STATUTORY INSTRUMENTS

2007 No. 1678
CARIBBEAN AND NORTH ATLANTIC TERRITORIESThe Virgin Islands Constitution Order 2007
Made

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13th June 2007

Laid before Parliament

14th June 2007

Came into force

15th June, 2007

CONTENTS
1.

Citation, commencement and establishment of Constitution

THE CONSTITUTION OF THE VIRGIN ISLANDS
CHAPTER 1
INTERPRETATION

2.
3.
4.
5.
6.
7.
8.

Interpretation
References to public officeAppointments
Re-election or reappointment
Removal from office
Resignation
Power to amend or revoke instruments
CHAPTER 2
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

9.
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11.
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13.
14.
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Fundamental rights and freedoms of the individual
Interpretation of Chapter 2
Protection of right to life
Equality before the law
Protection from inhuman treatment
Protection from slavery and forced labourProtection of right to personal liberty
Provisions to secure protection of law
Protection of right of prisoners to humane treatment
Protection of freedom of movement
Protection of private and family life and privacy of home and other property
Protection of the right to marry and found a familyProtection of freedom of conscience
Protection of the right to education
Protection of freedom of expression

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27.
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33.
34.

Protection of freedom of assembly and association
Protection from deprivation of property
Protection from discrimination
Provisions for periods of public emergency
Protection of persons detained under emergency laws
Protection of the environment
Protection of children
Enforcement of protective provisions
Proceedings which might affect freedom of conscience
Proceedings which might affect freedom of expression
Establishment of a Human Rights Commission
CHAPTER 3
THE GOVERNOR

35.
36.
37.
38.
39.
40.
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44.
45.

Governor
Deputy Governor
Acting Governor
Functions of Deputy Governor
Deputy to Governor
Exercise of Governor’s functions
Crown lands
Powers to constitute offices and make appointments, etc
Powers of pardon, etc
Advisory Committee on the Prerogative of Mercy
The public seal
CHAPTER 4
THE EXECUTIVE

46.
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56.
57.
58.
59.
60.
61.

Executive authority of the Virgin Islands
CabinetMeetings of the Cabinet
Proceedings in the Cabinet
Summoning of persons to the Cabinet
Cabinet Secretary
Appointment of Ministers
Tenure of office of Ministers
Absence of Ministers from the Virgin Islands
Performance of functions of Premier in certain events
Assignment of responsibilities to Ministers
National Security Council
Attorney General
Director of Public Prosecutions
Governor’s special responsibilities
Oaths and affirmations
CHAPTER 5
THE LEGISLATURE

Composition

62.
63.

Composition of Legislature
House of Assembly

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64.
65.
66.
67.
68.
69.
70.

Elected members
Qualifications for elected membership
Disqualifications for elected membership
Tenure of seats of members of House of Assembly
Qualifications of voters
Speaker and Deputy Speaker
Leader of the Opposition
Powers and Procedure

71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.

Power to make laws
Standing Orders
Oaths and affirmations
Presiding in the House of Assembly
VotingValidity of proceedings
QuorumIntroduction of Bills, etc
Assent to Bills
Disallowance of laws
Governor’s reserved power
Privileges, immunities and powers of House of Assembly

83.
84.
85.
86.
87.
88.

Sessions of House of Assembly
Prorogation and dissolution
Recalling dissolved House of Assembly in case of emergency
General elections
Determination of questions as to membership
Penalty for unauthorised sitting or voting

Miscellaneous

CHAPTER 6
THE JUDICATURE

89.
90.

Eastern Caribbean Supreme Court
Subordinate courts and tribunals
CHAPTER 7
THE PUBLIC SERVICE

Public Service - General

91.
92.
93.
94.
95.
96.
97.
98.

Public Service Commission
Power to appoint, etc, to public officeTeaching Service Commission
Judicial and Legal Services Commission
Power to appoint, etc, to legal offices
Police Service Commission
Power to appoint, etc, to offices in the Police Force
Legislation regarding Commissions
Pensions

99. Applicability of pension law
100. Pensions, etc, charged on Consolidated Fund or Pension Fund101. Grant and withholding of pensions, etc

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FINANCE

102.
103.
104.
105.
106.
107.
108.
109.

Consolidated Fund
Withdrawal of money from Consolidated Fund or other public funds
Authorisation of expenditure
Authorisation of expenditure in advance of appropriation
Contingencies Fund
Public debt
Remuneration of certain officers
The Auditor General
CHAPTER 9
THE COMPLAINTS COMMISSIONER AND REGISTER OF INTERESTS

110. The Complaints Commissioner
111. Functions of Complaints Commissioner
112. Registration of interests
CHAPTER 10
TRANSITIONAL AND MISCELLANEOUS

113.
114.
115.
116.
117.
118.
119.

Meaning of the appointed day
Revocations
Existing laws
Existing offices and officers
Standing Orders
ElectionsPower reserved to Her Majesty

SCHEDULE 1 — FORMS OF OATHS AND AFFIRMATIONSSCHEDULE 2 — REVOCATIONSAt the Court at Buckingham Palace, the 13th day of June 2007
Present,
The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 5 and 7 of the West Indies
Act 1962(a) and of all other powers enabling Her to do so, is pleased, by and with the advice of
Her Privy Council, to order, and it is ordered, as follows:
Citation, commencement and establishment of Constitution
1.—(1) This Order may be cited as the Virgin Islands Constitution Order 2007.
(2) This Order shall come into force on the day on which the Legislative Council of the Virgin
Islands is dissolved next following the day on which this Order is made, which day is in this Orderreferred to as “the appointed day”.

(a) 1962 c. 19.

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(3) On the appointed day the following provisions of this Order shall have effect as theConstitution of the Virgin Islands; but until the day after the polling in the first general election in
the Virgin Islands after the appointed day—(a) the office of Premier shall continue to be called Chief Minister;(b) the Cabinet shall continue to be called the Executive Council; and(c) no person shall be appointed to the office of Cabinet Secretary.

THE CONSTITUTION OF THE VIRGIN ISLANDS
Whereas the people of the territory of the Virgin Islands have over centuries evolved with adistinct cultural identity which is the essence of a Virgin Islander;
Acknowledging that the society of the Virgin Islands is based upon certain moral, spiritual anddemocratic values including a belief in God, the dignity of the human person, the freedom of theindividual and respect for fundamental rights and freedoms and the rule of law;
Mindful that the people of the Virgin Islands have expressed a desire for their Constitution toreflect who they are as a people and a country and their quest for social justice, economic
empowerment and political advancement;
Recognising that the people of the Virgin Islands have a free and independent spirit, and havedeveloped themselves and their country based on qualities of honesty, integrity, mutual respect,
self-reliance and the ownership of the land engendering a strong sense of belonging to and kinshipwith those Islands;
Recalling that because of historical, economic and other reasons many of the people of the Virgin
Islands reside elsewhere but have and continue to have an ancestral connection and bond withthose Islands;
Accepting that the Virgin Islands should be governed based on adherence to well-establisheddemocratic principles and institutions;Affirming that the people of the Virgin Islands have generally expressed their desire to become aself-governing people and to exercise the highest degree of control over the affairs of their country
at this stage of its development; andNoting that the United Kingdom, the administering power for the time being, has articulated adesire to enter into a modern partnership with the Virgin Islands based on the principles of mutual
respect and self-determination;
Now, therefore, the following provisions have effect as the Constitution of the Virgin Islands.

CHAPTER 1
INTERPRETATIONInterpretation
2.—(1) In this Constitution, unless it is otherwise provided or required by the context—“the Chief Justice” means the Chief Justice of the Eastern Caribbean Supreme Court;“the Court of Appeal” means the Court of Appeal established by the Supreme Court Order
1967(a);“dollars” means dollars in the currency of the Virgin Islands or the United States of America;(a) S.I. 1967/223, amended by S.I. 1983/1108, 2000/3060.

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“election” means election of an elected member of the House of Assembly and “generalelection” shall be construed accordingly;“the Gazette” means the official Gazette of the Virgin Islands;“the High Court” means the High Court established by the Supreme Court Order 1967;“legal practitioner” means a person qualified as a legal practitioner as prescribed by law;“the Police Force” means any police force established for the Virgin Islands under any law inforce in the Virgin Islands;“public office” means, subject to section 3, any office of emolument in the public service or
any office of emolument under any local government council or authority in the Virgin
Islands;“public officer” means the holder of any public office and includes any person appointed toact in any such office;“public service” means the service of the Crown in a civil capacity in respect of theGovernment of the Virgin Islands;“session”, in relation to the House of Assembly, means the sittings of the House commencing
when the House first meets after being constituted by this Constitution, or after its prorogation
or dissolution at any time, and terminating when the House is next prorogued or is dissolved
without having been prorogued;“sitting”, in relation to the House of Assembly, means a period during which the House issitting continuously without adjournment and includes any period during which the House isin committee.
(2) For the purposes of this Constitution, a person belongs to the Virgin Islands if that person—(a) is born in the Virgin Islands and at the time of the birth his or her father or mother is or
was—(i) a British overseas territories citizen (or a British Dependent Territories citizen) byvirtue of birth, registration or naturalisation in the Virgin Islands or by virtue ofdescent from a father or mother who was born in the Virgin Islands; or(ii) settled in the Virgin Islands; and for this purpose “settled” means ordinarily resident
in the Virgin Islands without being subject under the law in force in the Virgin
Islands to any restriction on the period for which he or she may remain, but does notinclude persons on contract with the Government of the Virgin Islands or any
statutory body or Crown corporation;(b) is born in the Virgin Islands of a father or mother who belongs to the Virgin Islands bybirth or descent or who, if deceased, would, if alive, so belong to the Virgin Islands;(c) is a child adopted in the Virgin Islands by a person who belongs to the Virgin Islands bybirth or descent;(d) is born outside the Virgin Islands of a father or mother who is a British overseas
territories citizen by virtue of birth in the Virgin Islands or descent from a father ormother who was born in the Virgin Islands or who belongs to the Virgin Islands by virtueof birth in the Virgin Islands or descent from a father or mother who was born in the
Virgin Islands;(e) is a British overseas territories citizen by virtue of registration in the Virgin Islands;(f) is a person to whom a certificate has been granted under section 16 of the Immigration
and Passport Act 1977 of the Virgin Islands (in this subsection referred to as “the Act”,
and references to the Act or to any section thereof include references to any enactment
amending, replacing or re-enacting the same) and has not been revoked under section 17of the Act; and (without prejudice to the right of any person to apply for the grant of sucha certificate under the Act) a British overseas territories citizen by virtue of naturalisationin the Virgin Islands has a right by virtue of this Constitution to apply for the grant ofsuch a certificate;6(g) is the spouse of a person who belongs to the Virgin Islands and has been granted acertificate under section 16 of the Act; or(h) was immediately before the commencement of this Constitution deemed to belong to the
Virgin Islands by virtue of the Virgin Islands (Constitution) Order 1976(a).
(3) In this Constitution, unless it is otherwise provided or required by the context, any reference
to the holder of an office by a term designating or describing his or her office shall be construed asincluding a reference to any person who, under and to the extent of any authority in that respect, isfor the time being performing the functions of that office.
(4) In this Constitution, unless it is otherwise provided or required by the context, references tothe functions of the Governor shall be construed as references to his or her powers and duties in
exercise of the executive authority of the Virgin Islands and to any other powers or duties
conferred or imposed on him or her as Governor by or under this Constitution or any other law.
References to public office3.—(1) For the purposes of this Constitution, a person shall not be considered to hold a public
office by reason only that—(a) he or she is in receipt of a pension or other like allowance in respect of public service; or(b) he or she is in receipt of any remuneration or allowances in respect of his or her tenure of
the office of Minister, Speaker, Deputy Speaker or member of the House of Assembly, or
member of the Public Service Commission, the Teaching Service Commission, theJudicial and Legal Services Commission, or the Police Service Commission.
(2) If it is provided by any law in force in the Virgin Islands that an office shall not be a public
office for the purposes of section 66(1)(a), this Constitution shall have effect accordingly as if thatprovision of that law were enacted herein.
(3) References in section 60 and Chapter 7 to public offices shall not be construed as includingreferences to—(a) the office of a member of any board, committee or other similar body (whether
incorporated or not) established by any law in force in the Virgin Islands; or(b) any office of emolument under any local government council or authority in the Virgin
Islands.
Appointments
4.—(1) In this Constitution, unless it is otherwise provided or required by the context, anyreference to power to make appointments to any office shall be construed as including a reference
to power to make appointments on promotion or transfer to that office and to power to appoint a
person to perform the functions of that office during any period when it is vacant or the holder of
it is unable (whether by reason of absence or infirmity of body or mind or any other cause) toperform those functions.
(2) Where by this Constitution any person is directed, or power is conferred on any person or
authority to appoint a person, to perform the functions of an office if the holder of that office isunable to perform those functions, the validity of any performance of those functions by the
person so directed or of any appointment made in exercise of that power shall not be called inquestion in any court on the ground that the holder of the office is not unable to perform thefunctions of that office.
(3) Where this Constitution vests in any person power to make appointments to any office, aperson may be appointed to that office, notwithstanding that some other person may be holdingthat office, when that other person is on leave of absence pending relinquishment of that office;and where two or more persons are holding the same office by reason of an appointment made in(a) S.I. 1976/2145, amended by S.I. 1979/1603, 1982/151, 1991/2871, 1994/1638, 2000/1343.

