THE BAHAMAS INDEPENDENCE ORDER 1973 |
1973 No. 1080 |
CARIBBEAN AND
NORTH ATLANTIC TERRITORIES |
The Bahamas
Independence Order 1973 |
At the Court of
Windsor Castle, the 20th day of June 1973 | Made - 20th June,
1973
Laid before Parliament - 26th June, 1973
Coming into Operation - 10th July, 1973 |
Present, |
The Queen's Most
Excellent Majesty in Council |
Her Majesty, by
virtue and in exercise of the powers vested in Her by section 1 of the Bahama
Islands (Constitution) Act 1963 [i]*
and of all other powers enabling Her in that behalf, is pleased, by and with
the advice of Her Privy Council, to order, and it is hereby ordered, as
follows: |
1. (1) This
Order may be cited as The Bahamas Independence Order 1973. | Citation, commencement and construction. |
(2) Subject to the
provisions of the next following subsection this Order shall come into
operation on 10th July 1973 (in this Order referred to as "the appointed
day"). |
(3) The Governor
and Commander-in-Chief of the Bahama Islands may at any time after 20th June
1973 exercise any powers conferred on the Governor-General by section 4(3) of
this Order or Article 39(4) of the Constitution set out in the Schedule to this
Order (in this Order referred to as "the Constitution") to such an
extent as may be necessary or expedient to enable the Constitution to function
as from the appointed day. |
(4)(a) For the
purposes of the exercise by the Governor under subsection (3) of this section
of the powers conferred by section 4(3) of this Order the Governor shall act in
accordance with the advice of the Prime Minister. |
(b) For the
purposes of the exercise by the Governor under the said subsection of the
powers conferred by Article 39(4) of the Constitution the Governor shall act in
accordance with the advice of the Prime Minister after consultation with the
Leader of the Opposition. |
(c) For the
purposes of this subsection references to the Prime Minister and Leader of the
Opposition shall be construed as references to the persons performing the
functions of those offices under the Bahama Islands (Constitution) Order 1969 [ii]* (in this Order referred to as
"the existing Order"), and in relation to the exercise by virtue of
this subsection of the powers conferred by Article 39(4) of the Constitution
the provisions of Article 40 of the Constitution shall apply as they would
apply in relation to the exercise of those powers by virtue of Article 39(4) of
the Constitution. |
(5) Save where the
context otherwise requires, expressions used in sections 1 to 17 of this Order
shall have the same meaning as in the Constitution and the provisions of
Articles 127 and 137 of the Constitution shall apply for the purposes of
interpreting those sections as they apply for the purposes of interpreting the
Constitution. |
2. The
existing Order is revoked; but the revocation of the existing Order shall not
affect the operation on and after the appointed day of any law made or having
effect as if made in pursuance of the existing Order or continued in force
thereunder and having effect as part of the law of the Bahama Islands
immediately before the appointed day (including any law made before the
appointed day and coming into operation on or after that day). | Revocation. |
3. Subject
to the provisions of this Order, the Constitution shall come into effect on the
appointed day. | Establishment of Constitution. |
4. (1)
Subject to the provisions of this section, the existing laws shall be construed
with such modifications, adaptations, qualifications and exceptions as may be
necessary to bring them into conformity with the Bahamas Independence Act 1973 [iii]* and this Order. | Existing laws. |
(2) Where any
matter that falls to be prescribed or otherwise provided for under the
Constitution by Parliament or by any other authority or person is prescribed or
provided for by or under an existing law (including any amendment to any such
law made under this section) or is otherwise prescribed or provided for immediately
before the appointed day or under the existing Order, that prescription or
provision shall, as from that day, have effect (with such modifications,
adaptations, qualifications and exceptions as may be necessary to bring it into
conformity with the Bahamas Independence Act 1973 and this Order) as if it had
been made under the Constitution by Parliament or, as the case may require, by
the other authority or person. |
(3) The
Governor-General may by Order made at any time before 10th July 1974 make such
amendments to any existing law as may appear to him to be necessary or
expedient for bringing that law into conformity with the provisions of the
