The Montserrat Constitution Order 2010
UK Statutory Instrument 2010 No. 2474 — creates 3 criminal offences.
- Made
- 13 October 2010
- In force from
- Not determined
- Extent
- Not stated
- Subject
- TV licensing, fare evasion and school attendance
- Made under
- Her by sections 5 and 7 of the West Indies Act 1962
Explanatory note
(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
This Order establishes a new Constitution for Montserrat, to replace the Constitution of 1989. The new Constitution sets out fundamental rights and freedoms of the individual and provisions for their enforcement. It provides for a Governor as Her Majesty’s representative in Montserrat, and for a Premier and other Ministers who form a Cabinet together with the Financial Secretary and the Attorney-General. It provides for an elected Legislative Assembly, which together with Her Majesty forms the Legislature. The High Court and Court of Appeal of the Eastern Caribbean Supreme Court continue to have jurisdiction as superior courts in Montserrat, and provision is made for the establishment of subordinate courts. A new National Advisory Council is established to advise on some of the Governor’s functions, and the office of Director of Public Prosecutions and an Electoral Commission are established for the first time. Provision is also made for the public service, public finance including the independent audit of public accounts, and for standards in public life including the establishment of a Complaints Commission.
Offences created by this instrument
- Protection from arbitrary arrest or detention article 6(1) · Status not determined · Strict liability
- Protection from arbitrary arrest or detention article 6(1)(e) · Status not determined · Strict liability
- Penalty for unauthorised persons sitting or voting article 73(1) · Status not determined · Requires proof of a state of mind
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2010