Constitution of the Commonwealth of Dominica, Transitional Provisions

SCHEDULE 2 TO THE ORDER

TRANSITIONAL PROVISIONS

Arrangement of paragraphs

Paragraph

1. Election of first President, etc.
2. Existing laws
3. Parliament
4. Ministers and Parliamentary Secretaries
5. Office of Attorney-General
6. Existing public officers
7. Oaths
8. Supreme Court Order
9. Appeals Order
10. Judicial Committee
11. Protection from inhuman treatment
12. Protection from deprivation of property
13. Commonwealth citizen
14. Interpretation

Election of first President, etc.
1.

1. A President shall be elected under section 19 of the Constitution as soon as is practicable after the commencement of this Constitution and in any case not later than ninety days from such commencement; and accordingly consultations for the purposes of subsection (l) of that section may take place at any time between the making of this Order and such commencement between the persons respectively holding office under the former Constitution as Premier and as Leader of the Opposition.

2. Until such time as a person has assumed office as President, having been elected as such in accordance with section 19 of the Constitution, the person who immediately before the commencement of the Constitution held office as Governor of Dominica (or, if there is no such person, the person who was then acting as Governor) shall discharge the functions of the office of President and the provisions of section 28 of the Constitution shall apply in relation to him as if he were the holder of the office of President.

Existing laws
2.

1. The existing laws shall, as from the commencement of the Constitution, be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution and the Supreme Court Order.

2. 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), that prescription or provision shall as from the commencement of the Constitution. have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the Constitution and the Supreme Court Order) as if it had been made under the Constitution by Parliament or, as the case may require, by the other authority or person.

3. The President may by order made at any time before 3 November 1979 make such alterations to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions ot' the Constitution and the Supreme Court Order or otherwise for giving effect or enabling effect to be given to those provisions.

4. The provisions of this paragraph shall be without prejudice to any powers conferred by the Constitution or by any other law upon any person or authority to make provision for any matter. including the alteration of any existing law.

5. For the purposes of this paragraph. the expression "existing law" means any Act, Ordinance, law, rule, regulation, order or other instrument made in pursuance of or continued in force by or under the former Constitution and having effect as part of the law of Dominica or of any part thereof immediately before the commencement of the constitution .

Parliament
3.

1. Until other constituencies are established for Dominica by order in pursuance of section 57 of the Constitution and the order has come into effect there shall. for the purposes of the election of Representatives, be twenty-one constituencies having the same boundaries as the constituencies into which Dominica is divided immediately before the commencement of the Constitution for the purpose of the election of elected members of the House under the former Constitution and those constituencies shall be deemed to have been established under that section.

2. The persons who. immediately before the commencement of the Constitution, are elected members of the House under the former Constitution shall, as from the commencement of the Constitution, be deemed to have been elected as Representatives in pursuance of the provisions of section 33 of the Constitution in the respective constituencies corresponding to the constituencies by which they were returned to the House and shall hold their seats in the House in accordance with the provisions of the Constitution.

3. The persons who, immediately before the commencement of the Constitution, are nominated members of the House under the former Constitution shall vacate their seats in the House at the commencement of the Constitution but shall be eligible for appointment as Senators in pursuance of the provisions of section 34 of the Constitution.

4. The persons who, immediately before the commencement of the Constitution, are respectively the Speaker and Deputy Speaker of the House and the Leader of the Opposition shall be deemed as from the commencement of the Constitution to have been elected as Speaker and Deputy Speaker of the House or, as the case may be appointed as Leader of the Opposition in accordance with the provisions of the Constitution and shall hold office in accordance with those provisions

5. Until Parliament otherwise provides, any person who holds or acts in any office the holding of which would, immediately before the commencement of the Constitution, have disqualified him for membership of the House under the former Constitution shall be disqualified to be elected as a Representative or appointed or elected as a Senator as though provisions in that behalf had been made in pursuance of section 32(5) of the Constitution.

