British Solomon Islands Order 1964

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Made- - - - - - - - - - - - -- - - - --	25^th September 1964
To be laid before Parliament Coming into Operation
Section 31 - - - - - - - - - - - -- - - Remainder - - - - - -- - - - -- -- - -	4^th November 1964 On a day to be appointed under section 1(2)

4. High Commissioner's powers and duties.
5. High Commissioner's powers of pardon, etc.
6. High Commissioner's powers as respects offices.
7. Public officers.

8. Executive Council.
9. High Commissioner to consult Executive Council.
10. High Commissioner may act against advice of Executive Council,
11. Vacation of seats of official and unofficial members of Executive Council.
12. Temporary members of Executive Council.
13. Determination of questions as to membership.
14. Oath or affirmation by members of Executive Council.
15. Summoning of Executive Council.
16. Presiding in Executive Council.
17. Proceedings in Executive Council.
18. High Commissioner to submit questions.

19. Legislative Council.
20. Ex officio members.
21. Official members.
22. Elected members.
23. Nominated members.
24. Qualifications for elected and nominated membership.
25. Disqualifications for elected and nominated membership.
26. Vacation of seats of official, elected and nominated members.
27. Vacation of seat on sentence, etc.
28. Temporary members of Legislative Council.
29. Determination of questions as to membership.
30. Persons not to be treated as holding public offices.
31. Law as to elections.

32. Power of High Commissioner to make laws.
33. Power of High Commissioner and Legislative Council to make laws.
34. Royal Instructions.
35. Standing Orders.
36. Privileges of Legislative Council and its members.
37. Oath or affirmation of allegiance.
38. Presiding in Legislative Council.
39. Proceedings in Legislative Council.
40. Voting.
41. Introduction of Bills, etc.
42. Assent to Bills.
43. Publication and commencement of laws.
44. Disallowance of laws. 45. Sessions.
46. Prorogation and. dissolution.
47. General elections.

48. Executive Council.
49. Existing officers.
50. Concurrent appointments, reappointment and re-election.
51. Existing laws.
52. Power reserved to Her Majesty.

Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act 1890(a) or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

(2) This Order shall be published in the Gazette and, except for section 31, shall come into operation on such day (in this Order referred to as " the appointed day ") as the High Commissioner, in his discretion, by proclamation published in the Gazette shall appoint, which day shall not be earlier than the day when this Order is so published or than 4th November 1964; and section 31 shall come into operation on 4th November 1964.

"Chief Secretary" means the Chief Secretary to the Western Pacific High Commission;

"Financial Secretary" means the Financial Secretary to the Western Pacific High Commission;

"High Commissioner" means Her Majesty's High Commissioner for the Western Pacific;

"meeting" means any sitting or sittings of the Legislative Council commencing when the Council first meets after being summoned at any time and terminating when the Council is adjourned sine die, or at the conclusion of a session;

"public officer" means the holder of a public office or a person appointed to act in a public office;

"the public service" means the service of the Crown in a civil capacity in respect of the government of the Protectorate;

"session" means the sitting of the Legislative Council commencing when the Council first meets after being constituted under this Order, or after its prorogation or dissolution at any time, and terminating when the Council is prorogued or is dissolved without having been prorogued;

"sitting" means a period during which the Legislative Council is sitting continuously without adjournment, and includes any period during which the Council is in committee.
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(a) 53 & 54 Vict. C. 37

(2) In this Order, unless the context otherwise requires, reference to the holder of all office by the term designating his office includes, to the extent of his authority, any person who is for the time being authorized to perform the functions of that office.

(3) The Interpretation Act 1899(a) shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of Parliament of the United Kingdom.