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pursuance of this subsection, then, for the purposes of any function conferred on the holder of that
office, the person last appointed to the office shall be deemed to be the sole holder of the office.
Re-election or reappointment
5. Any person who has vacated his or her seat in the House of Assembly or has vacated any
office constituted by or under this Constitution may, if qualified, again be elected as a member ofthe House or appointed to that office, as the case may be, from time to time in accordance withthis Constitution.
Removal from office
6. In this Constitution, unless it is otherwise provided or required by the context, any reference
to power to remove a public officer from office shall be construed as including a reference to any
power conferred by any law to require or permit that officer to retire from the public service.
Resignation
7. For the purposes of this Constitution, the resignation of the holder of any office that isrequired to be addressed to any person shall have effect from the time that it is received by that
person, unless otherwise specified in the letter of resignation.
Power to amend or revoke instruments
8. Where any power is conferred by this Constitution to make any proclamation, order or
regulations or to give any directions, the power shall be construed as including a power
exercisable in like manner to amend or revoke any such proclamation, order, regulations ordirections.

CHAPTER 2
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual
9. Whereas every person in the Virgin Islands is entitled to the fundamental rights and freedomsof the individual;
Whereas those fundamental rights and freedoms are enjoyed without distinction of any kind, suchas sex, race, colour, language, religion, political or other opinion, national, ethnic or social origin,association with a national minority, property, family relations, economic status, disability, age,birth, sexual orientation, marital or other status, subject only to prescribed limitations;
Whereas it is recognised that those fundamental rights and freedoms apply, subject to respect for
the rights and freedoms of others and for the public interest, to each and all of the following,
namely—(a) life, equality, liberty, security of the person and the protection of the law;(b) freedom of conscience, expression, movement, assembly and association; and(c) protection for private and family life, the privacy of the home and other property andfrom deprivation of property save in the public interest and on payment of faircompensation;
Now, therefore, it is declared that the subsequent provisions of this Chapter shall have effect forthe purpose of affording protection to the aforesaid rights and freedoms, and to related rights andfreedoms, subject to such limitations of that protection as are contained in those provisions, being
limitations designed to ensure that the enjoyment of the protected rights and freedoms by any
individual does not prejudice the rights and freedoms of others or the public interest.

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Interpretation of Chapter 210.—(1) In this Chapter, unless the contrary intention appears—“contravention”, in relation to any requirement, includes a failure to comply with that
requirement, and cognate expressions shall be construed accordingly;“court” means any court of law or tribunal having jurisdiction in the Virgin Islands, including
Her Majesty in Council, but excepting, save in section 14, a court established by or underdisciplinary law;“disciplinary law” means a law regulating the discipline of any disciplined force;“disciplined force” means—(a) a naval, military or air force;(b) any police force of the Virgin Islands;(c) the prison service of the Virgin Islands;“member”, in relation to a disciplined force, includes any person who, under the law
regulating the discipline of that force, is subject to that discipline;“minor” means a person who has not attained the age of eighteen years or such other age as
may be prescribed for this purpose by any law;
“period of public emergency” means any period during which—(a) Her Majesty is at war; or(b) there is in force in the Virgin Islands a proclamation of emergency under section 27(1) or
under any law enacted by the Legislature to like effect.
(2) In relation to any person who is a member of a disciplined force raised under a law enacted
by the Legislature, nothing in or done under the authority of the disciplinary law of that force shallbe held to contravene the provisions of this Chapter other than sections 11, 13 and 14.
(3) In relation to any person who is a member of a disciplined force raised otherwise than as
aforesaid and lawfully present in the Virgin Islands, nothing in or done under the authority of thedisciplinary law of that force shall be held to contravene any of the provisions of this Chapter.
Protection of right to life
11.—(1) Every person has a right to life which shall be protected by law.
(2) No person shall be deprived intentionally of his or her life.
(3) A person shall not be regarded as having been deprived of his or her life in contravention ofthis section if he or she dies as a result of a lawful act of war or the use, to such extent and in suchcircumstances as are permitted by law, of force which is no more than absolutely necessary—(a) for the defence of any person from violence;(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or(c) for the purpose of suppressing a riot, insurrection or mutiny.
Equality before the law
12.—(1) Everyone is equal before the law and has the right to equal protection and benefit of thelaw.
(2) Subject to such limitations as are prescribed by law, equality includes the full and equalenjoyment of all rights and freedoms.
Protection from inhuman treatment
13. No person shall be subjected to torture or to inhuman or degrading treatment or punishment.

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Protection from slavery and forced labour
14.—(1) No person shall be subjected to slavery, servitude or forced labour.
(2) For the purposes of subsection (1), “forced labour” does not include—(a) any labour required in consequence of the sentence or order of a court;(b) any labour required of a member of a disciplined force in pursuance of his or her duties assuch or, in the case of a person who has conscientious objections to service in a naval,
military or air force, any labour that such person is required by law to perform in place ofsuch service;(c) labour required of a person while he or she is lawfully detained that is reasonably
necessary in the interests of hygiene; or(d) any labour required for the purpose of dealing with any situation arising during a periodof public emergency or at a time when any other emergency or calamity threatens thewell-being of the community, to the extent that the requiring of such labour as may beprescribed in emergency regulations is reasonably justifiable for that purpose.
Protection of right to personal liberty
15.—(1) Every person has the right to liberty and security of the person.
(2) No person shall be deprived of his or her personal liberty, save as may be authorised by law
in any of the following cases—(a) in execution of the sentence or order of a court (whether of the Virgin Islands orotherwise) in respect of a criminal offence of which that person has been convicted or in
respect of any other order of the court;(b) for the purpose of bringing that person before a court in execution of the order of a court;(c) upon reasonable suspicion of that person having committed or of being about to commit acriminal offence under any law;(d) in the case of a minor, under the order of a court or in order to bring that person before acourt or with the consent of his or her parent or legal guardian, for his or her education or
welfare;(e) for the purpose of preventing the spread of an infectious or contagious disease;(f) in the case of a person who is, or reasonably suspected to be, of unsound mind, addicted
to drugs or alcohol, or a vagrant, for the purpose of his or her care or treatment or theprotection of the community;(g) for the purpose of preventing the unlawful entry of that person into the Virgin Islands, orfor the purpose of effecting the expulsion, extradition or other lawful removal of that
person from the Virgin Islands, or for the purpose of restricting that person while he or
she is being conveyed through the Virgin Islands in the course of his or her extradition or
removal as a convicted prisoner from one country to another.
(3) Any person who is arrested or detained shall be informed promptly, as prescribed by law, ina language that he or she understands, of the reason for his or her arrest or detention and of his or
her right to remain silent.
(4) Any person who is arrested or detained shall have the right, at any stage and at his or her
own expense, to retain and instruct without delay a legal practitioner of his or her own choice,which shall include the right to hold private communication with such legal practitioner and, in thecase of a minor, to communicate with his or her parent or legal guardian.
(5) Any person who is arrested or detained—(a) for the purpose of bringing him or her before a court in execution of the order of a court;or(b) upon reasonable suspicion of his or her having committed or being about to commit acriminal offence under any law,10

and who is not released, within the period prescribed by law, shall be brought promptly before acourt.
(6) If any person arrested or detained as mentioned in subsection (5)(b) is not charged within the
period or extended period prescribed by law, then, without prejudice to any further proceedings,
he or she shall be released either unconditionally or on reasonable conditions, including suchconditions as are reasonably necessary to ensure that he or she appears later for trial or forproceedings preliminary to trial.
(7) For the purpose of subsection (2)(a), a person charged with a criminal offence in respect ofwhom a special verdict has been returned that he or she was guilty of the act or omission charged
but was insane when he or she did the act or made the omission shall be regarded as a person who
has been convicted of a criminal offence, and the detention of that person in consequence of sucha verdict shall be regarded as detention in execution of the order of a court.
Provisions to secure protection of law
16.—(1) If any person is charged with a criminal offence, then, unless the charge is withdrawn,
the case shall be afforded a fair hearing within a reasonable time by an independent and impartial
court established by law.
(2) Every person who is charged with a criminal offence shall—(a) be presumed to be innocent until he or she is proved guilty according to law;(b) be informed promptly, as prescribed by law, in a language that he or she understands andin detail, of the nature of the offence charged;(c) be given adequate time and opportunity for the preparation of his or her defence;(d) be permitted to defend himself or herself before the court in person or, at his or her own
expense, by a legal practitioner of his or her own choice or where he or she is unable toafford to retain a legal practitioner and the interests of justice so require, by a legal
practitioner at the public expense provided through an established public legal aid scheme
as prescribed by law;(e) be entitled to examine in person or by his or her legal practitioner the witnesses called by
the prosecution before the court, and to obtain the attendance and carry out theexamination of witnesses to testify on his or her behalf before the court on the same
conditions as those applying to witnesses called by the prosecution;(f) be permitted to have without payment the assistance of an interpreter if he or she cannot
understand or speak the language used at the trial of the charge; and(g) when charged on indictment in the High Court, have the right to trial by jury,and except with that person’s own consent the trial shall not take place in his or her absence,unless he or she so behaves in the court as to render the continuance of the proceedings in his or
her presence impracticable and the court has ordered him or her to be removed and the trial toproceed in his or her absence.
(3) No person shall be held to be guilty of a criminal offence on account of any act or omissionthat did not, at the time it took place, constitute such an offence, and no penalty shall be imposed
for any criminal offence that is severer in degree or description than the maximum penalty thatmight have been imposed for that offence at the time when it was committed.
(4) No person who shows that he or she has been tried by a competent court for a criminal
offence and either convicted or acquitted shall again be tried for that offence, save upon the orderof a superior court in the course of appeal or review proceedings relating to the conviction or
acquittal.
(5) No person shall be tried for a criminal offence if he or she shows that he or she has been
granted a pardon for that offence, either free or subject to lawful conditions.
(6) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(7) Every person who has been convicted by a court of a criminal offence shall have the right—

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(a) to receive free of charge a copy of his or her conviction record and any sentence imposed
as a consequence thereof; and(b) to appeal to a superior court against the conviction or the sentence or both as may beprescribed by law.
(8) When a person has, by a final decision of a court, been convicted of a criminal offence and,
subsequently, the conviction has been quashed, or that person has been pardoned, on the groundthat a newly-disclosed fact shows that there has been a miscarriage of justice, he or she shall becompensated out of public funds for any punishment that he or she has suffered as a result of theconviction unless it is proved that the non-disclosure in time of that fact was wholly or partly hisor her fault.
(9) For the determination of the existence or extent of his or her civil rights and obligations,
every person shall have the right to a fair hearing within a reasonable time before an independentand impartial court or other authority established by law.
(10) Except with the agreement of all the parties thereto, all proceedings for the trial of any
criminal charge or for the determination of the existence or extent of any person’s civil rights or
obligations before any court or other authority, including the announcement of the decision, shallbe held in public.
(11) Nothing in subsection (10) shall prevent the court or other authority from excluding fromthe proceedings persons other than the parties thereto and their legal representatives to such extent
as the court or other authority may—(a) by law be empowered to do and may consider necessary or expedient in circumstanceswhere publicity would prejudice the interests of justice or in interlocutory proceedings orin the interests of the welfare of minors or the protection of the private lives of persons
concerned in the proceedings; or(b) by law be empowered or required to do in the interests of defence, public safety, publicorder or public morality.
(12) Nothing in any law or done under its authority shall be held to contravene—(a) subsection (2)(a), to the extent that the law in question imposes on any person charged
with a criminal offence the burden of proving particular facts;(b) subsection (2)(e), to the extent that the law in question imposes reasonable conditions thatmust be satisfied if witnesses called to testify on behalf of an accused person are to be
paid their expenses out of public funds; or(c) subsection (4), to the extent that the law in question authorises a court to try a member ofa disciplined force for a criminal offence notwithstanding any trial and conviction or
acquittal of that member under the disciplinary law of that force; but any court so trying
and convicting such a member shall in imposing any sentence take into account any
punishment imposed on that member under that disciplinary law.
Protection of right of prisoners to humane treatment
17.—(1) All persons deprived of their liberty (in this section referred to as “prisoners”) have theright to be treated with humanity and with respect for the inherent dignity of the human person.
(2) Save where the interests of defence, public safety, public order, public morality, publichealth or the administration of justice otherwise require, unconvicted prisoners shall be segregatedfrom convicted prisoners.
(3) Every juvenile prisoner shall be segregated from adult prisoners and shall be entitled to haveany criminal proceedings against him or her pursued with the greatest possible expedition.
Protection of freedom of movement
18.—(1) A person shall not be deprived of his or her freedom of movement, that is to say, theright to move freely throughout the Virgin Islands, the right to reside in any part of the Virgin
Islands, the right of a person who belongs to the Virgin Islands or on whom residence status has

12been conferred by law to enter and leave the Virgin Islands, and immunity from expulsion fromthe Virgin Islands.
(2) Any restriction on a person’s freedom of movement that is involved in his or her lawful
detention shall not be held to contravene this section.
(3) Nothing in any law or done under its authority shall be held to contravene this section to theextent that the law in question makes provision—(a) for the imposition of restrictions on the movement or residence within the Virgin Islands
or on the right to leave the Virgin Islands of persons generally or any class of persons thatare reasonably justifiable in a democratic society in the interests of defence, public safety,
public order, public morality or public health;(b) for the imposition of restrictions, by order of a court, on the movement or residence
within the Virgin Islands of any person or on any person’s right to leave the Virgin
Islands either in consequence of that person having been found guilty of a criminal
offence or for the purpose of ensuring that he or she appears before a court later for trial
for a criminal offence or for proceedings relating to his or her extradition or lawful
removal from the Virgin Islands;(c) for the imposition of restrictions on persons who do not belong to the Virgin Islands;
but—(i) no restriction may be imposed by virtue only of this paragraph on the right of any
such person, so long as he or she is lawfully present in the Virgin Islands, to movefreely throughout the Virgin Islands and to reside anywhere in the Virgin Islands;(ii) no restriction may be imposed by virtue only of this paragraph on the right of any
such person to leave the Virgin Islands; and(iii) no such person shall be liable, by virtue only of this paragraph, to be expelled fromthe Virgin Islands unless the requirements specified in subsection (4) are satisfied;(d) for the imposition of restrictions on the acquisition or use by any person of any land orother property in the Virgin Islands and the imposition of any fee in respect thereof;(e) for the imposition of restrictions on the movement or residence within the Virgin Islands
or on the right to leave the Virgin Islands of any public officer that are reasonably
required for the proper performance of his or her functions;(f) for the removal of a person from the Virgin Islands to be tried or punished in some othercountry for a criminal offence under the law of that other country or to undergo
imprisonment in some other country in execution of the sentence of a court in respect of acriminal offence of which he or she has been convicted, or to relocate to some othercountry for the protection of the person with his or her consent; or(g) for the imposition of restrictions on the right of any person to leave the Virgin Islands thatare reasonably justifiable in a democratic society in order to secure the fulfilment of any
obligations imposed on that person by law.
(4) The requirements to be satisfied for the purposes of subsection (3)(c)(iii) are as follows—(a) the decision to expel that person is taken by an authority, in a manner and on grounds
prescribed by law;(b) that person has the right, save where the interests of defence, public safety or public order
otherwise require, to submit reasons against his or her expulsion to a competent authority
prescribed by law;(c) that person has the right, save as aforesaid, to have his or her case reviewed by acompetent authority prescribed by law; and(d) that person has the right, save as aforesaid, to be represented for the purposes ofparagraphs (b) and (c) before the competent authority or some other person or authority
designated by the competent authority.

