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The St Helena, Ascension and Tristan da Cunha Constitution Order 2009

S.I. 2009/1751 · Made 8 July 2009 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 21 July 2021.

South Atlantic Territories

Made 8th July 2009

Laid before Parliament 15th July 2009

Coming into force in accordance with section 1(3)

At the Court at Buckingham Palace, the 8th day of July 2009

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 112 of the Saint Helena Act 1833f1, the British Settlements Acts 1887 and 1945f2 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

1833 c.85.

f2

1887 c.54 and 1945 c.7.

Contents

  1. 1Citation, publication and commencement
  2. 2Interpretation
  3. 3Revocations
  4. 4Change of name and establishment of Constitution
  5. 5Existing laws
  6. 6Existing offices and officers
  7. 7Legislative Council, Council Committees and Executive Council
  8. 8Standing Orders
  9. 9Remuneration of certain office-holders
  10. 10Chief Auditor for St Helena
  11. 11Island Council of Ascension
  12. 12Island Council of Tristan da Cunha
  13. 13Pending legal proceedings
  14. 14Power reserved to Her Majesty
  15. Signature
  16. Schedule: THE CONSTITUTION OF ST HELENA, ASCENSION AND TRISTAN DA CUNHA
  17. PREAMBLEPart PREAMBLE
  18. 1Application of this Constitution
  19. Part CHAPTER 1: ST HELENA
  20. Chapter PART 1: PARTNERSHIP VALUES
  21. 2The partnership values
  22. 3Relationships between St Helena, Ascension and Tristan da Cunha
  23. 4Duty to give effect to the partnership values
  24. Chapter PART 2: FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
  25. 5Fundamental rights and freedoms of the individual
  26. 6Protection of right to life
  27. 7Protection from inhuman treatment
  28. 8Protection from slavery and forced labour
  29. 9Protection of right to personal liberty
  30. 10Provisions to secure a fair trial
  31. 11Protection of right of prisoners to humane treatment
  32. 12Protection of freedom of movement
  33. 13Protection for private and family life and for privacy of home and other property
  34. 14Protection of right to marry, and of spouses’ and children’s rights
  35. 15Protection of freedom of conscience
  36. 16Protection of right to education
  37. 17Protection of freedom of expression
  38. 18Protection of freedom of assembly and association
  39. 19Protection from deprivation of property
  40. 20Protection from arbitrary deprivation of St Helenian status or of British citizenship
  41. 21Protection from discrimination
  42. 22Derogations from fundamental rights and freedoms under emergency powers
  43. 23Protection of persons detained under emergency laws
  44. 24Enforcement of protective provisions
  45. 25Application of this Part to the members of a disciplined force
  46. Chapter PART 3: THE GOVERNOR
  47. 26The Governor
  48. 27Acting Governor
  49. 28Governor’s Deputy
  50. 29Powers of pardon, etc.
  51. 30Advisory Committee on the Prerogative of Mercy
  52. 31Powers to dispose of land
  53. 32Public seal
  54. 33Constitution of offices
  55. Chapter PART 4: THE EXECUTIVE
  56. 34Executive authority
  57. 35Executive Council
  58. 36Collective responsibility
  59. 36AMinisters may meet together to consider advice to be tendered to the Governor
  60. 37Election of Chief Minister
  61. 37AChief Minister elect to recommend the appointment of the other Ministers
  62. 37BAllocation of portfolios
  63. 37CAppointment of Chief Minister and other Ministers after election of a Chief Minister
  64. 37DAppointment and dismissal of Ministers (other than the Chief Minister) and allocation of portfolios at other times
  65. 37EVacation of office by the Chief Minister
  66. 37FActing Chief Minister and appointment of Deputy
  67. 37GVacation of office by a Minister other than the Chief Minister
  68. 37HActing Minister
  69. 38Determination of questions as to election of Chief Minister
  70. 39Summoning of and proceedings in Executive Council
  71. 40Invitation of persons to assist Executive Council Repealed
  72. 41Presiding in Executive Council Repealed
  73. 42Secretary to Executive Council
  74. 43Governor to consult Executive Council
  75. 44Governor’s special responsibilities
  76. 45Governor to be kept informed
  77. 45AA Minister’s responsibility for a department
  78. 45BVotes of confidence or no confidence in the Government
  79. 46The Attorney General
  80. Chapter PART 5: THE LEGISLATURE
  82. 47The Legislature
  83. 48Composition of Legislative Council
  84. 49Qualifications of candidates for election to Legislative Council
  85. 50Law as to elections
  86. 51Tenure of office of Elected Members of Legislative Council
