Statutory Instrument 1989 No. 842

The British Antarctic Territory Order 1989

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© Crown Copyright 1989

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1989 No. 842

SOUTH ATLANTIC TERRITORIES

The British Antarctic Territory Order 1989

At the Court at Buckingham Palace, the 16th day of May 1989

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by the British Settlements Acts 1887 and 1945^[1] or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement.
    1.    This Order may be cited as the British Antarctic Territory Order 1989 and shall come into force on 1st July 1989.

Interpretation.
    2.    In this Order-
"the British Antarctic Territory" means all islands and territories whatsoever between the 20th degree of west longitude and the 80th degree of west longitude which are situated south of the 60th parallel of south latitude;
"the existing Orders" means the British Antarctic Territory Order in Council 1962^[2] and the British Antarctic Territory (Amendment) Order 1964^[3];
"the Territory" means the British Antarctic Territory.

Revocations.
    3.    The existing Orders and the British Antarctic Territory Royal Instructions 1962^[4] are revoked.

Establishment of office of Commissioner.
    4.    There shall be a Commissioner for the Territory who shall be appointed by Her Majesty by instructions given through a Secretary of State and shall hold office during Her Majesty's pleasure.

Functions of Commissioner.
    5.    The Commissioner shall have such functions as are conferred upon him by or under this Order or any other law, and such other functions as Her Majesty may from time to time be pleased to assign to him, and, subject to the provisions of this Order and any other law by which any such functions are conferred, shall do or execute all things that belong to his office according to such instructions, if any, as Her Majesty may from time to time see fit to give him.

Oaths to be taken by Commissioner.
    6.    A person appointed to hold the office of Commissioner shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and an oath for the due execution of his office in the form set out in Schedule 1 to this Order.

Discharge of Commissioner's functions during vacancy, etc.
    7.—(1)  Whenever the office of Commissioner is vacant or the Commissioner is for any reason unable to perform the functions of his office, those functions shall be performed by such person as Her Majesty may designate in that behalf by instructions given through a Secretary of State.

    (2)  Before any person enters upon the performance of the functions of the office of Commissioner under this section he shall take and subscribe the oaths directed by section 6 of this Order to be taken by a person appointed to the office of Commissioner.

    (3)  For the purposes of this section the Commissioner shall not be regarded as unable to perform the functions of his office at any time when an officer is discharging those functions under section 8 of this Order.

Discharge of Commissioner's functions by deputy.
    8.—(1)  The Commissioner may, by Instrument under the Public Seal of the Territory, authorise a fit and proper person to discharge for and on behalf of the Commissioner on such occasions and subject to such exceptions and conditions as may be specified in that Instrument such of the functions of the office of Commissioner as may be specified in that Instrument.

    (2)  The powers and authority of the Commissioner shall not be affected by any authority given to such person under this section otherwise than as Her Majesty may at any time think proper to direct, and such person shall conform to and observe such instructions relating to the discharge by him of any of the functions of the office of Commissioner as the Commissioner may from time to time address to him.

    (3)  Any authority given under this section may at any time be varied or revoked by Her Majesty by instructions given through a Secretary of State or by the Commissioner by Instrument under the Public Seal.

Public Seal.
    9.    There shall be a Public Seal for the Territory. The Commissioner shall keep and use the Public Seal for sealing all things whatsoever that shall pass the said Seal.

Constitution of offices.
    10.    The Commissioner, in Her Majesty's name and on Her Majesty's behalf, may constitute offices for the Territory and, subject to any law in force in the Territory and to such instructions as may from time to time be given to him by Her Majesty through a Secretary of State, the Commissioner may likewise-
 (a) make appointments, to be held during Her Majesty's pleasure, to any office so constituted; and
 (b) dismiss any person so appointed or take such other disciplinary action in relation to him as the Commissioner may think fit.

Concurrent appointments.
    11.    Whenever the substantive holder of any office constituted by or under this Order is on leave of absence pending relinquishment of his office-
 (a) another person may be appointed substantively to that office;
 (b) that other person shall, for the purpose of any function attaching to that office, be deemed to be the sole holder of that office.

Power of pardon, etc.
    12.    The Commissioner may, in Her Majesty's name and on Her Majesty's behalf-
 (a) grant to any person concerned in or convicted of any offence against any law in force in the Territory a pardon, either free or subject to lawful conditions; or
 (b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any such offence; or
 (c) substitute a less severe form of punishment for any punishment imposed on that person for any such offence; or
 (d) remit the whole or any part of any punishment imposed on that person for any such offence or of any penalty or forfeiture otherwise due to Her Majesty on account of any such offence.

Power to make laws.
    13.—(1)  The Commissioner may make laws, to be styled Ordinances, for the peace, order and good government of the Territory.

