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1966 No. 575 the Guyana Independence Order 1966

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1966 No. 575 the Guyana Independence Order 1966 135 ST ATUTORY INSTRUMENTS 1966 No. 575 The Guyana Independence Order 1966 Made 16th May 1966 Laid before Parliament Coming into Operation Sections 4 and 13 16th May 1966 Remainder 26th May 1966 At the Court at Buckingham Palace, the 16th day of May 1966 Present, The Queen's Most Excellent Majesty in Council Her Majesty, by virtue and in exercise of the powers vested in Iler by sections 6 and 7 of the Guyana Independence Act 1966(a) 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 ordtred, as follows:- " 1.-(1) This Order may be cited as the Guyana Independence Citation, commenc:io- Order 1966. ment and (2) Subject to the provisions of sections 4 and 13 of thisOrder , canstructioo. 1 this Order shall l:Ome into operation on 26th May 1966 (in this Order - referred to as " the appointed day"). (3 ) Save where the context otherwise requires, expressions used in sections I to 19 (inclusive) of this Order have the same meanill:g as in the Constitution set out in Schedule 2 to this Order and the provisions of article 125 of that Constitution sha11 apply for the purpose of interpreting those sections as they apply for the purpose of inter­ preting that Constitution. (4) References in article 92 of the said Constitution to any question as to the interpretation of that Constitution shall be construed as in­ cluding references to any question as to the interpretation of any provision of this Order. 2.-(lJ The Orders in Council specified in Schedule 1 to this Order Revocations (hereinafter referred to as " the existing Orders ") are revoked. and amendments. (2) The British Caribbean Court of AppealOrder_ in Council 1962(b) (as amended by the British Caribbean Court of Appeal (Amendment) (No. 2) Order in Council 1962(c) is amended by the deletion of para­ graph (c) (which specifies British Guiana) of the definition of "the Territories" in article 2(1); and the last mentioned Order is amended by the deletion of the words " and of the Supreme Court of British Guiana " in paragraph (b) of article 3(1). (a) 1966C. 14 ( b)�.J. 1962/1086 (1962 II, p. 1247). ( c) S.J. 1962/1870 (1962 II, p. 2186). 136 Establish­ ment of 3. Subject to the prov1s1ons of the next following section and to Constitution. the other provisions of this Order, the Constitution of Guyana set out in Schedule 2 to this Order (hereinafter referred to as " the Con­ stitution ") shall come into effect on the appointed day. Exercise before 4.-{I) Where the Governor-General has power by or under this appointed Order to make any appointment or make any order (other than an day by the order under section 5(4) of this Order relating to any Act of the Governor of Parliament of the United Kingdom or any Order of Her Majesty in powers of the Council) or to do any other thing for the purposes of this Order, that Governor­ power may be exerci�ed by the Governor and Commander-in-Chief General. of the Colony of British Guiana (hereinafter referred to as " the Governor ") at any time after the making of this Order to such extent as may, in his opinion, be necessary or expedient to enable the Constitution to function as from the appointed day. (2) For the purposes of the exercise by the Governor under the preceding subsection of any power conferred by the Constitution, the provisions of the Constitution relating to the exercise of that power by the Governor-General (including any provisions requiring any person or authority to consult with, or obtain the concurrence of, any other person or authority before tendering any advice or recommenda­ tion to the Governor-General) shall apply and have effect, but any references therein to the Prime Minister, the Attorney-General, the Cabinet, the Government or the National Assembly of Guyana or the Speaker or members of the Natlonal Assembly shall be construed as if they were references respectively to the Prime Minister, the Attorney-General. the Council of Ministers, the Government or the Hbuse of AssembJ�, of the Colony of British Guiana or the Speaker or members of the House of Assembly. Existing laws. 5.-(l) Subject to the provisions of this Order, all laws (including laws made or having effect as if made under the existing Orders) in force in, or otherwise having effect as part of the law of, British Guiana immediately beforn the appointed day (in this section referred to as •• existing Jaws ") shall continue to have effect as part of the law of Guyana on and after that day but all such laws shall, as from that day, be construed with such modifications, adaptations, quali­ fications and exceptions as may be necessary to ·aring them into conformity with the Guyana Independence Act 1966 and this Order. (2) Where any matter that falls lo be prescribed or otherwise pro­ vided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under an existing Jaw (including any amendment to any such Jaw made under this section) or is otherwise prescribed or provided for immediately before the appointed day by or under the existing Orders, that pre­ scription or provision £hall, as from that day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the Guyana Independence Act 1966 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) Without prejudice to the generality of the foregoing provisions of this section, if a proclamation of emergency is in force under article 14 of the Constitution set out in the Annex to the British Guiana (Constitution) Order in Council 196l(a) immediately before (a) S.I. 1961/1188 (1961 H, p. 2152). 137 the appointed day by virtue of a resolution of the House of Assem_bl�. the proclamation shall, as from the appointed day, have effect as 1f 1t had been made under article 16 of the Constitution of Guyana and (without prejudiee.,. to its continuance in force for further periods by virtue of the provisions of paragraph (3)(c) of the said article) as if its continuance in force to the date referred to in that resolution had been approved by a resolution of the National Assembly ; and if any person is on the appointed day detained ·or restricted in the manner .. referred to in article 17(1) of the Constitution of Guyana the provisions of that article requiring his case to be reviewed hy a tribunal established for the purposes of that article not later than three months from the commencement of the detention or restriction shall, in relation to that person, have effect as if the detention or restriction had commenced on the appointed day. (4) The Governor-General may by order made at any time before 26th May 1967 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 Guyana Independence Act 1966 and this Order or otherwise for giving effect or enabling effect to be given to those provisions. (5) An order made by the Governor-General under the preceding subsection shall have effect from such day, not earlier than the appointed day, as may be specified therein. (6) 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. (7) Nothing contained in or done under the authority of any written law having effect as part of the law of British Guiana immediately before 18th July 1961 (being the date appointed under section 1(2) of the British Guiana (Constitut:on) Order in Council 1961) and, except in proceedings commenced before 26th November 1966, nothing contained in or done under the authority of any law made under the existing Orders shall be held to have been inconsistent with or in contravention of any provision of articles 2 to 12 (inclusive) of the Constitution set out in the Annex to the said Order of 1961 ; and accordingly, except in so far as any such law has before the appointed day been repealed or held to be inconsistent with any such provision, and without prejudice to any proceedings commenced before 26th November 1966 (including proceedings commenced before the appointed day) with respect to a law made under the existing Orders, any such law shall, notwithstanding any inconsistency with any such provision, be deemed for the purposes of subsection (I) of this section and of article 18(1) of the Constitution to be a law having effect as part of the law of British Guiana immediately befor� the appointed day . (8) In this section " amendment " includes modification and adaptation. • 6.-(1) The persons who immediately before the appointed day hold Ministers, office as Prime Minister or other Minister, Attorney-General or Parlia­ Attorne_y­ Gener.a1and mentary Secretary shall, as from the appointed day, hold the like offices Parliamen­ as if they had been appointed thereto in accordance with the provisions tary of the Constitution, and shall be deemed to have taken and subscribed Secretaries. any necessary oath under the Constitution. 138 (2) Any person holding the office of Prime Minister or other Minister by virtue of the provisions of the precediag subsection who, imme­ diately before the appointed day, was charged with responsibility for any matter or department of Government under the existing Orders shall, as from the appointed day, be deemed to have been assigned responsibility for that matter or department under article 36 of the Constitution.
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