3. The British Solomon Islands (Constitution) Order in Council 1960(b) is revoked.
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(a) 2 & 53 Vict. c. 63;
(b) S.I. 1960/1367 (1960 11, p. 2652)

4. The High Commissioner shall have such powers and duties as are conferred or imposed upon him by or under this Order or any other law for the time being in force in the Protectorate, and such other powers and duties as Her Majesty may from time to time be pleased to assign to him, and, subject to the provisions of this Order and of any other law by

which any such powers or duties are conferred or imposed, shall do and execute all things that belong to his office (including the exercise of any powers with respect to which he is empowered by this Order to act in his discretion) according to such instructions, if any, as Her Majesty may from time to time see fit to give him; but the question whether he has in any matter complied with such instructions shall not be enquired into by any court.

5. Subject to the provisions of any Instructions given under Her Majesty's Sign Manual and Signet, the High Commissioner, in his discretion, may, in Her Majesty's name and on Her Majesty's behalf, -

(a) grant to any person concerned in the commission of any offence for which he may be tried by any court established for the Protectorate or to any person convicted of any offence in any court established for the Protectorate a pardon, either free or subject to lawful conditions;

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any sentence passed on that person by any court established for the Protectorate;

(c) substitute a less severe form of punishment for that imposed by any sentence of any such court; or

(d) remit the whole or any part of any such sentence or of any penalty or forfeiture otherwise due to Her Majesty on account of any offence in respect of which a person has been convicted by any court established for the Protectorate.

6.-(1) Subject to the provisions of this Order and of any other law for the time being in force in the Protectorate, the High Commissioner, in his discretion, shall have power, in Her Majesty's name and on Her Majesty's behalf, -

(a) to constitute such offices as may lawfully be constituted by Her Majesty and abolish any office so constituted by him;

(b) to make appointments (including appointments on promotion and transfer) to any office so constituted by him; and

(c) to terminate the appointment of or dismiss any person so appointed, or suspend him from performing the functions of his office, or take such other disciplinary action with respect to him as may be necessary.

(2) A person appointed to an office constituted under this section shall, unless it is otherwise provided by law, hold office during Her Majesty's pleasure.

(3) Any office constituted for the Protectorate by the High Commissioner under section 5(1) of the British Solomon Islands (Constitution) Order in Council 1960(a) and subsisting immediately before the appointed day shall, for the purposes of this Order, be deemed to be an office constituted by the High Commissioner under this section.
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(a) 5.f, 1960/1367 (1960 11, p. 2652)

7.-(1) Subject to the provisions of this Order, power to appoint to public offices, and to promote, transfer, terminate the appointment of, dismiss, and exercise disciplinary control over, public officers, shall vest in the High Commissioner, in his discretion.

(2) The High Commissioner, in his discretion, may delegate to any public officer, in such manner and on such conditions as he may think fit, any of the powers conferred upon him by this section.

(3) If any law or other instrument in force in the Protectorate immediately before the appointed day confers upon any public officer any power to appoint, promote, transfer, terminate the appointment of, dismiss, or exercise disciplinary control over, other public officers, that power shall be deemed to have been delegated to that officer by the High Commissioner under this section, and shall be exercisable by that officer until it is revoked by the High Commissioner or until the provision conferring it has been repealed or revoked.

(2) Subject to the provisions of this Order, the Executive Council shall consist of -

(a) three ex officio members, that is to say, the Chief Secretary, the Attorney-General and the Financial Secretary;

(b) such official members, being persons who are public officers, as the High Commissioner, in his discretion, shall from time to time appoint by instrument under the public seal; and

(c) such unofficial members, being persons who are qualified for election as elected members or for appointment as nominated members of the Legislative Council, as the High Commissioner, in his discretion, shall from time to time appoint by instrument under the public seal.

(3) The High Commissioner shall, without delay, report to Her Majesty through a Secretary of State every appointment made under this section.

9.-(1) Subject to the provisions of this section, the High Commissioner shall consult the Executive Council in the exercise of all powers conferred upon him by this Order or by any other law for the time being in force in the Protectorate, except -

(a) any power conferred upon him by this Order which he is empowered to exercise in his discretion; or

(b) any power conferred upon him by any other law which he is empowered, either expressly or by implication, to exercise without consulting the Council.

