{
  "url": "https://openlegislation.uk/falkland-islands-constitution-order-2008/schedule/paragraph-36",
  "json_url": "https://openlegislation.uk/falkland-islands-constitution-order-2008/schedule/paragraph-36.json",
  "legislation": "uksi/2008/2846",
  "legislation_title": "The Falkland Islands Constitution Order 2008",
  "legislation_url": "https://openlegislation.uk/falkland-islands-constitution-order-2008",
  "path": "schedule/paragraph/36",
  "kind": "paragraph",
  "number": "36",
  "heading": "Determination of questions as to membership",
  "text": "(1) The Supreme Court shall have jurisdiction to hear and determine any question whether—\n(a) any person has been validly elected as a member of the Legislative Assembly; or\n(b) any member of the Legislative Assembly has vacated his or her seat or is required, under section 31, to cease to perform his or her functions as such.\n(2) An application to the Supreme Court for the determination of—\n(a) any question under subsection (1)(a) may be made by any person entitled to vote in the election to which the application relates, or by any person who was a candidate at the election, or by the Attorney General;\n(b) any question under subsection (1)(b) may be made by any person registered as an elector in the constituency for which the member concerned was elected, or by any elected member of the Legislative Assembly, or by the Attorney General,\nand if any application under this subsection is made by a person other than the Attorney General, the Attorney General may intervene and may then appear or be represented in the proceedings.\n(3) Provision may be made by Ordinance with respect to—\n(a) the circumstances and manner in which, and the imposition of conditions on which, any application may be made to the Supreme Court for the determination of any question under this section; and\n(b) the powers, practice and procedure of the Supreme Court in relation to any such application.\n(4) No appeal shall lie from any determination by the Supreme Court in proceedings under this section.\n(5) In the exercise of his or her functions under this section the Attorney General shall not be subject to the direction or control of any other person or authority.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2017/181",
      "affecting_title": "The Emergency Powers (Overseas Territories) Order 2017"
    },
    {
      "type": "modified",
      "affecting": "uksi/2020/780",
      "affecting_title": "The Overseas Territories (Constitutional Modifications) Order 2020"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/2846/schedule/paragraph/36",
    "retrieved_at": "2026-10-29T03:22:38.073834+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}