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Group Title: Antigua, Montserrat and Virgin Islands gazette.
Title: The Antigua, Montserrat and Virgin Islands gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076853/00198
 Material Information
Title: The Antigua, Montserrat and Virgin Islands gazette
Physical Description: 12 v. : ; 25-35 cm.
Language: English
Creator: Antigua
Montserrat
British Virgin Islands
Publisher: Govt. Printer.
Place of Publication: St. John's? Antigua
Frequency: weekly
completely irregular
 Subjects
Subject: Law -- Periodicals -- Antigua and Barbuda   ( lcsh )
Law -- Periodicals -- Montserrat   ( lcsh )
Law -- Periodicals -- British Virgin Islands   ( lcsh )
Politics and government -- Periodicals -- Antigua and Barbuda   ( lcsh )
Politics and government -- Periodicals -- Montserrat   ( lcsh )
Politics and government -- Periodicals -- British Virgin Islands   ( lcsh )
Genre: federal government publication   ( marcgt )
legislation   ( marcgt )
periodical   ( marcgt )
 Notes
Dates or Sequential Designation: v. 1-12, no. 18; July 5, 1956-Mar. 30, 1967.
General Note: Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
 Record Information
Bibliographic ID: UF00076853
Volume ID: VID00198
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 001667609
oclc - 17270322
notis - AHX9420
lccn - 58045856
 Related Items
Preceded by: Leeward Islands gazette
Succeeded by: Antigua official gazette
Succeeded by: Montserrat official gazette
Succeeded by: Virgin Islands official gazette

Table of Contents
    Gazette Extraordinary
        Page 235
        Page 236
    Antigua, Bill: Antigua Constitution and Elections (Amendment) Ordinance, 1959
        Page A-1
        Page A-2
        Page A-3
        Page A-4
        Page A-5
        Page A-6
        Page A-7
        Page A-8
        Page A-9
        Page A-10
        Page A-11
        Page A-12
        Page A-13
        Page A-14
        Page A-15
        Page A-16
        Page A-17
        Page A-18
        Page A-19
        Page A-20
        Page A-21
        Page A-22
        Page A-23
    Antigua, Bill: Police Act (Amendment No. 2) Ordinance, 1959
        Page B-1
        Page B-2
        Page B-3
        Page B-4
        Page B-5
        Page B-6
        Page B-7
        Page B-8
        Page B-9
        Page B-10
        Page B-11
    Antigua, Bill: Adaptation of Laws Ordinance, 1959
        Page C-1
        Page C-2
        Page C-3
Full Text



235
THE
A NTIGUA, MONTSERRAT
AND

VIRGIN ISLANDS GAZE'. iE.
8 FEB1
(EXTRA ORDINARY )

JPublished by ciuthority. "
VOL. IV. MONDAY 7TH DECEMBER, 1959. No. 56.

Notice


The following Bills, which are to be introduced into the
Legislative Council of Antigua, are published for general
information:-
Antigua.
The Antigua Constitution and Elections (Amendment)
Ordinance, 1959."
"The Police Act (Amendment No. 2) Ordinance, 1959."
The Adaptation of Laws Ordinance, 1959."






























Printed at the Government Printing Office, Antigua, Leeward Isl-,: as,
by EARL PIGOTT, Govcrnmient Printer.-By Authority.
1959.
[Price 5 cens..]
;77Z27

i^^-







* No. of 1059. Antiua Constiirimon and
Elections (Amendment).





















ANTIGUA


No.


of 1959.


BILL FOR.

An Ordinance to amend further the Antigua
Constitution and Elections Ordinance, 1951.

ENACTED by the Legislature of-the Colony
of Antigua.

1. This Ordinance may be cited as the
Antigua Constitution and Elections (Amendment)
Ordinance, 1959, and shall be read as one with the
Antigua Constitution and Elections Ordinance,
1951, as amended, hereinafter called the Principal
Ordinance.






2. For the word "Governor" wherever it
occurs in the Principal Ordinance the word
Administrator shall be substituted.




A4i2 ^


ANTIGUA.


Short title.



10/1951.
R/1952.
11/1954.
13/1954.
16/1955.
6/1956.
17/1956.
S. R. &O.
1956/22
3/1958.

Amendment
to the Princi-
pal Ordinance.








ANT(OUA. 2 Antigua Constitution and No. 1959.
Elections (Amendment).
Amendment 3. (1) Subsection (1) of section 2 of the
of section 2 of
the Princi Principal Ordinance is hereby amended as fol-
Ordinanoe. lOWS:-

(a) by inserting the following definition
immediately after the definition of the expres-
electoral district "-

"the Judicial and Legal Service Com-
mission" means the Judicial and
Legal Service Commission esta-
blished by the Leeward Islands
and Windward Islands (Courts)
Order in Council, 1959;

(b) by inserting the following definition
immediately after the definition of the expres-
sion "minister of religion "-

"the Police Service Commission"
means the Police Service Commis-
sion established by the Leeward
Islands and Windward Islands
(Police Service Commission) Or-
der in Council, 1959;

(c) by substituting the following defini-
tion for the definition of the expression
public service "-
"public service means the service of
the Crown in a civil capacity in
respect of the government of the
Colony and includes service as a
member of the Judicial and Legal
Service Commission or the Police
Service Commission but does not
include service as a judge of the
Supreme Court;

(d) by deleting the definition of the
expression "Deputy President";

(e) by deleting the definition of the
expression Governor ".







No. of 1959. Antigua Cons!tituton and 3 ANTIGn A,
Elections (Amendment).
(2) For subsection (3) of section 2 of the
Principal Ordinance the following shall be substi-
tuted:-
(3) For the purposes of this
Ordinance a person shall not be consi-
dered to hold a public office by reason
only that he is in receipt of a pension or
other like allowance in respect of public
service; and if it is provided by any law
for the time being in force in the Colony
that an office (not being an office consti-
tuted by this Ordinance or the office of
member of the Judicial and Legal Service
Commission or the Police Service Com-
mission) shall not be a public office for
the purposes of this Ordinance, this
Ordinance shall have effect accordingly
as if that provision of that law were
enacted herein."
(3) For subsection (3A) of section 2 of the
Principal Ordinance the following shall be substi-
tuted:-
"(3A) For the purposes of this
Ordinance a person shall not be consi-
dered to hold a public office by reason
only that he is in receipt of any remu-
neration or allowances in respect of his
tenure of the office of Minister or member
of the Executive Council or Speaker,
Deputy Speaker or member of the Coun-
cil."
(4) The following subsections shall beadded
to section 2 of the Principal Ordinance:-
(5) In this Ordinance, unless it is
otherwise provided or required by the
context, any reference to the holder of
an office by a term designating or des-
cribing his office shall be construed as
including a reference to any person who,
under and to the extent of any authority
in that behalf, is for the time being
performing the functions of that office.







