The Falkland Islands Constitution Order 2008

• (8) Where this Constitution vests in any person or authority the power to appoint any person to act in or to exercise the functions of any office if the holder of that office is himself or herself unable to exercise those functions, no such appointment shall be called in question on the grounds that the holder of the office was able to exercise those functions.

• (9) Subject to sections 25, 66 and 67, where the Governor is directed by this Constitution to exercise any power or function after consultation with any person or authority, he or she shall not be obliged to exercise that power or function in accordance with the advice of that person or authority.

• (10) No provision of this Constitution that any person or authority shall not be subject to the direction or control of any person or authority in the exercise of any functions under this Constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this Constitution or any other law.

• (11) Without prejudice to section 14 of the Interpretation Act 1978⁹, where any power is conferred by this Constitution to make any order, regulation or rule or give any direction or make any designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such order, regulation, rule, direction, or designation.

ANNEX A TO THE CONSTITUTION — RULES FOR THE ENACTMENT OF LAWS

ANNEX B TO THE CONSTITUTION — OATHS AND AFFIRMATIONS

Signed

Judith Simpson — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order establishes a new Constitution of the Falkland Islands. The new Constitution sets out a modernised Chapter on fundamental rights and freedoms of the individual. It provides for a Governor as Her Majesty’s representative in the Islands. It provides for a Legislative Assembly composed of eight elected and two ex officio members, and for an Executive Council composed of three of the elected members of the Assembly and two ex officio members. It also provides for finance, the public service, the administration of justice, and a Complaints Commissioner.

The Order revokes the Falkland Islands Constitution Order 1985 (as amended), to which the current Constitution is scheduled.

Footnotes