6. The rules of procedure of the House under the former Constitution as in force immediately before the commencement of the Constitution shall, until it is otherwise provided by the House under section 52 of the Constitution, be the rules of procedure of the House but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.

7. Subject to the provisions of section 54 of the Constitution, Parliament shall, unless sooner dissolved, stand dissolved on 28 April 1980 (that is to say, five years from the first sitting of the House after the last dissolution of Parliament under the former Constitution).

8. The report of the Constituency Boundaries Commission under section 49 of the former Constitution that was required to have been submitted to the Governor not later than 9 June 1978 may be so submitted at any time before 3 November 1978 and-
   1. if the required report is so submitted before that date, the first report of the Commission under section 57 of the Constitution shall be submitted to the President not later than two years nor more than five years from the date on which the required report was submitted to the Governor; but
   2. if the required report is not so submitted before that date, the first report of the Commission under section 57 of the Constitution shall be submitted to the President not later than 31 January 1979.

9. Any person who, by virtue of this paragraph, is deemed as from the commencement of the Constitution to have been elected or appointed as Speaker or any other member of the House of Assembly shall, before taking his seat in the House, take and subscribe the oath of allegiance in accordance with section 44 of the Constitution.

Ministers and Parliamentary Secretaries
4.

1. The person who, immediately before the commencement of the Constitution, holds the office of Premier under the former Constitution shall as from the commencement of the Constitution, hold office as Prime Minister as if he had been appointed thereto under section 59 of the Constitution.

2. The persons who, immediately before the commencement of the Constitution, hold office as Ministers (other than the Premier) or as Parliamentary Secretaries under the former Constitution shall, as from the commencement of the Constitution hold the like offices as if they had been appointed thereto under section 59 or 67 of the Constitution.

3. Any person holding the office of Prime Minister or other Minister by virtue of the provisions of sub-paragraphs (I) and (2) of this paragraph who, immediately before the commencement of the Constitution was charged under the former Constitution with responsibility for any matter or any department of government, shall, as from the commencement of the Constitution, be deemed to have been assigned responsibility for that matter or department under section 61 of the Constitution.

Office of Attorney-General
5. Until Parliament or, subject to the provisions of any law enacted by Parliament, the President, acting in accordance with the advice of the Prime Minister, otherwise decides, the office of Attorney-General shall be a public office.

Existing public officers
6. Subject to the provisions of the Constitution, every person who immediately before the commencement of the Constitution holds or is acting in a public office under the former Constitution shall, as from the commencement of the Constitution, continue to hold or act in that office or the corresponding office established by the Constitution as if he had been appointed thereto in accordance with the provisions of the Constitution:

Provided that any person who under the former Constitution or any other law in force immediately before such commencement would have been required to vacate his office at the expiration of any period shall vacate his office at the expiration of that period.

Oaths 7. Until such time as the oath of allegiance, the oath of secrecy or, in relation to any office, the oath of office is prescribed by law, that in oath may be taken in the form prescribed immediately before the commencement of the Constitution, with the substitution, in the case of the oath of allegiance of a reference to Dominica for the reference to Her Majesty Queen Elizabeth the Second. Her Heirs and Successors.

Supreme Court Order 8. The West Indies Associated States Supreme Court Order 1967 (a), in so far as it has effect as part of the law of Dominica, may be cited as the Supreme Court Order and for the purposes of the law of Dominica-

1. the Supreme Court established by that Order shall, unless Parliament otherwise provides, be styled the Eastern Caribbean Supreme Court; and
2. references in that Order to the Premier of Dominica or to the Premier of any other independent state shall be construed as references to the Prime Minister of Dominica or, as the case may be, to the Prime Minister of that other state.

