The Falkland Islands Constitution Order 2008

ANNEX A TO THE CONSTITUTION RULES FOR THE ENACTMENT OF LAWS

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

2.  All laws shall be distinguished by titles, and shall be divided into successive sections consecutively numbered, and to every section there shall be annexed a short indication of its contents.

3.  All laws shall be numbered consecutively in a separate series for each year commencing in each year with the number one so that—

(a) a law assented to by the Governor is included in the series for the year in which it is passed or deemed to have been passed by the Legislative Assembly; and its position in such series is determined by reference to the day on which the Governor gave his or her assent to it;

(b) a law assented to by Her Majesty through a Secretary of State is included in the series for the year in which the Governor signified such assent by proclamation in the Gazette; and its position in such series is determined by reference to the day on which assent was so signified.

4.  Copies of all laws shall be printed and each law shall bear the following—

(a) in the case of a law assented to by the Governor, particulars of the date on which he or she gave such assent;

(b) in the case of a law assented to by Her Majesty through a Secretary of State, particulars of the day on which the Governor signified such assent to it by proclamation in the Gazette;

(c) particulars of the day on which the law was published in the Gazette; and

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

5.  The Governor shall not, without having previously obtained instructions through a Secretary of State, assent to any Bill within any of the following classes, unless such Bill contains a clause suspending its operation until the signification of Her Majesty’s pleasure on the Bill, that is to say—

(a) any Bill whereby any grant of land or money, or other donation or gratuity may be made to the Governor;

(b) any Bill affecting the currency of the Falkland Islands or relating to the issue of banknotes;

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

(d) any Bill the provisions of which shall appear to the Governor to be inconsistent with obligations imposed on the United Kingdom by treaty;

(e) any Bill affecting the discipline or control of Her Majesty’s Forces by land, sea or air;

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

(g) any Bill 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;

(h) any Bill which makes provision for the holder of any public office to stand for election to the Legislative Assembly;

(i) any Bill vesting in the Crown ownership of any minerals;

(j) any Bill which determines or regulates the privileges, immunities or powers of the Legislative Assembly or of its members; or

(k) any Bill containing provisions which have been disallowed;

but the Governor may, without such instructions as aforesaid and although the Bill contains no such clause as aforesaid, assent to any such Bill (except a Bill the provisions of which appear to the Governor to be inconsistent with obligations imposed on the United Kingdom by treaty) if the Governor shall have satisfied himself or herself that an urgent necessity exists requiring that the Bill be brought into immediate operation; but in any such case the Governor shall forthwith transmit a copy of the law to a Secretary of State together with his or her reasons for assenting to it.

6.—(1) Every Bill (not being a Government measure) intended to affect or benefit some particular person, association or corporate body, shall contain a clause saving the rights of Her Majesty, Her Heirs and Successors, all bodies politic and corporate, and all others except such as are mentioned in the Bill and those claiming by, from or under them.

(2) No such Bill shall be introduced in the Legislative Assembly until due notice has been given by not less than three successive publications of the Bill in the Gazette; and the Governor shall not assent to the Bill in Her Majesty’s name unless it has been so published; and a certificate under the hand of the Governor signifying that such publication has been made shall be transmitted to Her Majesty through a Secretary of State with the Bill.

7.  When any law has been enacted, the Governor 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 law duly authenticated under the public seal and by his or her own signature, together with an explanation of the reasons and occasion for the enactment of the law.