ANTIGUA. 4 Antigua Constitution and No. of 1959.
Elections (Amendment).

(6) Where by this Ordinance any
person is directed or power is conferred
on any person or authority to appoint a
person to perforin the functions of an
office if the holder thereof is unable to
perform those functions, the validity of
any performance of those functions by
the person so directed or of any appoint-
ment made in exercise of that power
shall not be called in question in any
court on the ground that the holder of
the office is not unable to perform the
functions of the office.

(7) For the purposes of this Ordi-
nance, the resignation of the holder of
any office that is required to be addressed
to any person shall have effect from the
time that it is received by that person.

(8) Where any power is conferred
by this Ordinance to make any proclama-
tion, order, rule; or regulations or to
give any directions, the power shall be
construed as including a power exercis-
able in like manner to amend or revoke
any such proclamation, order, rules,
regulations or directions.

(9) For the avoidance of doubts it
is hereby declared that any person who
has vacated his seat in any body, or has
vacated any office, established by this
Ordinance may, if qualified, again be
appointed or elected as a member of that,
body, or to that office, as the case may
be, from time to time."

Substitution 4. For section 3 of the Principal Ordinance
of eci s the following shall be substituted:-
of the Princi-
pal Ordinance.
"Constitution 3. There shall be a Legislature in and
o legislature. for the Colony, which shall consist" of Her
Majesty and a Legislative Council."







No. of 1959. Antigua Constitution and 5
Elections (Amendment).

5. For section 4 of the Principal Ordinance
the following shall be substituted:-

"Legislative 4. (1)- Subject to subsection (2) of
Council, .
onci. this section and to section 16 of this
Ordinance, the Council shall consist of
one ex-offcio member, namely the
Attorney General, two nominated mem-
bers and ten elected members.
(2) If any person who is not a member
of the Council is elected to be Speaker of the
Council he shall, by virtue of holding the
office of Speaker, be a member of the Council
in addition to the members aforesaid."
6. Section 5 of the Principal Ordinance is
hereby repealed.

7. For section 6 of the Principal Ordinance
the following shall be substituted:-
"Nomi- 6. (1) Subject to section 11 of this
nated
member. Ordinance, the nominated members of the
Council shall be British subjects of the
age of twenty-one years or upwards and
shall be appointed by the Administrator
after consultation with the Chief Minister,
by instrument under the public seal.
(2) The Administrator shall forthwith
report to Her Majesty through a Secretary
of State every appointment made under
this section."

8. Section 8 of the Principal Ordinance is
hereby repealed.

9. For section 11 of the Principal Ordinance
the following shall be substitnted:-
" Disqualifica- b
tions for nomi- 1. (1) N person shall be quali-
nated and fied to be appointed or elected as a
electedhip. ember of the Council ho-
membership. member of the Council who-


(a) is, by virtue of his own act,
under any acknowledgement of allegiance,
obedience or adherence to a foreign
power or state;


ANTIGUA.


Substitution
of section 4
of tho Princi-
pal Ordinance.













Repeal of sec-
tion 5 of the
Principal
Ordinance
Substitution
of section 6 of
the Principal
Ordinance.












Repeal of sec-
tion 8 of the
Principal
Ordinance.
Substitution
of section 11
of Principal
Ordinance.







ANTIGUA. 6


Antigua Constitution and No. of 1969.
Elections (Amemedment).

(6) holds or is acting in any public
office or in the office of judge of the
Supreme Court;
(c) is a minister of religion;
(d) has been adjudged or otherwise
declared bankrupt under any law in
force in any part of Her Majesty's
dominions and has not been discharged;

(e) is a party to, or a partner in a
firm, or a director or manager of a
company, which is a party to, any con-
tract with the Government of the Colony
for or on account of the public service
and-
(i) in the case of a nominated
member, has not disclosed to
the Administrator the nature of
such contract and his interest,
or the interest of such firm
or company, therein, or
(ii) in the case of an elected member,
has not within one month be-
fore the date of election pub.
lished in the Gazette and in
a newspaper circulating in the
electoral district for which he
seeks election a notice setting
out the nature of such contract
and his interest, or the interest
of such firm or company
therein;

(f) is a person certified to be in-
sane or otherwise adjudged to be of
unsound mind under any law in force in
the Colony;
(g) subject to the provisions of the
next following subsection, is under
sentence of, death imposed on him by a
court in any part of Her Majesty's
dominions, or, is serving a sentence of
imprisonment (by whatever name called)







No. of 1959. Antigua Constitution and 7 ANTIGUA.
Elections (Amendment).

exceeding twelve months imposed on him
by such a court or substituted by com-
petent authority for some other sentence
imposed on him by such a court, or is
under such a sentence of imprisonment
the execution of which has been sus-
pended;

(h) is disqualified for membership
of the Council by virtue of any law for
the time being in force in the Colony
relating to offences connected with elec-
tions; or

(i) in the case of an elected mem-
ber, is disqualified for election by any
law for the time being in force in the
SColony by reason of his holding, or act-
ing in, any office the functions of which
involve-

(i) any responsibility for, or in con-
nection with, the conduct of
any election; or

(ii) any responsibility for the com-
pilation or revision of any
electoral register for the pur-
pose of any election.

(2) For the purposes of paragraph (g)
of the last foregoing subsection-

(a) two or more sentences of impri-
sonment that are required to be served
consecutively shall be regarded as separate
sentences if none of those sentences
exceeds twelve months, but if anyone of
such sentences exceeds that term they
shall be regarded as one sentence; and

(b) no account shall be taken of a
sentence of imprisonment imposed as an
alternative to or in default of the pay-
ment of a fine."







ANTIGUA. 8 Antigua Constitution and No. of 1950.
Elections (Amendment).
Substitution 10. For section 12 of the Principal Ordi-
of section 12
of Principal nance the following shall be substituted:-
Ordinance.
"Tenure of 12. (1) Subject to the provisions of
office of .
nominated this Ordinance, every nominated member
and elected of the Council shall hold his seat therein
members.
during Her Majesty's pleasure.
(2) Every nominated or elected member
of the Council shall vacate his seat therein "at
the next dissolution of the Council after his
appointment or election .