    (2)  Subject to any instructions from time to time given by Her Majesty through a Secretary of State, the Commissioner shall in the making of Ordinances observe, so far as practicable, the rules set out in Schedule 2 to this Order:
Provided that the validity or effect of an Ordinance made by the Commissioner shall not be called in question by reason of the non-observance of any such rule.


    (3)  All Ordinances made by the Commissioner in exercise of the powers conferred by this Order shall be published in the Official Gazette for the Territory and in such manner and at such place or places in the Territory as the Commissioner may from time to time direct.

    (4)  Every such Ordinance shall come into operation on the date on which it is published in accordance with subsection (3) of this section unless it is provided, either in such Ordinance or in some other enactment, that it shall come into operation on some other date, in which case it shall come into operation on that date.

Disallowance of Ordinances.
    14.—(1)  Any Ordinance made by the Commissioner in exercise of the powers conferred by this Order may be disallowed by Her Majesty through a Secretary of State.

    (2)  Whenever any Ordinance has been disallowed by Her Majesty, the Commissioner shall cause notice of such disallowance to be published in the Official Gazette for the Territory and in such manner and at such place or places in the Territory as the Commissioner may from time to time direct.

    (3)  Every Ordinance so disallowed shall cease to have effect as soon as notice of disallowance has been published as aforesaid; and thereupon any enactment repealed or amended by, or in pursuance of, the Ordinance so disallowed shall have effect as if such Ordinance had not been made, and, subject thereto, the provisions of section 16(1) of the Interpretation Act 1978^[5] shall apply to such disallowance as they apply to the repeal of an Act of Parliament.

Establishment of courts.
    15.—(1)  The Commissioner may, by an Ordinance made under section 13 of this Order, establish such courts of justice for the Territory as he may think fit and may make such provision as he may think fit respecting the jurisdiction and powers of any such court, the proceedings in any such court, and the enforcement and execution of, and appeals from, the judgments, decrees, orders and sentences of any such court given or made in the exercise of such jurisdiction and powers.

    (2)  A court established under this section shall sit in such place or places in the Territory as the Commissioner may appoint:
Provided that it may also sit in the United Kingdom, or in such place or places within any other colony as the Commissioner, acting with the concurrence of the Governor of such colony, may appoint, in which case it may exercise its jurisdiction and powers in like manner as if it were sitting within the Territory.


    (3)  The Commissioner may constitute all such judgeships and other offices as he may consider necessary for the purposes of this section and may make appointments to any office so established, and any person so appointed, unless otherwise provided by law, shall hold his office during Her Majesty's pleasure.

Disposal of land, etc.
    16.—(1)  Subject to any law in force in the Territory and to any instructions from time to time given to the Commissioner by Her Majesty through a Secretary of State, the Commissioner, in Her Majesty's name and on Her Majesty's behalf, may make and execute grants and dispositions of any lands or other immovable property within the Territory that may be lawfully granted or disposed of by Her Majesty.

    (2)  Before granting or disposing of any land or other immovable property belonging to Her Majesty within the Territory the Commissioner shall cause such reservations to be made therefrom as he may think necessary for any public purpose.

    (3)  The Commissioner shall not, directly or indirectly, purchase for himself any land or other immovable property within the Territory belonging to Her Majesty without the special permission of Her Majesty given through a Secretary of State.

Existing laws.
    17.—(1)  Subject to the provisions of this section, the existing laws shall continue to have effect in the Territory after the commencement of this Order and shall be read and construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Order.

    (2)  Any reference to the High Commissioner in any existing law shall, with effect from the commencement of this Order, be construed as a reference to the Commissioner.

    (3)  Subsections (1) and (2) of this section shall be without prejudice to any powers conferred upon the Commissioner by section 13 of this Order.

    (4)  For the purposes of this section "existing laws" means all Ordinances, Regulations, rules, orders and other instruments having effect as part of the law of the Territory immediately before the commencement of this Order.

Existing offices.
    18.—(1)  Any office established under the existing Orders and existing immediately before the commencement of this Order shall continue as if it had been established under this Order.

    (2)  Any person who immediately before the commencement of this Order holds or is acting in any office referred to in subsection (1) of this section shall continue to hold or act in that office as if he had been appointed to hold or act in it under this Order and had taken any oath required by law.

Consequential amendment.
    19.    The British Antarctic Territory Court of Appeal Order 1965^[6] shall have effect as if references therein to the High Commissioner were references to the Commissioner.

Power reserved to Her Majesty.
    20.    Her Majesty reserves to Herself power, with the advice of Her Privy Council, to make laws for the peace, order and good government of the Territory.

G. I. de Deney

Clerk of the Privy Council

[1] 1887 c. 54 and 1945 c. 7 (9 & 10 Geo. 6). back

[2] S.I. 1962/400. back

[3] S.I. 1964/1396. back

[4] S.I. 1962 I, p. 1036. back

[5] 1978 c. 30. back

[6] S.I. 1965/590. back

Explanatory Note