The Bahamas Independence Order 1973

This Order may be cited as The Bahamas Independence Order 1973.

This Order may be called The Bahamas Independence Order 1973.

Subject to the provisions of the next following subsection this Order shall come into operation on 10th July 1973 (in this Order referred to as "the appointed day").

Unless subsection (3) says otherwise, this Order comes into operation on 10th July 1973. In this Order that date is called "the appointed day".

The Governor and Commander-in-Chief of the Bahamas Islands may at any time after 20th June 1973 exercise any of the powers conferred on the Governor-General by section 4(3) of this Order or Article 39(4) of the Constitution set out in the Schedule to this Order (in this Order referred to as "the Constitution") to such an extent as may be necessary or expedient to enable the Constitution to function as from the appointed day.

At any time after 20th June 1973, the Governor and Commander-in-Chief of the Bahamas Islands may use any of the powers that section 4(3) of this Order or Article 39(4) of the Constitution gives to the Governor-General. (The Constitution is the one set out in the Schedule to this Order; in this Order it is called "the Constitution".) The Governor may use those powers only as far as is necessary or useful to let the Constitution work from the appointed day.

(a) For the purposes of the exercise by the Governor under subsection (3) of this section of the power conferred by section 4(3) of this Order the Governor shall act in accordance with the advice of the Prime Minister.

(a) When the Governor uses the power in section 4(3) of this Order under subsection (3) of this section, the Governor must act on the advice of the Prime Minister.

Subject to the provisions of this section, the existing laws shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Bahamas Independence Act 1973 and this Order.

Subject to this section, existing laws must be read with whatever changes, adaptations, qualifications and exceptions are needed to bring them into line with the Bahamas Independence Act 1973 and this Order.

Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section or is otherwise prescribed or provided for immediately before the appointed day by or under the existing Order, that prescription or provision shall, as from that day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the Bahamas Independence Act 1973 and this Order) as if it had been made under the Constitution by Parliament or, as the case may require, by the other authority or person.

The Constitution says that certain matters are to be prescribed (set out) or provided for by Parliament or by some other authority or person. Where such a matter is already prescribed or provided for by or under an existing law (including any amendment to that law made under this section), or is otherwise prescribed or provided for immediately before the appointed day by or under the existing Order, that prescription or provision has effect from the appointed day as if it had been made under the Constitution by Parliament or, where appropriate, by that other authority or person. It is read with whatever changes, adaptations, qualifications and exceptions are needed to bring it into line with the Bahamas Independence Act 1973 and this Order.

The Governor-General may by Order made at any time before 10th July 1974 make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of the Bahamas Independence Act 1973 and this order or otherwise for giving effect to or enabling effect to be given to those provisions.

At any time before 10th July 1974, the Governor-General may by Order make any amendments to an existing law that appear to him to be necessary or useful to bring that law into line with the Bahamas Independence Act 1973 and this Order, or otherwise to give effect to those provisions or to allow effect to be given to them.

An Order made by the Governor-General under subsection (3) of this section shall have effect from such day, not earlier than the appointed day, as may be specified therein.

An Order made by the Governor-General under subsection (3) of this section takes effect from the day stated in it, which cannot be earlier than the appointed day.

The provisions of this section shall be without prejudice to any powers conferred by this Order or by any other law upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.

Nothing in this section limits any power that this Order or any other law gives to a person or authority to make provision for any matter, including the power to amend or repeal an existing law.

In this section "existing law" means any law having effect as part of the law of the Bahamas Islands immediately before the appointed day (including any law made before the appointed day and coming into operation on or after that day).

In this section, "existing law" means any law that had effect as part of the law of the Bahamas Islands immediately before the appointed day, including any law made before the appointed day that comes into operation on or after that day.

The person who immediately before the appointed day are members of the Senate established by the existing Order (in this section referred to as "the existing Senate"), having been appointed as such under paragraphs (a) and (b) respectively of section 30(2) of the Schedule to the existing Order, shall as from the appointed day be members of the Senate established by the Constitution as if they had been appointed as such under paragraphs (2) and (3) respectively of Article 39 of the Constitution and shall hold their seats as Senator in accordance with the provisions of the Constitution

The people who, immediately before the appointed day, are members of the Senate set up by the existing Order (in this section called "the existing Senate"), having been appointed under paragraphs (a) and (b) respectively of section 30(2) of the Schedule to the existing Order, become members of the Senate set up by the Constitution from the appointed day. They are treated as if they had been appointed under paragraphs (2) and (3) respectively of Article 39 of the Constitution, and they hold their seats as Senators in accordance with the Constitution.

