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61. In this Constitution, unless it is otherwise provided or required by the context—
“breach”, in relation to any provision of this Constitution, includes a failure to comply with that provision, and cognate expressions shall be construed accordingly;
“court” means any subordinate court, the Supreme Court or the Court of Appeal, and includes Her Majesty in Council;
“Court of Appeal” means the Pitcairn Court of Appeal established by section 49;
“functions” includes powers and duties;
“Island Council” means the Island Council of Pitcairn established by section 34;
“judge” means the Chief Justice or another judge of the Supreme Court, the President of the Court of Appeal, a Justice of Appeal, or an acting judge of the Supreme Court;
“judicial officer” means a magistrate, an island magistrate, a judge of a subordinate court or any other person who is authorised to exercise the powers of such a judge, a registrar of the Supreme Court or a registrar of the Court of Appeal;
“law” means law in force in Pitcairn, and “lawful” and “lawfully” shall be construed accordingly;
“minor” means a person who has not attained the age of eighteen years or such other age as may be prescribed for the purposes of this Constitution by any other law;
“officer of the Pitcairn Public Service” means the holder of any office in the Pitcairn Public Service and any other employee of the Public Service (except a casual worker), and includes a person appointed to act as an officer of the Pitcairn Public Service;
“Ordinance” means a law made by the Governor in respect of Pitcairn;
“period of public emergency” means any period during which—
there is, in or affecting Pitcairn, a war or other public emergency threatening the life of the nation; and
a proclamation of a state of emergency is in force under a law;
“Pitcairn” means Pitcairn, Henderson, Ducie and Oeno Islands;
“Pitcairn Public Service” means the service of the Crown in a civil capacity in respect of the government of Pitcairn, and includes service as a member of any police force, prison service or fire service of Pitcairn; but does not include service as a judge or judicial officer or service as a member of the Island Council, any committee of the Council or, unless otherwise provided by a law, of any other public authority;
“subordinate court” means a court of Pitcairn subordinate to the Supreme Court that has been established by law;
“Supreme Court” means the Pitcairn Supreme Court established by section 45.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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