(3) A nominated or elected member of
the Council shall also vacate his seat therein-
(a) if lie resigns it by writing under
his hand addressed to the Speaker;
(b) if he is absent from the sittings
of the Council for such period and in
such circumstances as may be prescribed
in the Standing Orders of the Council;
(c) if he ceases to be a British
subject;
(d) if any circumstances arise that,
if he were not a member of the Council,
would ciuse him to be disqualified for
appointment or election as such by virtue
of paragraphs (a), (b), (c), (d), ( f), (h),
or (in the case of an elected member) (j)
of subsection (1) of the last foregoing
section;
(e) if lie becomes a party to any
contract with the Government of the
Colony for or on account of the public
service, or if any firm in which he is a
partner, or any company of which he is a
director or manager, becomes a party to
any such contract, or if he becomes a
partner in a firm, or a director or manager
of a company, which is a party to any
such contract:
Provided that, if in the circumstances
it appears to the Administrator (in the







No. of 19,9. Antigua Constitution and 9 ANTIGUA.
Elections (Amendment).

case of a nominated member) or to the
Council (in the case of an elected member)
to he just so to do, the Administrator,
acting in his discretion, or the Council
(as the case may be) may exempt any
member from vacating his seat under
the provisions of this paragraph, if that
member, before becoming a party to such
contract as aforesaid, or before or as soon
as practicable thereafter becoming other-
wise interested in such contract (whether
as a partner in a firm or as a director
or manager of a company) discloses to
the Administrator or to the Council
(as the case may be) the nature of such
contract and his interest, or the interest
of such firm or company, therein.
(4) (a) Sulject to the provisions of the
next following paragraph, if any nominated or
elected member of the Council is sentenced by
a court in any part of Her Majesty's-dominions
to death or to imprisonment (by whatever
name called) for a term exceeding twelve
months, he shall forthwith cease to perform
any of his functions as a member of the
Council and his seat in the Council shall
become vacant at the expiration of a period of
thirty days thereafter:

Provided that the Administrator, acting
in his discretion (in the case of a nominated
member) or the Speaker of the Council (in the
case of an elected member) may, at the request
of the member, from time to time extend that
period for further periods of thirty days to
en:aile the member to pursue any appeal in
re';.,'ct of hii- cn,'victIion or -entence, so,
however, th;t extrensiions of time exceeding in
thie aggregat'i e tlih -e. hundred anii thirty days
shall not be g iven without the approval,
signlified by resolution, of the Council.

(b) If at any time before the member
vacates his seat he is granted a free pardon







ANTIGUA. 10 Antigua Constitution and No. of 1959.
Elections (Amendment).

or his conviction is set aside or his sentence is
reduced to a term of imprisonment of twelve
months or less or a punishment other than
imprisonment is substituted, his seat shall
not become vacant under the last foregoing
paragraph and he may resume the performance
of his functions us a member.
(c) For the purposes of this subsection-
(i. where a person is sentenced to
two or more terms of imprison-
ment that are required to be
served consecutively each of
those terms shall be regarded as
a separate term of imprisonment;
and
(ii) no account shall be taken of a
sentence of imprisonment im-
posed as an alternative to or in
default of payment of a fine."
Substitution 11. For section 13 of the Principal Ordinance
of section 13
of e Pinoi- the following shall be substituted:-
pal Ordinance.
"Validity 13. The Council shall not be disquali-
of Proceed-
oces. fied for the transaction of business by
reason of any vacancy in the membership
thereof (including any vacancy not filled
when the Council is first constituted or
is reconstituted at any time), and any
proceedings therein shall be valid notwith-
standing that some person who was not
eniitk so to do sat or voted in the
Council or otherwise took part in the
proceedings."
Suhstitution 12. For sectio'i 14 of the Principal Ordinance
of et ii-. the following shall be substituted:-
pal Ordinance
S"Determina- 14. (1) Any question whether-
ation of
questions (a) any person has been validly
bership. elected ts a member of the Council;
(b) any elected member of the
Council has vacated his seat therein or is
required by virtue of subsection (4) of






No. of 1959. Antigua Constitution and 11 AXTIGtA.
(Elections Amendment)
section 12 of this Ordinance to cease to
exercise any of his functions as a member;
or
(c).any person has been validly
elected as Speaker of the Council from
among persons who are not members of
the Council, or having been so elected,
has vacated the office of Speaker,
shall be referred to and determined by the
Supreme Court in accordance with the provi-
sions of any law enacted by the Legislature
of the Colony in that behalf and, subject to
any such law, in accordance with any direction
given in that behalf by the Chief Justice.
(2) Any question whether-
(a) any person has been validly
appointed as a nominated member of the
Council; or
(b) any nominated member of the
Council has vacated his seat therein or is
required by virtue of subsection (4) of
section 12 of this Ordinance to cease to
exercise any of his functions as a member,
shall be referred to the Administrator in
accordance with any directions given in that
behalf by the Administrator acting in his
discretion, and shall be determined by him
acting as aforesaid."
13. For section 16 of the Principal Ordinance Substitution
the following shall be substituted:- of te Prin i-
pal Ordinance.
"Tempo- 16. (1) Whenever-
rary
ebers. (a) the ev-officio member is absent
from the Colony or is performing the
functions of the office of Administrator;
(b).a nominated member is absent
from the Colony or is incapable of per-
forming his functions as a mernler by
virtue of the provisions of subsection (4)
of section 12 of this Ordinance or by







ANTIGUA. 1I Antigua Constitution and No. of 1959.
Elections (Amendment).

reason of a declaration made under
section 17 of this Ordinance,
a person may be appointed by the Admini-
strator, by instrument under the public seal,
to be a temporary member of the Council.
(2) Where an appointment is made
under this section in circumstances mentioned
in paragraph (a) of subsection (1) of this
section-
(a) the person appointed shall be a
person holding a public office;
(b) subject to the provisions of this
section, he shall hold his appointment
during Her Majesty's pleasure; and
(c) so long as his appointment shall
subsist the provisions of this Ordinance
shall, subject as aforesaid, apply to him
as if he were an ex-oficio member of the
Council.
(3) Where an appointment is made'under
this section in circumstances mentioned in
paragraph (b) of subsection (1) of this
section-
(a) the person shall be a person
qualified for appointment as a nominated
member; and
(b) so long as his appointment shall
subsist the provisions of this Ordinance
(including the provisions of section 12)
shall, subject to the provisions of this
section, apply to him as if he were a
nominatedJnember of the Council.
(t) The Administrator shall forthwith
report to Her Majesty through a Secretary of
State every appointment made under this
section.
(5) An appointment made under this
section may be revoked by the Administrator
by instrument under the public seal and shall'







No. of 1959. Antiqua Constiu!tion and 13 ANTCI UA.


in any case cease to have effect if the person
appointed is notified by the Administrator that
the circumstances giving rise to the appoint-
ment have ceased to exist.

(6) In the exercise of the powers con-
ferred upon him by this section the Admin-
istrator shall act in his discretion:

Provided that the Administrator shall
consult the Chief Minister with respect to the
making of any appointment in circumstances
mentioned in paragraph.(b) of subsection (1)
of this section and the revocation of any
appointment so made."
14. For section 17 of the Principal Ordi- Substitution
nance the following shall be constituted:- of setio 1ii-
pal Oriinance.
'Incapacity 17. The Administrator actinl in his
of nomi-
nated discretion may, by instrument under the
members. public seal, declare a nominated member
of the Council to be, by reason of illness,
temporarily incapable of performing his
functions as a member of the Council and
thereupon such member shall not perform
his said functions until he is declared, in
manner aforesaid, again to be capable of
performing them."
15. For section 18 of the Principal Ordi- Substitution
of section 18
nance the following shall be substittted:- of the Princi-
pal Ordinance.
"Sessions 18. (1) Subject to the provisions of
Council. this section, the sessions of the Council
shall be held at such times and places as
the Administrator may appoint by
proclamation published in the Gazette.

