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The St Helena, Ascension and Tristan da Cunha Constitution Order 2009

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  1. Introductory Text

  2. 1.Citation, publication and commencement

  3. 2.Interpretation

  4. 3.Revocations

  5. 4.Change of name and establishment of Constitution

  6. 5.Existing laws

  7. 6.Existing offices and officers

  8. 7.Legislative Council, Council Committees and Executive Council

  9. 8.Standing Orders

  10. 9.Remuneration of certain office-holders

  11. 10.Chief Auditor for St Helena

  12. 11.Island Council of Ascension

  13. 12.Island Council of Tristan da Cunha

  14. 13.Pending legal proceedings

  15. 14.Power reserved to Her Majesty

  16. Signature

    1. SCHEDULE

      THE CONSTITUTION OF ST HELENA, ASCENSION AND TRISTAN DA CUNHA

      1. PREAMBLE

        1. The people of St Helena, Ascension and Tristan da Cunha:...

        2. are determined, with the United Kingdom Government and other members...

        3. 1.Application of this Constitution

      2. CHAPTER 1

        1. PART 1

          1. 2.The partnership values

          2. 3.Relationships between St Helena, Ascension and Tristan da Cunha

          3. 4.Duty to give effect to the partnership values

        2. PART 2

          1. 5.Fundamental rights and freedoms of the individual

          2. 6.Protection of right to life

          3. 7.Protection from inhuman treatment

          4. 8.Protection from slavery and forced labour

          5. 9.Protection of right to personal liberty

          6. 10.Provisions to secure a fair trial

          7. 11.Protection of right of prisoners to humane treatment

          8. 12.Protection of freedom of movement

          9. 13.Protection for private and family life and for privacy of home and other property

          10. 14.Protection of right to marry, and of spouses’ and children’s rights

          11. 15.Protection of freedom of conscience

          12. 16.Protection of right to education

          13. 17.Protection of freedom of expression

          14. 18.Protection of freedom of assembly and association

          15. 19.Protection from deprivation of property

          16. 20.Protection from arbitrary deprivation of St Helenian status or of British citizenship

          17. 21.Protection from discrimination

          18. 22.Derogations from fundamental rights and freedoms under emergency powers

          19. 23.Protection of persons detained under emergency laws

          20. 24.Enforcement of protective provisions

          21. 25.Application of this Part to the members of a disciplined force

        3. PART 3

          1. 26.The Governor

          2. 27.Acting Governor

          3. 28.Governor’s Deputy

          4. 29.Powers of pardon, etc.

          5. 30.Advisory Committee on the Prerogative of Mercy

          6. 31.Powers to dispose of land

          7. 32.Public seal

          8. 33.Constitution of offices

        4. PART 4

          1. 34.Executive authority

          2. 35.Executive Council

          3. 36.Election of elected members of Executive Council

          4. 37.Tenure of office of elected and temporary members of Executive Council

          5. 38.Determination of questions as to membership of Executive Council

          6. 39.Summoning of and proceedings in Executive Council

          7. 40.Invitation of persons to assist Executive Council

          8. 41.Presiding in Executive Council

          9. 42.The Clerk of Councils

          10. 43.Governor to consult Executive Council

          11. 44.Governor’s special responsibilities

          12. 45.Governor to be kept informed

          13. 46.The Attorney General

        5. PART 5

          1. Composition

            1. 47.The Legislature

            2. 48.Composition of Legislative Council

            3. 49.Qualifications of candidates for election to Legislative Council

            4. 50.Law as to elections

            5. 51.Tenure of office of Elected Members of Legislative Council

            6. 52.Determination of questions as to elected membership of Legislative Council

            7. 53.Register of Interests

            8. 54.Oaths or affirmations by Members of Legislative Council

            9. 55.Speaker and Deputy Speaker

          2. Council Committees

            1. 56.Council Committees

            2. 57.Tenure of office of members of Council Committees

            3. 58.Functions of Council Committees

            4. 59.Rules of procedure and meetings of Council Committees

          3. Powers and Procedure of Legislative Council

            1. 60.Power to make laws

            2. 61.Meetings of Legislative Council

            3. 62.Presiding in Legislative Council or otherwise discharging the functions of Speaker

            4. 63.Legislative Council may transact business notwithstanding vacancies

            5. 64.Quorum

            6. 65.Governor’s right to address Legislative Council

            7. 66.Power to require officers of the St Helena Public Service to attend meetings

