ل
}
The Gilbert and Ellice Islands Order 1970 Section 57
(This Section confers on the Resident Commissioner reserved Legislative powers.
Commis
57.-(1) If the Resident Commissioner considers that it is expedient Resident in the interests of public order, public faith or good government (which sioner's expressions shall, without prejudice to their generality, include the reserved responsibility of the Colony as a territory within the Commonwealth, power. and all matters pertaining to the creation or abolition of any public office, or to the salary or other conditions of service of any public officer) that any Bill introduced or any motion proposed at any meeting of the Legislative Council held in accordance with the provisions of this Chapter should have effect, then, if the Council fails to pass the Bill or to carry the motion within such time and in such form as the Resident Commissioner thinks reasonable and expedient, the Resident Commissioner may, at any time that he thinks fit, and notwithstanding any provisions of this Order or of any rules of procedure of the Council, declare that the Bill or motion shall have effect as if it had been passed or carried by the Council either in the form in which it was introduced or proposed or with such amendments as the Resident Commissioner thinks fit that have been moved or proposed in the Council, including any committee thereof; and the Bill or motion shall be deemed thereupon to have been so passed or carried, and the provisions of this Order, and in particular the provisions relating to assent to Bills and disallowance of laws, shall have effect accordingly.
(2) The Resident Commissioner shall forthwith report to a Secretary of State every case in which he makes any such declaration and the reasons therefor.
(3) If any member of the Legislative Council objects to any declaration made under this section, he may, within seven days of the making thereof, submit to the Resident Commissioner a statement in writing of his reasons for so objecting and, if he furnishes a copy of that statement and requests the Resident Commissioner to do so, the Resident Commissioner shall as soon as practicable forward the copy to a Secretary of State.
(4) Any declaration made under this section other than a declaration relating to a Bill may be revoked by a Secretary of State and the Resident Commissioner shall forthwith cause notice of the revocation to be published in the Colony by exhibition at the Public Office of the Resident Commissioner; and from the date of such publication any motion that is deemed to have been carried by virtue of the declaration shall cease to have effect and section 38(2) of the Inter- pretation Act 1889 shall apply to the revocation as it applies to the repeal of an Act of Parliament.
(5) The powers conferred upon the Resident Commissioner by this section shall be exercised by him in his discretion.
(6) The motions to which this section applies are-
(a) any motion relating to or for the purposes of a Bill;
(b) any motion proposing or amending a resolution which, if passed
by the Legislative Council, would have the force of law;
(c) any motion proposing or amending a resolution upon which the coming into force or continuance in force of a subsidiary instrument depends.
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