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Statutory Instruments

2007 No. 1678

caribbean and north atlantic territories

The Virgin Islands Constitution Order 2007

Made

13th June 2007

Laid before Parliament

14th June 2007

Coming into force in accordance with section 1(2)

Contents

Go to Preamble

  1. 1. Citation, commencement and establishment of Constitution

  2. THE CONSTITUTION OF THE VIRGIN ISLANDS

    1. CHAPTER 1

      INTERPRETATION

      1. 2. Interpretation

      2. 3. References to public office

      3. 4. Appointments

      4. 5. Re-election or reappointment

      5. 6. Removal from office

      6. 7. Resignation

      7. 8. Power to amend or revoke instruments

    2. CHAPTER 2

      FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

      1. 9. Fundamental rights and freedoms of the individual

      2. 10. Interpretation of Chapter 2

      3. 11. Protection of right to life

      4. 12. Equality before the law

      5. 13. Protection from inhuman treatment

      6. 14. Protection from slavery and forced labour

      7. 15. Protection of right to personal liberty

      8. 16. Provisions to secure protection of law

      9. 17. Protection of right of prisoners to humane treatment

      10. 18. Protection of freedom of movement

      11. 19. Protection of private and family life and privacy of home and other property

      12. 20. Protection of the right to marry and found a family

      13. 21. Protection of freedom of conscience

      14. 22. Protection of the right to education

      15. 23. Protection of freedom of expression

      16. 24. Protection of freedom of assembly and association

      17. 25. Protection from deprivation of property

      18. 26. Protection from discrimination

      19. 27. Provisions for periods of public emergency

      20. 28. Protection of persons detained under emergency laws

      21. 29. Protection of the environment

      22. 30. Protection of children

      23. 31. Enforcement of protective provisions

      24. 32. Proceedings which might affect freedom of conscience

      25. 33. Proceedings which might affect freedom of expression

      26. 34. Establishment of a Human Rights Commission

    3. CHAPTER 3

      THE GOVERNOR

      1. 35. Governor

      2. 36. Deputy Governor

      3. 37. Acting Governor

      4. 38. Functions of Deputy Governor

      5. 39. Deputy to Governor

      6. 40. Exercise of Governor’s functions

      7. 41. Crown lands

      8. 42. Powers to constitute offices and make appointments, etc

      9. 43. Powers of pardon, etc

      10. 44. Advisory Committee on the Prerogative of Mercy

      11. 45. The public seal

    4. CHAPTER 4

      THE EXECUTIVE

      1. 46. Executive authority of the Virgin Islands

      2. 47. Cabinet

      3. 48. Meetings of the Cabinet

      4. 49. Proceedings in the Cabinet

      5. 50. Summoning of persons to the Cabinet

      6. 51. Cabinet Secretary

      7. 52. Appointment of Ministers

      8. 53. Tenure of office of Ministers

      9. 54. Absence of Ministers from the Virgin Islands

      10. 55. Performance of functions of Premier in certain events

      11. 56. Assignment of responsibilities to Ministers

      12. 57. National Security Council

      13. 58. Attorney General

      14. 59. Director of Public Prosecutions

      15. 60. Governor’s special responsibilities

      16. 61. Oaths and affirmations

    5. CHAPTER 5

      THE LEGISLATURE

      1. Composition

        1. 62. Composition of Legislature

        2. 63. House of Assembly

        3. 64. Elected members

        4. 65. Qualifications for elected membership

        5. 66. Disqualifications for elected membership

        6. 67. Tenure of seats of members of House of Assembly

        7. 68. Qualifications of voters

        8. 69. Speaker and Deputy Speaker

        9. 70. Leader of the Opposition

      2. Powers and Procedure

        1. 71. Power to make laws

        2. 72. Standing Orders

        3. 73. Oaths and affirmations

        4. 74. Presiding in the House of Assembly

        5. 75. Voting

        6. 76. Validity of proceedings

        7. 77. Quorum

        8. 78. Introduction of Bills, etc

        9. 79. Assent to Bills

        10. 80. Disallowance of laws

        11. 81. Governor’s reserved power

        12. 82. Privileges, immunities and powers of House of Assembly

      3. Miscellaneous

        1. 83. Sessions of House of Assembly

        2. 84. Prorogation and dissolution

        3. 85. Recalling dissolved House of Assembly in case of emergency

        4. 86. General elections

        5. 87. Determination of questions as to membership

        6. 88. Penalty for unauthorised sitting or voting

    6. CHAPTER 6

      THE JUDICATURE

      1. 89. Eastern Caribbean Supreme Court

      2. 90. Subordinate courts and tribunals

    7. CHAPTER 7

      THE PUBLIC SERVICE

      1. Public Service - General

        1. 91. Public Service Commission

        2. 92. Power to appoint, etc, to public office

        3. 93. Teaching Service Commission

        4. 94. Judicial and Legal Services Commission

        5. 95. Power to appoint, etc, to legal offices

        6. 96. Police Service Commission

        7. 97. Power to appoint, etc, to offices in the Police Force

        8. 98. Legislation regarding Commissions

      2. Pensions

        1. 99. Applicability of pension law

        2. 100. Pensions, etc, charged on Consolidated Fund or Pension Fund

        3. 101. Grant and withholding of pensions, etc

    8. CHAPTER 8

      FINANCE

      1. 102. Consolidated Fund

      2. 103. Withdrawal of money from Consolidated Fund or other public funds

      3. 104. Authorisation of expenditure

      4. 105. Authorisation of expenditure in advance of appropriation

      5. 106. Contingencies Fund

      6. 107. Public debt

      7. 108. Remuneration of certain officers

      8. 109. The Auditor General

    9. CHAPTER 9

      THE COMPLAINTS COMMISSIONER AND REGISTER OF INTERESTS

      1. 110. The Complaints Commissioner

      2. 111. Functions of Complaints Commissioner

      3. 112. Registration of interests

    10. CHAPTER 10

      TRANSITIONAL AND MISCELLANEOUS

      1. 113. Meaning of the appointed day

      2. 114. Revocations

      3. 115. Existing laws

      4. 116. Existing offices and officers

      5. 117. Standing Orders

      6. 118. Elections

      7. 119. Power reserved to Her Majesty

    1. SCHEDULE 1

      FORMS OF OATHS AND AFFIRMATIONS

    2. SCHEDULE 2

      REVOCATIONS

Go to Explanatory Note

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 1962(1) 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:

Citation, commencement and establishment of Constitution

1.—(1) This Order may be cited as the Virgin Islands Constitution Order 2007.

(2) This Order shall come into force on the day on which the Legislative Council of the Virgin Islands is dissolved next following the day on which this Order is made, which day is in this Order referred to as “the appointed day”.

(3) On the appointed day the following provisions of this Order shall have effect as the Constitution of the Virgin Islands; but until the day after the polling in the first general election in the Virgin Islands after the appointed day—

(a) the office of Premier shall continue to be called Chief Minister;

(b) the Cabinet shall continue to be called the Executive Council; and

(c) no person shall be appointed to the office of Cabinet Secretary.

(1)

1962 c. 19. Back [1]

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