(2) The first session of the Council shall
commence within a period of six months after
the coming into operation of this section, and
thereafter there shall be a session of the
Council from time to time so that a period of
twelve months does not intervene between the
last sitting in one session and the first sitting
in the next session."








ANTIGUA. 14 Antigua Constitution and No. of 1950.
Elections ( Amendment).
Substitution 16. For section 19 of the Principal Ordi-
of section 19
of thePrinci- nance the following shall be substituted:-
pal Ordinance.
"Speaker 19. (1) When the Council first
and
Deputy meets after any general election and before
Speaker. it proceeds to the despatch of any other
business, it shall elect a person to be the
Speaker of the Council; and, if the office
of Speaker falls vacant for any reason
other than a dissolution of the Council,
the Council shall, as soon as practicable,
elect another person to that office.
(2) The Speaker may be elected either
from among the members of the Council who
are not members of the Executive Council or
from among persons who are not members of
the Council;
Provided that a person who is not a
member of the Council shall not be elected as
Speaker if-
(a) he is not a British subject; or
(b) he is a person disqualified for
election as an elected member of the
Council by virtue of paragraph (a), (b),
(c), (d), (f), (g), (h) or (j) of subsection
(1) of section 11 of this Ordinance.
(3) When the Council first meets after
any general election and before it proceeds to
the despatch of any other business except the
election of the Speaker, it shall elect a member
of the Council who is not a member of the
Executive Council to be Deputy Speaker of
the Council; and if the office of Deputy
Speaker falls vacant for any reason other than
a dissolution of the Council, the Council shall,
as soon as convenient, elect another such
member to that office.
(4) A person shall vacate the office of
Speaker or Deputy Speaker-
(a) on a dissolution of the Cotncil;
(b) in the case of a Speaker elected
from among the members of the Council








No. of 1959. Antiqua Constitution and 15 ANTIGUA.

or in the case of the De1puty Speaker, if
he ceases to be a member of the Council
for any reason other thrian a dissolution of
the Council or if, by virtue of subsection
(4) of section 12 of this Ordinance, he is
required to cease to perform any of his
functions as a member or if he is ap-
pointed to be a member of the Executive
Council;
(c) in the case of a Speaker elected
from among persons vho are not mem-
bers of the Council, if he ceases to be a
British subject or if any circumstances
arise that would cause him to be dis-
qualified for election as an elected mem-
ber of the Council by virtue of paragraph
(a), (b), (c), (d),(f ) (h) or (j) of sub-
section (1) of section 11 of this Ordi-
nance or that, if he were an elected
member, would, by virtue of subsection
(4) of section 12 of this Ordinance,
require him to cease to perform any of
his functions as a member:
(d) if he announces the resignation
of his office to the Council or if, by
writing under his hand addressed, in the
case of the Speaker to the Clerk of the
Council and in the case of the Deputy
Speaker to the Speaker (or if the office
of Speaker is vacant or the Speaker is
absent from the Colony, to the Clerk) he
resigns that office;
,(e) in the case of the Deputy
Speaker, if he is elected to be Speaker."
17. For section 20 of the Principal Ordi- Substitution
iance the following shall be substituted:- of th iui-
"Presiding 20. (1) The Speaker or, in his pal ordinance
Coni., absence, the Deputy Speaker or, if they
are both absent, a member of the Council
(not being a member of the Executive
Council) elected by the Council for that
sitting shall preside at each sitting of'the
Council.








ANTIGUA. 16 Antigua Curnsl;tiluin Uand o. of 1950.
Elections (Amendment).

(2) References in this section to circum-
stances in which the Speaker or Deputy
Speaker is absent include references to cir-
cumstances in which the office of Speaker or
Deputy Speaker is vacant."
Substitution 18. For section 22 of the Principal Ordi-
ofsection 22. nance the following shall be substituted:-
of the Princi-
pal Ordinanoo
Oath or 22. No member of the Council shall be
affirmation
of Allekiance. permitted to take part in the proceedings of
the Council (other than proceedings necessary
for the purposes of this section) until he has
made and subscribed before the Council the
following oath of allegiance:-
I, A.B., do swear that I will be faithful
and bear true allegiance to Her Majesty
Queen Elizabeth the Second, Her Heirs
and Successors according to law.
So help me God! ":
Provided that any person authorised by
law to make an affirmation instead of taking
an oath may make such affirmation in like
terms instead of taking the said oath:
Provided also that the election of a
Speaker and Deputy Speaker of the Council
may take place before the members thereof
have made such oath or affirmation."


Substitution
of section 23
of the Princi-
pal Ordinance.


19. For section 23 of the Principal Ordi-
nance the following shall be substituted:-


"Quorum.


23. (1) If at any sitting of the Council
any member who is present draws the atten-
tion of the person presiding at the sitting to
the absence of a quorum and, after such
interval as may be prescribed in the Standing
Orders of the Council, the person presiding at
the sitting ascertains that a quorum of the
Council is still not present the Council shall
be adjourned.
(2) A quorum of the Council shall con-
sist of seven members besides the person
presiding at the sitting."








AnfHiua Consit ution ani
Eections (A ,,nddment).


20. For section 24 of the Principal Ordi-
nance the following shall be substitued:--


" Voting,


24. All questions proposed for
decision in the Council shall be deter-
mined by a majority of the votes of the
members present and voting:


Provided that the person presiding shall
not vote unless on any question the votes are
equally divided, in which case he shall have
and exercise a casting vote."

21. For section 25 of the Principal Ordi-
nance the following shall be substituted:-


" Prroroga-
tion and
dissolution.


25. (1) The Administrator acting in
accordance with the advice of the Chief
Minister may at any time, by proclama-
tion published in the Gazette, prorogue
the Council.


(2) The Administrator, acting after con-
sultation with the Chief Minister, may at
any time, by proclamation published in the
Gazette, dissolve the Council.
(3) The Administrator shall dissolve the
Council at the expiration of five years from
the date when the Council first meets after
any general election unless it has been sooner
dissolved."

22. For section 26 of the Principal Ordi-
nance the following shall be substituted:-
"General 26. A general election of elected mem-
elections, bers of the Council shall be held at such
time within three months after the coming
into operation of this section and after
every dissolution of the Council as the
Administrator shall appoint by procla-
mation published in the Gazette."
23. For section 27 of the Principal Ordi-
nance the following shall be substituted:-
tintroduc- 27. (1) Subject to the provisions of
Bill etc. this Ordinance and of the Standing Orders
of the Council, any member may introduce


17 ANTATOA,


Substitution
of section 24
of the Princi-
pal Ordinance.