Bahamas Independence Act 1973 and this Order or otherwise for giving effect to
or enabling effect to be given to those provisions. |
(4) An Order made
by the Governor-General under subsection (3) of this section shall have effect
from such day, not earlier than the appointed day, as may be specified therein. |
(5) The provisions
of this section shall be without prejudice to any powers conferred by this
Order or by any other law upon any person or authority to make provision for
any matter, including the amendment or repeal of any existing law. |
(6) In this
section "existing law" means any law having effect as part of the law
of the Bahama Islands immediately before the appointed day (including any law
made before the appointed day and coming into operation on or after that day). |
5. (1) The
persons who immediately before the appointed day are members of the Senate
established by the existing Order (in this section referred to as "the
existing Senate"), having been appointed as such under paragraphs (a) and
(b) respectively of section 30(2) of the Schedule to the existing Order, shall
as from the appointed day be members of the Senate established by the
Constitution as if they had been appointed as such under paragraphs (2) and (3)
respectively of Article 39 of the Constitution and shall hold their seats as
Senators in accordance with the provisions of the Constitution. | Parliament. |
(2) The persons
who immediately before the appointed day are members of the House of Assembly
then established for the Bahama Islands (in this section referred to as
"the existing Assembly") shall as from the appointed day be members
of the House of Assembly established by the Constitution as if elected as such
in pursuance of Article 46(2) 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 appointed day are Speaker and Deputy Speaker of the
existing Assembly shall as from the appointed day be Speaker and Deputy Speaker
respectively of the House of Assembly established by the Constitution as if
elected as such by that House in pursuance of Article 50(1) of the Constitution
and shall hold office in accordance with the provisions of that Article. |
(4) Any person who
is a member of the Senate or the House of Assembly established by the
Constitution by virtue of the preceding provisions of this section and who,
since he was last appointed or elected as a member of the existing Senate or
the existing Assembly before the appointed day, has taken the oath of
allegiance in pursuance of section 45 of the Schedule to the existing Order
shall be deemed to have complied with the requirements of Article 64 of the
Constitution relating to the taking of the oath of allegiance. |
(5) The rules of
procedure of the existing Senate and the existing Assembly as in force
immediately before the appointed day shall, except as may be otherwise provided
in pursuance of Article 55(1) of the Constitution, be the rules of procedure
respectively of the Senate and the House of Assembly established by the
Constitution, but they shall be construed with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring them into conformity
with the Constitution. |
(6)
Notwithstanding anything contained in Article 66(3) of the Constitution (but
subject to the provisions of paragraphs (4) and (5) of that Article) Parliament
shall, unless sooner dissolved, stand dissolved on the expiration of five years
from the first sitting of the existing Assembly after the general election of
members of the existing Assembly last preceding the appointed day. |
(7) For the
purposes of Articles 41 and 47 of the Constitution any period of ordinary
residence in the Bahama Islands immediately before the appointed day shall be deemed
to be residence in The Bahamas. |
6. (1) The
person who immediately before the appointed day holds the office of Prime
Minister under the existing Order shall, as from the appointed day, hold office
as Prime Minister as if he had been appointed thereto under Article 73(1) of
the Constitution. | Ministers and Parliamentary Secretaries. |
(2) The persons
(other than the Prime Minister) who immediately before the appointed day hold
office as Ministers under the existing Order shall, as from the appointed day,
hold the like offices as if they had been appointed thereto under Article 73(2)
of the Constitution. |
(3) Any person
holding the office of Prime Minister or other Minister by virtue of subsection
(1) or (2) of this section who immediately before the appointed day was charged
with responsibility for any matter or department of government shall, as from
the appointed day, be deemed to have been charged with responsibility for the