            8. 67.Voting

            9. 68.Standing Orders

            10. 69.Public Accounts Committee

            11. 70.Privileges

            12. 71.Code of Conduct

            13. 72.Remuneration of elected members of Executive Council, other Elected Members of Legislative Council, Speaker and Deputy Speaker

            14. 73.Introduction of Bills

            15. 74.Assent to Bills

            16. 75.Disallowance of laws

            17. 76.Dissolution of Legislative Council

            18. 77.Recalling dissolved Legislative Council in case of emergency

            19. 78.General elections and bye-elections

            20. 79.The Clerk of Councils

        6. PART 6

          1. 80.The Courts of St Helena

          2. 81.Independence of the judiciary

          3. Supreme Court

            1. 82.Constitution of Supreme Court

            2. 83.Sittings of Supreme Court

            3. 84.Judges of Supreme Court

            4. 85.Exercise of jurisdiction of Supreme Court

          4. Court of Appeal

            1. 86.Constitution of Court of Appeal

            2. 87.Jurisdiction of Court of Appeal

            3. 88.Practice and procedure on appeals

          5. General

            1. 89.Rules of Court

            2. 90.Appointment of judges and judicial officers

            3. 91.Tenure of office of judges and judicial officers

            4. 92.Remuneration

            5. 93.Removal from office

            6. 94.Judicial Service Commission

        7. PART 7

          1. 95.Appointment etc of officers of St Helena Public Service

          2. 96.Terms and conditions of employment

        8. PART 8

          1. 97.Taxation

          2. 98.Consolidated Fund

          3. 99.Withdrawal from Consolidated Fund or other public account

          4. 100.Annual Estimates

          5. 101.Appropriation Bill

          6. 102.Authorisation of expenditure in advance of appropriation

          7. 103.Special Warrants

          8. 104.Withdrawal Warrants

          9. 105.Supplementary Estimates

          10. 106.Excess expenditure

          11. 107.Lapse of appropriations

          12. 108.Public debt

          13. 109.Annual statement of accounts

          14. 110.The Chief Auditor

          15. 111.Functions of Chief Auditor

          16. 112.Borrowing or lending by Government of St Helena

        9. PART 9

          1. 113.Complaints Commissioner

          2. 114.Functions of Complaints Commissioner

        10. PART 10

          1. 115.Interpretation

          2. 116.References to the holder of an office to include a person acting in the office

          3. 117.Power to amend and revoke instruments, etc

          4. 118.Appointments

          5. 119.Removal from office

          6. 120.Resignations

      3. CHAPTER 2

        1. PART 1

          1. 121.The partnership values

        2. PART 2

          1. 122.Fundamental rights and freedoms of the individual

          2. 123.Protection of right to life

          3. 124.Protection from inhuman treatment

          4. 125.Protection from slavery and forced labour

          5. 126.Protection of right to personal liberty

          6. 127.Provisions to secure a fair trial

          7. 128.Protection of right of prisoners to humane treatment

          8. 129.Protection for private and family life and for privacy of home and other property

          9. 130.Protection of right to marry, and of spouses’ and children’s rights

          10. 131.Protection of freedom of conscience

          11. 132.Protection of right to education

          12. 133.Protection of freedom of expression

          13. 134.Protection of freedom of assembly and association

          14. 135.Protection from deprivation of property

          15. 136.Protection from arbitrary deprivation of St Helenian status or of British citizenship