(2) The High Commissioner shall not be required to consult the Executive Council in any case in which, in his judgment, -

(b) the matters to be decided are too unimportant to require such consultation; or

(c) the urgency of the matter requires him to act before the Council can be consulted.

(3) In every case falling within paragraph (c) of the last foregoing subsection the High Commissioner shall, as soon as practicable, communicate to the Executive Council the measures which he has adopted and the reasons for those measures.

10.-(l) In any case in which the High Commissioner is required by the last foregoing section to consult the Executive Council he may, if he thinks it right to do so, act against the advice given to him by the Council; but if he so acts he shall at the first convenient opportunity report the matter to a Secretary of State with the reasons for his action.

(2) Whenever the High Commissioner acts against the advice of the Executive Council any member of the Council may require that there shall be recorded in the minutes any advice or opinion he may give upon the question at issue and his reasons.

11.-(1) Official members and unofficial members of the Executive Council shall hold their seats in the Council during Her Majesty's pleasure.

(2) An official member or an unofficial member of the Executive Council shall vacate his seat -

(a) at such time or in such circumstances as may be specified in the instrument by which he is appointed;

(b) if he resigns his seat by writing under his hand addressed to the High Commissioner and, in the case of an official member, the High Commissioner, in his discretion, accepts his resignation;

(c) if he is absent from the Protectorate for a period of more than two weeks without written permission given by the High Commissioner, in his discretion;

(d) when, after any dissolution of the Legislative Council, he is informed by the High Commissioner that the High Commissioner is about to reappoint him as a member of the Executive Council or to appoint another person in his place;

(e) in the case of an official member, if he ceases to hold a public office; or

(f) in the case of an unofficial member, if he ceases to be qualified for election as an elected member or for appointment as a nominated member of the Legislative Council.

12.-(1) Whenever an official member or an unofficial member of the Executive Council is unable, because he is ill, or absent from the Protectorate, or for any other reason, to perform his functions as a member of the Council, the High Commissioner, in his discretion, may, by instrument under the public seal, appoint to be temporarily a member of the Council -

(b) in place of an unofficial member, a person who is qualified for election as an elected member or for appointment as a nominated member of the Legislative Council.

(2) The High Commissioner shall, without delay, report to Her Majesty through a Secretary of State every appointment made under this section.

(3) A person appointed under this section to be temporarily a member of the Executive Council shall vacate his seat if the High Commissioner, in his discretion, revokes his appointment, or when he is informed by the High Commissioner that the member in whose place he was appointed is again able to perform his functions as a member of the Council, or when the seat of that member becomes vacant.

(4) Subject to the provisions of this section, the provisions of this Order shall apply in relation to a person appointed to be temporarily a member of the Executive Council as they apply in relation to the member in whose place he was appointed.

13. Any question whether a person is a member of the Executive Council shall be determined by the High Commissioner, in his discretion.

14. Before assuming the functions of his office a member of the Executive Council shall make before the High Commissioner, or some person authorized in that behalf by the High Commissioner, an oath or affirmation for the due execution of his office in the form set out in the Schedule to this Order together with any other oath or affirmation that may be prescribed by any law for the time being in force in the Protectorate.

15. The Executive Council shall not be summoned except by the authority of the High Commissioner, in his discretion.

16.-(1) The High Commissioner shall, so far as is practicable, attend and preside at all meetings of the Executive Council.

(2) In the absence of the High Commissioner there shall preside at any meeting of the Executive Council -

(a) such member of the Council as the High Commissioner, in his discretion, may either generally or specially appoint; or

(b) in the absence of that member, or if no member be so appointed, the senior ex officio member of the Council; and for this purpose the Chief Secretary, the Attorney-General and the Financial Secretary shall rank in that order.

17.-(1) No business except that of adjournment shall be transacted in the Executive Council if objection is taken by any member present that there are less than three members present besides the High Commissioner or the member presiding.

(2) Subject to the provisions of the last foregoing subsection, the Executive Council shall not be disqualified for the transaction of business by reason of any vacancy in the membership of the Council, and any proceedings in the Council shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings.