The person who immediately before the appointed day are Speaker and Deputy Speaker of the existing Assembly shall as from the appointed day be Speaker and Deputy Speaker respectively of the House of Assembly established by the Constitution as if elected as such by that House in pursuance of Article 50(1) of the Constitution and shall hold office in accordance with the provisions of that Article.

The people who, immediately before the appointed day, are Speaker and Deputy Speaker of the existing Assembly become, from the appointed day, Speaker and Deputy Speaker of the House of Assembly set up by the Constitution. They are treated as if that House had elected them under Article 50(1) of the Constitution, and they hold office in accordance with that Article.

Any person who is a member of the Senate or the House of Assembly established by the Constitution by virtue of the preceding provisions of this section and who, since he was last appointed or elected as a member of the existing Senate or the existing Assembly before the appointed day, has taken the oath of allegiance in pursuance of section 45 of the Schedule to the existing Order shall be deemed to have complied with the requirements of Article 64 of the Constitution relating to the taking of the oath or allegiance.

A person who is a member of the Senate or the House of Assembly set up by the Constitution because of the earlier parts of this section, and who has taken the oath of allegiance under section 45 of the Schedule to the existing Order since being last appointed or elected to the existing Senate or the existing Assembly before the appointed day, is treated as having met the requirements of Article 64 of the Constitution about taking the oath of allegiance.

The rules of procedure of the existing Senate and the existing Assembly as in force immediately before the appointed day shall except as may be otherwise provided in pursuance of Article 55(1) of the Constitution, be the rules of procedure respectively of the Senate and the House of Assembly established by the Constitution, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them in to conformity with the Constitution.

The rules of procedure of the existing Senate and the existing Assembly that are in force immediately before the appointed day become the rules of procedure of the Senate and the House of Assembly set up by the Constitution, unless different provision is made under Article 55(1) of the Constitution. They must be read with whatever changes, adaptations, qualifications and exceptions are needed to bring them into line with the Constitution.

Notwithstanding anything contained in Article 66(3) of the Constitution (but subject to the provisions of paragraphs (4) and (5>9 of that Article) Parliament shall, unless sooner dissolved, stand dissolved on the expiration of five years from the first sitting of the existing Assembly after the general election of members of the existing Assembly last preceding the appointed day.

Despite anything in Article 66(3) of the Constitution (but subject to paragraphs (4) and (5) of that Article), Parliament is dissolved, unless it is dissolved sooner, five years after the first sitting of the existing Assembly that followed the last general election of members of the existing Assembly before the appointed day.

For the purposes of Articles 41 and 47 of the Constitution any period of ordinary residence in the Bahamas Islands immediately before the appointed day shall be deemed to be residence in The Bahamas.

For the purposes of Articles 41 and 47 of the Constitution, any period of ordinary residence in the Bahamas Islands immediately before the appointed day counts as residence in The Bahamas.

The Person who immediately before the appointed day holds the office of Prime Minister under the existing Order shall, as from the appointed day, hold office as Prime Minister as if he had been appointed thereto under Article 73(1) of the Constitution.

The person who holds the office of Prime Minister under the existing Order immediately before the appointed day holds office as Prime Minister from the appointed day, as if appointed to it under Article 73(1) of the Constitution.

The persons (other than the Prime Minister) who immediately before the appointed day hold office as Minister under the existing Order shall, as from the appointed day, hold the like office as if they had been appointed thereto under Article 73(2) of the Constitution.

The people (other than the Prime Minister) who hold office as Ministers under the existing Order immediately before the appointed day hold the same offices from the appointed day, as if appointed to them under Article 73(2) of the Constitution.

Any person holding the office of Prime Minister or other Minister by virtue of subsection (1) or (2) of this section who immediately before the appointed day was charged with responsibility for any matter or department of government shall, as from the appointed day, be deemed to have been charged with responsibility for the corresponding business or administration of the corresponding department of the Government under Article 77 of the Constitution. Opposition.

A person who holds office as Prime Minister or another Minister under subsection (1) or (2) of this section, and who was responsible for a matter or a government department immediately before the appointed day, is treated from the appointed day as having been given responsibility under Article 77 of the Constitution for the corresponding business or for the administration of the corresponding department of the Government.

The person who immediately before the appointed day hold office as Parliamentary Secretaries under the existing Order shall, as from the appointed day, hold the like offices as if they had been appointed thereto under Article 81 (1) of the Constitution.

The people who hold office as Parliamentary Secretaries under the existing Order immediately before the appointed day hold the same offices from the appointed day, as if appointed to them under Article 81(1) of the Constitution.

