The Montserrat Constitution (Amendment) Order 2000
S.I. 2000/1339 · Made 17 May 2000
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
Contents
- 1Citation, construction and commencement
- 2Amendment of section 11 of Constitution
- 3Amendment of section 14 of Constitution
- 4Replacement of section 23 of Constitution
- 5Deletion of section 24 of Constitution
- 6Amendment of section 27 of Constitution
- 7Amendment of section 28 of Constitution
- 8Amendment of section 29 of Constitution
- 9Amendment of section 31 of Constitution
- 10Amendment of section 32 of Constitution
- 11Amendment of section 33 of Constitution
- 12Deletion of section 34 of Constitution
- Signature
- Explanatory note
1Citation, construction and commencement
This Order may be cited as the Montserrat Constitution (Amendment) Order 2000 and shall be construed as one with the Montserrat Constitution Order 1989f1.
The Montserrat Constitution Order 1989 and this Order may be cited together as the Montserrat Constitution Orders 1989 to 2000.
In this Order, “the Constitution” means the Constitution set out in Schedule 2 to the Montserrat Constitution Order 1989.
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:
in subsection (2), by deleting the words “nominated and”; and
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:
“23The 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:
in subsection (1), the words “appointed or”;
subsection (1)(e)(i);
in subsection (1)(e)(ii), the words “in the case of an elected member, ”; and
in subsection (1)(i), the words “in the case of an elected member,”.
8Amendment of section 29 of Constitution
Section 29 of the Constitution shall be amended:
by deleting subsection (1);
in subsection (2), by deleting the words “nominated or” and “appointment or”;
in subsection (3), by substituting the word “An” for the words “ A nominated or”;
in subsection (3)(d), by deleting the words “appointment or” and “ (in the case of an elected member)”; and
in subsection (4)(a), by deleting the words “nominated or”.
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:
subsection (1)(b);
subsection (3); and
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.