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The Virgin Islands Constitution Order 2007

S.I. 2007/1678 · Made 13 June 2007

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caribbean and north atlantic territories

Made 13th June 2007

Laid before Parliament 14th June 2007

Coming into force in accordance with section 1(2)

At the Court at Buckingham Palace, the 13th day of June 2007

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 5 and 7 of the West Indies Act 1962f1 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

1962 c. 19.

Contents

  1. 1Citation, commencement and establishment of Constitution
  2. THE CONSTITUTION OF THE VIRGIN ISLANDSPart THE CONSTITUTION OF THE VIRGIN ISLANDS
  3. Chapter 1: INTERPRETATION
  4. 2Interpretation
  5. 3References to public office
  6. 4Appointments
  7. 5Re-election or reappointment
  8. 6Removal from office
  9. 7Resignation
  10. 8Power to amend or revoke instruments
  11. Chapter 2: FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
  12. 9Fundamental rights and freedoms of the individual
  13. 10Interpretation of Chapter 2
  14. 11Protection of right to life
  15. 12Equality before the law
  16. 13Protection from inhuman treatment
  17. 14Protection from slavery and forced labour
  18. 15Protection of right to personal liberty
  19. 16Provisions to secure protection of law
  20. 17Protection of right of prisoners to humane treatment
  21. 18Protection of freedom of movement
  22. 19Protection of private and family life and privacy of home and other property
  23. 20Protection of the right to marry and found a family
  24. 21Protection of freedom of conscience
  25. 22Protection of the right to education
  26. 23Protection of freedom of expression
  27. 24Protection of freedom of assembly and association
  28. 25Protection from deprivation of property
  29. 26Protection from discrimination
  30. 27Provisions for periods of public emergency
  31. 28Protection of persons detained under emergency laws
  32. 29Protection of the environment
  33. 30Protection of children
  34. 31Enforcement of protective provisions
  35. 32Proceedings which might affect freedom of conscience
  36. 33Proceedings which might affect freedom of expression
  37. 34Establishment of a Human Rights Commission
  38. Chapter 3: THE GOVERNOR
  39. 35Governor
  40. 36Deputy Governor
  41. 37Acting Governor
  42. 38Functions of Deputy Governor
  43. 39Deputy to Governor
  44. 40Exercise of Governor’s functions
  45. 41Crown lands
  46. 42Powers to constitute offices and make appointments, etc
  47. 43Powers of pardon, etc
  48. 44Advisory Committee on the Prerogative of Mercy
  49. 45The public seal
  50. Chapter 4: THE EXECUTIVE
  51. 46Executive authority of the Virgin Islands
  52. 47Cabinet
  53. 48Meetings of the Cabinet
  54. 49Proceedings in the Cabinet
  55. 50Summoning of persons to the Cabinet
  56. 51Cabinet Secretary
  57. 52Appointment of Ministers
  58. 53Tenure of office of Ministers
  59. 54Absence of Ministers from the Virgin Islands
  60. 55Performance of functions of Premier in certain events
  61. 56Assignment of responsibilities to Ministers
  62. 57National Security Council
  63. 58Attorney General
  64. 59Director of Public Prosecutions
  65. 60Governor’s special responsibilities
  66. 61Oaths and affirmations
  67. Chapter 5: THE LEGISLATURE
  68. Composition
  69. 62Composition of Legislature
  70. 63House of Assembly
  71. 64Elected members
  72. 65Qualifications for elected membership
  73. 66Disqualifications for elected membership
  74. 67Tenure of seats of members of House of Assembly
  75. 68Qualifications of voters
  76. 69Speaker and Deputy Speaker
  77. 70Leader of the Opposition
  78. Powers and Procedure
  79. 71Power to make laws
  80. 72Standing Orders
  81. 73Oaths and affirmations
  82. 74Presiding in the House of Assembly
  83. 75Voting
  84. 76Validity of proceedings
  85. 77Quorum
  86. 78Introduction of Bills, etc
  87. 79Assent to Bills
  88. 80Disallowance of laws
  89. 81Governor’s reserved power
  90. 82Privileges, immunities and powers of House of Assembly
  91. Miscellaneous
  92. 83Sessions of House of Assembly
  93. 84Prorogation and dissolution
  94. 85Recalling dissolved House of Assembly in case of emergency
  95. 86General elections
  96. 87Determination of questions as to membership
  97. 88Penalty for unauthorised sitting or voting
  98. Chapter 6: THE JUDICATURE
  99. 89Eastern Caribbean Supreme Court
  100. 90Subordinate courts and tribunals
  101. Chapter 7: THE PUBLIC SERVICE
  102. Public Service - General
  103. 91Public Service Commission
  104. 92Power to appoint, etc, to public office
  105. 93Teaching Service Commission
  106. 94Judicial and Legal Services Commission
  107. 95Power to appoint, etc, to legal offices
  108. 96Police Service Commission
  109. 97Power to appoint, etc, to offices in the Police Force
  110. 98Legislation regarding Commissions
  111. Pensions
  112. 99Applicability of pension law
  113. 100Pensions, etc, charged on Consolidated Fund or Pension Fund
  114. 101Grant and withholding of pensions, etc
  115. Chapter 8: FINANCE
  116. 102Consolidated Fund
  117. 103Withdrawal of money from Consolidated Fund or other public funds
  118. 104Authorisation of expenditure
  119. 105Authorisation of expenditure in advance of appropriation
  120. 106Contingencies Fund
  121. 107Public debt
  122. 108Remuneration of certain officers
  123. 109The Auditor General
  124. Chapter 9: THE COMPLAINTS COMMISSIONER AND REGISTER OF INTERESTS
  125. 110The Complaints Commissioner
  126. 111Functions of Complaints Commissioner
  127. 112Registration of interests
  128. Chapter 10: TRANSITIONAL AND MISCELLANEOUS
  129. 113Meaning of the appointed day
  130. 114Revocations
  131. 115Existing laws
  132. 116Existing offices and officers
  133. 117Standing Orders
  134. 118Elections
  135. 119Power reserved to Her Majesty
  136. Signature
  137. Schedule 1: FORMS OF OATHS AND AFFIRMATIONS
  138. 1Paragraph 1
  139. 2Paragraph 2
  140. 3Paragraph 3
  141. 4Paragraph 4
  142. Schedule 2REVOCATIONS
  143. Explanatory note