corresponding business or administration of the corresponding department of the
Government under Article 77 of the Constitution. |
(4) The persons
who immediately before the appointed day hold office as Parliamentary
Secretaries under the existing Order shall, as from the appointed day, hold the
like offices, as if they had been appointed thereto under Article 81(1) of the
Constitution. |
(5) Any person who
holds office as Prime Minister or other Minister or Parliamentary Secretary as
from the appointed day by virtue of the provisions of this section shall be
deemed to have complied with the requirements of Article 84 of the Constitution
relating to the taking of oaths. |
7. The
person who immediately before the appointed day is the Leader of the Opposition
(as defined for the purposes of the Schedule to the existing Order) shall, as
from the appointed day, hold office as Leader of the Opposition as if he had
been appointed thereto under Article 82 of the Constitution. | Leader of the Opposition. |
8. Subject
to the provisions of this Order and of the Constitution, every person who
immediately before the commencement of this Order holds or is acting in a
public office shall, as from the commencement of this Order, continue to hold
or act in the like office as if he had been appointed thereto in accordance
with the provisions of the Constitution. | Existing officers. |
9. (1) The
Supreme Court and the Court of Appeal in existence immediately before the
appointed day shall, as from the appointed day, be the Supreme Court and the
Court of Appeal for the purposes of the Constitution and the Chief Justice and
the Judges of the Supreme Court and the President of the Court of Appeal and
the Justices of Appeal holding office immediately before that day shall, as
from that day, hold offices as Chief Justice or Justices of the Supreme Court
or President of the Court of Appeal or Justices of Appeal, as the case may be,
as if they had been appointed under the provisions of Chapter VII of the
Constitution. | Supreme Court and Court of Appeal Judges. |
(2) Any
proceedings pending before the Supreme Court immediately before the appointed
day may be continued and any judgment of that Court given but not satisfied
before that day may be enforced as if it were the judgment of the Supreme Court
established by the Constitution. |
10. (1) Any
proceedings pending immediately before the appointed day on appeal from the
Supreme Court to the Court of Appeal for the Bahama Islands may be continued
after the appointed day before the Court of Appeal for The Bahamas established
by the Constitution. | Pending appeals. |
(2) Any judgment
of the Court of Appeal for the Bahama Islands in an appeal from a court of the
Colony of the Bahama Islands given, but not satisfied, before the appointed day
may be enforced after the appointed day as if it were a judgment of the Court of
Appeal for The Bahamas established by the Constitution. |
11. A court
of appeal for Turks and Caicos Islands may, under arrangements between the
Government of that territory and the Government of The Bahamas, sit in The
Bahamas and exercise there such jurisdiction and powers in respect of the Turks
and Caicos Islands as may be conferred upon it by any law for the time being in
force in the Turks and Caicos Islands. Without prejudice to the generality of
the foregoing, persons committed to custody in the Turks and Caicos Islands
when present in The Bahamas in connection with any proceedings in a court of
appeal for the Turks and Caicos Islands may be held in custody in The Bahamas
and persons may be committed to custody in The Bahamas by order of such a
court. | Exercise of jurisdiction by Court of Appeal for Turks
and Caicos Islands. |
12. Until
provision is made under and in accordance with Article 135 of the Constitution,
the salaries and allowances of the holders of each of the offices to which that
Article applies, other than the Governor-General, shall be the salaries and
allowances to which the holders of each of those offices or of the offices
corresponding thereto were entitled immediately before the appointed day, and the
salary and allowances of the Governor-General shall be the salary and
allowances to which the Governor and Commander-in-Chief of the Bahama Islands
was entitled immediately before such day. | Remuneration of certain persons. |
13. (1) Any
power of the Governor and Commander-in-Chief of the Bahama Islands acting on
the recommendation of the Public Service Commission established by the existing
Order which has been validly delegated to any public officer under that Order
shall, as from the appointed day, be deemed to have been delegated to that
