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The Bahamas Constitution, 1973
STATUTORY INSTRUMENT 1973 No. 1080
CARIBBEAN
AND NORTH ATLANTIC TERRITORIES
The Bahamas Independence Order 1973
Made: 20th June 1973
Laid
Before Parliament: 26th June 1973
Coming into Operation: 10th July 1973
At the Court at Windsor Castle, the 20th day of June 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 Bahamas Islands
(Constitution) Act 1963(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 ordered, as follows:
1. (1) This
Order may be cited as The Bahamas Independence Order 1973.
(2) Subject to the provisions of the next following subsection this
Order shall come into operation on 10th July 1973 (in this
(3) The Governor and Commander-in-Chief of the Bahamas Islands may
at any time after 20th June 1973 exercise any of
the 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
power 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 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
office under the Bahamas Islands (Constitution) Order 1969(a) (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
section 1 to 17 of this Order shall have the same meaning as in the
Constitution and the provisions of Article 127 and 137 of 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 Bahamas
Island immediately before the appointed day (including any law made
before the appointed day and coming into operation on or after that
day).
3.
Subject to the provisions
of this Order, the Constitution shall come into effect on the appointed
day.
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(b) and this Order.
(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 by 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 Bahamas 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 Senator in accordance with
the provisions of the Constitution.
(2) The persons who immediately before the appointed day are
members of the House of Assembly then established for the Bahamas
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 or
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 in to 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 Bahamas 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.
(2) The persons (other than the Prime Minister) who immediately
before the appointed day hold office as Minister under the existing
Order shall, as from the appointed day, hold the like office 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 person 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.
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.
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.
(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 Bahamas Islands may be continued after the
appointed day before the Court of Appeal for The Bahamas
established by the Constitution.
(2) Any judgment of the Court of Appeal for the Bahamas Islands in
an appeal from a court of the Colony of the Bahamas 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 the Turks
and Caicos Island 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.
12.
Until provisions 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 of the holders of each of the 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 Bahamas Island was entitled immediately before
such day.
13.
(1) Any power of the
Governor and Commander-in-Chief of the Bahamas Island 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 power could be so
delegated under Article 110 of the Constitution.
(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 recommenced.
(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 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 Draftsmen, 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(a) and any Order in Council amending that Order
(b) 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.
(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 Bahamas Island 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.
16.
Any compensations,
gratuity, grant or allowance paid or payable, whether before or after
the appointed day, under any regulation made by the Governor under
section 15 of the Bahamas Islands (Constitution) Order in Council
1963(c) or under section 9 of the Bahamas Island (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 Bahamas
Island, shall be exempt from tax to the same extent in The Bahamas after
the appointed day.
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.
(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.
W. G. Agnew
Arrangement
of Articles 1 2
3 4
5 6
7 8
9 10
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