  87. 52Determination of questions as to elected membership of Legislative Council
  88. 53Register of Interests
  89. 54Oaths or affirmations by Members of Legislative Council
  90. 55Speaker and Deputy Speaker
  92. 56Council Committees Repealed
  93. 57Tenure of office of members of Council Committees Repealed
  94. 58Functions of Council Committees Repealed
  95. 59Rules of procedure and meetings of Council Committees Repealed
  97. 60Power to make laws
  98. 61Meetings of Legislative Council
  99. 62Presiding in Legislative Council or otherwise discharging the functions of Speaker
  100. 63Legislative Council may transact business notwithstanding vacancies
  101. 64Quorum
  102. 65Governor’s right to address Legislative Council
  103. 66Power to require officers of the St Helena Public Service to attend meetings
  104. 67Voting
  105. 68Standing Orders
  106. 69Public Accounts Committee
  107. 69ASelect Committees
  108. 70Privileges
  109. 71Code of Conduct
  110. 72Remuneration of Chief Minister, other Ministers, other Elected Members of Legislative Council, Speaker and Deputy Speaker
  111. 73Introduction of Bills
  112. 74Assent to Bills
  113. 75Disallowance of laws
  114. 76Dissolution of Legislative Council
  115. 77Recalling dissolved Legislative Council in case of emergency
  116. 78General elections and bye-elections
  117. 79The Clerk of Councils
  118. Chapter PART 6: THE ADMINISTRATION OF JUSTICE
  119. 80The Courts of St Helena
  120. 81Independence of the judiciary
  122. 82Constitution of Supreme Court
  123. 83Sittings of Supreme Court
  124. 84Judges of Supreme Court
  125. 85Exercise of jurisdiction of Supreme Court
  127. 86Constitution of Court of Appeal
  128. 87Jurisdiction of Court of Appeal
  129. 88Practice and procedure on appeals
  131. 89Rules of Court
  132. 90Appointment of judges and judicial officers
  133. 91Tenure of office of judges and judicial officers
  134. 92Remuneration
  135. 93Removal from office
  136. 94Judicial Service Commission
  137. Chapter PART 7: PUBLIC SERVICE
  138. 95Appointment etc of officers of St Helena Public Service
  139. 96Terms and conditions of employment
  140. Chapter PART 8: PUBLIC FINANCE
  141. 97Taxation
  142. 98Consolidated Fund
  143. 99Withdrawal from Consolidated Fund or other public account
  144. 100Annual Estimates
  145. 101Appropriation Bill
  146. 102Authorisation of expenditure in advance of appropriation
  147. 103Special Warrants
  148. 104Withdrawal Warrants
  149. 105Supplementary Estimates
  150. 106Excess expenditure
  151. 107Lapse of appropriations
  152. 108Public debt
  153. 109Annual statement of accounts
  154. 109AFinancial Secretary
  155. 110The Chief Auditor
  156. 111Functions of Chief Auditor
  157. 112Borrowing or lending by Government of St Helena
  158. Chapter PART 9: COMPLAINTS COMMISSIONER
  159. 113Complaints Commissioner
  160. 114Functions of Complaints Commissioner
  161. Chapter PART 10: MISCELLANEOUS
  162. 115Interpretation
  163. 116References to the holder of an office to include a person acting in the office
  164. 117Power to amend and revoke instruments, etc
  165. 118Appointments
  166. 119Removal from office
  167. 120Resignations
  168. Part CHAPTER 2: ASCENSION
  169. Chapter PART 1: PARTNERSHIP VALUES
  170. 121The partnership values
  171. Chapter PART 2: FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
  172. 122Fundamental rights and freedoms of the individual
  173. 123Protection of right to life
  174. 124Protection from inhuman treatment
  175. 125Protection from slavery and forced labour
  176. 126Protection of right to personal liberty
  177. 127Provisions to secure a fair trial
  178. 128Protection of right of prisoners to humane treatment
  179. 129Protection for private and family life and for privacy of home and other property
  180. 130Protection of right to marry, and of spouses’ and children’s rights
  181. 131Protection of freedom of conscience
  182. 132Protection of right to education
  183. 133Protection of freedom of expression
  184. 134Protection of freedom of assembly and association
  185. 135Protection from deprivation of property
  186. 136Protection from arbitrary deprivation of St Helenian status or of British citizenship
  187. 137Protection from discrimination
  188. 138Derogations from fundamental rights and freedoms under emergency powers
  189. 139Protection of persons detained under emergency laws
  190. 140Enforcement of protective provisions
  191. 141Application of this Part to the members of a disciplined force
  192. 142Saving for certain treaties
  193. Chapter PART 3: THE GOVERNOR
  194. 143The Governor
  195. 144Powers of pardon, etc
