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

PART 5THE LEGISLATURE

Power to make laws

216.—(1) The Governor, acting after consultation with the Island Council, may make laws for the peace, order and good government of Tristan da Cunha.

(2) The Governor shall not be obliged to act in accordance with the advice of the Island Council in exercising his or her powers under subsection (1), but in any case where the Governor acts contrary to the advice of the Council any member of the Council shall have the right to submit his or her views on the matter to a Secretary of State.

Disallowance of laws

217.—(1) Any law made by the Governor may be disallowed by Her Majesty through a Secretary of State.

(2) Whenever a law has been disallowed by Her Majesty the Governor shall, as soon as practicable, cause notice of the disallowance to be published in the Gazette, and the law shall be annulled with effect from the date of the publication of that notice.

(3) Section 16(1) of the Interpretation Act 1978(1) shall apply to the annulment of any law under this section as it applies to the repeal of an Act of Parliament, save that any enactment repealed or amended by or in pursuance of that law shall have effect as from the date of the annulment as if that law had not been made.