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Pitcairn Royal Instructions 1970

PACIFIC ISLANDS

THE PITCAIRN ROYAL INSTRUCTIONS 1970

Dated: the 30th September 1970

ELIZABETH R.

INSTRUCTIONS to Our Governor of Pitcairn, Henderson, Ducie and Oeno Islands or other Officer for the time being administering the Government thereof.

We do hereby direct and enjoin and declare Our will and pleasure as follows:—

Citation, commencement and revocation.

1. (1) These Instructions may be cited as the Pitcairn Royal Instructions 1970 and shall take effect on 10th October, 1970.

(2) The Instructions issued under Our Sign Manual and Signet to the Governor of the Islands dated 14th March, 1952, as amended by Additional Instructions dated 27th February, 1963 (a)^[1] and 22nd November, 1966 (b)^[2] are revoked.

Interpretation.

2. The provisions of section 2 of the Pitcairn Order 1970 shall apply for the purpose of interpreting these Instructions as they apply for the purpose of interpreting that Order.

Administration of oaths

3. The Governor may, whenever he thinks fit, require any person in the public service of the Islands to make an oath or affirmation of allegiance in the form set out in the Schedule to these Instructions together with such other oaths or affirmations as may from time to time be prescribed by any law in force in the Islands, in the form prescribed by any such law. The Governor shall administer such oaths or affirmations or cause them to be administered by some public officer in the Islands.

Rules for the making of laws.

4. In the making of laws for the Islands the Governor shall observe, as far as is practicable, the following rules:—

(1) All laws shall be styled "Ordnances" and the words of enactment shall be "Enacted by the Governor of the Islands of Pitcairn, Henderson, Ducie and Oeno".

(2) Matters having no proper relation to each other shall not be provided for by the same law; no law shall contain anything foreign to what the title of the law imports; and no provision having indefinite duration shall be included in any law expressed to have limited duration.

(3) All laws shall be distinguished by titles, and shall be divided into successive sections consecutively numbered, and to every section there shall be annexed in the margin a short indication of its contents.

(4) All laws shall be numbered consecutively in a separate series for each year commencing with the number one and the position of each law in the series shall be determined with reference to the day on which the Governor shall have made the same.

Certain laws not to be made without instructions.

5. The Governor shall not, without having previously obtained instructions through a Secretary of State, make any law within any of the following classes, unless such law contains a clause suspending the operation thereof until the signification of Our pleasure thereon, that is to say—

(1) any law for the divorce of married persons;

(2) any law whereby any grant of land or money, or other donation or gratuity, may be made to himself;

(3) any law affecting the currency of the Islands or relating to the issue of bank notes;

(4) any law imposing differential duties;

(5) any law the provisions of which shall appear to him to be inconsistent with obligations imposed upon Us by Treaty;

(6) any law affecting the discipline or control of Our Forces by land, sea or air;

(7) any law of any extraordinary nature and importance whereby Our prerogative, or the rights or property of Our subjects not residing in the Islands or the trade, transport or communications of any part of Our dominions or any territory under Our protection or any territory in which We may for the time being have jurisdiction may be prejudiced;

(8) any law whereby persons of any community or religion may be subjected or made liable to disabilities or restrictions to which persons of other communities or religions are not also made liable, or become entitled to any privilege or advantage which is not conferred on persons of other communities or religions;

(9) any law containing provisions which have been disallowed by Us:

Provided that the Governor may, without such instructions as aforesaid and although the law contains no such clause as aforesaid, enact any such law (except a law the provisions of which appear to him to be inconsistent with obligations imposed upon Us by Treaty) if he shall have satisfied himself that an urgent necessity exists requiring that the law be brought into immediate operation; but in any such case he shall forthwith transmit a copy of the law to Us together with his reasons for so enacting the same.

Laws to be sent through a Secretary of State.

6. When any law shall have been made, the Governor shall at the earliest convenient opportunity transmit to Us, through a Secretary of State, for the signification of Our pleasure, a transcript in duplicate of the law, duly authenticated under the Official Stamp of the Islands and by his own signature, together with an explanation of the reasons and occasion for the making of the law.

Appointments to be during pleasure.

7. Every appointment by the Governor of any person to any office or employment shall, unless otherwise provided by law, be expressed to be during pleasure only.

(Paragraph 8 is omitted as having no application following the abolition of the death penalty in Pitcairn law.)

Given at Our Court at St. James’s, the thirtieth day of September 1970, in the nineteenth year of Our Reign.

SCHEDULE

I, do swear [or solemnly affirm] that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Her Heirs and Successors, according to law.

So help me God. [To be omitted in affirmation.]

^[1] (a) 1963 I, p. 1423
^[2]. (b) 1966 III p. 5185.