13(5) For the purposes of subsection (3)(e), “law” in subsection (3) includes directions in writing
regarding the conduct of public officers generally or any class of public officer issued by theGovernment of the Virgin Islands.
Protection of private and family life and privacy of home and other property
19.—(1) Every person has the right to respect for his or her private and family life, his or herhome and his or her correspondence, including business and professional communications.
(2) Except with his or her own consent, no person shall be subjected to the search of his or her
person or property or the entry by others on his or her premises.
(3) Nothing in any law or done under its authority shall be held to contravene this section to theextent that it is reasonably justifiable in a democratic society—(a) in the interests of defence, public safety, public order, public morality, public health,town and country planning, the development of mineral resources, or the development or
utilisation of any other property in such manner as to promote the public benefit;(b) for the purpose of protecting the rights and freedoms of other persons;(c) to enable an officer or agent of the Government of the Virgin Islands, a local government
authority or a body corporate established by law for public purposes to enter on thepremises of any person in order to inspect those premises or anything on them for the
purpose of any tax, rate or due or in order to carry out work connected with any property
that is lawfully on those premises and that belongs to the Government of the Virgin
Islands or that authority or body corporate, as the case may be;(d) to authorise, for the purpose of enforcing the judgment or order of a court in any
proceedings, the search of any person or property by order of a court or the entry upon
any premises by such order; or(e) for the prevention or detection of offences against the criminal law or the customs law.
Protection of the right to marry and found a family
20.—(1) Every man and woman of a marriageable age has the right to marry and found a familyin accordance with laws enacted by the Legislature.
(2) No person shall be compelled to marry without his or her free and full consent.
(3) Nothing in any law or done under its authority shall be held to contravene subsection (1) tothe extent that it is reasonably justifiable in a democratic society—(a) in the interests of public order, public morality or public health;(b) for regulating, in the public interest, the procedures and modalities of marriage; or(c) for protecting the rights and freedoms of other persons.
(4) Spouses shall be entitled to equal rights and subject to equal responsibilities—(a) as between themselves, both during the marriage and, if the marriage is dissolved, at its
dissolution; and(b) as regards their children, where there are any, both during the marriage and, if themarriage is dissolved, at and after its dissolution;
but this equality of rights and responsibilities shall be subject to such arrangements or measures as
may be agreed or as may be ordered by a court, in accordance with prescribed law, in the interestsof the spouses and their children.
Protection of freedom of conscience21.—(1) No person shall be hindered in the enjoyment of his or her freedom of conscience.
(2) Freedom of conscience includes freedom of thought and of religion, freedom to change one’s
religion or belief, and freedom, either alone or in community with others and either in public or in

14

private, to manifest and propagate one’s religion or belief in worship, teaching, practice andobservance.
(3) No religious community or denomination shall be prevented from or hindered in providing
religious instruction for persons of that community or denomination in the course of any education
provided by it whether or not it is in receipt of any government subsidy, grant or other form offinancial assistance designed to meet, in whole or in part, the cost of such education.
(4) No person shall be compelled to take any oath which is contrary to his or her religion or
belief or to take any oath in a manner which is contrary to his or her religion or belief, althoughsuch person may be required to make an affirmation in lieu of taking an oath.
(5) Nothing in any law or done under its authority shall be held to contravene this section to theextent that it is reasonably justifiable in a democratic society—(a) in the interests of defence, public safety, public order, public morality or public health; or(b) for the purpose of protecting the rights and freedoms of other persons, including the rightof any person to observe and practise his or her religion or belief without the unsolicitedintervention of adherents of any other religion or belief.
(6) References in this section to a religion shall be construed as including references to areligious denomination, and cognate expressions shall be construed accordingly.
Protection of the right to education
22.—(1) This section is without prejudice to section 21.
(2) Every child of the appropriate age, as provided by law, shall be entitled to receive primaryeducation which shall, subject to subsection (4), be free.
(3) Except with his or her own consent (or, in the case of a minor, the consent of his or her
parent or legal guardian), no person attending a public educational institution shall be required toreceive religious instruction or to take part in or attend any religious ceremony or observance.
(4) Every person who is the parent or legal guardian of a child shall be entitled to have his or her
child (of whatever age) educated, at his or her own expense unless a law otherwise provides, in a
private school (that is to say, a school other than one established by a public authority) and, insuch a school, to ensure the religious and moral education of his or her child in accordance withhis or her own convictions.
(5) Nothing in any law or done under its authority shall be held to contravene subsection (4) tothe extent that it is reasonably justifiable in a democratic society and to the extent that the law
makes provision requiring private schools, as a condition of their being allowed to operate and on
terms no more onerous than are applicable to schools established by a public authority, tosatisfy—(a) such minimum educational standards (including standards relating to the qualifications ofteaching staff and other staff) as may be prescribed by or under any law; and(b) such minimum standards imposed in the interests of public order, public morality or
public health as may be so prescribed.
Protection of freedom of expression
23.—(1) No person shall be hindered in the enjoyment of his or her freedom of expression.
(2) A person’s freedom of expression includes freedom to hold opinions without interference,
freedom to receive information and ideas without interference, freedom to disseminate
information and ideas without interference (whether to the public generally or to any person orclass of persons) and freedom from interference with his or her correspondence or other means ofcommunication.
(3) Nothing in any law or done under its authority shall be held to contravene this section to theextent that it is reasonably justifiable in a democratic society—(a) in the interests of defence, public safety, public order, public morality or public health;15

(b) for the purpose of protecting the reputations, rights and freedoms of other persons, or theprivate lives of persons concerned in legal proceedings or proceedings before statutory
tribunals, preventing the disclosure of information received in confidence, maintaining
the authority and independence of the courts, or regulating telecommunications, posts,
broadcasting or public shows; or(c) that imposes restrictions on public officers that are reasonably required for the proper
performance of their functions.
(4) For the purposes of subsection (3)(c), “law” in subsection (3) includes directions in writing
regarding the conduct of public officers generally or any class of public officer issued by theGovernment of the Virgin Islands.
Protection of freedom of assembly and association
24.—(1) No person shall be hindered in the enjoyment of his or her freedom of peacefulassembly and association.
(2) The freedom of peaceful assembly and association includes the right to assemble freely andassociate with other persons and, in particular, to form or belong to political parties or trade unions
or other lawful associations for the promotion and protection of his or her interests.
(3) Nothing in any law or done under its authority shall be held to contravene this section to theextent that it is reasonably justifiable in a democratic society—(a) in the interests of defence, public safety, public order, public morality or public health;(b) for the purpose of protecting the rights and freedoms of other persons; or(c) for the imposition of restrictions on public officers that are reasonably required for theproper performance of their functions.
(4) For the purposes of subsection (3)(c), “law” in subsection (3) includes directions in writing
regarding the conduct of public officers generally or any class of public officer issued by theGovernment of the Virgin Islands.
Protection from deprivation of property
25.—(1) No property of any description shall be compulsorily taken possession of, and nointerest in or right to or over property of any description shall be compulsorily acquired, except inaccordance with law and where—(a) the taking of possession or acquisition is necessary or expedient in the interests ofdefence, public safety, public order, public morality, public health, or the development or
utilisation of any property in such manner as to promote the public benefit;(b) there is reasonable justification for any hardship that may result to any person having aninterest in or right to or over the property;(c) provision is made by a law applicable to the taking of possession or acquisition—(i) for the prompt payment of adequate compensation; and(ii) securing to any person having an interest in or right to or over the property a right ofaccess to the High Court, whether direct or on appeal from a tribunal or otherauthority, for the determination of his or her interest or right, the legality of thetaking of possession or acquisition and the amount of compensation to which he or
she is entitled, and for the purpose of obtaining prompt payment of thatcompensation; and(d) the same rights of appeal as are accorded generally to parties to civil proceedings in theHigh Court sitting as a court of original jurisdiction are given to any party to proceedingsin that Court relating to such a claim.
(2) No person who is entitled to compensation under this section shall be prevented fromremitting, within a reasonable time after he or she has received any amount of that compensation,
the whole of that amount to any country of his or her choice outside the Virgin Islands.

16

(3) Nothing in any law or done under its authority shall be held to contravene subsection (1)—(a) to the extent that the law in question makes provision for the taking of possession or
acquisition of any property, interest or right—(i) in satisfaction of any tax, rate, statutory contribution, levy or due;(ii) by way of penalty for breach of the law or forfeiture in consequence of breach of thelaw;(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;(iv) by way of the taking of a sample for the purposes of any law;(v) when the property consists of an animal, upon its being found trespassing orstraying;(vi) in the execution of a judgment or order of a court;(vii) in circumstances where it is reasonably necessary so to do because the property is ina dangerous state or likely to be injurious to the health of human beings, animals orplants;(viii) in consequence of any law with respect to the limitation of actions or prescription;(ix) for so long as may be necessary for the purposes of any examination, investigation,
trial or enquiry or, in the case of land, for the purpose of carrying out on it work ofreclamation, erection of a utility service item for the public benefit, drainage, soil
conservation or the conservation of other natural resources or work relating toagricultural development or improvement (being work relating to such development
or improvement that the owner or occupier of the land has been required, and has,
without reasonable excuse, refused or failed, to carry out),
provided that the provision or, as the case may be, the thing done under its authority is reasonably
justifiable in a democratic society;(b) to the extent that the law in question makes provision for the taking of possession of, or
the acquisition of any interest in or right to or over, any of the following property, that is
to say—(i) enemy property;(ii) property vested in the Crown as bona vacantia;(iii) property of a deceased person or a person who is unable, by reason of legal
incapacity, to administer it personally, for the purpose of its administration for the
benefit of the persons entitled to the beneficial interest in it;(iv) property of a person adjudged bankrupt or a body corporate in liquidation, for the
purpose of its administration for the benefit of the creditors of that person or bodyand, subject thereto, for the benefit of other persons entitled to the beneficial interestin the property; or(v) property subject to a trust, for the purpose of vesting the property in persons
appointed as trustees under the instrument creating the trust or by a court or by orderof a court for the purpose of giving effect to the trust.
(4) Nothing in any law or done under its authority shall be held to contravene this section to theextent that the law in question makes provision for the compulsory taking of possession of any
property, or the compulsory acquisition of any interest in or right to or over property, where thatproperty, interest or right is held by a body corporate established by law for public purposes inwhich no moneys have been invested other than moneys provided from public funds.
Protection from discrimination
26.—(1) In this section, the expressions—(a) “discriminatory” means affording different treatment to different persons on any groundsuch as sex, race, colour, language, religion, political or other opinion, national, ethnic or17social origin, association with a national minority, property, family relations, economic
status, disability, age, birth, sexual orientation, marital or other status; and(b) “public authority” means any statutory body or company or association in which theGovernment of the Virgin Islands has an interest and which performs a public function or
duty.
(2) Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory
either of itself or in its effect.
(3) Subject to subsections (6), (7) and (8), no person shall be treated in a discriminatory mannerby any person acting under any written law or performing the functions of any public office or any
public authority.
(4) Subsection (2) shall not apply to any law so far as the law makes provision—(a) for the imposition of taxation or appropriation of revenue by the Government of theVirgin Islands or any local authority or body for local purposes;(b) with respect to the entry into or exclusion from, or the employment, engaging in any
business or profession, movement or residence within, the Virgin Islands of persons who
do not belong to the Virgin Islands, or for any other purpose with respect to such persons
to the extent that the provision is reasonably justifiable in a democratic society;(c) for the application, in the case of persons of any such description as is mentioned insubsection (1)(a) (or of persons connected with such persons), of the law with respect toadoption, marriage, divorce, burial, devolution of property on death or other like mattersthat is the personal law applicable to persons of that description; or(d) whereby persons of any such description as is mentioned in subsection (1)(a) may besubjected to any disability or restriction or may be accorded any privilege or advantage
that, having regard to its nature and to special circumstances pertaining to those persons
or to persons of any other such description, is reasonably justifiable in a democraticsociety.
(5) Nothing in any law shall be held to contravene subsection (2) to the extent that it makes
provision with respect to qualifications (not being qualifications specifically relating to any suchdescription as is mentioned in subsection (1)(a)) for service as a public officer or as a member of adisciplined force or for the service of a local government authority or a body corporate establishedby law for public purposes.
(6) Subsection (3) shall not apply to anything that is expressly or by necessary implication
authorised to be done by any such provision of law as is referred to in subsection (4) or (5).
(7) Nothing in any law or done under its authority shall be held to contravene this section to theextent that the law in question makes provision whereby persons of any such description as ismentioned in subsection (1)(a) may be subjected to any restriction on the rights and freedoms
guaranteed by section 18, 19, 20, 21, 22, 23 or 24 if that restriction would, in accordance with that
section, be a restriction authorised for the purposes of that section on the ground that—(a) the provision by or under which it is imposed is reasonably required in the interests of amatter, or for a purpose, specified in that section; and(b) the provision and the restriction imposed under it are reasonably justifiable in a
democratic society.
(8) Nothing in subsection (3) shall affect any discretion relating to the institution, conduct ordiscontinuance of civil or criminal proceedings in any court that is vested in any person by orunder this Constitution or any other law.
Provisions for periods of public emergency
27.—(1) A period of public emergency may be declared by the Governor, by proclamation
published in the manner provided in subsection (2), when—(a) the well-being or security of the Virgin Islands is threatened by war, invasion, generalinsurrection, public disorder, natural disaster or other public emergency; and18