  196. 145Powers to dispose of land
  197. 146Public seal
  198. 147Constitution of offices
  199. Chapter PART 4: THE EXECUTIVE
  200. 148Executive authority
  201. 149Island Council
  202. 150Attorney General
  203. Chapter PART 5: THE LEGISLATURE
  204. 151Power to make laws
  205. 152Disallowance of laws
  206. Chapter PART 6: THE ADMINISTRATION OF JUSTICE
  207. 153The Courts of Ascension
  208. 154Independence of the judiciary
  209. Supreme Court
  210. 155Jurisdiction of Supreme Court
  211. 156Sittings of Supreme Court
  212. 157Exercise of jurisdiction of Supreme Court
  213. Court of Appeal
  214. 158Jurisdiction of Court of Appeal
  215. 159Practice and procedure on appeals
  216. General
  217. 160Rules of Court
  218. 161Judicial officers
  219. 162Ascension Judicial Service Commission
  220. Chapter PART 7: PUBLIC SERVICE
  221. 163Appointment etc of officers of Ascension Public Service
  222. 164Terms and conditions of employment
  223. Chapter PART 8: PUBLIC FINANCE
  224. 165Taxation
  225. 166Consolidated Fund
  226. 167Withdrawal from Consolidated Fund or other public account
  227. 168Annual Estimates
  228. 169Draft Appropriation Ordinance
  229. 170Authorisation of expenditure in advance of appropriation
  230. 171Special Warrants
  231. 172Withdrawal Warrants
  232. 173Supplementary Estimates
  233. 174Excess expenditure
  234. 175Lapse of appropriations
  235. 176Public debt
  236. 177Annual statement of accounts
  237. 178Audit
  238. 179Borrowing or lending by Government of Ascension
  239. Chapter PART 9: MISCELLANEOUS
  240. 180Interpretation
  241. 181References to the holder of an office to include a person acting in the office
  242. 182Power to amend and revoke instruments, etc
  243. 183Appointments
  244. 184Removal from office
  245. 185Resignations
  246. Part CHAPTER 3: TRISTAN DA CUNHA
  247. Chapter PART 1: PARTNERSHIP VALUES
  248. 186The partnership values
  249. Chapter PART 2: FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
  250. 187Fundamental rights and freedoms of the individual
  251. 188Protection of right to life
  252. 189Protection from inhuman treatment
  253. 190Protection from slavery and forced labour
  254. 191Protection of right to personal liberty
  255. 192Provisions to secure a fair trial
  256. 193Protection of right of prisoners to humane treatment
  257. 194Protection of freedom of movement
  258. 195Protection for private and family life and for privacy of home and other property
  259. 196Protection of right to marry, and of spouses’ and children’s rights
  260. 197Protection of freedom of conscience
  261. 198Protection of right to education
  262. 199Protection of freedom of expression
  263. 200Protection of freedom of assembly and association
  264. 201Protection from deprivation of property
  265. 202Protection from arbitrary deprivation of right of abode in Tristan da Cunha or of British citizenship
  266. 203Protection from discrimination
  267. 204Derogations from fundamental rights and freedoms under emergency powers
  268. 205Protection of persons detained under emergency laws
  269. 206Enforcement of protective provisions
  270. 207Application of this Part to the members of a disciplined force
  271. Chapter PART 3: THE GOVERNOR
  272. 208The Governor
  273. 209Powers of pardon, etc
  274. 210Powers to dispose of land
  275. 211Public seal
  276. 212Constitution of offices
  277. Chapter PART 4: THE EXECUTIVE
  278. 213Executive authority
  279. 214Island Council
  280. 215Attorney General
  281. Chapter PART 5: THE LEGISLATURE
  282. 216Power to make laws
  283. 217Disallowance of laws
  284. Chapter PART 6: THE ADMINISTRATION OF JUSTICE
  285. 218The Courts of Tristan da Cunha
  286. 219Independence of the judiciary
  288. 220Jurisdiction of Supreme Court
  289. 221Sittings of Supreme Court
  290. 222Exercise of jurisdiction of Supreme Court
  292. 223Jurisdiction of Court of Appeal
  293. 224Practice and procedure on appeals
  295. 225Rules of Court
  296. Chapter PART 7: PUBLIC SERVICE
  297. 226Appointments etc of officers of Tristan da Cunha Public Service
  298. 227Terms and conditions of employment
  299. Chapter PART 8: AUDIT
  300. 228Audit
  301. Chapter PART 9: MISCELLANEOUS
  302. 229Interpretation
  303. 230References to the holder of an office to include a person acting in the office
  304. 231Power to amend and revoke instruments, etc
  305. 232Appointments
  306. 233Removal from office
  307. 234Resignations
  308. Part EDULE TO THE CONSTITUTION: FORMS OF OATHS AND AFFIRMATIONS
  309. 1Paragraph 1
  310. 2Paragraph 2
  311. 3Paragraph 3
  312. 4Paragraph 4 Repealed
  313. 5Paragraph 5
  314. 6Paragraph 6
  315. Explanatory note