Any person who holds office as Prime Minister or other Minister or Parliamentary Secretary as from the appointed day by virtue of the provisions of this section shall be deemed to have complied with the requirements of Article 84 of the Constitution relating to the taking of oaths.

A person who holds office as Prime Minister, another Minister or a Parliamentary Secretary from the appointed day under this section is treated as having met the requirements of Article 84 of the Constitution about taking oaths.

The Supreme Court and the Court of Appeal in existence immediately before the appointed day shall, as from the appointed day be the Supreme Court and the Court of Appeal for the purposes of the Constitution and the Chief Justice and the Judges of the Supreme Court and the President of the Court of Appeal and the Justices of Appeal holding office immediately before that day shall, as from that day, hold offices as chief Justice or Justices of the Supreme Court or President of the Court of Appeal or Justices of Appeal, as the case may be, as if they had been appointed under the provisions of Chapter vii of the Constitution.

The Supreme Court and the Court of Appeal that exist immediately before the appointed day become, from the appointed day, the Supreme Court and the Court of Appeal for the purposes of the Constitution. The Chief Justice and the Judges of the Supreme Court, and the President of the Court of Appeal and the Justices of Appeal, who hold office immediately before that day hold office from that day as Chief Justice or Justices of the Supreme Court, or as President of the Court of Appeal or Justices of Appeal, as the case may be, as if they had been appointed under Chapter VII of the Constitution.

Any proceedings pending before the Supreme Court immediately before the appointed day may be continued and any judgment of that Court given but not satisfied before that day may be enforced as if it were the judgment of the Supreme Court established by the Constitution.

Any proceedings that are pending (still going on) before the Supreme Court immediately before the appointed day may be continued. Any judgment of that Court given but not satisfied (carried out) before that day may be enforced as if it were a judgment of the Supreme Court set up by the Constitution.

Any proceedings pending immediately before the appointed day on appeal from the Supreme Court to the Court of Appeal for the Bahamas Islands may be continued after the appointed day before the Court of Appeal for The Bahamas established by the Constitution.

Any appeal from the Supreme Court to the Court of Appeal for the Bahamas Islands that is pending (still going on) immediately before the appointed day may be continued after the appointed day before the Court of Appeal for The Bahamas set up by the Constitution.

Any judgment of the Court of Appeal for the Bahamas Islands in an appeal from a court of the Colony of the Bahamas Islands given, but not satisfied, before the appointed day may be enforced after the appointed day as if it were a judgment of the Court of Appeal for The Bahamas established by the Constitution.

Any judgment of the Court of Appeal for the Bahamas Islands in an appeal from a court of the Colony of the Bahamas Islands that was given, but not satisfied (carried out), before the appointed day may be enforced after the appointed day as if it were a judgment of the Court of Appeal for The Bahamas set up by the Constitution.

Any power of the Governor and Commander-in-Chief of the Bahamas Island acting on the recommendation of the Public Service Commission established by the existing Order which has been validly delegated to any public officer under that Order shall, as from the appointed day, be deemed to have been delegated to that public officer to the extent that power could be so delegated under Article 110 of the Constitution.

Any power of the Governor and Commander-in-Chief of the Bahamas Islands, acting on the recommendation of the Public Service Commission set up by the existing Order, that was validly delegated (handed on) to a public officer under that Order is treated, from the appointed day, as having been delegated to that public officer to the extent that the power could be delegated under Article 110 of the Constitution.

Any matter which, immediately before the appointed day, is pending before an existing Commission or, as the case may be, before any person or authority on whom the power to deal with such matter has been conferred under the existing Order shall as from the appointed day be continued before the Public Service Commission established by the Constitution, or the Public Service Board of Appeal, or the Judicial and Legal Service Commission, or the Police Service Commission, so established or, as the case may be, the said person or authority:

Any matter that is pending (still going on) immediately before the appointed day before an existing Commission, or before a person or authority given the power to deal with it under the existing Order, continues from the appointed day before the Public Service Commission, the Public Service Board of Appeal, the Judicial and Legal Service Commission or the Police Service Commission set up by the Constitution, or, as the case may be, before that person or authority:

Provided that where an existing Commission or, as the case may be, any person or authority as aforesaid has, immediately before the appointed day, partly completed the hearing of a disciplinary proceeding (in this section referred to as "the original hearing"), no person shall take part in the continued hearing unless he has also taken part in the original hearing; and where by virtue of this subsection the original hearing cannot be so continued the hearing of the disciplinary proceeding shall be recommenced.

But where an existing Commission, or such a person or authority, had partly completed the hearing of a disciplinary proceeding immediately before the appointed day (in this section called "the original hearing"), nobody may take part in the continued hearing unless they also took part in the original hearing. If this means the original hearing cannot be continued, the hearing of the disciplinary proceeding must start again.