(b) the declaration is considered necessary by the Governor to maintain or restore peace andorder.
(2) A proclamation shall be taken to be published if it is published in the Gazette or in a
newspaper published in the Virgin Islands, or if it is posted in prominent public places orannounced on the radio.
(3) Without prejudice to the power of the Legislature to make laws under this Constitution,
during a period of public emergency the Governor may make such regulations for the Virgin
Islands as appear to him or her to be necessary or expedient for securing the public safety, thedefence of the Virgin Islands or the maintenance of public order, or for maintaining supplies andservices essential to the life of the community.
(4) Regulations made under subsection (3) shall—(a) have effect only prospectively;(b) have effect, subject to this section, notwithstanding the provisions of any other law inforce in the Virgin Islands or any rule of law having effect therein;(c) unless previously revoked, expire at the end of the period of public emergency during
which they were made unless provision for their continuance in force (without or without
modification) is made by the Legislature.
(5) Nothing in any law or done under its authority shall be held to contravene any of theprovisions of this Chapter other than sections 11, 13, 14(1), 16(2)(a), 16(3), 16(4), 16(5) and 16(6)to the extent that the law authorises the taking during any period of public emergency of measuresthat are reasonably justifiable for dealing with the situation that exists in the Virgin Islands duringthat period.
(6) Before exercising any function under subsection (1) or (3) or under any law enacted by theLegislature to like effect, the Governor shall consult the Cabinet or, if that is not practicable in thecircumstances, the Premier; but if in the judgement of the Governor it is impracticable for him or
her to consult either the Cabinet or the Premier, the function shall be exercised by the Governor
acting in his or her discretion.
(7) Where the Governor has consulted the Cabinet or the Premier under subsection (6), theGovernor shall, save in matters falling within the Governor’s special responsibilities under section
60(1), act in accordance with any advice given to him or her by the Cabinet or the Premier, unless
instructed otherwise by a Secretary of State.
(8) Where any proclamation of emergency has been made by the Governor under subsection (1),a copy of the proclamation shall as soon as practicable be laid before and debated in the House of
Assembly, and if the House is not due to meet within five days of the making of that proclamation
it shall meet within that period or as soon as practicable thereafter.
(9) A proclamation of emergency shall, unless it is sooner revoked by the Governor, cease to be
in force at the expiration of a period of fourteen days beginning on the date on which it was madeor such longer period as may be provided under subsection (10), but without prejudice to themaking of another proclamation of emergency at or before the end of that period.
(10) If at any time while a proclamation of emergency is in force (including any time while it isin force by virtue of this subsection) a resolution is passed by the House of Assembly approving
its continuance in force for a further period not exceeding three months, beginning on the date on
which it would otherwise expire, the proclamation shall, if not sooner revoked, continue in force
for that further period.
(11) Nothing contained in this section or any emergency regulations shall be construed topreclude the House of Assembly from—(a) meeting whenever practicable in accordance with its Standing Orders; and(b) directing that reports relating to the emergency, including the implementation of any
emergency regulations, be prepared and presented in such manner and within such
periods to the House of Assembly as the House may determine.

19

Protection of persons detained under emergency laws
28.—(1) When a person is detained by virtue of any law in relation to a period of public
emergency the following provisions shall apply—(a) notification shall, not more than ten days after the commencement of his or her detention,
be published in a public place (and thereafter as soon as possible in the Gazette) statingthat he or she has been detained and giving particulars of the provision of law by virtue of
which his or her detention is authorised;(b) he or she shall (if not sooner released), as soon as reasonably practicable and in any casenot more than four days after the commencement of his or her detention, be informed, ina language that he or she understands, of the grounds on which he or she is detained andfurnished with a written statement;(c) his or her case shall, not more than thirty days after the commencement of his or her
detention and thereafter during the detention at intervals of not more than three months,
be reviewed by an independent and impartial tribunal established by law and presided
over by a person appointed by the Chief Justice;(d) he or she shall be afforded reasonable opportunity to consult a legal practitioner of his or
her own choice and to hold private communication with such legal practitioner; and(e) he or she shall, at the hearing of his or her case by the tribunal appointed for its review, be
permitted to appear in person or by a legal practitioner of his or her own choice.
(2) For the purpose of subsection (1)(d) and (e), if the detained person is unable to retain a legal
practitioner of his or her own choice, the tribunal may approve such person as it deems fit to makerepresentations to it, provided that nothing in subsection (1)(d) or (e) shall be construed as
entitling a detained person to legal representation at public expense.
(3) On any review by a tribunal of the case of a detained person under this section, the tribunal
may make recommendations concerning the necessity or expediency of continuing his or her
detention to the authority by which it was ordered but, unless it is otherwise provided by law, that
authority shall not be obliged to act in accordance with any such recommendations.
Protection of the environment
29. Every person has the right to an environment that is generally not harmful to his or her
health or well-being and to have the environment protected, for the benefit of present and future
generations, through such laws as may be enacted by the Legislature including laws to—(a) prevent pollution and ecological degradation;(b) promote conservation; and(c) secure ecologically sustainable development and use of natural resources while
promoting justifiable economic and social development.
Protection of children
30. The Legislature may, in addition to any rights and freedoms provided in this Chapter which
afford protection to children, enact such laws as it considers fit to promote the well-being andwelfare of children and to afford them protection from any harm, exploitation, neglect, abuse,maltreatment or degradation and to provide them with such facilities as would aid their growth anddevelopment.
Enforcement of protective provisions
31.—(1) If any person alleges that any of the foregoing provisions of this Chapter has been, isbeing or is likely to be contravened in relation to him or her (or, in the case of a person who isdetained, if any other person alleges such a contravention in relation to the detained person), then,without prejudice to any other action with respect to the same matter that is lawfully available, that
person (or that other person) may apply to the High Court for redress.

20(2) The High Court shall have original jurisdiction—(a) to hear and determine any application made by any person under subsection (1); and(b) to determine any question arising in the case of any person that is referred to it undersubsection (7),and may make such declarations and orders, issue such writs and give such directions as it may
consider appropriate for the purpose of enforcing or securing the enforcement of any of theforegoing provisions of this Chapter to the protection of which the person concerned is entitled.
(3) The High Court may decline to exercise its powers under subsection (2) if it is satisfied that
adequate means of redress for the contravention alleged are or have been available to the person
concerned under any other law.
(4) Without prejudice to the generality of subsections (2) and (3), where, in exercise of its
powers under those subsections, the High Court determines that one of the foregoing provisions of
this Chapter has been contravened in relation to any person, it may order, or, as the case may be,
declare that the court which made the reference to it under subsection (7) (“the referring court”)
has the power to order (within such limits as the High Court may declare), the award to that personof such damages as the High Court or, as the case may be, the referring court considers just andappropriate.
(5) An award of damages may not be made under subsection (4) in respect of the enactment of
any law by the Legislature or the making, under such a law, of any subordinate legislation, butsuch an award may be made in respect of anything done by any person acting by virtue of any
such law or subordinate legislation or in performing the functions of any public office or any
public authority.
(6) For the purposes of subsection (5), “public authority” has the meaning prescribed in section
26(1)(b).
(7) If in any proceedings in any court (other than the High Court, the Court of Appeal, Her
Majesty in Council or a court-martial) any question arises as to the contravention of any of theforegoing provisions of this Chapter, the person presiding in that court may, and shall if any party
to the proceedings so requests, refer the question to the High Court unless, in the opinion of thecourt in which the question arose, the raising of the question is merely frivolous or vexatious.
(8) Where any question is referred to the High Court under subsection (7), the High Court shallgive its decision on the question and the referring court shall dispose of the case in accordancewith that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her
Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be,of Her Majesty in Council.
(9) An appeal shall lie as of right to the Court of Appeal from any final determination of any
application or question by the High Court under this section, and an appeal shall lie as of right to
Her Majesty in Council from the final determination by the Court of Appeal of the appeal in any
such case.
(10) The Legislature may by law confer on the High Court such powers in addition to those
conferred by this section as may appear to be necessary or desirable for the purpose of enablingthat Court more effectively to exercise the jurisdiction conferred on it by this section.
(11) The Legislature may by law make, or provide for the making of, provision with respect tothe practice and procedure—(a) of the High Court in relation to the jurisdiction and powers conferred on it by or under
this section;(b) of the High Court or the Court of Appeal in relation to appeals under this section fromdeterminations of the High Court or the Court of Appeal; and(c) of other courts in relation to references to the High Court under subsection (7),including provision with respect to the time within which any application, reference or appeal
shall or may be made or brought.

21

Proceedings which might affect freedom of conscience
32. If a court’s determination of any question arising under this Chapter might affect theexercise by a religious organisation (itself or its members collectively) or by an individual of theright to freedom of conscience as defined and protected by section 21, it must have particularregard to the importance of that right.
Proceedings which might affect freedom of expression
33.—(1) This section applies if a court is considering whether to grant any relief which, if
granted, might affect the exercise of the right to freedom of expression as defined and protected bysection 23.
(2) No such relief shall be granted so as to restrain publication before trial, unless the court
considers and makes an order that the interests of justice will not be served by such publication.
(3) The court shall have particular regard to the importance of the right to freedom of expression
and, where the proceedings relate to material which the respondent claims, or which appears to thecourt, to be journalistic, literary or artistic material (or to conduct connected with such material),to—(a) the extent to which—(i) the material has become, or is about to become, available to the public; or(ii) it is, or would be, in the public interest for the material to be published; and(b) any relevant privacy code.
Establishment of a Human Rights Commission
34.—(1) There may be established by law a human rights commission (in this section referred toas “the commission”).
(2) The composition, powers and duties of the commission (which shall not derogate from theprovisions of this Chapter) shall be such as may be prescribed by the law establishing it and may
include the following—(a) the receipt and investigation of complaints of breaches or infringements of any right or
freedom referred to in this Chapter;(b) the provision of a forum for dealing with, and participation of the commission inpromoting conciliation with respect to, complaints and disputes concerning any matter
relating to this Chapter;(c) issuing guidance on procedures for dealing with any complaints of breaches orinfringements of rights and freedoms referred to in this Chapter;(d) imparting knowledge to the public with respect to the rights and freedoms referred to inthis Chapter or in relation to any international instrument or activity relating to humanrights; and(e) preparing and submitting periodically reports concerning its activities to the Legislature.
(3) The power of the commission to deal with any matter under this Chapter shall be exercised
only with the agreement or concurrence of the persons concerned therewith.
(4) Nothing contained in or done pursuant to any law establishing the commission shall—(a) oblige a person to refer any complaint of a breach or infringement of any right or freedomreferred to in this Chapter to the commission; or(b) prevent a person from seeking redress directly from the court in relation to any breach or
infringement of a right or freedom referred to in this Chapter, and the fact that such
person had previously sought the assistance of the commission with respect to suchbreach or infringement shall not be a bar.