(3) The High Commissioner or the member presiding, when in his opinion the business before the Executive Council makes it desirable, may, in his discretion, summon any person to a meeting of the Council, notwithstanding that that person is not a member of the Council.

18. The High Commissioner shall alone be entitled to submit questions to the Executive Council; but if the High Commissioner declines to submit any question to the Council when requested in writing by any member of the Council to do so, that member may require that there shall be recorded in the minutes his written application, together with the High Commissioner's answer.

(2) Subject to the provisions of this Order, the Legislative Council shall consist of -

20. The ex officio members of the Legislative Council shall be the Chief Secretary, the Attorney-General and the Financial Secretary.

21.-(1) The official members of the Legislative Council shall be appointed by the High Commissioner, in his discretion, by instrument under the public seal, from among persons who are public officers.

(2) The High Commissioner shall, without delay, report to Her Majesty through a Secretary of State every appointment made under this section.

22.-(1) The elected members of the Legislative Council shall be persons qualified for election as such under the provisions of this Order, and shall be elected in the manner provided by any law for the time being in force in the Protectorate.

(b) two shall be elected for the Central District, excluding the town of Honiara;

23.-(1) The nominated members of the Legislative Council shall be persons qualified for appointment as such under the provisions of this Order, and shall be appointed by the High Commissioner, in his discretion, by instrument under the public seal.

(2) The High Commissioner shall, without delay, report to Her Majesty through a Secretary of State every appointment made under this section.

24. Subject to the provisions of the next following section, a person shall be qualified for election as an elected member or for appointment as a nominated member of the Legislative Council if, and shall not be so qualified unless, -

(c) he has resided in the Protectorate during the three years immediately before the date of his election or appointment, as the case may be, for a period of, or periods amounting in the aggregate to, not less than two years, or is domiciled in the Protectorate and is resident there at that date; and

(d) he can speak and read English well enough to be able to understand and take part in the proceedings of the Council.

25.-(1) No person shall be qualified for election as an elected member or for appointment as a nominated member of the Legislative Council who -

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

(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law for the time being in force in any part of the Commonwealth;

(d) is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in the Protectorate;

(e) is under sentence of death imposed on him by a court in any part of the Commonwealth, or is under a sentence of imprisonment (by whatever named called) for a term exceeding twelve months, other than a sentence in lieu of a fine, but including a suspended sentence, imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court;

(f) is disqualified for membership of the Council or for registration as a voter or for voting at elections under any law for the time being in force in the Protectorate relating to offences connected with elections; or

(g) in the case of an elected member, holds, or is acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any election to the Council or the compilation or revision of any electoral register for that purpose.

(2) For the purpose of paragraph (e) of the last foregoing subsection two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms.

26.-(1) Official members and nominated members of the Legislative Council shall hold their seats in the Council during Her Majesty's pleasure.

(c) if he resigns his seat by writing under his hand addressed to the High Commissioner, and the High Commissioner, in his discretion, accepts his resignation; or

(3) An elected member or a nominated member of the Legislative Council shall vacate his seat -

(b) if he resigns his seat by writing under his hand addressed to the High Commissioner;

(c) if, being an elected member, he accepts appointment as a nominated member, or, being a nominated member, he accepts nomination as a candidate for election to the Council;

(d) if he is absent from two consecutive meetings of the Council without having obtained from the High Commissioner, before the termination of either meeting, permission to be or to remain absent therefrom;

(e) if any circumstance arises that, if he were not a member of the Council, would cause him to be disqualified for election or appointment thereto by virtue of paragraph (a), (b), (c), (d), (f) or (g) of subsection (1) of the last foregoing section; or

27.-(1) Subject to the provisions of this section, if an official member, an elected member or a nominated member of the seat on Legislative Council is sentenced by a court in any part of the Commonwealth to death or to imprisonment (by whatever name called) for a term exceeding twelve months, he shall forthwith cease to perform 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 High Commissioner may, at the request of the member, from time to time extend that period for thirty days to enable the member to pursue any appeal in respect of his conviction or sentence so however that extensions of time exceeding in the aggregate three hundred and thirty days shall not be given without the approval of the Council signified by resolution.

