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The British Antarctic Territory Order 1989

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Section 6

SCHEDULE 1OATH OR AFFIRMATION FOR THE DUE EXECUTION OF THE OFFICE OF COMMISSIONER

I,DO SWEAR (or solemnly affirm) that I will well and truly serve Her Majesty Queen Elizabeth II, Her Heirs and Successors, in the office of Commissioner for the British Antarctic Territory.

Section 13(2)

SCHEDULE 2RULES FOR THE ENACTMENT OF ORDINANCES

1.  In all Ordinances the words of enactment shall be “Enacted by the Commissioner for the British Antarctic Territory”.

2.  Matters having no proper relation to each other shall not be provided for by the same Ordinance; no Ordinance shall contain anything foreign to what the title of the Ordinance imports; and no provision having indefinite duration shall be included in any Ordinance expressed to have limited duration.

3.  All Ordinances shall be distinguished by titles, and shall be divided into successive sections consecutively numbered, and to every section there shall be annexed in the margin a short indication of its contents.

4.  All Ordinances shall be numbered consecutively in a separate series for each year commencing in each year with the number one, and the position of each Ordinance in the series shall be determined with reference to the day on which the Commissioner enacted it.

5.  Copies of all Ordinances shall be printed and each Ordinance shall bear the following:–

(a)particulars of the day on which the Commissioner enacted it;

(b)particulars of the day on which the Ordinance was published in the Official Gazette for the Territory; and

(c)particulars of the day on which the Ordinance came into operation or, if that day shall not have been determined, a reference to the provision in the Ordinance or otherwise whereby it may be determined.

6.  The Commissioner shall not, without having previously obtained instructions through a Secretary of State, enact any Ordinance within any of the following classes, unless such Ordinance contains a clause suspending the operation thereof until the signification of Her Majesty’s pleasure thereon, that is to say–

(a)any Ordinance for the divorce of married persons;

(b)any Ordinance whereby any grant of land or money or other donation or gratuity may be made to himself;

(c)any Ordinance affecting the currency of the Territory or relating to the issue of bank notes;

(d)any Ordinance establishing any banking association or altering the constitution, rights or duties of any such association;

(e)any Ordinance imposing differential duties;

(f)any Ordinance the provisions of which appear to him to be inconsistent with obligations imposed upon the United Kingdom by treaty;

(g)any Ordinance affecting the discipline or control of Her Majesty’s forces by land, sea or air;

(h)any Ordinance of an extraordinary nature and importance whereby Her Majesty’s prerogative, or the rights or property of Her subjects not residing in the Territory, or the trade, transport or communications of any other territory under Her Majesty’s sovereignty may be prejudiced;

(i)any Ordinance whereby persons of any community or religion may be subjected or made liable to disabilities or restrictions to which persons of other communities or religions are not also made liable, or become entitled to any privilege or advantage which is not conferred on persons of other communities or religions; and

(j)any Ordinance containing provisions which have been disallowed:

  • Provided that the Commissioner may, without such instructions as aforesaid and although the Ordinance contains no such clause as aforesaid, enact any such Ordinance (except an Ordinance the provisions of which appear to him to be inconsistent with obligations imposed upon the United Kingdom by treaty) if he has satisfied himself that an urgent necessity exists requiring that the Ordinance be brought into immediate operation; but in any such case he shall forthwith transmit a copy of the Ordinance to a Secretary of State together with his reasons for so enacting the same.

7.  When any Ordinance has been enacted, the Commissioner shall at the earliest convenient opportunity transmit through a Secretary of State, for the signification of Her Majesty’s pleasure, a transcript in duplicate of the Ordinance duly authenticated under the Public Seal of the Territory and by his own signature, together with an explanation of the reasons and occasion for the enactment of the Ordinance.

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