Appeals Order
9. The West Indies Associated States (Appeals to Privy Council) Order 1967(b) may, in its application to Dominica, be cited as the Dominica Appeals to Judicial Committee Order and shall, to the extent that it forms part of the law of Dominica, have effect as if-

1. the expression "appeal" meant an appeal under section 106 of the Constitution;
2. the expression "Courts Order" included any law in force in Dominica altering the Supreme Court Order;
3. section 3 were revoked; and
4. references to Her Majesty in Council were references to the Judicial Committee.

Judicial Committee
10.

1. The Judicial Committee shall have jurisdiction-
   1. to dispose of any petition to Her Majesty under section 99 of the former Constitution for special leave to appeal to Her Majesty in Council that was filed in the Office of the Judicial Committee before the commencement of the Constitution as if it were a petition for special leave to appeal to the Committee under section 106 of the Constitution; and
   2. to continue and dispose of any pending appeal to Her Majesty in Council under section 99 of the former Constitution where final leave to appeal has been granted by the Court of Appeal or special leave to appeal has been granted by Her Majesty before the commencement of the Constitution as if it were an appeal to the Committee under section 106 of the Constitution
   and to make such judgement and order thereon as they consider appropriate.

2. Section 106 of the Constitution shall have effect as if subparagraph (I) of this paragraph formed part of that section.

Protection from inhuman treatment
11. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 5 of the Constitution to the extent that the law in question authorises the infliction of any description of punishment that was lawful in Dominica immediately before I March 1967 (being the date on which Dominica became an associated state).

Protection from deprivation of property
12. Nothing in section 6 of the Constitution shall affect the operation of any law in force immediately before 1 March 1967 or any law made on or after that date that alters a law in force immediately before that date and that does not-

1. add to the kinds of property that may be taken possession of or the rights over and interests in property that may be acquired;
2. make the conditions governing entitlement to compensation or the amount thereof less favourable to any person owning or having an interest in the property; or
3. deprive any person of such right as is mentioned in subsection (2) of that section.

Commonwealth citizen
13. Until such time as Parliament otherwise prescribes, the expression "Commonwealth citizen" shall have the meaning assigned to it by the British Nationality Act 1948 or any Act of the Parliament of the United Kingdom altering that Act.

Interpretation
14.

1. n this Schedule-

   "the Constitution" means the Constitution set out in Schedule 1 of this Order;
   "the former Constitution" means the Constitution in force immediately before the commencement of this Order.

2. The provisions of section 121 of the Constitution shall apply for the purposes of interpreting this Schedule and otherwise in relation thereto as they apply for the purposes of interpreting and in relation to the Constitution.

This Order, which is made at the request and with the consent of the Associated State of Dominica under section 5(4) of the West Indies Act 1967. provides a new constitution for Dominica as a sovereign democratic republic within the Commonwealth styled the Commonwealth of Dominica to come into effect on 3 November 1978 upon the termination of the status of association of Dominica with the United Kingdom under the Act.

Whereas the status of association of Dominica with the United Kingdom is terminated as from the date on which this Order comes into operation and it is necessary or expedient in consequence of that event to amend or modify certain enactments as hereinafter provided:

Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her in that behalf by sections 13(2) and 14 of the West Indies Act 1967(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement

1.

1. This Order may be cited as the Dominica Modification of Enactments Order 1978.

2. This Order shall come into operation on 3rd November 1978 (hereinafter called "the appointed day").

2.

1. On and after the appointed day the British Nationality Acts 1948 to 1965 shall have effect as if in section 1(3) of the British Nationality Act 1948(b) (Commonwealth countries having separate citizenship) there were added at the end the words "and Dominica".

2. Except as provided by article 3 of this Order, any person who immediately before the appointed day is a citizen of the United Kingdom and Colonies shall on that day cease to be such a citizen if he becomes on that day a citizen of Dominica.
3. Section 6(2) of the British Nationality Act 1948 (registration as citizens of the United Kingdom and Colonies of women who have been married to such citizens) shall not apply to a woman by virtue of her marriage to a person who on the appointed day ceases lo bc such a citizen under paragraph (2) of this article. or who would have done so if living On the appointed day.