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CHAPTER 3
THE GOVERNOR
Governor
35.—(1) There shall be a Governor of the Virgin Islands who shall be appointed by Her Majesty
by Commission under Her Sign Manual and Signet and shall hold office during Her Majesty’s
pleasure.
(2) The Governor shall have such powers and duties as are conferred or imposed on him or her
by this Constitution or any other law and such other powers as Her Majesty may from time to time
be pleased to assign to him or her.
(3) Subject to the provisions of this Constitution and of any other law by which powers or
duties are conferred on the Governor, the Governor shall do and execute all things that belong tohis or her office (including the exercise of any powers with respect to which the Governor isempowered by this Constitution to act in his or her discretion) according to such instructions, ifany, as Her Majesty may from time to time see fit to give him or her; but the question whether or
not the Governor has in any matter complied with any such instructions shall not be enquired into
in any court.
(4) A person appointed to the office of Governor shall, before entering upon the functions of that
office, make oaths or affirmations of allegiance and for the due execution of that office in theforms set out in Schedule 1.
Deputy Governor
36.—(1) There shall be a Deputy Governor who shall be such person, being a Virgin Islander as
defined in section 65(2), as Her Majesty may designate as such by instructions given through a
Secretary of State and who shall hold office during Her Majesty’s pleasure.
(2) If the office of Deputy Governor is vacant or if the person holding that office is—(a) acting in the office of Governor under section 37;(b) absent from the Virgin Islands; or(c) for any other reason unable to perform the functions of the office of Deputy Governor,
such person as Her Majesty may designate by instructions given through a Secretary of State shallact in the office of Deputy Governor during Her Majesty’s pleasure.
Acting Governor
37.—(1) During any period when the office of Governor is vacant or the Governor is absent
from the Virgin Islands or is for any other reason unable to perform the functions of his or her
office—(a) the Deputy Governor; or(b) if the office of Deputy Governor is vacant, or the Deputy Governor is absent from theVirgin Islands or is for any other reason unable to perform the functions of the office ofGovernor, such person as Her Majesty may designate by instructions given through a
Secretary of State (in this section referred to as “the person designated”),
shall, during Her Majesty’s pleasure, act in the office of Governor and shall perform the functionsof that office accordingly.
(2) Before assuming the functions of the office of Governor, the Deputy Governor or the person
designated shall make the oaths or affirmations directed by section 35(4) to be made by theGovernor.
(3) The Deputy Governor shall not continue to act in the office of Governor after the Governor
has notified him or her that he or she is about to assume or resume the functions of that office, and23

the person designated shall not continue to act in that office after the Governor or Deputy
Governor has so notified him or her.
(4) The Governor or the Deputy Governor shall not, for the purposes of this section or section
36, be regarded as absent from the Virgin Islands or as unable to perform the functions of his or
her office—(a) by reason that he or she is in passage from one part of the Virgin Islands to another;(b) at any time when there is a subsisting appointment of a deputy under section 39; or(c) by reason of absence from the Virgin Islands for a period not exceeding forty-eight hours
for the purpose of visiting the United States Virgin Islands.
(5) In this section “the Governor” means the person holding the office of Governor and “theDeputy Governor” means the means the person holding the office of Deputy Governor.
Functions of Deputy Governor
38.—(1) Subject to subsection (2), the Deputy Governor shall—(a) assist the Governor in the exercise of his or her functions relating to matters for which theGovernor is responsible under section 60;(b) assist the Governor in the exercise of such of his or her other functions, being functions in
the exercise of which the Governor is not obliged to act in accordance with the advice of
any other person or authority, as the Governor, acting in his or her discretion, may direct;
and(c) perform such other functions, not of a ministerial nature, as (subject to this Constitution
and any other law) may be assigned to the Deputy Governor, at the request of thePremier, by the Governor acting in his or her discretion.
(2) The Governor, acting in his or her discretion, may, by writing under his or her hand,authorise the Deputy Governor to exercise for and on behalf of the Governor any or all of thefunctions of the office of Governor, subject to such exceptions and conditions as the Governor
may from time to time so specify.
(3) The power and authority of the Governor shall not be affected by any authority of the
Deputy Governor under subsection (2) and, subject to the provisions of this Constitution and of
any other law by which any function which the Deputy Governor is authorised to exercise isconferred, the Deputy Governor shall comply with such instructions relating to the exercise of thatfunction as the Governor, acting in his or her discretion, may from time to time address to the
Deputy Governor; but the question whether or not the Deputy Governor has in any mattercomplied with any such instructions shall not be enquired into in any court.
(4) Any authority given under subsection (2) may at any time be varied or revoked by Her
Majesty by instructions given through a Secretary of State or by the Governor, acting in his or her
discretion, by writing under his or her hand.
(5) In subsection (2) the reference to any functions of the office of Governor does not include areference to—(a) the functions conferred on the Governor by this section; or(b) any functions conferred on the Governor by any Act of the Parliament of the United
Kingdom or by any Order of Her Majesty in Council or other instrument made under any
such Act other than this Order.
Deputy to Governor
39.—(1) Whenever the Governor—(a) has occasion to be absent from the seat of Government but not from the Virgin Islands;(b) has occasion to be absent from the Virgin Islands for a period which he or she has reason
to believe will be of short duration; or24

(c) is suffering from any illness which he or she has reason to believe will be of shortduration,
the Governor may, acting in his or her discretion, by instrument under the public seal, appoint the
Deputy Governor, or if the Deputy Governor is not available any other person in the Virgin
Islands who is a Virgin Islander as defined in section 65(2), to be his or her deputy during suchabsence or illness and in that capacity to perform on his or her behalf such of the functions of theoffice of Governor as may be specified in that instrument.
(2) The power and authority of the Governor shall not be affected by the appointment of adeputy under this section, and a deputy shall comply with such instructions as the Governor,
acting in his or her discretion, may from time to time address to the deputy; but the question
whether or not a deputy has in any matter complied with any such instructions shall not beenquired into in any court.
(3) A person appointed as a deputy under this section shall hold that appointment for such
period as may be specified in the instrument by which he or she is appointed, and the appointment
may be revoked at any time by Her Majesty by instructions given through a Secretary of State orby the Governor, acting in his or her discretion.
Exercise of Governor’s functions
40.—(1) Subject to this section, the Governor shall consult with the Cabinet in the exercise of all
functions conferred on him or her by this Constitution or any other law for the time being in force
in the Virgin Islands, except—(a) when acting under instructions given to him or her by Her Majesty through a Secretary ofState;(b) when exercising any function conferred on him or her by this Constitution or any suchother law which is expressed to be exercisable by the Governor in his or her discretion, orin accordance with the advice of, or after consultation with, any person or authority otherthan the Cabinet; or(c) in any case which, in his or her opinion, involves a matter for which he or she is
responsible under section 60;
but in exercising his or her powers in relation to matters to which paragraph (c) applies, theGovernor shall consult with the Premier.
(2) The Governor shall not be obliged to consult with the Cabinet or the Premier if, in his or her
judgement—(a) Her Majesty’s service would sustain material prejudice;(b) the matter is not materially significant so as to require consultation; or(c) the urgency of the matter requires the Governor to act before he or she can consult the
Cabinet or the Premier,
but in any case falling within paragraph (c) the Governor shall, as soon as practicable,communicate to the Cabinet the measures which he or she has adopted and the reasons for them.
(3) In any case in which the Governor is required under this section to consult the Cabinet, theGovernor shall act in accordance with the advice of the Cabinet unless in his or her opinion suchadvice would affect a matter for which he or she is responsible under section 60.
(4) Where the Governor is directed by this Constitution to exercise any function after
consultation with any person or authority other than the Cabinet, he or she shall not be obliged toexercise that function in accordance with the advice of that person or authority.
(5) Whenever the Governor, in pursuance of subsection (3), acts contrary to the advice given by
the Cabinet, he or she shall, as soon as practicable, report his or her action and the reasons for it toa Secretary of State.

25

(6) Where the Governor is directed by this Constitution to exercise any function in accordancewith the advice of, or after consultation with, any person or authority, the question whether he or
she has so exercised that function shall not be enquired into in any court.
Crown lands
41.—(1) Subject to any law for the time being in force in the Virgin Islands, the Governor or the
Minister when duly authorised by the Governor by writing under his or her hand, in Her Majesty’s
name and on Her Majesty’s behalf, may, under the public seal, make grants and dispositions oflands or other immovable property in the Virgin Islands or interests in such property that are
vested in Her Majesty for the purposes of the Government of the Virgin Islands; but any suchgrant or disposition shall require the prior approval of the Cabinet.
(2) The Minister shall have responsibility for administering all lands and other property referred
to in subsection (1).
(3) In this section “the Minister” means the Minister charged with responsibility for Crown
lands.
Powers to constitute offices and make appointments, etc
42. Subject to Chapter 7 and any law for the time being in force in the Virgin Islands, theGovernor, in Her Majesty’s name and on Her Majesty’s behalf, may—(a) constitute offices for the Virgin Islands and make appointments to them, to be held during
Her Majesty’s pleasure; and(b) dismiss any person so appointed or take such disciplinary action in relation to him or her
as the Governor may think fit.
Powers of pardon, etc
43.—(1) The Governor may, in Her Majesty’s name and on Her Majesty’s behalf—(a) grant to any person concerned in or convicted of any offence against any law in force inthe Virgin Islands a pardon, either free or subject to lawful conditions;(b) grant to any person a respite, either indefinite or for a specified period, from the executionof any sentence passed on that person for such an offence;(c) substitute a less severe form of punishment for that imposed by any sentence for such an
offence; or(d) remit the whole or any part of any sentence passed for such an offence or any penalty or
forfeiture otherwise due to Her Majesty on account of such an offence.
(2) In the exercise of the powers conferred on the Governor by this section the Governor shallconsult with the Committee established by section 44, but the Governor shall decide whether toexercise any of those powers in any case in his or her own deliberate judgement, whether themembers of the Committee concur in his or her decision or otherwise.
Advisory Committee on the Prerogative of Mercy
44.—(1) There shall be in and for the Virgin Islands an Advisory Committee on the Prerogativeof Mercy (in this section and section 43 referred to as “the Committee”), which shall consist of the
Attorney General, the Director of Health Services and four members appointed by the Governor
after consultation with the Premier.
(2) The Committee shall not be summoned except by the authority of the Governor, acting in his
or her discretion; and the Governor shall preside at all meetings of the Committee.
(3) No business shall be transacted at any meeting of the Committee unless there are at least
three members present, of whom one shall be the Attorney General.

26

(4) The office as a member of the Committee of any member appointed by the Governor undersubsection (1) shall become vacant if the Governor, acting after consultation with the Premier,
revokes that appointment.
(5) Subject to subsection (3), the Committee shall not be disqualified for the transaction ofbusiness by reason of any vacancy in its membership, and the validity of the transaction of any
business by the Committee shall not be affected by reason only of the fact that some person who
was not entitled to do so took part in the proceedings.
(6) Subject to this section the Committee may regulate its own proceedings.
The public seal
45. The Governor shall keep and use the public seal for sealing all things that require to besealed.

CHAPTER 4
THE EXECUTIVE
Executive authority of the Virgin Islands
46.—(1) The executive authority of the Virgin Islands shall be vested in Her Majesty.
(2) Subject to this Constitution, the executive authority of the Virgin Islands may be exercisedon behalf of Her Majesty by the Governor, either directly or through officers subordinate to him or
her.
(3) Nothing in subsection (2) shall operate so as to prejudice any law for the time being in force
in the Virgin Islands whereby functions are, or may be, conferred on persons or authorities otherthan the Governor.
Cabinet47.—(1) There shall be a Cabinet in and for the Virgin Islands which shall consist of thePremier, four other Ministers and one ex officio member, namely the Attorney General.
(2) The number of Ministers referred to in subsection (1) may be increased by a law made inpursuance of section 63(2) which increases the number of elected members of the House of
Assembly; but in no circumstances may the number of Ministers exceed two-fifths of the total
number of elected members of the House.
(3) The Cabinet shall have responsibility for the formulation of policy, including directing theimplementation of such policy, insofar as it relates to every aspect of government, except thosematters for which the Governor has special responsibility under section 60, and the Cabinet shallbe collectively responsible to the House of Assembly for such policies and their implementation.
(4) Subject to this Constitution, the Cabinet shall determine its own rules of procedure for the
conduct of its business.
Meetings of the Cabinet
48. The Cabinet shall meet regularly at such times as its rules of procedure may prescribe, andshall also meet whenever the Premier, or the Governor, acting in his or her discretion, wherepracticable after consultation, so requests; and upon receipt of such request the Cabinet Secretaryshall summon the Cabinet.
Proceedings in the Cabinet
49.—(1) The Governor shall, so far as practicable, attend and preside at meetings of the Cabinet.
(2) In the absence of the Governor there shall preside at any meeting of the Cabinet the Premier,or in his or her absence, the Deputy Premier.

27

(3) Subject to section 63(4), no business shall be transacted at any meeting of the Cabinet if
there are less than three Ministers present, one of whom shall be the Premier or the Minister
performing the functions of the Premier under section 55.
(4) The Cabinet Secretary, the Governor and the Premier shall form a Cabinet Steering Groupfor the purpose of setting the agenda of the Cabinet; the Governor and the Premier shall each beentitled to inscribe items on the agenda and the Cabinet Secretary shall comply accordingly.
(5) In the absence of any member of the Cabinet Steering Group the person performing thefunctions of that member shall act in his or her place.
(6) The Attorney General shall not be entitled to vote in the Cabinet.
(7) Subject to subsection (3), the Cabinet shall not be disqualified for the transaction of businessby reason of any vacancy in its membership (including any vacancy not filled when the Cabinet isfirst constituted or is reconstituted at any time), and the validity of the transaction of business in
the Cabinet shall not be affected by reason only of the fact that some person who was not entitledto do so took part in the proceedings.
Summoning of persons to the Cabinet
50.—(1) Whenever any business before the Cabinet renders the presence of a public officer
desirable, the Premier may summon such public officer to a meeting of the Cabinet; and thePremier shall summon such an officer if the Governor, acting in his or her discretion, so requests.
(2) Where a matter before the Cabinet concerns or relates to a statutory body and the presence of
an officer of the statutory body is considered desirable, the Premier may summon that officer to ameeting of the Cabinet.
Cabinet Secretary
51.—(1) There shall be—(a) a Cabinet Office, which shall be an office in the Government of the Virgin Islands; and(b) a Cabinet Secretary, whose office shall be a public office, who shall be a person who is a
Virgin Islander as defined in section 65(2) and who shall be appointed in accordance withsection 92(5), (6) and (7).
(2) The Cabinet Secretary shall have charge of the Cabinet Office, attend meetings of the
Cabinet and be responsible for keeping the minutes of the meetings of the Cabinet and forconveying the conclusions reached at the meetings to the appropriate person or authority.
(3) The Cabinet Secretary shall—(a) provide such policy advice and technical support to the Cabinet as the Cabinet may
require;(b) transmit copies of all papers submitted for consideration by the Cabinet to its members;(c) inform all its members of the summoning of any meeting of the Cabinet and of thematters to be discussed at any such meeting;(d) furnish all its members, as soon as practicable after each meeting of the Cabinet, with acopy of the confirmed minutes of the previous meeting showing the matters discussed andthe conclusions reached at the meeting;(e) promote and facilitate adherence to the rules of procedure of the Cabinet;(f) monitor the implementation of Cabinet decisions and report periodically to the Cabinet inrespect thereof; and(g) perform such other functions as are incidental to the functions of the Cabinet Secretary.
(4) The functions conferred on the Cabinet Secretary by subsection (3)(b), (c) and (d) may be
exercised by the Cabinet Secretary in person or by officers subordinate to him or her acting under
and in accordance with his or her general or special instructions.

