The Falkland Islands Courts (Overseas Jurisdiction) (Amendment) Order 2009

Statutory Instruments

2009 No. 1737

South Atlantic Territories

The Falkland Islands Courts (Overseas Jurisdiction) (Amendment) Order 2009

Made

8th July 2009

Laid before Parliament

15th July 2009

Coming into force

8th August 2009

At the Court at Buckingham Palace, the 8th day of July 2009

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by the British Settlements Acts 1887 and 1945(1) or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:

Citation and commencement

1.  This Order may be cited as the Falkland Islands Courts (Overseas Jurisdiction) (Amendment) Order 2009 and shall come into force on 8th August 2009.

Amendment of 1989 Order

2.  The Falkland Islands Courts (Overseas Jurisdiction) Order 1989(2) is amended—

(a) in section 2, by substituting for the definitions of “the Constitution”, “Court of Appeal”, “the Magistrate’s Court” and “the Supreme Court” the following definitions—

““the Constitution” means the Constitution of the Falkland Islands set out in the Schedule to the Falkland Islands Constitution Order 2008(3);

“Court of Appeal” means the Court of Appeal of the Falkland Islands established by section 87 of the Constitution;

“the Magistrate’s Court” means the Magistrate’s Court of the Falkland Islands established by the Administration of Justice Ordinance or any Ordinance amending or replacing that Ordinance;

“the Supreme Court” means the Supreme Court of the Falkland Islands established by section 86 of the Constitution;”; and

(b) in section 8(2), by substituting for the words “Section 85 of the Constitution” the words “Section 94 of the Constitution”.

Judith Simpson

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Falkland Islands Courts (Overseas Jurisdiction) Order 1989 to take account of the new Constitution of the Falkland Islands set out in the Falkland Islands Constitution Order 2008. An Impact Assessment has not been prepared for this Order.

(1)

1887 c.54 and 1945 c.7.

(2)

S.I. 1989/2399.

(3)

S.I. 2008/2846.