Retention of citizenship of United Kingdom and Colonies

3.

1. A person shall not cease to be a citizen of the United Kingdom and Colonies under article 2(2) of this Order if he, his father or his father's father-
   1. was born in the United Kingdom or a relevant territory; or
   2. is or was a person naturalised in the United Kingdom and Colonies by virtue of a certificate of naturalisation granted in the United Kingdom or a relevant territory; or
   3. was, in the United Kingdom or a relevant territory registered as a citizen of the United Kingdom and Colonies, or was so registered by a High Commissioner exercising functions under section 8(2) or 12(7) of the 1948 Act; or
   4. became a British subject by reason of the annexation of any territory included in a relevant territory.
   or if his father or his father's father would, if living immediately before the commencement of the 1948 Act, have become a person naturalised in the United Kingdom and Colonies under section 32(6) of that Act (previous local naturalisation in a colony or protectorate) by virtue of having enjoyed the privileges of naturalisation in a relevant territory.

2. In paragraph (i) of this article "relevant territory" means any territory which on the appointed day is a colony or an associated state. other than any territory which on that day is not a colony for the purposes of the 1948 Act as then in force (and accordingly does not include Dominica).

3. Paragraph (i) of this article shall not apply to a woman by virtue of her registration as a citizen of the United Kingdom and Colonies if that registration was effected under section 6(2) of the 1948 Act (registration as citizens of the United Kingdom and Colonies of women who have been married to such citizens).
4. A woman who is a citizen of the United Kingdom and Colonies, and is the wife of such a citizen, shall not herself cease to be such a citizen under paragraph (2) of this article unless her husband does so.
5. Part III of the 1948 Act (supplementary provisions) as in force from time to time, except section 23 (legitimated children). shall have effect for the purposes of this article as if this article were included in that Act.
6. A person born out of wedlock and legitimated (within the meaning of section 23(2) of the 1948 Act) by the subsequent marriage of his parents shall be treated for the purpose of determining whether he has by virtue of this Order ceased to be a citizen of the United Kingdom and Colonies, as if he had been born legitimate.

Judicial Committee Acts

4.

1. The Judicial Committee of the Privy Council shall have and exercise the jurisdiction in respect of appeals from the Court of Appeal established by the Supreme court Order that, in the law of Dominica, is conferred on the Committee by section 106 of the Constitution of Dominica (a).

2. The provisions of the Judicial Committee Act 1833(b) and of any rules made thereunder from time to time shall, in so far as they relate to the powers of the Committee and the procedure to be adopted with respect to proceedings before it, apply in relation to proceedings before the Committee under section 106 of the Constitution of Dominica and for that purpose shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary by reason of the nature of those proceedings or otherwise to bring them into conformity with the provisions of the Constitution.

3. In this article "the Supreme Court Order" means the West Indies Associated States Supreme Court Order 1967(c) in so far as it has effect as part of the law of Dominica and includes any law in force in Dominica amending that Order.

Operation of existing law

5.

1. Subject to paragraph (3) of this article, all law to which this article applies, whether being a rule of law or a provision of an Act of Parliament or of any other enactment or instrument whatsoever, which is in force on the appointed day, or, having been passed or made before that day, comes or has come into force thereafter, shall, unless and until provision to the contrary is made by Parliament or some other authority having power in that behalf, have the same operation in relation to Dominica, and persons and things belonging to or connected with Dominica, as it would have had apart from this paragraph if there had been no change in the status of Dominica.

2. This article applies to law of, or any part of, the United Kingdom, the Channel Islands and the Isle of Man and, in relation only to any enactment of the Parliament of the United Kingdom or any Order in Council made by virtue of any such enactment whereby any such enactment applies in relation to Dominica, to law of any other country or territory to which that enactment or Order extends.