28

Appointment of Ministers52.—(1) The Premier shall be appointed by the Governor as follows—(a) if a political party gains a majority of the seats of elected members of the House of
Assembly the Governor shall appoint as Premier the elected member of the House
recommended by a majority of the elected members of the House who are members ofthat party;(b) if no political party gains such a majority or if no recommendation is made underparagraph (a), the Governor, acting in his or her discretion, shall appoint as Premier theelected member of the House of Assembly who, in his or her judgement, is best able tocommand the support of a majority of the elected members of the House.
(2) The other Ministers shall be appointed by the Governor in accordance with the advice of thePremier from among the elected members of the House of Assembly.
(3) The Governor, acting in accordance with the advice of the Premier, shall appoint one of the
Ministers as Deputy Premier.
(4) The appointment of a Deputy Premier under subsection (3) may be revoked by the Governor,
acting in accordance with the advice of the Premier, but such revocation shall not in itself affectthe Minister’s tenure of office as a Minister.
(5) If occasion arises for making an appointment of any Minister between a dissolution of theHouse of Assembly and the polling in the next following general election, a person who was anelected member of the House immediately before the dissolution may be appointed as if he or she
were still a member of the House.
(6) Appointments made under this section shall be made by instrument under the public seal.
Tenure of office of Ministers53.—(1) If a motion on the Order Paper that the House of Assembly should declare a lack ofconfidence in the Government of the Virgin Islands receives in the House the affirmative votes ofa majority of all the elected members of the House, the Governor shall, by instrument under the
public seal, revoke the appointment of the Premier; but before so revoking the Premier’s
appointment the Governor shall consult with the Premier and, if the Premier so requests, theGovernor, acting in his or her discretion, may dissolve the House of Assembly instead of revoking
the appointment.
(2) The Premier shall vacate his or her office if, after the polling in a general election and before
the House of Assembly first meets thereafter, the Governor, acting in accordance with section
52(1), informs the Premier that he or she is about to appoint another person as the Premier.
(3) Any Minister shall vacate his or her office if—(a) he or she ceases to be a member of the House of Assembly for any reason other than adissolution;(b) he or she is not an elected member of the House of Assembly when it first meets after ageneral election;(c) he or she is required under section 67(4) to cease to perform his or her functions as amember of the House of Assembly; or(d) he or she resigns it by writing under his or her hand addressed to the Premier or, in thecase of the Premier, he or she resigns it by writing under his or her hand addressed to theGovernor.
(4) A Minister other than the Premier shall also vacate his or her office if—(a) the Premier vacates his or her office; or(b) his or her appointment is revoked by the Governor, acting in accordance with the adviceof the Premier, by instrument under the public seal.

29

Absence of Ministers from the Virgin Islands
54. The Premier shall give written notice to the Governor before being absent from the Virgin
Islands, and any other Minister shall obtain the written permission of the Premier before being
absent from the Virgin Islands; but where in either case the Premier or Minister is to be absent
from the Virgin Islands for a period not exceeding forty-eight hours, prior verbal notification shallbe given to the Governor or the Premier, as the case may be.
Performance of functions of Premier in certain events
55.—(1) If the Premier is expected to be absent from the Virgin Islands for more than fortyeight hours, the Governor shall authorise the Deputy Premier to perform the functions of the officeof Premier; and the Governor shall revoke this authority on the return to the Virgin Islands of thePremier.
(2) If both the Premier and the Deputy Premier are expected to be absent from the Virgin Islands
for more than forty-eight hours, the Governor shall authorise another Minister designated by the
Premier to perform the functions of the office of Premier; and the Governor shall revoke thisauthority on the return to the Virgin Islands of either the Premier or the Deputy Premier.
(3) If the Cabinet advises the Governor that the Premier is unable to perform his or her functions
by reason of illness, the Governor shall authorise the Deputy Premier to perform the functions of
the office of Premier; and the Governor shall revoke this authority if the Cabinet advises him or
her that the Premier is again able to perform his or her functions.
(4) If the Cabinet advises the Governor that both the Premier and the Deputy Premier are unable
to perform their functions by reason of absence or illness, the Governor shall authorise another
Minister designated by the Premier (or, if the Premier makes no such designation, appointed by
the Governor on the advice of the Cabinet, and where the Cabinet fails to give such advice withintwenty-four hours of the Governor seeking such advice, selected by the Governor in his or her
discretion) to perform the functions of the office of Premier; and the Governor shall revoke thisauthority if the Cabinet advises him or her that the Premier or the Deputy Premier is again able toperform his or her functions.
(5) Any authority given or revoked by the Governor under this section shall be in writing.
Assignment of responsibilities to Ministers56.—(1) The Governor shall, acting in accordance with the advice of the Premier, by directionsin writing, assign to any Minister responsibility for the conduct (subject to this Constitution andany other law) of any business of the Government of the Virgin Islands, including responsibility
for the administration of any department of government.
(2) Without prejudice to section 60(2), (3) and (4), a Minister shall not be assigned
responsibility under this section for any of the matters mentioned in section 60(1).
(3) The Governor may not confer on any Minister Authority to exercise any function that isconferred or imposed by this Constitution or any other law on the Governor or any person or
authority other than a Minister; but nothing in this subsection affects the power of the Legislature
under section 71.
(4) For the avoidance of doubt, subject only to subsections (2) and (3), any matter may be
assigned to a Minister under subsection (1).
(5) Where a Minister has been assigned responsibility under this section for the administrationof any department of government, the Minister shall (subject to this Constitution and any otherlaw) exercise direction and control over that department, including directing the implementation of
government policy as it relates to that department, and, subject to such direction and control, thedepartment shall, unless otherwise agreed between the Governor and the Premier, be under thesupervision of a permanent secretary who shall be a public officer; but two or more departmentsof government may be placed under the supervision of one permanent secretary.
(6) A Minister assigned responsibility for any matter under this section shall exercise his or her
responsibility in accordance with the policies of the Government of the Virgin Islands as30

determined by the Cabinet and in accordance with the collective responsibility of the members of
the Cabinet for the policies and decisions of the Government.
(7) The Governor, acting in his or her discretion, may at any time request from a Minister any
official papers or seek any official information or advice available to that Minister with respect toa matter for which that Minister is responsible under this section, and shall inform the Premier ofany such request.
National Security Council
57.—(1) There shall be in and for the Virgin Islands a National Security Council which shallconsist of—(a) the Governor, as Chairman;(b) the Premier;(c) one other Minister appointed in writing by the Governor, acting in accordance with theadvice of the Premier;(d) the Attorney General, ex officio; and(e) the Commissioner of Police, ex officio.
(2) A Minister appointed under subsection (1)(c) shall vacate his or her seat on the National
Security Council if—(a) his or her office becomes vacant under section 53; or(b) the Governor so directs in writing, acting in accordance with the advice of the Premier.
(3) The National Security Council shall advise the Governor on matters relating to internal
security and the Governor shall be obliged to act in accordance with the advice of the Council,
unless he or she considers that giving effect to the advice would adversely affect Her Majesty’s
interest (whether in respect of the United Kingdom or the Virgin Islands); and where theGovernor has acted otherwise than in accordance with the advice of the Council, he or she shallreport to the Council at its next meeting.
(4) The Commissioner of Police shall—(a) provide regular briefings to the National Security Council on matters of internal security,
including the Police Force;(b) have responsibility for the day to day operation of the Police Force and shall report
regularly on such operation to the Governor; and(c) inform the Premier of any significant security developments in the Virgin Islands,
including the occurrence of any significant criminal activity.
(5) The National Security Council may invite any person or summon any public officer toattend and participate in, or provide briefings to, the Council on the areas of their work bearing on
internal security.
(6) The Governor, acting in his or her discretion, may summon a meeting of the National
Security Council whenever he or she considers it desirable to do so, and the Governor shallsummon such a meeting whenever the Premier so requests.
(7) Subject to this section, the National Security Council may regulate its own procedure.
(8) The Cabinet Secretary shall be the Secretary to the National Security Council.
Attorney General58.—(1) There shall be an Attorney General of the Virgin Islands, whose office shall be a public
office and who shall be appointed in accordance with section 95.
(2) The Attorney General shall be the principal legal adviser to the Government of the Virgin
Islands.

31

Director of Public Prosecutions
59.—(1) There shall be a Director of Public Prosecutions, whose office shall be a public office
and who shall be appointed in accordance with section 95.
(2) The Director of Public Prosecutions shall have power, in any case in which he or she
considers it desirable to do so—(a) to institute and undertake criminal proceedings against any person before any civil courtin respect of any offence against any law in force in the Virgin Islands;(b) to take over and continue any such criminal proceedings that have been instituted by anyother person or authority; and(c) to discontinue at any stage before judgment is delivered any such criminal proceedings
instituted or undertaken by himself or herself or any other person or authority.
(3) The powers of the Director of Public Prosecutions under subsection (2) may be exercised byhim or her in person or by officers subordinate to him or her acting under and in accordance withhis or her general or special instructions.
(4) The powers conferred on the Director of Public Prosecutions by subsection (2)(b) and (c)shall be vested in him or her to the exclusion of any other person or authority; but where any otherperson or authority has instituted criminal proceedings, nothing in this subsection shall prevent thewithdrawal of those proceedings by or at the instance of that person or authority at any stage
before the person against whom the proceedings have been instituted has been charged before thecourt.
(5) For the purposes of this section, any appeal from any determination in any criminal
proceedings before any court, or any case stated or question of law reserved for the purpose of any
such proceedings, to any other court or to Her Majesty in Council shall be deemed to be part ofthose proceedings.
(6) In the exercise of the powers conferred on him or her by this section and section 88(2) the
Director of Public Prosecutions shall not be subject to the direction or control of any other person
or authority.
Governor’s special responsibilities
60.—(1) The Governor shall be responsible for the conduct (subject to this Constitution and anyother law) of any business of the Government of the Virgin Islands, including the administrationof any department of government, with respect to the following matters—(a) external affairs, subject to subsection (4);(b) defence, including the armed forces;(c) internal security, including the Police Force, without prejudice to section 57;(d) the terms and conditions of service of persons holding or acting in public offices, without
prejudice to section 92; and(e) the administration of the courts;
and the Governor shall keep the Premier fully informed concerning the general conduct of thesematters, and the Premier may request information in respect of any particular matter.
(2) The Governor, acting after consultation with the Premier, may assign to any member of the
Cabinet responsibility for the conduct, on behalf of the Governor, of any business in the House of
Assembly with respect to any of the matters mentioned in subsection (1).
(3) The Governor, acting in his or her discretion, may, by directions in writing, delegate, withthe prior approval of a Secretary of State, to the Premier or any other Minister designated by theGovernor on the advice of the Premier such responsibility for matters of external affairs or internal
security as the Governor may think fit upon such terms and conditions as he or she may impose.
(4) Notwithstanding subsection (3), the Governor shall, by directions in writing, delegate to thePremier or to any other Minister designated by the Governor on the advice of the Premier, on the32terms and conditions set out in subsection (5), responsibility for the conduct of external affairs as
they relate to any matters that fall under the portfolios of Ministers, including—(a) the Caribbean Community, the Organisation of Eastern Caribbean States, the Associationof Caribbean States, the United Nations Economic Commission for Latin America andthe Caribbean, or any other Caribbean regional organisation or institution;(b) other Caribbean regional affairs relating specifically to issues that are of interest to oraffect the Virgin Islands;(c) the relationship between the Virgin Islands and the United States Virgin Islands inmatters of mutual interest;(d) tourism and tourism-related matters;(e) taxation and the regulation of finance and financial services; and(f) European Union matters directly affecting the interests of the Virgin Islands.
(5) The terms and conditions referred to in subsection (4) are the following—(a) separate authority shall be required from or on behalf of a Secretary of State for thecommencement of formal negotiation and the conclusion of any treaty or otherinternational agreement by the Government of the Virgin Islands, provided that generalauthority may be granted in specified matters to commence the formal negotiation of, andwhere it is deemed appropriate, to conclude any such treaty or international agreement;(b) no political declaration, understanding or arrangement in the field of foreign policy shallbe signed or supported in the name of the Government of the Virgin Islands without theprior approval of a Secretary of State;(c) a formal invitation to a member of government or Head of State of another country tovisit the Virgin Islands shall not be issued without prior consultation with the Governor;(d) the costs of any activities in pursuance of subsection (4) shall be borne by theGovernment of the Virgin Islands;(e) the Premier or other Minister shall keep the Governor fully informed of any activities inpursuance of subsection (4); and(f) the Premier or other Minister shall provide to the Governor on request all papers andinformation, including the text of any instrument under negotiation, available to thePremier or other Minister with respect to any activities in pursuance of subsection (4).
(6) Any matter that is delegated to the Premier or to any other Minister under subsection (4)shall be performed by the Premier or such other Minister in a manner that is in the best interests of
the Virgin Islands and not prejudicial to the interests of Her Majesty and, for this purpose, theGovernor and the Premier shall from time to time hold conference to ensure the proper safeguardof those interests.
(7) In the event of any disagreement regarding the exercise of any delegated authority undersubsection (4), the matter shall be referred to a Secretary of State whose decision on the mattershall be final and whose directions shall be complied with.
(8) Where the Governor, acting in his or her discretion, determines that the exercise of any
function conferred on any other person or authority (other than the House of Assembly) would
involve or affect any matter mentioned in subsection (1), the Governor may, acting after
consultation with the Premier, give directions as to the exercise of that function, and the person or
authority concerned shall exercise the function in accordance with those directions.
Oaths and affirmations
61. Every member of the Cabinet and the Cabinet Secretary, and every member of the National
Security Council (except the Governor), shall, before entering upon the duties of his or her office,make before the Governor an oath or affirmation of allegiance and an oath or affirmation for thedue execution of that office in the forms set out in Schedule 1.