(2) If at any time before the member vacates his seat he is granted a free pardon or his conviction is set aside or his sentence is reduced to a term of imprisonment of less than twelve months or a punishment other than imprisonment is substituted, his seat in the Legislative Council shall not become vacant under the provisions of this section, and he may again perform his functions as a member of the Council.

(3) For the purpose of this section two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms.

28.-(1) Whenever an official member or a nominated member of the Legislative Council is unable, because he is ill, or absent from the Protectorate, or for any other reason, to perform his functions as a member of the Council, the High Commissioner, in his discretion, may, by instrument under the public seal, appoint to be temporarily a member of the Council -

(b) in place of a nominated member, a person who is qualified for appointment as a nominated member.

(2) The High Commissioner shall, without delay, report to Her Majesty through a Secretary of State every appointment made under this section.

(3) A person appointed under this section to be temporarily a member of the Legislative Council shall vacate his seat if the High Commissioner, in his discretion, revokes his appointment, or when he is informed by the High Commissioner that the member in whose place he was appointed is again able to perform his functions as a member of the Council, or when the seat of that member becomes vacant.

(4) Subject to the provisions of this section, the provisions of this Order shall apply in relation to a person appointed to be temporarily a member of the Legislative Council as they apply in relation to the member in whose place he was appointed.

(a) a person has been validly elected an elected member of the Legislative Council; or

(b) an elected member of the Council has vacated his seat therein or is required under section 27 of this Order to cease to perform his functions as a member,

shall be determined in accordance with any law for the time being in force in the Protectorate.

(a) a person has been validly appointed an official member or a nominated member of the Legislative Council; or

(b) an official member or a nominated member of the Council has vacated his seat therein or is required under section 27 of this Order to cease to perform his functions as a member,

30.-(1) For the purposes of Part III and of this Part of this Order a person shall not be treated as holding, or acting in, a public office by reason only that he -

(a) is on leave of absence pending relinquishment of a public office, or is on leave of absence without salary from a public office;

(c) is receiving any remuneration or allowance as a member of the Executive Council or of the Legislative Council;

(d) is a retired or reserve member of Her Majesty's forces or a special constable;

(e) is a headman, or an assistant headman, or a member of a town council or other local government council established under any law for the time being in force in the Protectorate; or

(f ) is the holder of an office in the service or appointment of the Crown, or is performing any functions on behalf of the Crown, if the only payments he receives in respect of that office or those functions are by way of travelling or subsistence allowances or a refund of out-of-pocket expenses.

(2) A provision in any law for the time being in force in the Protectorate that a person shall not be treated as holding, or acting in, a public office for all or any of the purposes of Part III and of this Part of this Order shall have effect as if it were included in this Order.

31.-(1) Subject to the provisions of this Order, a law made under section 33 of this Order may provide for the election of the elected members of the Legislative Council, and in particular, and without prejudice to the generality of the foregoing power, may provide for -

(c) the nomination of candidates for election (including the number of persons required to support nominations);

(e) the division of the Protectorate into constituencies for the purpose of elections, and the division of such constituencies for any purpose connected with elections;

(h) the determination of any question whether any person has been validly elected an elected member of the Legislative Council or whether an elected member of the Legislative Council has vacated his seat therein; and

(i) the definition and trial of offences connected with elections and the imposition of penalties therefor, including disqualification for membership of the Legislative Council, or for registration as a voter, or for voting at elections, of any person concerned in any such offence.

(2) Subject to the provisions of this Order, 4th November 1964 and before the first sitting of the Legislative Council the High Commissioner, in his discretion, may by regulation make such provision as appears to him to be necessary or expedient with respect to any matter referred to in the last foregoing subsection; and constituencies may be established, registration of voters may take place, and all other things necessary or expedient to prepare for the holding of elections may be done in pursuance of such regulations at any time after 4th November 1964 notwithstanding that the other provisions of this Order have not yet come into operation; but no election shall be held before the appointed day.

