The Pitcairn (Amendment) Order 2000

Statutory Instruments

2000 No. 1340

PITCAIRN ISLANDS

The Pitcairn (Amendment) Order 2000

Made

17th May 2000

Laid before Parliament

25th May 2000

Coming into Operation

15th June 2000

At the Court at Buckingham Palace, the 17th day of May 2000

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers in that behalf by the British Settlements Acts 1887(1) and 1945(2) 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 Pitcairn (Amendment) Order 2000 and shall come into operation on 15th June 2000.

Amendment of section 5 of the Pitcairn Order 1970

2.  Section 5 of the Pitcairn Order 1970(3) is hereby amended by inserting immediately after subsection (2) the following new subsections as subsections (2A), (2B) and (2C) thereof:

“(2A) Subject to the provisions of any law for the time being in force in the Islands, a court established under subsection (2) shall sit in such place in the Islands as the Governor, acting in accordance with the advice of the Chief Justice, may appoint:

• Provided that it may also sit in the United Kingdom, or in such place within any other part of Her Majesty’s dominions as the Governor, acting in accordance with the advice of the Chief Justice and with the concurrence of the Governor of such part of Her Majesty’s dominions, may appoint.

(2B) Where a court sits, by virtue of subsection (2A) of this section, in some place other than the Islands, it may there exercise its jurisdiction and powers in like manner as if it were sitting within the Islands, but anything done there by virtue of this subsection shall have, and shall have only, the same validity and effect as if done in the Islands.

(2C) The references in subsections (2A) and (2B) of this section to a court sitting and exercising its jurisdiction and powers in any place include references to a judge or magistrate or officer of the court exercising in that place any jurisdiction or powers or other function vested in him as such by any law for the time being in force in the Islands.”.

A. K. Galloway

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order amends the Pitcairn Order 1970 so as to authorise courts and judicial authorities established for Pitcairn under that Order to function either in Pitcairn or in the United Kingdom or, in certain circumstances, in some other part of Her Majesty’s dominions.

(1)

1887 c. 54.

(2)

1945 c. 7.

(3)

S.I. 1970/1434.