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The St. Helena Constitution Order 1988

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Governor may confer functions on Council Committees.

26.—(1) The Governor may by order published in the Gazette declare that, subject to such limitations and conditions as may be specified in the order, any of the powers conferred or duties imposed on the Governor or on any authority, as the case may be, under the provisions of any local enactment, may be exercised or shall be performed by a Council Committee.

(2) Where, by virtue of a declaration made under subsection (1) of this section, any power may be exercised or any duty is to be performed by a Council Committee, then–

(a)the Governor or, as the case may be, the authority, shall not exercise such power or perform such duty; and

(b)in the exercise of such power or the performance of such duty, the Committee may rescind or vary anything previously done by the Governor or, as the case may be, by the authority, to the same extent as such thing could, but for paragraph (a) of this subsection, have been rescinded or varied by the Governor or, as the case may be, by the authority.

(3) (a) The Governor may by a further order published in like manner revoke or vary any order made under subsection (1) of this section.

(b)Where, by reason that any such order has been so revoked or varied, any power or duty ceases to be exercisable or is no longer to be performed by a Council Committee, anything done by the Committee in the exercise or performance of such power or duty shall, if continuing to be of effect immediately before such revocation or variation, continue to have effect, but may be rescinded or varied by the Governor or, as the case may be, by the authority, as if it had been done by the Governor or by that authority.

(4) Any order made by the Governor under subsection (1) or (3) of this section may contain such modifications of or adaptations to the local enactment to which the order refers as appears to the Governor to be necessary, and accordingly any local enactment to which an order refers shall be read and construed subject to the provisions of that order.

(5) For the purposes of this section–

(a)“authority” means any statutory authority, board or committee;

(b)“local enactment” means any law enacted by the legislature of St. Helena, and includes any subsidiary instrument;

(c)“power” does not include power to make any subsidiary instrument;

(d)“subsidiary instrument” means any proclamation, order in council, order, rule, regulation or byelaw made under any law enacted by the legislature of St. Helena.

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