(3) Regulations made under the last foregoing subsection may be amended or revoked -

(a) before the first sitting of the Legislative Council, by regulations made by the High Commissioner, in his discretion; and

(b) thereafter, by regulations made by the High Commissioner, or by a law made under section 33 of this Order.

(a) may be given retrospective effect to a day not earlier than 4th November 1964;

(b) shall be published by exhibition at the Public Office of the High Commissioner; and

(c) shall be printed in the Gazette as soon as may be after the date of such publication.

32. Subject to the provisions of this Order, the High Commissioner may make laws for the peace, order and good government of the Protectorate.

33. Subject to the provisions of this Order, the High Commissioner with the advice and consent of the Legislative Council, may make laws for the peace, order and good government of the Protectorate.

34. Subject to the provisions of this Order, the High Commissioner with the advice and the Legislative Council shall, in the transaction of business and the making of laws, conform as nearly as may be to the directions contained in any Instructions given under Her Majesty's Sign Manual and Signet which may from time to time be addressed to the High Commissioner in that behalf.

35.-(1) Subject to the provisions of this Order and of any Instructions given under Her Majesty's Sign Manual and Signet, the Legislative Council may from time to time make, amend and revoke Standing Orders for the regulation and orderly conduct of its own proceedings and the despatch of business, and for the passing, intituling and numbering of Bills and for the presentation thereof to the High Commissioner for assent; but no such Standing Orders or amendment or revocation thereof shall have effect until they have been approved by the High Commissioner.

(2) Until other provision is made under this section, the Standing Orders of the Legislative Council shall be the Standing Orders of the Legislative Council established by the British Solomon Islands (Constitution) Order in Council 1960(a) which were in force immediately before the appointed day, and those Standing Orders shall be read and construed with such adaptations and modifications, if any, as may be necessary for the purposes of this Order, and may be amended or revoked by the Council under this section:

Provided that the High Commissioner, in his discretion, may at any time after the appointed day and before the first sitting of the Council amend those Standing Orders to conform with the provisions of this Order.
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(a) S.I. 1960/1367 (1960 II, p.2652)

36. A law made under section 33 of this Order may determine and regulate the privileges, immunities and powers of the Legislative Council and its members, but no such privileges, immunities or powers shall exceed those of the Commons House of Parliament of the United Kingdom of Great Britain and Northern Ireland or of its members.

37. No member of the Legislative Council shall be permitted to take part in the proceedings of the Council (other than proceedings necessary for the purpose of this section) until he has made before the Council an oath or affirmation of allegiance in the form set out in the Schedule to this Order.

38.-(1) The High Commissioner shall, so far as is practicable, attend and preside at all meetings of the Legislative Council.

(2) In the absence of the High Commissioner there shall preside at any meeting of the Legislative Council -

(a) such member of the Council as the High Commissioner, in his discretion, may either generally or specially appoint; or

(b) in the absence of that member, or if no member be so appointed, the senior ex officio member of the Council; and for this purpose the Chief Secretary, the Attorney-General and the Financial Secretary shall rank in that order.

39.-(1) No business except that of adjournment shall be transacted in the Legislative Council if objection is taken by any member present that there are less than nine members present besides the High Commissioner or other member presiding.

(2) Subject to the provisions of the last foregoing subsection, the Legislative Council shall not be disqualified for the transaction of business by reason of any vacancy in the membership of the Council, and any proceedings in the Council shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings.

40.-(1) All questions proposed for decision in the Legislative Council shall be determined by a majority of the votes of the members present and voting.

(2) If upon any question before the Legislative Council the votes are equally divided, the High Commissioner or other member presiding shall have a casting vote in addition to his original vote.

(3) The High Commissioner shall exercise his power to vote according to his discretion.