Substitution
of section 25
of the Princi-
pal Ordinance.


Substitution
of section 26
of the Princi-
pal Ordinance.







Substitution
of section 27
of the Princi-
pal Ordinance.


No. of 1959.








ANryGUA. 18 A'ntiua Constittion and No. of 1959.
Elections (Amendment).
any Bill or propose any motion for debate in,
or may present any petition to, the Council,
and the same shall be debated and disposed of
according to the Standing Orders of the
Council.
(2) Except on the recommendation of
of the Administrator signified by a Minister,
the Council shall not-

(a) proceed upon any Bill (including
any amendment to a Bill) which, in the
opinion of the person presiding in the
Council, would dispose of or charge any
public revenue or public funds of the
Colony or alter any disposition thereof or
charge thereon or impose, alter or repeal
any rate, tax or duty;
(b) proceed upon any motion (in-
cluding any amendment to a motion) the
effect of which, in the opinion of the
person presiding in the Council, is that
provision should be made for an) of the
purposes aforesaid; or
(c) receive any petition which in the
opinion of the person presiding in the
Council, requests that provision be made
for any of the purposes aforesaid."
substitution 24. For section 28 of the Principal Ordi-
of section 28
of the Prinoi. nance the following shall be substituted:-
pal Ordinance.
"Power to 28. Subject to the provisions of the
ke l. West Indies (Federation) Order in Council,
1957, and of this Ordinance, the Legislature
shall have power to make laws for the peace,
order and good government of the Colony."
Substitution 25. For subsection (1) of section 29 of the
sub section Principal Ordinance the following shall be substi-
29 of the Prin- tuted:-
cipal Ordinance. "(1) Subject to provisions of this Ordi-
nance, the Council may make, amend and
revoke Standing Orders for the regulation and
orderly conduct of its own proceedings and








No. of 19,9. An1tigna (ondituition and 19 ArTIGtA.
Elections (Amendment).

the despatch of business, and the passing,
intituling and numbering of Bills and the
presentation of the same to the Administrator -
for assent."
26. For section 30 of the Principal Ordi- Substitution
of section 30
nance the following shall be substituted:- of the Princi-
"Penalty 30. (1) Any person who sits or pal Ordinance.
for unau- .
thorised votes in the Council knowing or having
person reasonable grounds for knowing that he
orvoting. is not entitled so to do shall be liable
to a penalty not exceeding one hundred
dollars for every day upon which he so
sits or votes.
(2) The said penalty shall be recoverable
by action in the Supreme Court at the suit of
the Attorney General."

27. Sections 31 and 32 cf the Principal Repealofsee-
tions 31 and
Ordinance are hereby repealed. 2of the
Principal
Ordinance.
28. For subsections (1) and (2) of section 33 Substitution
of the Principal Ordinance the following shall be o)",n (2) of
substituted: section 33 of
(1) A Bill shall not become a law until Ordinace.pal
either:-
(a) the Administrator has assented
thereto in Her Majesty's name and on
Her Majesty's behalf and has signed the
same in token of such assent; or
(b) Her Majesty has given Her
assent thereto through a Secretary of
State and the Administrator has signified
such assent by proclamation published in
the Gazette.
(2) When a Bill is presented to the
Administrator for assent he shall declare that
that he assents or refuses to assent thereto
or that he reserves the Bill for the signification
of Her Majesty's pleasure:
Provided that, unless he has been
autho;isled by a Secretary of State to assent
thereto, the AdMlinistrator shall reserve for the
the signification of Her Majesty's pleasure any
Bill-








ANTIGUA. 20 Antti~gL.a Conslitutlhm1 and
Electio?is (Amcndinent).


Insertion of
new section in
the Principal
Ordinance.


No. of 1959.


(a) which appears to him, acting in
in his discretion-
(i) to be inconsistent with any
obligation of Her Majesty or of
Her Majesty's Government in
the United Kingdom towards
any other state or power or any
international organisation;
(ii) to be likely to prejudice the
Royal prerogative, or the main-
tenance of law and order in the
Colony, or the efficiency of the
Judiciary or the Public Service
or any part thereof;
(b) which is in any way repugnant
to or inconsistent with the provisions of
this Ordinance."

29. The following new section numbered
33A is hereby inserted in the Principal Ordinance
immediately after section 33 thereof:-


worse of 33A. In every Bill presented to the
enactment. Administrator for assent the words of enact-
ment shall be as follows:-
"Be it enacted by the Queen's Most
Excellent Majesty, by and with the advice
and consent of the Legislative Council of
Antigua, and by the authority of the same as
follows:-"

Substitution 30. For section 34 of the Principal Ordi-
of section 34 nance the following shall be substituted:-
of the Princi-
pal Ordinance.
"Disallow- 34. (1) Any law assented to by the
ofws. Administrator may be disallowed by Her
Majesty through a Secretary of State.
(2) Whenever any law has been dis-
allowed by Her Majesty the Administrator
shall cause notice of such disallowance to be
published in the Gaze:le and the law shall be
annulled with effect from the date of publica-
tion of that notice.
(3) On the annulment of any law under
this section, any enactment repealed or amend-








No. of 1959.


Antigua Constitution and
Elections (Amendm ent).


21 ANTIGUA.


ed 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; but save as
provided by the foregoing provisions of this
subsection the provisions of subsection (2) of
section 18 of the Interpretation and General
Clauses Act, 1955, shall apply to that annul-
ment as they apply to the repeal of an
Ordinance."
31. For section 34A of the Principal
Ordinance the following shall be substituted:-

"Exercise 34A. (1) In the exercise of the
offunc-
tions con- functions conferred by sections 9, 21, 35,
ferred on 37, 39, subsection (1) of section 43,
Adminis-
trator. sections 50, 57, 58 and subsection (3)
of section 79 of this Ordinance, the
Administrator shall act in his discretion.
(2) Where the Administrator is directed
by this Ordinance to exercise any function
after consultation with any person or authority
he shall not be obliged to exercise that function
ineaccordance with the advice of that person
or authority.
(3) Where the Administrator is directed
by this Ordinance to exercise any function in
accordance with the advice of, or after con-
sultation with, any person or authority, the
question whether he has so exercised that
function shall not be enquired into in any
court.
(4) The Administrator shall not be
obliged to obtain the advice of the Executive
Council in relation to the exercise of any
function conferred upon him by this Ordinance
which is expressed to be exercisable by him in
his discretion."

32. The following new section numbered
34B is hereby inserted in the Principal Ordinance
immediately after section 34A. thereof:-
"Privileges 34B. The Legislature may by law
et. of Ooun-
oil. determine and regulate the privileges, im-


121 955.


Substitution
of section 34A
of the Princi-
pal Ordinance.


Insertion of
new section
in the Princi-
pal Ordinance.








