

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South Atlantic Territories

Made 5th November 2008

Laid before Parliament 12th November 2008

Coming into force in accordance with section 1(3)

At the Court at Buckingham Palace, the 5th day of November 2008

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by the British Settlements Acts 1887 and 1945f1 and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:

Annotations to the whole text

Footnotes

f1

1887 c.54 and 1945 c.7.

Contents

  1. 1Citation, publication and commencement
  2. 2Interpretation
  3. 3Revocations
  4. 4Establishment of Constitution
  5. 5Existing laws
  6. 6Existing offices and officers
  7. 7Legislative Assembly
  8. 8Standing Orders
  9. 9Pending legal proceedings
  10. 10Management Code
  11. 11Power reserved to Her Majesty
  12. Signature
  13. Schedule: The Constitution of the Falklands Islands
  14. Part CHAPTER I: PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
  15. 1Fundamental rights and freedoms of the individual
  16. 2Protection of right to life
  17. 3Protection from inhuman treatment
  18. 4Protection from slavery and forced labour
  19. 5Protection of right to personal liberty
  20. 6Provisions to secure protection of law
  21. 7Protection of rights of prisoners to humane treatment
  22. 8Protection of freedom of movement
  23. 9Protection for private and family life and for privacy of home and other property
  24. 10Protection of right to marry and found a family
  25. 11Protection of freedom of conscience
  26. 12Protection of right to education
  27. 13Protection of freedom of expression
  28. 14Protection of freedom of assembly and association
  29. 15Protection from deprivation of property
  30. 16Protection from discrimination
  31. 17Derogations from fundamental rights and freedoms under emergency powers
  32. 18Protection of persons detained under emergency laws
  33. 19Enforcement of protective provisions
  34. 20Proceedings which might affect freedom of conscience
  35. 21Proceedings which might affect freedom of expression
  36. 22Interpretation
  37. Part CHAPTER II: THE GOVERNOR
  38. 23The Governor
  39. 24Acting Governor
  40. 25Defence and internal security
  41. Part CHAPTER III: THE LEGISLATURE
  42. 26Establishment and composition of the Legislative Assembly
  43. 27Constituencies
  44. 28Qualifications for election
  45. 29Disqualifications for election
  46. 30Vacation of seats
  47. 31Vacation of seat on sentence
  48. 32Qualifications of electors
  49. 33General elections and filling vacant seats
  50. 34Dissolution
  51. 35Recalling dissolved Legislative Assembly in case of emergency
  52. 36Determination of questions as to membership
  53. Part CHAPTER IV: POWERS AND PROCEDURES OF THE LEGISLATIVE ASSEMBLY
  54. 37Power to make laws
  55. 38Sittings of the Legislative Assembly
  56. 39Presiding
  57. 40Clerk of the Legislative Assembly
  58. 41Participation by non-members
  59. 42Oaths
  60. 43Quorum
  61. 44Voting
  62. 45Transaction of business notwithstanding vacancies
  63. 46Standing Orders
  64. 47Penalty for sitting or voting when unqualified
  65. 48Privileges of Legislative Assembly and members
  66. 49Freedom of speech in proceedings
  67. 50Rules for the enactment of laws
  68. 51Introduction of Bills, etc
  69. 52Assent to Bills
  70. 53Publication and commencement of laws
  71. 54Disallowance of laws
  72. 55Governor’s reserved power
  73. Part CHAPTER V: THE EXECUTIVE
  74. 56Executive authority
  75. 57Executive Council
  76. 58Election of elected members of the Executive Council
  77. 59Tenure of office of elected members of the Executive Council
  78. 60Temporary members of the Executive Council
  79. 61Attendance of non-members at meetings of the Executive Council
  80. 62Summoning of meetings and agenda of the Executive Council
  81. 63Presiding in the Executive Council
  82. 64Oaths
  83. 65Quorum
  84. 66The Governor to consult the Executive Council
  85. 67The Governor may act against advice of the Executive Council
  86. 68The Governor may call for public officers, official papers, information or advice
  87. 69Minutes
  88. 70Advisory Committee on the Prerogative of Mercy
  89. 71Power of pardon, etc
  90. 72Powers of Attorney General in relation to criminal proceedings
  91. 73Grants of land
  92. Part CHAPTER VI: FINANCE
  93. 74Consolidated Fund
  94. 75Withdrawals
  95. 76Authorisation of expenditure
  96. 77Expenditure in advance of appropriation
  97. 78Contingencies Fund
  98. 79Public debt
  99. 80Audit
  100. 81Public Accounts Committee
  101. Part CHAPTER VII: THE PUBLIC SERVICE
  102. 82Power to constitute offices
  103. 83Chief Executive
  104. 84Power to make appointments
  105. 85Discipline and removal of public officers
  106. Part CHAPTER VIII: THE ADMINISTRATION OF JUSTICE
  107. 86Supreme Court
  108. 87Court of Appeal
  109. 88Appointment of judges and Senior Magistrate
  110. 89Acting judges
  111. 90Tenure of office of judges and Senior Magistrate
  112. 91Oaths
  113. 92Jurisdiction of the Court of Appeal
  114. 93Practice and procedure on appeals to the Court of Appeal
  115. 94Appeals to the Court of Appeal
  116. Part CHAPTER IX: COMPLAINTS COMMISSIONER
  117. 95Complaints Commissioner
  118. 96Functions of Complaints Commissioner
  119. Part CHAPTER X: MISCELLANEOUS
  120. 97The Public Seal
  121. 98Reappointments and concurrent appointments
  122. 99Resignations
  123. 100Interpretation
  124. Part ANNEX A TO THE CONSTITUTION: RULES FOR THE ENACTMENT OF LAWS
  125. Part ANNEX B TO THE CONSTITUTION: OATHS AND AFFIRMATIONS
  126. Explanatory note