Explanatory note

This Order establishes a new Constitution for Montserrat, to replace the Constitution of 1989. The new Constitution sets out fundamental rights and freedoms of the individual and provisions for their enforcement. It provides for a Governor as Her Majesty’s representative in Montserrat, and for a Premier and other Ministers who form a Cabinet together with the Financial Secretary and the Attorney-General. It provides for an elected Legislative Assembly, which together with Her Majesty forms the Legislature. The High Court and Court of Appeal of the Eastern Caribbean Supreme Court continue to have jurisdiction as superior courts in Montserrat, and provision is made for the establishment of subordinate courts. A new National Advisory Council is established to advise on some of the Governor’s functions, and the office of Director of Public Prosecutions and an Electoral Commission are established for the first time. Provision is also made for the public service, public finance including the independent audit of public accounts, and for standards in public life including the establishment of a Complaints Commission.