22 Antigua Constitution and No. of 1959.
Elections (Amendment).
munities and powers of the Council and the
members thereof, but no such privileges,
immunities or powers shall exceed those of
the Commons' House of Parliament of the
United Kingdom or of the members thereof."
Commence- 33. (1) Save as provided in subsection (2)
meant. of this section, this Ordinance shall come into
operation on the first day of January, 1960.
(2) Paragraph (d) of subsection (1) of section
3, subsection (3) of section 3, sections 4, 5, 6, 7, 8,
9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 10, 20, 21,
22, 23, 24, 25, 26 and 32 of this Ordinance as well
as subsections (1), (2) and (3) of section 34A of
the Principal Ordinance as substituted by section
31 of this Ordinance shall come into operation on
the day subsequent'to the first day of January,
1960, on which the Legislative Council constituted
by the Principal Ordinance is next dissolved.

President.
Passed the Legislative Councilithis day of
1959. *


Clerk of the Council.







No. of 1959.


Antigua Constitution and
Elections (Amendment).


23 ANTIGUA.


OBJECTS AND REASONS.

This Bill seeks to make such provisions as are necessary
to give effect to those decisions of the Leeward and Windward
Islands Constitutional Conference held in London in June,
1959, which relate to the Legislative Council.
2. Special attention is directed to clause 33 of the Bill
which seeks, in keeping with the decision of the Conference, to
provide for the agreed changes to be introduced after the exist-
ting Legislative Council is next dissolved. This clause also
seeks to make provision whereby the abolition of the Gover-
nor's reserved legislative power and the new provisions regard-
ing the reservation by the Administrator of certain Bills will
be given effect as from the 1st January, 1960.


W. E. JACOBS,
Attorney General.


Attorney General's Chambers,
St. Jvhn's,
Antigua
2nd December, 1959.


Printed at the Goverrnmut Printing Office, Antigua, Leeward Islands,
by EARL PIGOTT, Government Printer.-By Authority.
1959.


Price 49 cents


-12.59.







No. of 1959. Police Act (A4mendment Vo. 2).


ANTIGUA.

No. of 1959.
BILL FOR
An Ordinance to amend further the Police Act,
1951, to provide for the Antigua, Montserrat
and Virgin Islands Police Force and for pur-
poses connected therewith.
[1st January, 1960.] commence-
ment.
ENACTED by the Legislature of the Colony
of Antigua.
1. This Ordinance may be cited as the Police Short title.
Act (Amendment No. 2) Ordinance, 1959, and shall Acts
12/1951.
be read as one with the Police Act, 1951, as amended, 5/193
hereinafter called the Principal Act. 13/1955.
S.R. & O.
1956/22.
Ordinances
911957.
3/1959.
2. For the Long Title of the Principal Act Snbstitution
the following shall be substituted:- of Long Title
"An Act relating to the Antigua, Mont- ofi ct.ePrin
serrat and Virgin Islands Police Force."
3. (1) For the words "Governor" and Amendment
"Governor of the Leeward Islands wherever they p1 ctP0i


ANTIGUA,








ANTIGUA. 2 Police Act (Amendment .No. 2) No.


Amendment
of section 2
of the Prin-
oipal Act.


occur in the Principal Act the word Administra-
tor shall be substituted.
(2) For the word Commissioner" wherever
it occurs in the Principal Act the words Superin-
tendent" shall be substituted.

4. Section 2 of the Principal Act is hereby
amended as follows:-

(i) by deleting the definition of the expression
Commissioner ";
(ii) by substituting the following for the defi-
nition of the expression Force "-
Force means the Antigua, Mont-
serrat and Virgin Islands Police
Force;
(iii) by substituting the following for the defi-
nition of the expression Gazetted Police
Officer "-
Gazetted Police Officer means the
Superintendent or any Assistant
Superintendent;
(iv) by inserting the following immediately
after the definition of the expression
Medical Board "-
Police Service Commission "means
the Police Service Commission
established by t h e Leeward
Islands and Windward Islands
(Police Service Commission)
Order in Council, 1959;

(v) by substituting a semi-colon for the full-
stop at the end of the section and adding
the following definition immediately
thereafter:-
Superintendent" means the Super-
intendent of the Force appointed
under section 7 of this Act.
6. Subsection (1) of section 3 of the Princi-
Act is hereby amended by deleting the words
continue to"

6. Section 6 of the Principal Act is hereby
amended as follows:--


Amendment
of section 3
of the Prin-
cipal Act.
Amendment
of section 6
of the Princi-
pal Act..


of 1959.







No. of 1959. Police Act (Amendment So. 2). 3 ANTIGUA.

(i) by deleting the words Superintendents
and ";
(ii) by substituting a full-stop for the colon
after the word "approved and deleting
the proviso to the section.
7. Immediately after section 6 of the Princi- Insertion of
pal Act the following new sections numbered 6A, oo'so
'6B and 6C shall be inserted:- in the Prinoi-
pal Act.
"Leeward 6A. (1) Every person who, on the
Islands thirty-first day of December, 1959, is a
Police Force
personnel. member of A ", "C or D Division
of the Leeward Islands Police Force shall
be deemed to be a member of the Force.

(2) Any person who, on the thirty-first
day of December, 1959, is a member of B "
Division of the Leeward Islands Police Force
and who, on the first day of January, 1960, is
a member of the Saint Christopher, Nevis and
Anguilla Police Force may, with his concur-
rence and upon the recommendation of the
Head of the Saint Christopher, Nevis and
Anguilla Police Force coupled with the
approval of the Superintendent, be transferred
to the Force: Provided that such transfer of
any person who was a Superintendent or an
Assistant Superintendent in the Leeward
Islands Police Force shall be subject to the
approval of the Administrator.

(3) Any person who is a member of the
Force by virtue of subsection (1) of this section
or who has been transferred to the Force under
subsection (2) of this section may at his option
exercisable as provided in subsections (4) and
(5) of this section retire from the Force.

(4) The option referred to in subsection
(3) of this section shall be exercisable not
later than the day immediately preceding the
expiration of three months after the first day
of January, 1960; and if any person Irs exer-
cised the said option his decision so to do shall
be irrevocable.







of 1959. Police Act (Amendiment 'o. 2).


(5) The date of the exercise of the option
referred to in subsection (3) of this section
shall be deemed to be the date of the receipt of
a police officer's written notification addressed
to the Superintendent.
(6) Any Inspector, subordinate police
officer or constable who retires from the Force
under subsection (3) of this section after having
served ifi the Force for ten years or upwards
(his service in the Leeward Islands Police
Force being service in the Force by virtue of
section 6C of this Act) but without having
attained, in the case of an Inspector, the age of
fifty-five years, or, in the case of a constable or
subordinate police officer, the age of fifty years,
shall, notwithstanding any of the provisions of
section 45 of this Act, be eligible for pension
under the provisions of this Act.