A person who immediately before the appointed day holds the office of Chairman or other member of an existing Commission shall, as from the appointed day, continue to hold the like office as if he had been appointed thereto in accordance with the provisions of the Constitution and shall be deemed to have been duly appointed to such office under the Constitution.

A person who holds the office of Chairman or other member of an existing Commission immediately before the appointed day continues from the appointed day to hold the same office as if appointed to it under the Constitution, and is treated as having been properly appointed to that office under the Constitution.

The provisions of Articles 107(3), 114(3), 116(3) or 118(3), as the case may be, of the Constitution shall have effect in relation to such a person as if the date of his appointment under the existing Order were the date of his appointment under the existing Order were the date of his appointment under the Constitution.

Articles 107(3), 114(3), 116(3) or 118(3) of the Constitution, whichever applies, have effect for such a person as if the date of their appointment under the existing Order were the date of their appointment under the Constitution.

Until Parliament otherwise prescribes under Article 117(2) of the Constitution the public offices to which Article 117(1) thereof applies shall be the offices of Solicitor-General, Registrar of the Supreme Court, Legal Draftsman, Senior Crown Counsel, Chief Magistrate, Registrar General, Stipendiary and Circuit Magistrate, Crown Counsel, Assistant Legal Draftsmen, Assistant Registrar, Deputy Registrar General and Assistant Crown Counsel.

Until Parliament provides otherwise under Article 117(2) of the Constitution, the public offices to which Article 117(1) applies are: Solicitor-General, Registrar of the Supreme Court, Legal Draftsman, Senior Crown Counsel, Chief Magistrate, Registrar General, Stipendiary and Circuit Magistrate, Crown Counsel, Assistant Legal Draftsmen, Assistant Registrar, Deputy Registrar General and Assistant Crown Counsel.

In this section "an existing Commission" means the Public Service Commission established under the existing Order or, as the case may be, the Public Service Board of Appeal, or the Judicial and Legal Service Commission, or the Police Service Commission, so established.

In this section, "an existing Commission" means the Public Service Commission set up under the existing Order or, as the case may be, the Public Service Board of Appeal, the Judicial and Legal Service Commission or the Police Service Commission set up under it.

The Emergency Powers Order in Council 1939 and any Order in Council amending that Order shall cease to have effect as part of the law of The Bahamas on 10th July 1974 or such earlier date as Parliament may prescribe.

The Emergency Powers Order in Council 1939, and any Order in Council amending it, stop having effect as part of the law of The Bahamas on 10th July 1974, or on any earlier date that Parliament sets.

Until such time as the said Orders cease to have effect under subsection (1) of this section they shall continue to have effect in respect of The Bahamas as they had effect in respect of the former Colony of the Bahamas Island immediately before the appointed day, except that the powers exercisable by the Governor thereunder shall be exercisable by the Governor-General acting in accordance with the advice of the Prime Minister.

Until those Orders stop having effect under subsection (1) of this section, they continue to have effect for The Bahamas in the same way as they had effect for the former Colony of the Bahamas Islands immediately before the appointed day. The only difference is that the powers the Governor could use under them are used by the Governor-General acting on the advice of the Prime Minister.

Parliament may alter any of the provisions of this Order (ins o far as those provisions form part of the law of The Bahamas), other than those mentioned in subsections (2) and (3) of this section, in the same manner as it may alter the provisions of the Constitution other than those specified in paragraphs (2) and (3) of Article 54 of the Constitution.

Parliament may alter any provision of this Order (as far as that provision forms part of the law of The Bahamas), other than the provisions mentioned in subsections (2) and (3) of this section, in the same way as it may alter the provisions of the Constitution other than those listed in paragraphs (2) and (3) of Article 54 of the Constitution.

Parliament may alter subsection (6) of section 5 of this Order and this section in the same manner as it may alter the provisions specified in Article 54(3) of the Constitution.

Parliament may alter subsection (6) of section 5 of this Order, and this section, in the same way as it may alter the provisions listed in Article 54(3) of the Constitution.

Parliament may alter sections 8, 9, 12, subsections (3), (4) and (5) of section 13 and section 16 of this Order in the same manner as it may alter the provisions specified in Article 54(2) of the Constitution.

Parliament may alter sections 8, 9 and 12, subsections (3), (4) and (5) of section 13, and section 16 of this Order in the same way as it may alter the provisions listed in Article 54(2) of the Constitution.

In this section "alter" has the same meaning as in Article 54(4)(b) of the Constitution.

In this section, "alter" has the same meaning as in Article 54(4)(b) of the Constitution.