33

CHAPTER 5
THE LEGISLATURE
Composition
Composition of Legislature
62. There shall be a Legislature of the Virgin Islands which shall consist of Her Majesty and a
House of Assembly.
House of Assembly
63.—(1) The House of Assembly shall consist of a Speaker elected as provided in section 69,
thirteen elected members, and one non-voting ex officio member, namely the Attorney General.
(2) A law made under section 71 may alter the number of elected members of the House of
Assembly, provided that the number of elected members shall be not less than thirteen; but nosuch law shall come into force—(a) unless, where the law provides for an alteration in the number of electoral districts
referred to in section 64(2)(b), a Bill providing for the altered number of electoral districts
and their boundaries to take account of the altered number of elected members has been
passed following a report by an electoral district boundaries commission; and(b) until the dissolution of the House of Assembly next following the enactment of such law.
(3) For its enactment a Bill for a law made in pursuance of subsection (2) shall require thesupport of two-thirds of the elected members of the House of Assembly.
(4) A law made in pursuance of subsection (2) shall provide for the quorum in the House of
Assembly and the Cabinet.
Elected members
64.—(1) The elected members of the House of Assembly shall be persons qualified for electionin accordance with this Constitution and, subject to this Constitution, shall be elected in themanner provided by or under any law for the time being in force in the Virgin Islands.
(2) Subject to section 63(2), for the purposes of elections the Virgin Islands—(a) shall be a single electoral district and shall return four members to the House of
Assembly; and(b) shall also be divided into nine electoral districts in such manner as may be provided by orunder any law for the time being in force in the Virgin Islands, and each such district
shall return one member to the House of Assembly.
Qualifications for elected membership
65.—(1) Subject to this section and section 66, a person shall be qualified to be elected as amember of the House of Assembly if, and shall not be qualified to be so elected unless, he or
she—(a) was so qualified immediately before the commencement of this Constitution; or(b) is a person who—(i) is a Virgin Islander of the age of twenty-one years or upwards; and(ii) is otherwise qualified as a voter under section 68.
(2) Subject to subsections (3) and (4), for the purposes of subsection (1)(b)(i) a “Virgin
Islander” is a person who belongs to the Virgin Islands by birth or descent who was—(a) born in the Virgin Islands of a father or mother who at the time of the birth was a British
overseas territories citizen (or a British Dependent Territories citizen) by virtue of birth in34

the Virgin Islands or by virtue of descent from a father or mother who was born in the
Virgin Islands;(b) born in the Virgin Islands of a father or mother who at the time of the birth belonged to
the Virgin Islands by birth or descent; or(c) born outside the Virgin Islands of a father or mother who at the time of the birth belonged
to the Virgin Islands by birth or descent.
(3) A person born outside the Virgin Islands who belongs to the Virgin Islands by descent shallnot be qualified to be elected as a member of the House of Assembly unless one of his or her
grandparents belonged to the Virgin Islands by birth.
(4) A person, whether born in or outside the Virgin Islands, who would otherwise be qualified tobe elected as an elected member of the House of Assembly by virtue of subsection (1)(b) shall not
be so qualified unless—(a) where that person has never been domiciled in the Virgin Islands, he or she has resided inthe Virgin Islands for at least five years immediately before the date of his or her
nomination for election; or(b) where that person was formerly domiciled in the Virgin Islands but has lived outside theVirgin Islands for a continuous period of at least ten years (excluding periods related to
medical or educational purposes), he or she has resided in the Virgin Islands for at least
three years immediately before the date of his or her nomination for election and isdomiciled in the Virgin Islands at that date.
Disqualifications for elected membership
66.—(1) No person shall be qualified to be elected as a member of the House of Assembly
who—(a) holds, or is acting in, any public office;(b) has been adjudged or otherwise declared bankrupt under any law in force in any country
and has not been discharged;(c) is a person certified to be insane or otherwise adjudged to be of unsound mind under any
law in force in any country;(d) at the date of election, is under sentence of death imposed on him or her by a court of law
in any country, or is serving or has at any time within the period of five years
immediately preceding that date been serving any part of a sentence of imprisonment (bywhatever name called) of at least twelve months imposed on him or her by such a court orsubstituted by competent authority for some other sentence imposed on him or her bysuch a court; or is under such a sentence of imprisonment the execution of which has
been suspended;(e) is disqualified for membership of the House of Assembly by or under any law in force inthe Virgin Islands relating to offences connected with elections; or(f) is a party to, or a partner in a firm or a director or manager of a company which is a party
to, any contract with the Government of the Virgin Islands for or on account of the public
service, and has not, within fourteen days before his or her nomination as a candidate forelection, published in the Gazette or in a newspaper circulating in the Virgin Islands a
notice setting out the nature of such contract and his or her interest, or the interest of such
firm or company, in it.
(2) For the purposes of subsection (1)(d)—(a) two or more sentences of imprisonment that are required to be served consecutively shallbe regarded as separate sentences if none of those sentences exceeds twelve months, but
if any one of such sentences exceeds that term they shall be regarded as one sentence; and(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or indefault of the payment of a fine.

35

Tenure of seats of members of House of Assembly
67.—(1) Every elected member of the House of Assembly shall vacate his or her seat in theHouse at the next dissolution of the House after his or her election.
(2) Notwithstanding that a member of the House of Assembly has vacated his or her seat by
virtue of subsection (1), every such member shall be entitled to continue receiving the benefits andprivileges of a member until the polling day for election for a new House of Assembly, provided
that such benefits and privileges shall cease if the member fails to win a seat at the generalelection.
(3) An elected member of the House of Assembly shall also vacate his or her seat in theHouse—(a) if he or she resigns it by writing under his or her hand addressed to the Speaker;(b) if he or she is absent from the sittings of the House for such period and in suchcircumstances as may be prescribed in the Standing Orders of the House;(c) if he or she ceases to be qualified for election;(d) subject to subsections (4), (5) and (6), if any circumstances arise that, if he or she were
not a member of the House, would cause him or her to be disqualified for election as suchby virtue of any provision of section 66(1) other than paragraph (f); or(e) subject to subsection (7), if he or she becomes a party to any contract with theGovernment of the Virgin Islands for or on account of the public service or if any firm inwhich he or she is a partner, or any company of which he or she is a director or manager,
becomes a party to any such contract, or if he or she becomes a partner in a firm, or adirector or manager of a company, which is a party to any such contract.
(4) If circumstances such as are referred to in subsection (3)(d) arise because a member isdeclared bankrupt, adjudged to be of unsound mind, under sentence of death or imprisonment orconvicted of an offence relating to elections and if it is open to the member to appeal against thedecision (either with the leave of the court or other authority or without such leave) he or she shallforthwith cease to perform his or her functions as a member but, subject to subsection (5), he or
she shall not vacate his or her seat in the House until the expiration of a period of thirty days
thereafter; but the Speaker may, at the request of the member, from time to time extend that
period for further periods of thirty days to enable the member to pursue an appeal against thedecision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty
days shall not be given without the approval, signified by resolution, of the House of Assembly.
(5) If, on the determination of any appeal, the circumstances referred to in subsection (4)continue to exist and no further appeal is open to the member or if, by reason of the expiration of
any period for entering an appeal or notice of appeal or the refusal of appeal or for any otherreason, it ceases to be open to the member to appeal, he or she shall forthwith vacate his or her
seat.
(6) If at any time before the member vacates his or her seat the circumstances referred to in
subsection (4) cease to exist, the seat of that member shall not become vacant on the expiration of
the period referred to in subsection (4) and he or she may resume the performance of his or her
functions as a member.
(7) If in the circumstances it appears just to the House of Assembly to do so, the House may
exempt any elected member from vacating his or her seat under subsection (3)(e) if such member,before becoming a party to such contract as there described, or before or as soon as practicable
after becoming otherwise interested in such contract (whether as a partner in a firm or director or
manager of a company), discloses to the House the nature of such contract and his or her interestor the interest of any such firm or company in it.
(8) Any request by an elected member for exemption under subsection (7) shall be made by wayof motion, which shall be placed on the Order Paper for a decision of the House of Assembly.
(9) In any case in which the House of Assembly, under subsection (7), decides not to exempt anelected member from vacating his or her seat, the member may appeal to the High Court against36

the decision, and subsections (4), (5) and (6) shall apply in the same manner as they do in thecircumstances there specified.
Qualifications of voters68.—(1) Subject to subsection (3), a person shall be qualified to be registered as a voter for the
purposes of elections if, and shall not be so qualified unless, he or she belongs to the Virgin
Islands and on the qualifying date has attained the age of eighteen years and he or she either—(a) is domiciled and resident in the Virgin Islands on the qualifying date; or(b) on that date is domiciled in the Virgin Islands and resident in the United States Virgin
Islands.
(2) Subject to subsection (3), any person who was qualified to be registered as a voter
immediately before the commencement of this Constitution shall continue to be so qualified
thereafter.
(3) No person shall be qualified to be registered as a voter under this section who on thequalifying date—(a) is a person certified to be insane or otherwise adjudged to be of unsound mind under any
law in force in the Virgin Islands;(b) is disqualified by or under any such law from being registered as a voter for the purposesof elections by reason of his or her having been convicted of an offence relating toelections; or(c) is under sentence of death imposed on him or her by a court or is serving a sentence ofimprisonment (by whatever name called) for a term exceeding twelve months imposed on
him or her by a court or substituted by competent authority for some other sentence
imposed on him or her by a court.
(4) In this section “the qualifying date” means such date as may be appointed by or under any
law in force in the Virgin Islands as the date with reference to which the qualifications of any
person for registration are to be ascertained.
(5) For the purposes of subsection (3)(c)—(a) two or more sentences of imprisonment that are required to be served consecutively shallbe regarded as separate sentences if none of those sentences exceeds twelve months, but
if any one of those sentences exceeds that term they shall be regarded as one sentence;and(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or indefault of the payment of a fine.
Speaker and Deputy Speaker
69.—(1) When the House of Assembly first meets after any general election and before it
proceeds to the despatch of any other business it shall elect a person to be the Speaker of theHouse.
(2) If the office of Speaker falls vacant for any reason other than a dissolution of the House of
Assembly, the House shall as soon as practicable elect another person to that office.
(3) The Speaker shall be elected from among the elected members of the House of Assembly orfrom persons qualified to be elected members of the House, other than Ministers, and no person
shall be elected as Speaker if he or she is a person disqualified for election as a member of theHouse by virtue of any provision of section 66(1) other than paragraph (f).
(4) When the House of Assembly first meets after any general election and before it proceeds tothe despatch of any other business except the election of the Speaker, it shall elect a member of theHouse who is not a member of the Cabinet to be Deputy Speaker of the House.

37(5) If the office of Deputy Speaker falls vacant for any reason other than a dissolution of theHouse of Assembly, the House shall as soon as convenient elect to that office another member ofthe House who is not a member of the Cabinet.
(6) A person shall vacate the office of Speaker or Deputy Speaker—(a) on dissolution of the House of Assembly;(b) if he or she announces the resignation of his or her office to the House of Assembly or if
by writing under his or her hand addressed to the House and received by the Clerk of theHouse he or she resigns that office;(c) if a motion on the Order Paper for his or her removal is carried by the votes of a majorityof all the elected members of the House; or(d) if he or she is appointed to be a member of the Cabinet.
(7) A person shall also vacate the office of Speaker—(a) if he or she ceases to be a person qualified for election as a member of the House of
Assembly;(b) if any circumstances arise that would cause him or her to be disqualified for election as anelected member of the House by virtue of any provision of section 66(1) other thanparagraph (f);(c) on the expiration of a period of thirty days from the date of his or her election if he or she
was at that date a party to, or a partner in a firm or a director or manager of a company
which is a party to, any contract with the Government of the Virgin Islands for or on
account of the public service and if, before the expiration of that period, he or she has notdisclosed to the House of Assembly the nature of such contract and his or her interest, or
the interest of such firm or company, in it and the House has not exempted him or her
from vacating his or her office under this paragraph; or(d) if any circumstances arise that, if he or she were an elected member of the House of
Assembly, would cause him or her to vacate his or her seat under section 67(3)(d).
(8) A person shall also vacate the office of Deputy Speaker if—(a) he or she ceases to be a member of the House of Assembly for any reason other than adissolution of the House; or(b) by virtue of section 67(4), he or she is required to cease to perform his or her functions asa member of the House.
Leader of the Opposition
70.—(1) Subject to this section, the Governor may appoint a Leader of the Opposition.
(2) The Governor shall appoint as the Leader of the Opposition—(a) a member of the House of Assembly recommended by a majority of the elected membersof the House who are members of any opposition party whose numerical strength in theHouse is greater than that of any other opposition party; or(b) if there is no such party or if no recommendation is made under paragraph (a), themember of the House of Assembly who in the judgement of the Governor is best able tocommand the support of the members of the House in opposition to the Government.
(3) If at any time between the polling in a general election and the next following dissolution of
the House of Assembly the Governor is satisfied that, if the office of the Leader of the Opposition
were then vacant, he or she would appoint to that office a person other than the person thenholding that office, the Governor shall revoke the appointment of the Leader of the Opposition.
(4) The office of the Leader of the Opposition shall also become vacant—(a) if for any reason other than a dissolution of the House of Assembly the holder of that
office ceases to be a member of the House; or(b) if the holder of that office is appointed as a Minister.