3. Notwithstanding anything in paragraphs (1) and (2) of this article, the provisions set out in Appendix C in Schedule I to the Immigration Act 1971(d) (whereby a person becoming a citizen of the United Kingdom and Colonies by registration is in certain circumstances required to take an oath of allegiance) shall have effect in relation to citizens of Dominica as if paragraph (1) of this article had not been enacted.

Consequential modifications of other enactments

6.

1. On and after the appointed day the provisions specified in the Schedule to this Order shall have effect subject to the amendments specified respectively in that Schedule.

2. Paragraph (1) of this article and the Schedule to this Order shall not extend to Dominica as part of its law.

Interpretation

7. References in this Order to any enactment are references to that enactment as amended or extended bv or under another enactment.

1. In section 1(5) of the Diplomatic Immunities (Conferences with Commonwealth Countries and Republic of Ireland) Act 196] (a) before the word "and" in the last place where it occurs there shall be inserted the word "Dominica" .

2. In the definitions-

1. of "Commonwealth force" in section 225(1) of the Army Act 1955(b) and section 23(1) of the Air Force Act 1955(c) and
2. of ''Commonwealth country" in section 135(1) of the Naval Discipline Act 1957(d) the end there shall be added the words "or Dominica".

3. in the Visiting Forces (British Commonwealth) Act 1933(e) section 4 attachment and mutual powers of command) shall apply in relation to forces raised in Dominica as it applies to forces raised in Dominions within the meaning of the Statute of Westminster 1931(f).

4. In the Visiting Forces Act 1 952(g) in section l(l)(a) (countries to which Act applies) at the end there shall be added the words "Dominica or".

5. Until express provision with respect to Dominica is made by an Order Council under section 8 of that Act (application to visiting forces of law relating to home forces) any such Order for the time being in force shall be deemed to apply to visiting forces of Dominica.

6. In section 4'7(2) of the Merchant Shipping Act 1834(h) as set out in section 2 of the Merchant Shipping (Safety Convention) Act 1949(i) before words "or in any" there shall be inserted the words "or Dominica".

7. In the Whaling Industry (Regulation) Act 1934(j) the expression -"British ship to which this Act applies" shall not include a British ship registered in Dominica.

Commonwealth Institute

8. In Section 8(2) of the Imperial Institute Act 1925(k), as amended by the Commonwealth Institute Act 1958(I) (power to vary the provisions of the said Act of 1925 if an agreement for the purpose is made with the governments of certain territories which for the time being are contributing towards the expenses of the Commonwealth Institute). at the end there shall be added the words "and Dominica".

9. Section 20 of the Colonial Stock Act 1877(a) (which relates to the jurisdiction of courts in the United Kingdom as to colonial stock) shall, in its application to stock of Dominica, have effect as if for the second paragraph there were substituted-

"(2) Any person claiming to be interested in colonial stock to which this Act applies, or in any dividend thereon, may institute civil proceedings in the United Kingdom against the registrar in relation to that stock or dividend.
(3) Notwithstanding anything in the foregoing provisions of this section, the registrar shall not by virtue of an order made by any court in the United Kingdom in any such proceedings as are referred to in this section be liable to make any payment otherwise than out of moneys in his possession in the United Kingdom as registrar."

10. The West Indies Associated States (Appeals to Privy Council) Order 1967(b) shall. in its application to Dominica, have effect as if-

1. section 3 of the Order were deleted; and, subject as aforesaid, as if
2. references in the Order lo Her Majesty in Council were references to the Judicial Committee of the Privy Council;
3. references in the Order to appeals were references to appeals from decisions of the Court of Appeal to the Judicial Committee under section 106 of the Constitution of Dominica: and
4. references in the Order to the Courts Order included references to any law in force in Dominica amending the Courts Order.

and the Order, as so amended, may be cited in relation to Dominica as the Dominica Appeals to Judicial Committee Order.

11. The words "the Associated State of" in Article 2 of the Medical Practitioners (Dominica Order 1969(c) shall be deleted.