public officer to the extent that that power could be so delegated under
Article 110 of the Constitution. | Transitional provisions relating to existing
Commissions. |
(2) Any matter
which, immediately before the appointed day, is pending before an existing
Commission or, as the case may be, before any person or authority on whom the
power to deal with such matter has been conferred under the existing Order
shall as from the appointed day be continued before the Public Service
Commission established by the Constitution, or the Public Service Board of
Appeal, or the Judicial and Legal 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 appointed day, 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 proceeding shall be recommended. |
(3) A person who
immediately before the appointed day holds the office of Chairman or other
member of an existing Commission shall, as from the appointed day, continue to
hold the like office as if he had been appointed thereto in accordance with the
provisions of the Constitution and shall be deemed to have been duly appointed
to such office under the Constitution. |
(4) The provisions
of Articles 107(3), 114(3), 116(3) or 118(3), as the case may be, of the
Constitution shall have effect in relation to such a person as if the date of
his appointment under the existing Order were the date of his appointment under
the Constitution. |
(5) Until
Parliament otherwise prescribes under Article 117(2) of the Constitution the
public offices to which Article 117(1) thereof applies shall be the offices of
Solicitor-General, Registrar of the Supreme Court, Legal Draftsman, Senior
Crown Counsel, Chief Magistrate, Registrar-General, Stipendiary and Circuit
Magistrate, Crown Counsel, Assistant Legal Draftsman, Assistant Registrar,
Deputy Registrar General and Assistant Crown Counsel. |
(6) In this
section "an existing Commission" means the Public Service Commission,
established under the existing Order or, as the case may be, the Public Service
Board of Appeal, or the Judicial and Legal Service Commission, or the Police Service
Commission, so established. |
14. (1) The
Emergency Powers Order in Council 1939 [iv]*
and any Order in Council amending that Order [v]*
shall cease to have effect as part of the law of The Bahamas on 10th July 1974
or such earlier date as Parliament may prescribe. | Emergency Powers Order in Council 1939. |
(2) Until such
time as the said Orders cease to have effect under subsection (1) of this
section they shall continue to have effect in respect of The Bahamas as they
had effect in respect of the former Colony of the Bahama Islands immediately
before the appointed day, except that the powers exercisable by the Governor
thereunder shall be exercisable by the Governor-General acting in accordance
with the advice of the Prime Minister. |
15. All
sums standing to the credit of the Crown Lands Fund for Development immediately
before the appointed day shall as from that day form part of the Consolidated
Fund, and all sums charged on the Crown Lands Fund for Development immediately
before that day shall as from that day stand charged on the Consolidated Fund. | Transfer of Crown Lands Fund for Development to
Consolidated Fund. |
16. Any
compensation, gratuity, grant or allowance paid or payable, whether before or
after the appointed day, under any regulations made by the Governor under
section 15 of the Bahama Islands (Constitution) Order in Council 1963 [vi]* or under section 9 of the Bahama
Islands (Constitution) Order 1969, which under those regulations as in force
immediately prior to the appointed day was or would have been exempt from tax
in the Bahama Islands, shall be exempt from tax to the same extent in the Bahamas
after the appointed day. | Transitional provisions relating to compensation etc. |
17. (1)
Parliament may alter any of the provisions of this Order (in so far as those
provisions form part of the law of The Bahamas), other than those mentioned in
subsections (2) and (3) of this section, in the same manner as it may alter the
provisions of the Constitution other than those specified in paragraphs (2) and
(3) of Article 54 of the Constitution. | Alteration of this Order. |
(2) Parliament may
alter subsection (6) of section 5 of this Order and this section in the same
manner as it may alter the provisions specified in Article 54(3) of the
Constitution. |
(3) Parliament may
alter sections 8, 9, 12, subsections (3), (4) and (5) of section 13 and section
16 of this Order in the same manner as it may alter the provisions specified in
Article 54(2) of the Constitution. |
(4) In this
section "alter" has the same meaning as in Article 54(4)(b) of the
Constitution. |