Tranf era 6B. (1) Without prejudice to the opera-
Transferto o.
Saint christo- tion of section 6A of this Act and subject to
pher, Nevis the provisions of subsection (2) of this section,
and Anguilla
Police Force. any member of the Force may be transferred to
the Saint Christopher, Nevis and Anguilla
Police Force.
(2) No member of the Force may be
transferred by virtue of the provisions of sub-
section (1) of this section unless such member
concurs in the transfer and unless the transfer
is made upon the recommendation of the
Superintendent coupled with the concurrence
of the Head of the Saint Christopher, Nevis
and Anguilla Police Force: Provided that any
such transfer of a Superintendent or an Assist-
ant Superintendent shall be subject to the
approval of the Administrator.
continuity C. Any person who-
" Continuity
of service. (i) is a member of the Force by virtue of
subsection (1) of section 6A of this Act;
(ii) has been transferred to the Force under
subsection (2) of section 6A of this Act;
(iii) not being a person to whom subsection
(1) or (2) of section 6A of this Act is


ANTIcrA. 4 No.







No. of 1959. Police Act (Amendment No. 2). 5

applicable has been transferred to the
Force from the Saint Christopher, Nevis
and Anguilla Police Force.

shall be deemed to be employed under the pro-
visions of this Act without any break in his
service as a police officer for the residue of
what would have been his term of appointment
in the Leeward Islands Police Force or, as the
case may be, what was his term of appointment
in the Saint Christopher, Nevis and Anguilla
Police Force; unless before the expiration of
the said term such employment shall be lawful
ly terminated."

8. For section 8 the Principal Act the follow-
ing shall be substituted:-
"Appoint- 8. Every appointment to the Force of
ments. the rank of Assistant Superintendent shall
be made by the Administrator after con-
sultation with the Police Service Commis-
sion, and every appointment to the Force
below the rank of Assistant Superinten-
dent may be made by the Superintendent."
9. Subsection (1) of section 9 of the Princi-
pal Act is hereby amended by substituting the words
" his services may be dispensed with, in the case of
the Superintendent, by the Administrator; in the
case of an Assistant Superintendent by the Admi-
nistrator after consultation with the Police Service
Commission and, in the case of an Inspector, by the
Administrator for the words his services may be
dispensed with by the Governor ".

10. For section 32 of the Principal Act the
following shall be substituted:-


" Dismissal
and reduc-
tion,


32. (1) The Administrator may order
the dismissal from the Force or reduct-
ion in rank of any Inspector who is con-
victed of a criminal offence or any breach
of any d -eiplinary regulations made un-
der this Act.


ANTItfA.


Substitution
of section 8 of
the Principal
Act.







Amendment
of section 9 of
the Principal
Act.







Substitution
of section 32
of the Princi-
pal Act.


(2) The Superintendent may order the
dismissal from the Force or reduction in rank
of any subordinate police officer or constable







ANTIGUA. 6 Police Act (Amendment No. 2). No. of 1959.
who is convicted of a criminal offence or any
breach of any disciplinary regulations made
under this Act.
(3) Dismissal or reduction in rank under
subsection (1) or subsection (2) of this sec-
tion may be ordered in addition to any pun-
ishment which may he imposed on conviction
as aforesaid whether, in the case of a dismissal,
a recommendation to that effect has or has not
been made and without calling on the offender
to showjcause why he should not be dismissed."

Amendment 11. Section 33 of the Principal Act is hereby
of section 3 amended as follows:-
of the Prin-
oipal Act.
(i) by deleting the word "Inspector," oc-
curring in subsection (1);

(ii) by inserting the words ", save in the cases
otherwise provided for under subsection
(2) of this section," immediately after
the words "determine the charge or com-
plaint and" occurring in subsection (1);

(iii) by -substituting the words coupled, in
the case of the Superintendent (if he
thinks fit) with dismissal from the Force
and, in the case of a Gazetted Police
Officer other than the Superintendent (if
he thinks fit) or, in the case of a Magis-
trate (if he thinks fit) for the words
coupled (if he thinks fit) occurring in
subsection (1);

(iv) by inserting the words "in the case of
constables only, immediately before the
word "confinement" at the commence-
ment of paragraph (f) of subsection (1);

(v) by substituting a full-stop for the colon
immediately, before ,the proviso to subsec-
tion (1) nd( deleting the said proviso;
(vi) by reintrinr g subsections (5,) and (3)
as (F) anl (6) respectively, and by
inserting the following new subsections








No. of 1959. Police Act amendmentnt lNo. 2). 7 ANTIGUA.
as subsections (2), (3) and (4) respectively:-
(2) Where any such charge or
complaint is made-against a subordinate
police officer holding the rank of sergeant
or above and such charge or complaint is
heard and determined by a Gazetted
Police Officer other than the Superin-
tendent, the Gazetted Police Officer shall
not impose any sentence but shall-
(i) where such subordinate police
officer pleads guilty to the
charge or complaint, send the
record of the proceedings to the
Superintendent who may, after
giving the officer an opportuni-
ty of being heard, impose any
of the sentences provided in
paragraphs (a), (b), (c), (d)
and (e) of subsection (1) of
this section, coupled (if he
thinks fit) with dismissal from
the Force;
(ii) where such subordinate police
officer pleads not guilty and is
found guilty of the charge or
complaint, send the record of
the proceedings to the Superin-
tendent who shall deal with the
same in the manner provided in
subsection (3) of this section.
(3) Where a subordinate police officer of
or above the rank of sergeant is found guilty
of a charge or complaint which is heard by a
Gazetted Police Officer other than the Super-
intendent and the record of the proceedings
has been sent to the Superintendent as requir-
ed by paragraph (ii) of subsection (2) of this
section, the Superintendent may, after giving
the officer an opportunity of being heard,
exercise any or all of the following powers,
that is to say:-
(i) return the proceedings for the
taking of further evidence;







ANTIGUA. 8 Police Act


(A cndme:.t 1Vo 2). No, of 19)0.,

(ii) whether further evidence is
taken or not, quash the'proceed-
ings and rehear the charge or
complaint himself de novo or
order the charge or complaint
to be reheard de novo by a
Gazetted Police Officer other
than the Gazetted Police
Officer who heard the same in
the first instance;

(iii) reverse or vary the finding;

(iv) impose any sentence which he
might have imposed under
subsection (1) of this section if
he had heard the charge or
complaint himself.


(4) Where any such charge or
complaint is made against any Inspector
such charge or complaint shall be heard
and determined by the Superintendent, or
by a Magistrate on the written request of
the Superintendent and the Superinten-
dent or the Magistrate may impose any of
the sentences provided in paragraphs (a),
(b), (c), (d) and (e) of subsection (1) of
this section, coupled (if he thinks fit)
with a recommendation for dismissal
from the Force. "

Amendment 12. Section 34 of the Principal Act is here-
of section 31 by amended as follows:-
of the Princi-
pal Act.
(i) by substituting the following for subsec-
tion (1) of the section-


" (1) Where-
(a) an Inspector, subordinate police
officer or constable is dissatisfied with a
decision given-
(i) by the Superintendent or by a
Magistrate under subsection (1)
or subsection (4) of section 33
of this Act; or







No. of 1959. Police Act (Amendment To. 2) 9 ANTIGUA.

