OpenLegislation

The Pitcairn Constitution Order 2010

S.I. 2010/244 · Made 10 February 2010

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.

Pitcairn Islands

Made 10th February 2010

Laid before Parliament 17th February 2010

Coming into force in accordance with section 1(2)

At the Court at Buckingham Palace, the 10th day of February 2010

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by the British Settlements Acts 1887f1 and 1945f2, section 1 of the Judicial Committee Act 1844f3 and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:

Annotations to the whole text

Footnotes

f1

1887 c.54.

f2

1945 c.7.

f3

1844 c.69.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Revocations
  4. 4Establishment of Constitution
  5. 5Existing laws
  6. 6Existing offices and officers
  7. 7Island Council
  8. 8Pending legal proceedings
  9. 9Appeals to Her Majesty in Council
  10. 10Power reserved to Her Majesty
  11. Signature
  12. Schedule 1REVOCATIONS
  13. Schedule 2: THE CONSTITUTION OF PITCAIRN
  14. Part 1: PARTNERSHIP VALUES
  15. 1The partnership values
  16. Part 2: FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
  17. 2Right to life
  18. 3Physical and mental integrity
  19. 4Human dignity
  20. 5Prohibition of torture
  21. 6Prohibition of slavery and forced labour
  22. 7Right to liberty and security
  23. 8Right to a fair trial
  24. 9Right of prisoners to humane treatment
  25. 10No punishment without law
  26. 11Right to respect for private and family life
  27. 12Freedom of thought, conscience and religion
  28. 13Freedom of expression
  29. 14Freedom of assembly and association
  30. 15Right to marry
  31. 16Children’s rights
  32. 17Right to education
  33. 18Freedom of movement
  34. 19Protection of the environment
  35. 20Just administrative action
  36. 21Protection of property
  37. 22Protection from arbitrary deprivation of right of abode and of British citizenship
  38. 23Prohibition of discrimination
  39. 24Derogation in time of emergency
  40. 25Enforcement of protective provisions
  41. 26Interpretation of legislation
  42. Part 3: THE GOVERNOR
  43. 27The Governor
  44. 28Acting Governor
  45. 29Powers of pardon, etc
  46. 30Power to dispose of Crown land
  47. 31Official stamp
  48. 32Constitution of offices
  49. Part 4: THE EXECUTIVE
  50. 33Executive authority
  51. 34Island Council
  52. 35Attorney General
  53. Part 5: THE LEGISLATURE
  54. 36Power to make laws
  55. 37Rules for the making of laws
  56. 38Certain laws not to be made without instructions
  57. 39Publication and commencement of laws
  58. 40Laws to be sent to a Secretary of State
  59. 41Disallowance of laws
  60. Part 6: THE ADMINISTRATION OF JUSTICE
  61. 42Application of English law
  62. 43The courts of Pitcairn
  63. 44Independence of the judiciary
  64. Chapter SUPREME COURT
  65. 45Constitution of Supreme Court
  66. 46Sittings of Supreme Court
  67. 47Judges of Supreme Court
  68. 48Exercise of jurisdiction of Supreme Court
  69. Chapter COURT OF APPEAL
  70. 49Constitution of Court of Appeal
  71. 50Jurisdiction of Court of Appeal
  72. 51Practice and procedure on appeals
  73. Chapter GENERAL
  74. 52Appointment of judges and judicial officers
  75. 53Remuneration
  76. 54Tenure of office of judges
  77. 55Tenure of office of judicial officers
  78. Part 7: PUBLIC SERVICE
  79. 56Appointments etc of officers of Pitcairn Public Service
  80. 57Terms and conditions of employment
  81. Part 8: AUDIT
  82. 58Audit
  83. Part 9: OMBUDSMAN
  84. 59Ombudsman
  85. 60Functions of Ombudsman
  86. Part 10: MISCELLANEOUS
  87. 61Interpretation
  88. 62References to the holder of an office to include a person acting in the office
  89. 63Power to amend and revoke instruments, etc
  90. 64Appointments
  91. 65Removal from office
  92. 66Resignations
  93. Part EDULE TO THE CONSTITUTION: FORMS OF OATHS AND AFFIRMATIONS
  94. 1Paragraph 1
  95. 2Paragraph 2
  96. 3Paragraph 3
  97. 4Paragraph 4
  98. Explanatory note