Her Majesty, by virtue and in exercise of the powers in that
behalf by subsection (1) of section 5 of the West Indies Act, 1962 or otherwise
in Her vested, is pleased, by and with the advice of Her Privy Council, to
order, and it is hereby ordered, as follows:-
- (1) This Order may be cited as the Jamaica (Constitution) Order in
Council 1962.
(2) Subject to the provisions of subsection (2) of section 3 of this
Order, this Order shall come into operation immediately before the appointed
day (in this Order referred to as "the commencement of this Order"):
Provided that where by or under this Order the Governor-General has power
to make any appointment or to make any Order or to do any other thing for the
purposes of this Order that power may be exercised by the Governor of the
Colony of Jamaica at any time after the twenty-fourth day of July, 1962 to
such extent as may, in his opinion, be necessary or expedient to enable the
Constitution established by this Order to function as from the commencement of
this Order.
- (1) The Orders in Council specified in the First Schedule to this
Order (hereinafter referred to as "the existing Orders") are hereby revoked.
(2) Notwithstanding the revocation of the existing Orders the
following Regulations-
- the Public Service Regulations, 1961,
- the Judicial Service Regulations, 1961,
- the Police Service Regulations, 1961, and
- the Jamaica (Constitution) (Retirement of Entitled Officers)
Regulations, 1961,
made thereunder and all amendments thereto shall
continue in force subject to such adaptations or modifications as may be made
thereto by or under section 4 of this Order and subject to amendment or repeal
by the authority having power to amend or revoke the same.
(3) With effect from the commencement of this Order paragraph (f)
(which specifies Jamaica) of the definition of the "the Territories" in
subsection (1) of section 2 of the British Caribbean Court of Appeal Order in
Council 1962 is revoked.
- (1) Subject to the provisions of subsection (2) of this section and
the other provisions of this Order, the Constitution of Jamaica set out in the
Second Schedule to this Order (in this Order referred to as "the
Constitution") shall come into force in Jamaica at the commencement of this
Order.
(2) This subsection and the following provisions of the
Constitution-
- sections 80 and 81,
- subsections (1) and (2) of section 94,
- sections 103 and 104,
- section 111,
- section 124, section 125 to the extent only as to enable a Director of
Public Prosecutions to be appointed before the appointed day, shall come
into force in Jamaica on the twenty-fifth day of July 1962:
Provided
that in relation to any period prior to the appointed day references in these
provisions of the Constitution-
- to the Governor-General and the Prime Minister shall be construed as
references to the Governor and Premier respectively of the Colony of
Jamaica;
- to Parliament and to the House of Representatives shall be construed as
references to the Legislature and the House of Representatives constituted
under the existing Orders; and
- to the Chief Justice or a Judge of the Supreme Court shall be construed
as references to the Chief Justice or a Judge of the Supreme Court holding
office under the existing Orders.
- (1) All laws which are in force in Jamaica immediately before the
appointed day shall (subject to amendment or repeal by the authority having
power to amend or repeal any such law) continue in force on and after that
day, and all laws which have been made before that day but have not previously
been brought into operation may (subject as aforesaid) be brought into force,
in accordance with any provision in that behalf, on or after that day, but all
such laws shall, subject to the provisions of this section, be construed, in
relation to any period beginning on or after the appointed day, with such
adaptations and modifications as may be necessary to bring them into
conformity with the provisions of this Order.