(ii) by the Superintendent in exer-
cise of the powers conferred on
him by subsection (2) or sub-
section (3) of section 33 of this
Act,
he may within seven days after such
decision has been communicated to him
appeal therefrom to the Administrator;

(b) a subordinate police officer
below the rank of sergeant, or any con-
stable is dissatisfied with the decision of
a Gazetted Police Officer other than the
Superintendent, he may within seven
days after the Gazetted Police Officer's
decision has been communicated to him
appeal to the Superintendent and if he is
dissatisfied with the decision of the
Superintendent he may appeal therefrom
to the Administrator within seven days
after the decision of the Superintendent
has been communicated to him.";
(ii) by inserting the words ", after
consultation with the Police
Service Commission," immedi-
ately after the words subsec-
tion (3) of this section shall "
occurring in subsection (4).

13. Section 35 of the Principal Act is Amendment
hereby amended as follows:- of sceioP 35
cipal Aot.
(i) by deleting the comma occurring
after the word "sergeant";
and
(ii) by inserting the words "on
any between the word or "
and the word "constable".

14. Section 63A of the Principal Act is Amendment
hereby amended as follows:- of the Prin-
oipnl Act.
(i) by deleting the words ", with
the approval of the Governor
of the Leeward Islands," occur-
ring in subsection (1);








ANTIGUA. 10 Police Act (Amendment -No. 2) No.


(ii) by substituting the following
for subsection (3) of the
section-

(3) Before requiring any Inspec-
tor, subordinate police officer or constable
to retire from the Force as provided in
subsection (2) of this section, the
Administrator shall call for a full report
from the Superintendent, and, if, after
considering that report and giving such
Inspector, subordinate police officer or
constable an opportunity of subniitting a
reply to the complaint by reason of
which his retirement is contemplated, the
Administrator is satisfied, having regard
as aforesaid, that it is desirable in the
interest of the Force that such Inspector,
subordinate police officer or constable
should be retired his retirement shall
have effect accordingly."

Substitution 15. For section 85A of the Principal Act
of seo i 5^A the following shall be substituted:-
cipal Act.
"Exercise of 85A. (1) Wherever in sections 5, 7, 9,
dminisra- 13, 32, 44, 44A, 45, 46, 47, 48, 50, 51, 52,
tor's func- I
tions. 55, 56, 57, 59, 60, 63, 63A, 64, 66 and 67 of
this Act reference is made to the Adminis-
trator such reference shall be construed to
mean the Adminiistrator, acting in his
discretion.

(2) Where the Administrator is directed
by this Act to exercise any function after
consultation with any person or authority he
shall not be obliged to exercise that function
in accordance with the advice of that person
or authority.

(3) Where the Administrator is directed
by this Act to exercise any function after
consultation with any person or authority, the
question whether lie has so exercised that
function shall not be enquired into in any
court.


of 1959.







No. of 1959. Police Act (Amendment No. 2). 11 ANTIGUA.

(4) The Administrator shall not be
obliged to obtain the advice of the Executive
Council in relation to the exercise of any
function conferred upon him by this Ordin-
ance which is expressed to be exercisable by
him in his discretion. "

16. This Ordinance shall come into opera- Commence-
tion on the first day of January, 1960. ment.


President.

Passed the Legislative Council this
day of 1959.


Clerk of the Council.








OBJECTS AND REASONS


This Bill seeks to give effect to the decisions of the Leeward
and Windward Islands Constitutional Conference held in
London in June, 1959, relative to the Police Force for the
Colony and to make such provisions as are deemed necessary in
connection therewith.

W. E. JACOBS,
Attorney General.
Attorney General's Chambers,
St. Johns,
Antigua.
3rd December, 1959.


Printed at the Government Printing Office, Antigua, Leeward Islands;
by EARL PIGOTT, Government Printer-By Authority.
1959.


[Priac 25 cants]


-12.59.






Adaptation of Laws.


ANTIGUA.

No. of 1959.
BILL FOR
An Ordinance to provide for the adaptation of
the laws of the Colony to bring them into
conformity with the provisions of the Anti-
gua Letters Patent, 1959.
[1st January, 1960] Commence-
ment.
ENACTED by the Legislature of the Colony
of Antigua.
1. This Ordinance may be cited as the Adap- short title.
station of Laws Ordinance, 1959.
2. (1) Notwithstanding the revocation of the Adaptation
Leeward Islands Letters Patent, 1956 and the Lee- existing
ward Islands Letters Patent, 1958, all other laws
which are in force in the Colony immediately before
the date on which those Instruments are revoked
shall (subject to amendment or repeal by the com-
petent authority) continue in force thereafter but
shall, subject to any such amendment and to any
adaptation or modification made under subsection
(3) of this section, be construed with such adapta-


No. of 1959.


ANTIGUA.









tions and modifications as may be necessary to bring
them into conformity with the provisions of the
Antigua Letters Patent, 1959.
(2) Without prejudice to the generality of
the preceding subsection, any reference to the
Governor or to the Governor of the Leeward Islands
or to His Excellency the Governor in any such law
which continues in force after the commencement
of this Ordinance shall, subject as provided in that
subsection, be construed as a reference to the Admi-
nistrator.
(3) (a) The Administrator in Council may, by
order made at any time within a period of one year
commencing with the coming into operation of this
Ordinance and published in the Gazette,-make such
adaptations and modifications in any law in force in
the Colony immediately before the commencement
of this Ordinance as appear to him to be necessary
or expedient by reason of anything contained in this
Ordinance.
(b) An Order made under this subsection shall
have effect from such date, not being earlier than
the date of commencement of this Ordinance, as
may be specified therein, and may be revoked or
amended in relation to any law affected thereby by
the authority competent to repeal or amend that law.
Commence- 3. This Ordinance shall come into operation
ment. on the first day of January, 1960.


President.

Passed the Legislative Council this day of
1959.


Clerk of the Council.


ANTIGUA. 2


Adaptation of Lawvs.


No. of 1959.







Adaptation of Laws.


OBJECTS AND REASONS.

This Bill seeks to make such provisions as are
necessary for the adaptation of local laws so as to
bring them into conformity with the (provisions of
the Antigua Letters Patent, 1959.

W. E. JAcoBs.
Attorney General.

Attorney General's Chambers,
St. John's,
Antigua.
23rd November, 1959.'






























Printed at the Government Printing Offioe, Antigua, Leeward Islands,
by EARL PIOOTT, Govornment Printer.-By Authority.
1959.


-12.59.


No. of 1959.


3 ANTIGUA.


[ Price 9 Cents]




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