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Local Government (Special Electoral Provisions) Ordinance

LAWS OF PITCAIRN, HENDERSON, DUCIE
AND OENO ISLANDS

Revised Edition 2004

CHAPTER XIA

LOCAL GOVERNMENT (SPECIAL ELECTORAL
PROVISIONS)

_______________

Ordinance:
No, 6 of 2004

An ordinance to make special electoral provisions consequent
upon the outcome of certain legal proceedings in the Islands

[30 October 2004]

Citation

1. This ordinance may be cited as the Local Government (Special Electoral Provisions) Ordinance.

Interpretation

2. In this ordinance, unless the context otherwise requires,

certain legal proceedings means the prosecution of seven male residents for divers sexual offences against female children held at Pitcairn Island in September and October 2004 and, where appropriate, shall include the subsequent prosecution of other former male residents for sexual offences against female children on Pitcairn Island arising out of the same series of inquiries by the Kent County Police between 1999 and 2001 held at any place permitted by law;

"conviction" and "convicted" in relation to certain legal proceedings shall include a finding by the trial Court that the charge of any sexual offence or offences against any female child or children has been proved beyond reasonable doubt and that the male accused person is thereby guilty of such offence or offences, notwithstanding that for any reason the judgment has not been entered at that time in the records of the Court.

Removal of Mayor from office

3.—(1) As a consequence of the conviction of the present incumbent thereof by the Supreme Court on 25 October, 2004 the current term of office of the Mayor is hereby terminated and the incumbent removed therefrom.

(2) The next succeeding term of three years of the office of Mayor shall commence on 1 January 2005, following election of a Mayor by the inhabitants of Pitcairn in the manner provided by Part III of the Local Government Ordinance (the principal ordinance) and section 4 of the principal ordinance shall be read and construed accordingly.

(3) The Governor may at his discretion appoint another suitable person (who need not be so qualified under section 14 of the principal ordinance) to act in the office of Mayor from the date of the removal of the present incumbent to the commencement of the succeeding term as provided by subsection (2).

(4) Notwithstanding the provisions of the principal ord-inance, the incumbent removed from office under subsection (1) shall not be eligible for further election to the office of Island Officer unless or until his said conviction by the Supreme Court has been quashed or withdrawn or any penalty imposed thereunder has been satisfied.

Removal of Chairman of Internal Committee

4.—(1) As a consequence of the conviction of the present in-cumbent by the Supreme Court on 25 October 2004 the current term of office of the Chairman of the Internal Committee is hereby terminated and the incumbent removed therefrom.

(2) The next succeeding term of the office of Chairman of the Internal Committee shall commence on 1 January 2005 following election of the Island Officers by the inhabitants of the Island in the manner provided by Part III of the principal ordinance.

(3) The Governor may at his discretion appoint another suitable person (who need not be so qualified under section 14 of the principal ordinance) to act in the office of Chairman of the Internal Committee from the date of the removal of the present incumbent to the commencement of the succeeding term as provided by subsection (2).

(4) Notwithstanding the provisions of the principal ord-inance, the incumbent removed from office under subsection (1) shall not be eligible for further election to the office of Island Officer unless or until his said conviction by the Supreme Court has been quashed or withdrawn or any penalty imposed thereunder has been satisfied.

Ineligibility of other persons convicted

5. No other person convicted in certain legal proceedings shall be eligible for election under the principal ordinance to the office of Island Officer unless or until the conviction has been quashed or withdrawn or any penalty imposed satisfied.