(2) Without prejudice to the generality of the preceding subsection,
in any law which continues in force on and after the appointed day or which,
having been made before that day, is brought into force on or after that day,
unless the context other wise requires-
- references to the Governor shall, in relation to any period beginning on
or after the appointed day, be construed as references to the
Governor-General;
- references to the Legislature or to either chamber thereof shall, in
relation to any period as aforesaid, be construed as references to the
Parliament, or to the corresponding House thereof, established by the
Constitution;
- references to any office (or to the person holding or acting in it)
connected with either chamber of the Legislature shall, in relation to any
such period as aforesaid be construed as references to the corresponding
office (or the person holding or acting in it) constituted by or under the
Constitution;
- references to the Cabinet, to the premier or to any other Minister
shall, in relation to any such period as aforesaid, be construed as
references respectively to the Cabinet established by the Constitution to
the Prime Minister appointed for the time being under the Constitution and
to the corresponding Minister so appointed;
- references to the Secretary to the Cabinet shall, in relation to any
such period as aforesaid, be construed as references to the Secretary to the
Cabinet established by the Constitution;
- references to the Privy Council shall, in relation to any such period as
aforesaid, be construed as references to the Privy Council established by
the Constitution;
- references to the Judicial Service Commission, the Public Service
Commission or the Police Service Commission shall, in relation to any such
period as aforesaid, be construed as references respectively to the Judicial
Service Commission, the Public Service Commission or the Police Service
Commission established by the Constitution;
- references to any other office (or to the person holding or acting in
it) constituted by or under the existing Orders or to any other authority or
body so constituted shall, in relation to any such period as aforesaid, be
construed as references respectively to the corresponding office (or to the
person holding or acting in it) or the corresponding authority or body
constituted by or under the Constitution.
(3) For the purposes of this Order the Senate is the corresponding
House to the Legislative Council constituted under the existing Orders.
(4) The Governor-General may, by Order published in the
Gazette, declare-
- for the purposes of paragraphs (c) and (h) of subsection (2) of this
section, what is the corresponding office, authority or body referred to in
either of those paragraphs; and
- for the purposes of paragraph (d) of that subsection, who is the
corresponding Minister referred to in that paragraph.
(5)
- The Governor-General may, by Order made at any time within a period of
two years commencing with the appointed day and published in the
Gazette, make such adaptations and modifications in any law which
continues in force in Jamaica on and after the appointed day, or which
having been made before that day, is brought into force on or after that
day, as appear to him to be necessary or expedient by reason of anything
contained in this Order.
- Without prejudice to the generality of paragraph (a) of this subsection
any Order made thereunder may transfer to the Director of Public
Prosecutions any function by any such law vested in the Attorney-General.
- An Order made by the Governor-General under this subsection shall have
effect from such date, not earlier than the appointed day, as may be
specified therein.
- Without prejudice to the provisions of the preceding section and for the
avoidance of doubt, it is hereby declared that any resolution of the House of
Representatives passed before the appointed day and any law enacted by the
Legislature before that day (whether such resolution was passed or such law
enacted before or after the making of this Order) relay have effect for the
purposes of section 117 of the Constitution as if they were respectively a
resolution of the House of Representatives established by the Constitution or
a law enacted by the Parliament so established.
- (1) Notwithstanding any other provisions of this Order, the House
of Representatives constituted under the existing Orders (in this section
referred to as "the existing House of Representatives") shall be the House of
Representatives of Jamaica during the period beginning with the commencement
of this Order and ending with the first dissolution of Parliament thereafter.
(2) The persons who immediately before the commencement of this
Order are members of the existing House of Representatives shall be members of
the House of Representatives established by this Order and as from that time
shall be deemed to have been elected as such in pursuance of section 36 of the
Constitution and shall hold their seats in that House in accordance with the
provisions of the Constitution.
(3) The persons who immediately before the commencement of this
Order are Speaker and Deputy Speaker of the existing House of Representatives
shall be Speaker and Deputy Speaker respectively of the House of
Representatives established by this Order and as from that time shall be
deemed to have been elected as such in pursuance of section 43 of the
Constitution and shall hold office in accordance with the provisions of the
Constitution.
(4) The Standing Orders of the existing House of Representatives as
in force immediately before the commencement of this Order shall with such
adaptations and modifications as may be necessary to bring them into
conformity with this Order, be the first Standing Orders of the House of
Representatives established by the Constitution as if they had been made in
pursuance of section 51 of the Constitution.
(5) Notwithstanding anything contained in subsection (2) of section
64 of the Constitution (but subject to the provisions of subsections (3) and
(4) of that section) Parliament shall, unless sooner dissolved, stand
dissolved on the tenth day of April 1967.
