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Paragraph 61 Interpretation

Original text. Later amendments are not shown.

In this Constitution, unless it is otherwise provided or required by the context—

  • “breach”, in relation to any provision of this Constitution, includes a failure to comply with that provision, and cognate expressions shall be construed accordingly;

  • “court” means any subordinate court, the Supreme Court or the Court of Appeal, and includes Her Majesty in Council;

  • “Court of Appeal” means the Pitcairn Court of Appeal established by section 49;

  • “functions” includes powers and duties;

  • “Island Council” means the Island Council of Pitcairn established by section 34;

  • “judge” means the Chief Justice or another judge of the Supreme Court, the President of the Court of Appeal, a Justice of Appeal, or an acting judge of the Supreme Court;

  • “judicial officer” means a magistrate, an island magistrate, a judge of a subordinate court or any other person who is authorised to exercise the powers of such a judge, a registrar of the Supreme Court or a registrar of the Court of Appeal;

  • “law” means law in force in Pitcairn, and “lawful” and “lawfully” shall be construed accordingly;

  • “minor” means a person who has not attained the age of eighteen years or such other age as may be prescribed for the purposes of this Constitution by any other law;

  • “officer of the Pitcairn Public Service” means the holder of any office in the Pitcairn Public Service and any other employee of the Public Service (except a casual worker), and includes a person appointed to act as an officer of the Pitcairn Public Service;

  • “Ordinance” means a law made by the Governor in respect of Pitcairn;

  • “period of public emergency” means any period during which—

    1. (a)

      there is, in or affecting Pitcairn, a war or other public emergency threatening the life of the nation; and

    2. (b)

      a proclamation of a state of emergency is in force under a law;

  • “Pitcairn” means Pitcairn, Henderson, Ducie and Oeno Islands;

  • “Pitcairn Public Service” means the service of the Crown in a civil capacity in respect of the government of Pitcairn, and includes service as a member of any police force, prison service or fire service of Pitcairn; but does not include service as a judge or judicial officer or service as a member of the Island Council, any committee of the Council or, unless otherwise provided by a law, of any other public authority;

  • “subordinate court” means a court of Pitcairn subordinate to the Supreme Court that has been established by law;

  • “Supreme Court” means the Pitcairn Supreme Court established by section 45.