;

Administra-

tor's reserved power,

The Virgin Islands (Constitution) Order 1967

Section 43.

43.-(1) Subject to the provisions of subsection (2) of this section, if the Administrator considers that it is necessary or expedient for the purposes of any of the matters for which he is responsible under section 17 of this Order that any Bill introduced, or any motion proposed, in the Legislative Council should have effect, then, if the Legislative Council fails to pass such a Bill or motion within such time and in such form as the Administrator may think reasonable and expedient. the Administrator may, at any time that he thinks fit, and notwithstanding any provisions of this Order or of any Standing Orders of the Legislative Council, declare that such Bill or motion shall have effect as if it had been passed or carried by the Legislative Council, either in the form in which it was so introduced or proposed or with such amendments as the Administrator shaff think fit which have been proposed in the Legislative Council or in any committee thereof; and thereupon the said Bill or motion shall have effect as if it had been so passed or carried, and, in the case of any such Bill, the provisions of this Order relating to assent to Bills and disallowance of laws shall have effect accordingly,

(2) The Administrator shall not make any declaration under this section except in accordance with the following conditions, that is to say..--

(a) the question whether the declaration should be made shall first be submitted in writing by the Administrator to the Executive Council and if, upon the question being so submitted to it, the Executive Council advises him that the declaration should be made, the Administrator may make the declaration ;

(b) il', when the question whether the declaration should be made is submitted to it as aforesaid, the Executive Council does not. within such time as the Administrator thinks reasonable and expedient, advise him that the declaration should be mude, then--- (1) the Administrator may submit the said question to a Secre- tary of State and may make the declaration if, upon the question being so submitted to him, n Secretary of State authorises the Administrator to minke the declaration; or (ii) the Administrator mny make the declaration without sub- mitting the sind question to a Secretary of State if, in the Administrator's opinion, urpent necesedly requires that the drelatation be ninde without obtaining the authority of a Secretary of State; in which case he shaff, at the time of making, the declaration, certify in writing that upent necessity requires that the declaration be made without obtaining such authority.

(3)(a) Whenever the Administrator, in accordance with the pro- visions of subsection (2)(1) of this section, submits to a Secretary of State the question whether a declaration should be made, or makes I declaration without submitting the said question to a Secretary of State, he shall inform the Executive Council in writing of his tensOVEEN for so doing.

(b) Whenever the Administrator makes a declaration under this section, other than a declaration made with the authority of # Secto- tary of State, he shall forthwith report to a Secretary of State the making of, and the reasons for, the declaration and, in the eye of a declaration muds in accordance with the provisions of kuih paragraph (ii) of subsection (2)(b) of this section, the grounds of urgency,

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