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The Montserrat Constitution (Amendment) Order 2000

S.I. 2000/1339 · Made 17 May 2000

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CARIBBEAN AND NORTH ATLANTIC TERRITORIES

Made 17th May 2000

Laid before Parliament 25th May 2000

Coming into force on a day or days to be appointed under section 1(4)

At the Court at Buckingham Palace, the 17th day of May 2000

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers vested in Her by sections 5 and 7 of the West Indies Act 1962f1 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

1962 c. 19.

Contents

  1. 1Citation, construction and commencement
  2. 2Amendment of section 11 of Constitution
  3. 3Amendment of section 14 of Constitution
  4. 4Replacement of section 23 of Constitution
  5. 5Deletion of section 24 of Constitution
  6. 6Amendment of section 27 of Constitution
  7. 7Amendment of section 28 of Constitution
  8. 8Amendment of section 29 of Constitution
  9. 9Amendment of section 31 of Constitution
  10. 10Amendment of section 32 of Constitution
  11. 11Amendment of section 33 of Constitution
  12. 12Deletion of section 34 of Constitution
  13. Signature
  14. Explanatory note

1Citation, construction and commencement

(1)

This Order may be cited as the Montserrat Constitution (Amendment) Order 2000 and shall be construed as one with the Montserrat Constitution Order 1989f1.

(2)

The Montserrat Constitution Order 1989 and this Order may be cited together as the Montserrat Constitution Orders 1989 to 2000.

(3)

In this Order, “the Constitution” means the Constitution set out in Schedule 2 to the Montserrat Constitution Order 1989.

(4)

The provisions of this Order shall come into force on such day or days as the Governor, acting in his discretion, may appoint by proclamation published in the Gazette, and the Governor may appoint different days for the coming into force of different provisions of this Order.

2Amendment of section 11 of Constitution

Section 11 of the Constitution shall be amended:

(a)

in subsection (2), by deleting the words “nominated and”; and

(b)

in subsection (3), by substituting the word “an” for the words “ a nominated or”.

3Amendment of section 14 of Constitution

Section 14(1) of the Constitution shall be amended by deleting the words “ or nominated”.

4Replacement of section 23 of Constitution

Section 23 of the Constitution shall be replaced by the following:

“23

The Legislative Council shall consist of nine elected members and two ex officio members, namely the Attorney General and the Financial Secretary.”.

5Deletion of section 24 of Constitution

Section 24 of the Constitution shall be deleted.

6Amendment of section 27 of Constitution

Section 27(b) of the Constitution shall be replaced by the following:

“(b)

has resided in Montserrat for a period of three years immediately preceding the date of his nomination for election, or is domiciled in Montserrat and is resident therein at the date aforesaid,”.

7Amendment of section 28 of Constitution

Section 28 of the Constitution shall be amended by deleting:

(a)

in subsection (1), the words “appointed or”;

(b)

subsection (1)(e)(i);

(c)

in subsection (1)(e)(ii), the words “in the case of an elected member, ”; and

(d)

in subsection (1)(i), the words “in the case of an elected member,”.

8Amendment of section 29 of Constitution

(1)

Section 29 of the Constitution shall be amended:

(a)

by deleting subsection (1);

(b)

in subsection (2), by deleting the words “nominated or” and “appointment or”;

(c)

in subsection (3), by substituting the word “An” for the words “ A nominated or”;

(d)

in subsection (3)(d), by deleting the words “appointment or” and “ (in the case of an elected member)”; and

(e)

in subsection (4)(a), by deleting the words “nominated or”.

(2)

The proviso to section 29(3)(e) of the Constitution shall be replaced by the following:

  • “Provided that, if in the circumstances it appears to the Council to be just so to do, the Council may exempt any member from vacating his seat under the provisions of this paragraph if that member, before becoming a party to such contract as aforesaid, or before or as soon as practicable thereafter becoming otherwise interested in such contract (whether as a partner in a firm or as a director or manager of a company) discloses to the Council the nature of such contract and his interest, or the interest of such firm or company, therein.”.

9Amendment of section 31 of Constitution

Section 31(2) of the Constitution shall be deleted.

10Amendment of section 32 of Constitution

Section 32(1) of the Constitution shall be deleted.

11Amendment of section 33 of Constitution

Section 33 of the Constitution shall be amended by deleting:

(a)

subsection (1)(b);

(b)

subsection (3); and

(c)

the proviso to subsection (6).

12Deletion of section 34 of Constitution

Section 34 of the Constitution shall be deleted.

Signature

A. K. Galloway

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order amends the Constitution of Montserrat by abolishing the office of nominated member of the Legislative Council, increasing the number of elected members of the Council to nine, and increasing to three years the residence qualification for elected membership of the Council.