The St. Helena Constitution Order 1988

• (a) any reference to power to make appointments to any public office shall be construed as including a reference to power to make appointments on promotion and transfer, appointments on contract and appointments to act in an office during any period when it is vacant or the holder thereof is absent from St. Helena or its Dependencies or is for any other reason unable to perform the functions thereof;

• (b) any reference to power to remove a public officer from office shall be construed as including a reference to any power conferred by any law to require or permit that officer to retire from the public service and to any power or right to terminate a contract on which a person is employed as a public officer and to determine whether any such contract shall or shall not be renewed.

• (4) Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment 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.

• (5) In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office.

• (6) Any power conferred by this Constitution to make any subsidiary instrument or to give any instructions or directions shall be construed as including a power exerciseable in like manner to amend or revoke any such instrument, instructions or directions.

• (7) Where a person is required by this Constitution to make an oath he shall, if he so desires, be permitted to comply with that requirement by making an affirmation in the form provided for in the Schedule to this Constitution.

SCHEDULE 2 TO THE ORDER — REVOCATIONS

Signed

G. I. de Deney — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order confers a new Constitution on St. Helena and its Dependencies. In particular it provides for a Governor appointed by Her Majesty, and for St. Helena an Executive Council, a Legislative Council, and Council Committees. Provision is also made regarding a Supreme Court and Court of Appeal for the territories.

Footnotes

[^f00001]: 1833 c. 85.

[^f00002]: 1887 c. 54 and 1945 c. 7 (9 & 10 Geo. 6).

[^f00003]: S.I. 1966/1458, amended by S.I. 1967/1138, 1987/1268.

[^f00004]: S.I. 1964/1845.

[^f00005]: S.I. 1969/857, amended by S.I. 1975/1211, 1983/1113.

[^f00006]: 1978 c. 30.