          16. 137.Protection from discrimination

          17. 138.Derogations from fundamental rights and freedoms under emergency powers

          18. 139.Protection of persons detained under emergency laws

          19. 140.Enforcement of protective provisions

          20. 141.Application of this Part to the members of a disciplined force

          21. 142.Saving for certain treaties

        3. PART 3

          1. 143.The Governor

          2. 144.Powers of pardon, etc

          3. 145.Powers to dispose of land

          4. 146.Public seal

          5. 147.Constitution of offices

        4. PART 4

          1. 148.Executive authority

          2. 149.Island Council

          3. 150.Attorney General

        5. PART 5

          1. 151.Power to make laws

          2. 152.Disallowance of laws

        6. PART 6

          1. 153.The Courts of Ascension

          2. 154.Independence of the judiciary

          3. Supreme Court

            1. 155.Jurisdiction of Supreme Court

            2. 156.Sittings of Supreme Court

            3. 157.Exercise of jurisdiction of Supreme Court

          4. Court of Appeal

            1. 158.Jurisdiction of Court of Appeal

            2. 159.Practice and procedure on appeals

          5. General

            1. 160.Rules of Court

            2. 161.Judicial officers

            3. 162.Ascension Judicial Service Commission

        7. PART 7

          1. 163.Appointment etc of officers of Ascension Public Service

          2. 164.Terms and conditions of employment

        8. PART 8

          1. 165.Taxation

          2. 166.Consolidated Fund

          3. 167.Withdrawal from Consolidated Fund or other public account

          4. 168.Annual Estimates

          5. 169.Draft Appropriation Ordinance

          6. 170.Authorisation of expenditure in advance of appropriation

          7. 171.Special Warrants

          8. 172.Withdrawal Warrants

          9. 173.Supplementary Estimates

          10. 174.Excess expenditure

          11. 175.Lapse of appropriations

          12. 176.Public debt

          13. 177.Annual statement of accounts

          14. 178.Audit

          15. 179.Borrowing or lending by Government of Ascension

        9. PART 9

          1. 180.Interpretation

          2. 181.References to the holder of an office to include a person acting in the office

          3. 182.Power to amend and revoke instruments, etc

          4. 183.Appointments

          5. 184.Removal from office

          6. 185.Resignations

      4. CHAPTER 3 DA

        1. PART 1

          1. 186.The partnership values

        2. PART 2

          1. 187.Fundamental rights and freedoms of the individual

          2. 188.Protection of right to life

          3. 189.Protection from inhuman treatment

          4. 190.Protection from slavery and forced labour

          5. 191.Protection of right to personal liberty

          6. 192.Provisions to secure a fair trial

          7. 193.Protection of right of prisoners to humane treatment

          8. 194.Protection of freedom of movement

          9. 195.Protection for private and family life and for privacy of home and other property

          10. 196.Protection of right to marry, and of spouses’ and children’s rights

          11. 197.Protection of freedom of conscience

          12. 198.Protection of right to education

          13. 199.Protection of freedom of expression

          14. 200.Protection of freedom of assembly and association

          15. 201.Protection from deprivation of property

          16. 202.Protection from arbitrary deprivation of right of abode in Tristan da Cunha or of British citizenship

          17. 203.Protection from discrimination

          18. 204.Derogations from fundamental rights and freedoms under emergency powers

          19. 205.Protection of persons detained under emergency laws

          20. 206.Enforcement of protective provisions

          21. 207.Application of this Part to the members of a disciplined force

        3. PART 3

          1. 208.The Governor

          2. 209.Powers of pardon, etc

          3. 210.Powers to dispose of land

          4. 211.Public seal

          5. 212.Constitution of offices

        4. PART 4

          1. 213.Executive authority

          2. 214.Island Council

          3. 215.Attorney General

        5. PART 5

          1. 216.Power to make laws

          2. 217.Disallowance of laws

        6. PART 6

          1. 218.The Courts of Tristan da Cunha

          2. 219.Independence of the judiciary

          3. Supreme Court

            1. 220.Jurisdiction of Supreme Court

            2. 221.Sittings of Supreme Court

            3. 222.Exercise of jurisdiction of Supreme Court

          4. Court of Appeal

            1. 223.Jurisdiction of Court of Appeal

            2. 224.Practice and procedure on appeals

          5. General

            1. 225.Rules of Court

        7. PART 7

          1. 226.Appointments etc of officers of Tristan da Cunha Public Service

          2. 227.Terms and conditions of employment

        8. PART 8

          1. 228.Audit

        9. PART 9

          1. 229.Interpretation

          2. 230.References to the holder of an office to include a person acting in the office

          3. 231.Power to amend and revoke instruments, etc

          4. 232.Appointments

          5. 233.Removal from office

          6. 234.Resignations

      5. SCHEDULE TO THE CONSTITUTION

        1. 1.Oath of allegiance I…………………………do swear that I will be faithful...

        2. 2.Oath for due execution of office of Governor I…………………………do swear...

        3. 3.Oath for due execution of office of Member of the...

        4. 4.Oath of confidentiality I…………………………do swear that I will be a...

        5. 5.Judicial Oath I…………………………do swear that I will well and truly...

        6. 6.Affirmations In the forms above respectively set forth, for the...

  17. Explanatory Note

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