Revocations and Amendments

STATUTORY INSTRUMENTS

No. 1455

CARIBBEAN AND NORTH ATLANTIC

TERRITORIES

The Barbados Independence Order 1966

Made 22nd November 1966

Laid before Parliament 22nd November 1966

Coming into Operation 30th November 1966

At the Court at Buckingham Palace, the 22nd day of November 1966

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers vested in Her by section 5 of the Barbados Independence Act 1966 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation commencement and construction

1. 1. This Order may be cited as the Barbados Independence Order 1966.

2. This order shall come into operation on 30th November 1966 (in this Order referred to as " the appointed day"):

Provided that the Governor may at any time after 22nd November 1966 exercise any of the powers conferred upon the Governor General by sections 4(3) and 10(1) of this Order and sections 60(1), 89(2), 90(1) and 91(1) of the Constitution set out in the Schedule to this Order (in this Order referred to as " the Constitution") to such extent as any, in his opinion, be necessity or expedient to enable the Constitution to function as from the appointed day.

3. For the purposes of the exercise by the Governor under the proviso to subsection (2) of the powers conferred by the said sections 89(2), 90(1) and 91(1), the references therein to the Prime Minister and the Leader of the Opposition shall be construed as if they were references respectively to the Premier and to the Leader of the Opposition as defined for the purposes of Schedule 2 to the Barbados (Letters Patent Consolidation) Order 1964(b); and the other powers referred to in that proviso shall be exercised by the Governor acting in accordance with the advice of the Premier.

4. Save where the context otherwise requires, expressions used in sections 1 to 12 of this Order have the same meaning as in the Constitution and the provisions of section 117 of the Constitution shall apply for the purposes of interpreting those sections as they apply for the purposes of interpreting those sections as they apply for the purposes of interpreting the Constitution.

Revocations and Amendments

2. 1. The Barbados (Letters Patent Consolidation) Order 1964 (in this Order referred to as " the existing Order") is revoked; but the revocation of the existing Order shall not affect the operation on and after the appointed day of any law made or having effect as if made in pursuance of the existing Order and having effect as part of the law of Barbados immediately before the appointed day (including any law made before the appointed day and coming into operation on or after that day).

2. The British Caribbean Court of Appeal Order in Council 1962(a) (as amended by the British Caribbean Court of Appeal (Amendment) (No. 2) Order in Council 1962(b)) is amended by the deletion of the words " and the Chief Judge and other judges of the Island of Barbados" in paragraph (b) of article 3(1) (which specifies the judges of which the Court consists):

Provided that, if provision is made by an order paragraph (b) of section 10(1) or by any other law for the continuance on or after the appointed day before the British Caribbean Court of Appeal of any such pending appeals as are mentioned in that paragraph, the, for the purposes of such appeals, Barbados shall continue to be a Territory for the purposes of the first mentioned Order and the Chief Justice and other Judges of the Supreme Court of Barbados shall be members of the Court ex officio.

3. The West Indies (Dissolution and Interim Commissioner) Order in Council 1962(c) is amended by the deletion of sub-paragraph(b) (which specifies Barbados) of the definition of " the territories" in article 2(1); but nothing in this subsection shall affect the operation on and after the appointed day of any law having effect as part of the law of Barbados immediately before that day by virtue of the provisions of article 15 or 16 of that Order.