41.-(1) Subject to the provisions of this Order and to the Standing Orders of the Legislative Council, any member may introduce any Bill or propose any motion for debate in, or may present any petition to, the Council, and the Bill, motion or petition shall be debated and disposed of according to the Standing Orders of the Council.

(2) Except on the recommendation of the High Commissioner, in his discretion, the Legislative 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, -

(i) makes provision for imposing or increasing any tax, for imposing or increasing any charge on the revenues or other funds of the Protectorate, or for altering any such charge otherwise than by reducing it, or for compounding or remitting any debt due to the Protectorate; or

(ii) effects any alteration in the salary, allowances or conditions of service (including leave, passages and promotion) of any public officer or in the law, regulations or practice governing the payment of pensions, gratuities or other like benefits to any public officer or former public officer or his widow, children, dependants or personal representatives;

(b) proceed upon any motion (including 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 any 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.

42.-(1) A Bill passed by the Legislative Council shall not become a law until either -

(a) the High Commissioner has assented to it in Her Majesty's name and on Her Majesty's behalf and has signed it in token of his assent; or

(b) Her Majesty has given Her assent to it through a Secretary of State, and the High Commissioner has signified Her assent by proclamation published together with the law by exhibition at the Public Office of the High Commissioner.

(2) When a Bill is presented to the High Commissioner for his assent, he shall, in his discretion, but subject to the provisions of this Order and of any Instructions given under Her Majesty's Sign Manual and Signet or through a Secretary of State, declare that he assents, or refuses to assent, to it, or that he reserves the Bill for the signification of Her Majesty's pleasure:

Provided that the High Commissioner shall reserve for the signification of Her Majesty's pleasure any Bill which determines or regulates the privileges, immunities or powers of the Legislative Council or of its members unless he has been authorized by a Secretary of State to assent to it.

(a) shall be published by exhibition at the Public Office of the High Commissioner;

(b) shall be printed in the Gazette as soon as may be after the date of such publication; and

(c) shall come into operation on the date of such publication or, if it is enacted either in the law or in some other law, that it shall come into operation on some other date, on that date.

44.-(1) Any law made by the High Commissioner under section 32 or assented to by him under section 42 of this Order maybe disallowed by Her Majesty through a Secretary of State.

(2) Whenever any law has been disallowed by Her Majesty the High Commissioner shall cause notice of the disallowance to be published by exhibition at the Public Office of the High Commissioner and to be printed in the Gazette as soon as may be after the date of such publication.

(3) A law disallowed by Her Majesty shall be annulled with effect from the date of publication of notice of the disallowance.

(4) Section 38(2) of the Interpretation Act 1889(a) shall apply to the annulment of any law under this section as it applies to the repeal of an Act of Parliament, save that any enactment amended or repealed 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.

45. The sessions of the Legislative Council shall be held at such place and begin at such time as the High Commissioner may from time to time appoint by proclamation published by exhibition at the Public Office of the High Commissioner, and the proclamation shall be printed in the Gazette as soon as may be after the date of such publication; but a period of twelve months shall not elapse between the date when the Council last sat in one session and the date appointed for its first sitting in the next session.

46.-(1) The High Commissioner, in his discretion, may at any time prorogue or dissolve the Legislative Council by proclamation published by exhibition at the Public Office of the High Commissioner, and the proclamation shall be printed in the Gazette as soon as may be after the date of such publication.

(2) The High Commissioner shall dissolve the Legislative Council at the expiration of two years from the date when the Council first meets after any general election if it is not sooner dissolved.

(3) The Legislative Council established by the British Solomon Islands (Constitution) Order in Council 1960(b) shall be deemed to have been dissolved on the appointed day.

47. There shall be a general election at such time within six months after the appointed day, and thereafter within three months after every dissolution of the Legislative Council, as the High Commissioner shall appoint by proclamation published by exhibition at the Public Office of the High Commissioner, and the proclamation shall be printed in the Gazette as soon as may be after the date of such publication.
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(a) 52 & 53 Vict. c. 63;
(b) S.I. 1960/1367 (1960 II, p.2652).

