OpenLegislation

The Montserrat Constitution Order 1989

S.I. 1989/2401 · Made 19 December 1989

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 19th December 1989

Laid before Parliament 8th January 1990

Coming into force On a day to be appointed under section 1(2)

At the Court at Buckingham Palace, the 19th day of December 1989

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 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 and commencement
  2. 2Interpretation
  3. 3Revocations
  4. 4Establishment of Constitution
  5. 5Existing Laws
  6. 6Existing officers.
  7. 7Legislative Council.
  8. 8Power reserved to Her Majesty.
  9. Signature
  10. Schedule 1 TO THE ORDERREVOCATIONS
  11. Schedule 2 TO THE ORDER: THE CONSTITUTION OF MONTSERRAT
  12. THE CONSTITUTION OF MONTSERRAT
  13. Part I: THE GOVERNOR
  14. 1The Governor.
  15. 2Acting Governor.
  16. 3Deputy to Governor.
  17. 4Exercise of Governor’s functions.
  18. 5Powers to dispose land.
  19. 6Power to constitute offices and make appointments etc.
  20. 7Powers of pardon, etc.
  21. 8Public seal.
  22. Part II: THE EXECUTIVE
  23. 9Executive authority.
  24. 10Executive Council.
  25. 11Appointment of members.
  26. 12Tenure of office of members.
  27. 13Performance of functions of Chief Minister in certain events.
  28. 14Temporary members.
  29. 15Assignment of responsibilities to Ministers.
  30. 16Governor’s special responsibilities.
  31. 17Oaths and affirmations.
  32. 18Summoning of Executive Council.
  33. 19Proceedings in Executive Council.
  34. 20Summoning of persons to Executive Council.
  35. 21Powers of Attorney-General.
  36. Part III: THE LEGISLATURE
  37. 22Constitution of Legislature.
  38. 23The Legislative Council.
  39. 24Nominated members.
  40. 25Elected members.
  41. 26Power to summon public officers to attend meetings of Legislative Council.
  42. 27Qualifications for elected membership.
  43. 28Disqualifcations for nominated and elected membership.
  44. 29Tenure of office of nominated and elected members.
  45. 30Validity of proceedings.
  46. 31Determnation of questions as to membership.
  47. 32Filling of vacancies.
  48. 33Temporary members.
  49. 34Incapacity of nominated members.
  50. 35Sessions of Legislative Council.
  51. 36Speaker and Deputy Speaker.
  52. 37Presiding in Legislative Council.
  53. 38Governor’s right to address Legislative Council.
  54. 39Oath or affirmation of allegiance.
  55. 40Quorum.
  56. 41Voting.
  57. 42Prorogation and dissolution.
  58. 43General elections.
  59. 44Introduction of Bills etc.
  60. 45Power to make laws.
  61. 46Standing Orders.
  62. 47Penalties for unauthorised persons sitting or voting.
  63. 48Assent to Bills.
  64. 49Words of enactment.
  65. 50Disallowance of laws.
  66. 51Privileges etc. of Legislative Council.
  67. IVFUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
  68. 52Fundamental rights and freedoms of the individual.
  69. 53Protection of right to life.
  70. 54Protection from inhuman treatment.
  71. 55Protection from slavery and forced labour.
  72. 56Protection from arbitrary arrest or detention.
  73. 57Provisions to secure protection of law.
  74. 58Protection of privacy of home and other property.
  75. 59Protection of freedom of conscience.
  76. 60Protection of freedom of expression.
  77. 61Protection of freedom of assembly and associations.
  78. 62Protection of freedom of movement.
  79. 63Protection from discrimination on grounds of race, etc.
  80. 64Protection from deprivation of property.
  81. 65Provisions for periods of public emergency.
  82. 66Enforcement of fundamental rights.
  83. 67Interpretation of Part IV.
  84. Part V: INTERPRETATION
  85. 68Interprettation.
  86. THE SCHEDULE TO THE CONSTITUTIONAppendix THE SCHEDULE TO THE CONSTITUTION
  87. Explanatory note