- The Standing Orders of the Legislative Council constituted under the
existing Orders as in force immediately before the commencement of this Order
shall, with such adaptations and modifications as may be necessary to bring
them into conformity with this Order, be the first Standing Orders of the
Senate established by the Constitution as if they had been made in pursuance
of section 51 of the Constitution.
- Until other provision is made in that behalf, the salary and allowances
payable to members of either House, the President and Deputy President of the
Senate, the Speaker and Deputy Speaker of the House of Representatives,
Ministers and Parliamentary Secretaries shall be those payable to the persons
last holding the corresponding offices immediately before the commencement of
this Order.
- (1) Any person who, immediately before the commencement of this
Order holds office as Clerk or Deputy Clerk of the Legislative Council or of
the House of Representatives shall, as from that time, hold the like office of
Clerk or Deputy Clerk of the Senate or of the House of Representatives as if
he had been appointed thereto under section 47 of the Constitution, and shall,
until other provision is made in accordance with the provisions of that
section, hold office on the same terms of service as applied to him
immediately before the commencement of this Order.
(2) Any other person who, immediately before the commencement of
this Order holds an office on the staff of the Clerk of the Legislative
Council or on the staff of the Clerk of the House of Representatives shall
hold the like office on the staff of the Clerk of the Senate or on the staff
of the Clerk of the House of Representatives as from that time as if he had
been appointed thereto under section 47 of the Constitution.
- (1) The person who, immediately before the commencement of this
Order, holds the office of Premier shall, as from that time hold office as
Prime Minister as if he had been appointed thereto under section 70 of the
Constitution; the persons who, immediately before the commencement of this
Order, are members of the House of Representatives and hold office as other
Ministers shall, as from that time, similarly hold the like offices under the
Constitution; and references in the Constitution to the Cabinet shall be
construed accordingly.
(2) Where any Minister who holds office as from the commencement of
this Order under the provisions of the preceding subsection is, by virtue of a
direction given under the existing Orders, charged immediately before the
commencement of this Order with responsibility for any subject or department,
he shall be deemed as from the commencement of this Order to have been charged
with the responsibility for the corresponding subject or department of
government under subsection (1) of section 77 of the Constitution.
- Any person who, immediately before the commencement of this Order, is a
member of the House of Representatives and holds office as a Parliamentary
Secretary shall, as from that time hold office as Parliamentary
Secretary as if he had been appointed thereto under the provisions of section
78 of the Constitution.
- The person who, immediately before the commencement of this Order holds
office as Secretary of the Cabinet shall, as from that time, hold office as
Secretary to the Cabinet as if he had been appointed thereto under the
provisions of section 92 of the Constitution.
- (1) The Supreme Court in existence immediately before the
commencement of this Order shall be the Supreme Court for the purposes of the
Constitution, and the Chief Justice and other Judges of the Supreme Court
holding office immediately before the commencement of this Order shall, as
from that time, continue to hold the like offices as if they had been
appointed thereto under the provisions of Chapter VII of the Constitution.
(2) Until other provision is made under and in accordance with the
provisions of section 101 of the Constitution, the salaries and allowances of
the Judges of the Supreme Court shall be the salaries and allowances to which
the holders of those offices were entitled immediately before the commencement
of this Order.
- (1) Any proceedings pending immediately before the commencement of
this Order on appeal from the Supreme Court to the British Caribbean Court of
Appeal may be continued after the commencement of this Order before the Court
of Appeal established by the Constitution.
(2) Any judgment of the Supreme Court of the Federation of
The West Indies or of the British Caribbean Court of Appeal in an appeal from
a court of Jamaica given but not satisfied, before the commencement Order, may
be enforced after the commencement of this Order as if it were a judgment of
the Court of Appeal established by the Constitution.
- The Court of Appeal established by the Constitution may have and exercise
such jurisdiction and powers in respect of the Cayman Islands and the Turks
and Caicos Islands as may be conferred upon it by any law for the time being
in force in the Cayman Islands or the Turks and Caicos Islands, as the case
may be, and may for the purpose of exercising that jurisdiction sit either in
Jamaica or in the Cayman Islands or in the Turks and Caicos Islands as the
case may be.