48. Notwithstanding the revocation by this Order of the British Solomon Islands (Constitution) Order in Council 1960(b), the Executive Council established by that Order -

(a) shall continue on and after the appointed day to exist as if the provisions of Part III of that Order (other than sections 15 and 16) were still in force, until such time as the High Commissioner shall appoint by proclamation published by exhibition at the Public Office of the High Commissioner; and

(b) shall, until that time, perform its functions and be consulted by the High Commissioner in accordance with the provisions of this Order and of any Instructions given under Her Majesty's Sign Manual and Signet.

49.-(1) Subject to the provisions of this Order, any person who, immediately before the appointed day, holds or is acting in any office constituted for the Protectorate under section 5(1) of the British Solomon Islands (Constitution) Order in Council 1960(a), or any public office otherwise constituted, shall, on and after that day, continue to hold or to act in his office as if he had been appointed to it in accordance with the provisions of this Order.

(2) Any person to whom the last foregoing subsection applies who, before the appointed day, has made any oath or affirmation required to be made by him before assuming the functions of his office shall not, by reason only of that subsection, be required to make a like oath or affirmation.

50.-(1) Whenever the holder of any office constituted for the Protectorate under this Order, or any public office otherwise constituted, is on leave of absence pending relinquishment of his office -

(b) that person shall, for the purpose of any function of that office, be deemed to be the sole holder of that office.

(2) Any person who has vacated his seat in the Executive Council or in the Legislative Council, or has vacated any other office constituted for the Protectorate under this Order, may, if qualified, be reappointed or re-elected, as the case may require, from time to time.

51.-(1) The continued operation of the laws in force in the Protectorate immediately before the appointed day shall not be affected by reason only of the revocation of the British Solomon Islands (Constitution) Order in Council 1960(a), and those laws shall, subject to amendment, repeal or revocation by any authority having power to amend, repeal or revoke
them, continue in force as from that day; but, for the avoidance of doubt, it is hereby declared that the provisions of those laws shall have effect on and after that day only to such extent as they are consistent with the provisions of this Order.

(2)(a) The High Commissioner, in his discretion, may, by order published in the Gazette, at any time within twelve months after the appointed day provide that an existing law shall be read and construed with such adaptations and modifications as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of this Order or otherwise for giving effect, or enabling effect to be given, to those provisions; and any existing law shall have effect accordingly from such date as may be specified in the order.

(b) In this subsection "an existing law" means a law made by any legislature in the Protectorate, or an instrument made in exercise of a power conferred by a law so made, that is in force in the Protectorate immediately before the appointed day.

(a) may be given retrospective effect to a day not earlier than the appointed day; and

(b) may be amended, revoked or replaced by a further order so made or, in relation to any law or instrument affected thereby, by any authority having power to amend, repeal or revoke that law or instrument.

(4) All laws which, by virtue of section 43 of the British Solomon Islands (Constitution) Order in Council 1960(a), are styled "Ordinances", and which remain in force on and after the appointed day, shall continue to be so styled.

52. Nothing in this Order shall affect the power of Her Majesty in Council to make laws from time to time for the peace, order and good government of the Protectorate.
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(a) S.I. 1960/1367 (1960 11, p. 2652)

1. Oath of Allegiance
I ........................................... 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.

2. Affirmation of Allegiance
I ....................................................... do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law.

3. Oath for due execution of office
I ....................................................... do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of (here insert the description of the office). So help me God.

4. Affirmation for due execution of office
I ........................................................ do solemnly and sincerely affirm and declare that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, in the office of (here insert the description of the office).

(This Note is not part of the Order, but is intended to indicate its general purport)

This Order revokes the British Solomon Islands (Constitution) Order in Council 1960 (S.I. 1960 No. 1367), and makes new provision for the British Solomon Islands Protectorate with respect to the Executive Council and the Legislative Council. In particular it provides for eight elected members of the Legislative Council. It also contains miscellaneous and transitional provisions.

British Solomon Islands Protectorate Legislation

British Solomon Islands Order 1964