The status of association of Dominica with the United Kingdom terminates with effect from 3rd November 1978. This Order effects amendments and modifications to certain enactments that appear to Her Majesty to be necessary or expedient in consequence of that event.

Whereas a draft of this Order has been laid before Parliament in accordance with section 17 of the West Indies Act 1967(a) and has been approved by a resolution of each House of Parliament:

Now, therefore, Her Majesty, by virtue and in exercise of the powers vested

in Her in that behalf by section 10 of the West Indies Act 1967, is pleased, b y and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.

1. This Order may be cited as the Dominica Termination of Association Order 1978.

2. This Order shall come into operation on 3rd November 1978.

2. The status of association of Dominica with the United Kingdom is terminated as from the date on which this Order comes into operation.

3. Dominica shall cease to form Part of Her Majesty's dominions.

This Order terminates the status of association of Dominica with the United Kingdom, and provides that Dominica shall cease to form part of Her Majesty's dominions. with effect from 3rd November 1978.

Whereas it is expedient to amend the new constitution established for Dominica by the Commonwealth of Dominica Constitution Order 1978(a) (hereinafter called the principal Order) at the request and with the consent of Dominica in order to effect certain textual corrections:

Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her in that behalf by section 5(4) of the West Indies Act 1967(b). is pleased. by and with the advice of Her Privy Council. to order. and it is hereby ordered, as follows:

Citation, construction and commencement

1.

1. This Order may be cited as the Commonwealth of Dominica Constitution (Amendment) Order 1978 and shall bc read as one with the principal Order.
2. This Order and the principal Order may be cited together as the Commonwealth of Dominica Constitution Orders 1978.
3. This Order shall come into Operation on 3rd November 1978.

Amendment of various provisions of the Constitution

2. The provisions of the Constitution specified in the first column of Part I of the Schedule to this Order shall be amended in the manner specified in the second column.

Amendment of Schedule 2 to the Order

3. The provisions of Schedule 2 to the principal Order specified in the first column of Part II of the Schedule to this Order shall be amended in the manner specified in the second column.

THE SCHEDULE

PART I
AMENDMENT OF THIS CONSTITUTION

Section	Amendment
7(2)(c)	Delete "that Government" and insert "the Government".
12(3)(b), 17(4)(c), 42(2) and (3)(a), 62(2), 78(1) and (2), and 83(4) and (5)	Delete "of Assembly".
21(2)	Delete "nor engage" and insert "or if he is engaged".
42(2)	Delete "that House" and insert "the House".
42(4)(b)	Delete "office" and substitute "officer".
56(9), 73(1)(d), 79, 84(13) and 94(6)	Delete "of Dominica".
61	Delete "a elected member" from the provisio and substitute "an elected member".
63(1)	Insert "and" after paragraph (e) of the proviso, delete "and" after paragraph (f) and delete paragraph (g).
63(3)(d)	Insert "93(5)" after "89(7)".
66(4)(d)	Delete "(4)" and insert "(5)".
83(5)	Delete "of the House".
87(2)	Delete "in that office" and insert "Officer".
109	Delete "and staff" from the marginal title and from the reference to that title in the "Arrangement of sections" at the beginning of the Constitution.
119(3)	Delete "or temporary Minister established in accordance with section 59(3) or 62(2) of" and insert "established under".
120( 1)	Delete "or temporary Minister".
121(2)(a)	Delete "of the House of Assembly".
121(9)	Delete "public office" and insert "public officer".

PART II

AMENDMENT OF SCHEDULE 2 TO THE ORDER

Paragraph
3(4)	Delete "of the House".
3(9)	Delete "of Assembly".

EXPLANATORY NOTE
(This Note is not part of the Order.)

This Order, which is made at the request and with the consent of the Associated State of Dominica under section 5(4) of the West Indies Act 1967. amends the constitution established under that section for Dominica by the Commonwealth of Dominica Constitution Order l978 and the transitional provisions in Schedule 2 to that Order so as to effect various textual corrections as specified in the Schedule.