- Until provision is made under and in accordance with subsection (4) of
section 120 of the Constitution, the salary and allowances of the
Auditor-General shall be the salary and allowances to which the holder of that
office was entitled immediately before the commencement of this Order.
- (1) Where any office has been established for the former Colony of
Jamaica by or under the existing Orders or any existing law, and the
Constitution establishes the same or an equivalent office for Jamaica, not
being the office of Prime Minister, Minister, or Parliamentary Secretary, any
person who, immediately before the commencement of this Order, is holding or
acting in the former office shall, so far as is consistent with the provisions
of this Order, be deemed as from the commencement of this Order to have been
appointed to or to act in the latter office in accordance with the provisions
of this Order and to have taken any necessary oath under this Order.
(2) Subject to the provisions of this Order, every person who,
immediately before the commencement of this Order holds or is acting in a
public office shall, as from that time, continue to hold or act in the like
office as if he had been appointed thereto or to act therein in accordance
with the provisions of this Order.
(3) The provisions of this section shall be without prejudice to-
- the provisions of section 6 of this Order; and
- any powers conferred by or under this Order upon any person or authority
to make provision for the abolition of offices and the removal of persons
holding or acting in any office.
(4) In this section "existing law" means such a law as is referred
to in subsection (1) of section 4 of this Order.
- Any matter which, immediately before the commencement of this Order, is
pending before the Privy Council established under the existing Orders shall
as from the commencement of this Order, be continued before the Privy Council
established by the Constitution.
- (1) Any power of the Governor of the Colony of Jamaica acting on
the recommendation of a Commission established by the existing Orders (in this
section referred to as "an existing Commission") which has been validly
delegated to any person or authority under those Orders shall, as from the
commencement of this Order, be deemed to have been delegated to that person or
authority in accordance with the provisions of the Constitution.
(2) Any matter which, immediately before the commencement of this
Order, is pending before an existing Commission or, as the case may be, before
any person or authority to whom the power to deal with such matter has been
validly delegated under the existing Orders shall as from the commencement of
this Order be continued before the Judicial Service Commission established by
the Constitution or the Public Service Commission or the Police Service
Commission so established or, as the case may be, the said person or
authority:
Provided that where an existing Commission or, as the case may be, any
person or authority as aforesaid has, immediately before the commencement of
this Order, partly completed the hearing of a disciplinary proceeding (in this
section referred to as "the original hearing"), no person shall take part in
the continued hearing unless he has also taken part in the original hearing;
and where by virtue of this subsection the original hearing cannot be so
continued the hearing of the disciplinary proceedings shall be recommenced.
- (1) Any person who, immediately before the commencement of this
Order, holds any office established by or under the existing Orders and who
does not, as from the date of such commencement, hold any public office shall
be entitled to the leave, beginning with the commencement of this Order, for
which under the terms of service applicable to him immediately before the
commencement of this Order he was then eligible:
Provided that if any such person holds, or is acting in, as from the
commencement of this Order, any office established by or under the
Constitution, the leave to which he is entitled under this section shall begin
when he relinquishes that office.
(2) When any person is on leave under the provisions of subsection
(1) of this section, he shall be regarded as still in the office which he held
immediately before the commencement of this Order.
- (1) Parliament may alter any of the provisions of sections 1 to 22
(inclusive), other than section 15, of this Order including this section in
the same manner as it may alter the provisions of the Jamaica Independence
Act, 1962.
(2) Parliament may amend from time to time or repeal, in so far as
it forms part of the law of Jamaica, section 15 of this Order by an Act passed
in accordance with the provisions of paragraph (b) of subsection (4) of
section 49 of the Constitution.
- (1) In this Order references to any body or to any office shall be
construed, in relation to any period before the commencement of this Order, as
references to such body or such office as constituted by or under the existing
Orders, and references to the holder of any office shall be similarly
construed.
(2) The provisions of section 1 of the Constitution shall apply for
the purposes of interpreting this Order as they apply for interpreting the
Constitution.