38

(5) In this section “opposition party” means a group of members of the House of Assembly in
opposition to the Government who are prepared to support one of their number as their leader.
(6) In the exercise of his or her functions under this section the Governor shall act in his or her
discretion.
Powers and Procedure
Power to make laws
71. Subject to this Constitution, the Legislature shall have power to make laws for the peace,order and good government of the Virgin Islands.
Standing Orders
72. Subject to this Constitution, the House of Assembly may make, amend and revoke Standing
Orders for the regulation and orderly conduct of its own proceedings and the despatch of business,and the passing, entitling and numbering of Bills and the presentation of Bills to the Governor forassent.
Oaths and affirmations
73. No member of the House of Assembly shall be permitted to take part in the proceedings ofthe House (other than proceedings necessary for the purposes of this section) until he or she has
made and subscribed before the House an oath or affirmation of allegiance and an oath oraffirmation for the due execution of office as such member in the forms set out in Schedule 1; but
the election of the Speaker and Deputy Speaker may take place before the members of the House
have made such oaths or affirmations.
Presiding in the House of Assembly
74.—(1) The Speaker or, in his or her absence, the Deputy Speaker or, if they are both absent, amember of the House of Assembly (not being a member of the Cabinet) elected by the House forthat sitting shall preside at each sitting of the House.
(2) References in this section to circumstances in which the Speaker or Deputy Speaker is absent
include references to circumstances in which the office of Speaker or Deputy Speaker is vacant.
Voting75.—(1) Subject to this section, section 53(1), section 63(3) and section 69(6)(c), all questions
proposed for decision in the House of Assembly shall be determined by a majority of the votes ofthe members present and voting.
(2) Only the elected members of the House of Assembly shall be entitled to vote—(a) in an election of the Speaker or Deputy Speaker;(b) on a motion on the Order Paper for the removal from office of the Speaker or Deputy
Speaker; or(c) on a motion on the Order Paper that the House of Assembly should declare a lack ofconfidence in the Government of the Virgin Islands.
(3) The person presiding shall not vote unless on any question the votes are equally divided inwhich case he or she shall have and exercise a casting vote; but where the motion before theHouse of Assembly is one to which subsection (2) applies the person presiding shall not have acasting vote unless he or she is an elected member.
(4) In the event of an equality of votes on any question in respect of subsection (2) the motion
shall be lost.

39

Validity of proceedings
76. The House of Assembly shall not be disqualified for the transaction of business by reason ofany vacancy in its membership (including any vacancy not filled when the House is first
constituted or is reconstituted at any time), and any proceedings in the House shall be valid
notwithstanding that some person who was not entitled to do so sat or voted in the House orotherwise took part in the proceedings.
Quorum77.—(1) Subject to section 63(4), a quorum of the House of Assembly shall consist of sevenmembers besides the person presiding at the sitting.
(2) If at any sitting of the House of Assembly any member who is present draws the attention of
the person presiding at the sitting to the absence of a quorum and, after such interval as may beprescribed in the Standing Orders of the House, the person presiding at the sitting ascertains that aquorum of the House is still not present, the House shall be adjourned.
Introduction of Bills, etc
78.—(1) Subject to this Constitution and the Standing Orders of the House of Assembly, any
member may introduce any Bill or propose any motion for debate in, or may present any petition
to, the House, and the same shall be debated and disposed of according to the Standing Orders ofthe House.
(2) Except on the recommendation of the Minister responsible for finance, the House of
Assembly shall not(a) proceed upon any Bill (including any amendment to a Bill) which, in the opinion of theperson presiding in the House, makes provision for imposing or increasing any tax, forimposing or increasing any charge on the revenues or other funds of the Virgin Islands orfor altering any such charge otherwise than by reducing it or for compounding or
remitting any debt due to the Virgin Islands; or(b) proceed upon any motion (including any amendment to a motion) the effect of which, inthe opinion of the person presiding in the House, is that provision would be made for anyof the purposes mentioned in paragraph (a).
Assent to Bills
79.—(1) A Bill passed by the House of Assembly shall become a law when—(a) the Governor has assented to it in Her Majesty’s name and on Her Majesty’s behalf andhas signed it in token of such assent; or(b) Her Majesty has given Her assent to it through a Secretary of State and the Governor has
signified such assent by proclamation published in the Gazette.
(2) When a Bill is presented to the Governor for assent the Governor shall declare that he or she
assents to it or that he or she reserves the Bill for the signification of Her Majesty’s pleasure; but
unless the Governor has been authorised by a Secretary of State to assent to it, the Governor shallreserve for the signification of Her Majesty’s pleasure any Bill which appears to him or her, acting
in his or her discretion—(a) to be inconsistent with any obligation of Her Majesty or of Her Majesty’s Government in
the United Kingdom towards any other state or power or any international organisation;(b) to be likely to prejudice the Royal prerogative; or(c) to be in any way repugnant to or inconsistent with this Constitution.

40

Disallowance of laws80.—(1) Any law assented to by the Governor may be disallowed by Her Majesty through a
Secretary of State; but no law shall be disallowed until the expiration of a period notified by a
Secretary of State to the Governor, who shall advise the Speaker of that period, in order to give theHouse of Assembly an opportunity to reconsider the law in question.
(2) Whenever any law has been disallowed by Her Majesty the Governor shall cause notice ofsuch disallowance to be published in the Gazette and the law shall be annulled with effect from thedate of publication of that notice.
(3) Section 16(1) of the Interpretation Act 1978(a) shall apply to the annulment of any law
under this section as it applies to the repeal of an Act of Parliament, save that any enactment
repealed or amended by or in pursuance of that law shall have effect as from the date of theannulment as if that law had not been made.
Governor’s reserved power81.—(1) If the Governor considers it urgently necessary, for the purpose of complying with any
international obligation applicable to the Virgin Islands, that any Bill introduced, or any motion towhich this section applies proposed, in the House of Assembly should have effect, then, if theHouse fails to pass the Bill or carry the motion within such time and in such form as the Governor
thinks fit, and notwithstanding any provisions of this Constitution or any other law or any
Standing Orders, the Governor may, subject to subsection (2), declare that such Bill or motion
shall have effect as if it had been passed or carried by the House, either in the form in which it was
introduced or proposed or with such amendments as the Governor thinks fit which have been
moved or proposed in the House or any committee of the House; and such Bill or motion shall bedeemed thereupon to have been so passed or carried, and the provisions of this Constitution and,in particular, the provisions relating to assent to Bills and disallowance of laws, shall have effectaccordingly.
(2) The Governor shall not make any declaration under this section except in accordance withthe following conditions—(a) the question whether the declaration should be made shall first be submitted in writing by
the Governor to the Cabinet and if, upon the question being submitted to it, the Cabinet
advises the Governor that the declaration should be made, the Governor shall make thedeclaration;(b) if, when the question whether the declaration should be made is submitted to it asaforesaid, the Cabinet does not, within such time as the Governor thinks reasonable andexpedient, advise the Governor that the declaration should be made, then the Governor
may submit the said question to a Secretary of State and may make the declaration if,
upon the question being submitted to him or her, the Secretary of State authorises theGovernor to make the declaration.
(3) If any member of the Cabinet so desires, he or she may, within thirty days of the date of the
making of a declaration under this section, submit to the Governor a statement in writing of his or
her comments on the making of such declaration, and the Governor shall forward such statement,
or a copy of it, as soon as practicable to a Secretary of State.
(4) This section applies to any motion—(a) relating to or for the purposes of a Bill;(b) proposing or amending a resolution which, if passed by the House of Assembly, would
have the force of law; or(c) proposing or amending a resolution upon which the coming into force or continuance inforce of any instrument subsidiary to a Bill depends.

(a) 1978 c. 30.

41

(5) For the purposes of this section, a Bill shall be validly introduced, and a motion shall bevalidly proposed, if it is introduced or proposed by any one member of the House of Assembly.
(6) The powers conferred on the Governor by subsections (1) and (2) shall be exercised by theGovernor in his or her discretion.
Privileges, immunities and powers of House of Assembly
82. The Legislature may by law determine and regulate the privileges, immunities and powers ofthe House of Assembly and of its members, but no such privileges, immunities or powers shallexceed those of the Commons House of Parliament of the United Kingdom or of its members.
Miscellaneous
Sessions of House of Assembly
83.—(1) Subject to this section, the sessions of the House of Assembly shall be held at suchtimes and places as the Governor, acting in accordance with the advice of the Premier, may
appoint by proclamation published in the Gazette.
(2) The first session of the House of Assembly shall commence within a period of two months
after the first general election held after the commencement of this Constitution, and thereafter
there shall be a session of the House from time to time so that a period of three months does notintervene between the last sitting in one session and the first sitting in the next session.
(3) When the House of Assembly is in session, the Speaker may call meetings of the House
from time to time and, if no meeting has been called sooner, shall call a meeting within twomonths of the previous meeting.
(4) In subsection (3), “meeting” means any sitting or sittings of the House of Assemblycommencing when the House first meets after being summoned at any time and terminating when
the House is adjourned sine die or at the conclusion of a session.
Prorogation and dissolution
84.—(1) The Governor, acting in accordance with the advice of the Premier, may at any time, byproclamation published in the Gazette, prorogue the House of Assembly; but the Governor shallprorogue the House at least once in each calendar year except in any year during which the Houseis dissolved.
(2) The Governor, acting after consultation with the Premier, may at any time, by proclamation
published in the Gazette, dissolve the House of Assembly.
(3) The Governor shall dissolve the House of Assembly at the expiration of four years from thedate when the House first meets after any general election unless it has been sooner dissolved.
Recalling dissolved House of Assembly in case of emergency
85. If, between a dissolution of the House of Assembly and the next ensuing general election, an
emergency arises of such a nature that, in the opinion of the Governor, it is necessary for theHouse to be recalled, the Governor may, acting after consultation with the Premier, summon theHouse that has been dissolved, and that House shall thereupon be deemed (except for the purposesof section 86) not to have been dissolved, but shall be deemed (except as aforesaid) to bedissolved on the date on which the next ensuing general election is held.
General elections
86. A general election shall be held at such time within two months, but not earlier than twentyone days, after every dissolution of the House of Assembly as the Governor shall appoint byproclamation published in the Gazette.

42Determination of questions as to membership
87.—(1) The High Court shall have jurisdiction to hear and determine an appeal under section
67(9) and any question whether—(a) any person has been validly elected as a member of the House of Assembly; or(b) any elected member of the House of Assembly has vacated his or her seat in the House oris required by virtue of section 67(4) to cease to perform his or her functions as amember.
(2) An application to the High Court for the determination of any question under subsection(1)(a) may be made by—(a) any person entitled to vote in the electoral district and at the election to which theapplication relates;(b) any person who was a candidate in that district at that election; or(c) the Attorney General.
(3) An application to the High Court for the determination of any question under subsection(1)(b) may be made by—(a) any person entitled to vote at an election in the electoral district for which the member
concerned was returned;(b) any elected member of the House of Assembly; or(c) the Attorney General.
(4) If an application is made under subsection (2) or (3) by a person other than the Attorney
General, the Attorney General may intervene and may then appear or be represented in theproceedings.
(5) The Legislature may make provision with respect to—(a) the circumstances and manner in which, and the imposition of conditions upon which,any application may be made to the High Court for the determination of any question
under this section; and(b) the powers, practice and procedure of the High Court in relation to any such application.
(6) An appeal shall lie as of right to the Court of Appeal from any final decision of the High
Court determining such a question as is referred to in subsection (1).
(7) No appeal shall lie from any decision of the Court of Appeal in exercise of the jurisdiction
conferred by subsection (6), and no appeal shall lie from any decision of the High Court inproceedings under this section other than a final decision determining such a question as isreferred to in subsection (1).
(8) In the exercise of the powers conferred on him or her by this section, the Attorney Generalshall not be subject to the direction or control of any other person or authority.
Penalty for unauthorised sitting or voting
88.—(1) Any person who sits or votes in the House of Assembly knowing or having reasonablegrounds for knowing that he or she is not entitled to do so shall be liable to a penalty notexceeding five hundred dollars for every day on which he or she so sits or votes, or such otherpenalty as may be prescribed by law.
(2) The said penalty shall be recoverable by action in the High Court at the suit of the Directorof Public Prosecutions.

43CHAPTER 6
THE JUDICATURE
Eastern Caribbean Supreme Court
89. The Supreme Court Order 1967(a) shall continue to apply to the Virgin Islands as it applied
immediately before the commencement of this Constitution, and accordingly the High Court andthe Court of Appeal of the Eastern Caribbean Supreme Court shall continue to have jurisdiction in
the Virgin Islands.
Subordinate courts and tribunals
90. There shall be such courts and tribunals in and for the Virgin Islands subordinate to theEastern Caribbean Supreme Court, and such courts and tribunals shall have such jurisdiction andpowers, as may be prescribed by any law for the time being in force in the Virgin Islands.

CHAPTER 7
THE PUBLIC SERVICE
Public Service - General
Public Service Commission
91.—(1) There shall be in and for the Virgin Islands a Public Service Commission which shallconsist of five members, of whom—(a) two shall be appointed by the Governor, acting in his or her discretion;(b) one shall be appointed by the Governor, acting in accordance with the advice of thePremier;(c) one shall be appointed by the Governor, acting in accordance with the advice of the
Leader of the Opposition; and(d) one shall be appointed by the Governor, acting after consultation with the Civil Service
Association;
but the Governor shall, as far as practicable, appoint as one member of the Commission a person
who is ordinarily resident in an island of the Virgin Islands other than Tortola.
(2) The Governor, acting after consultation with the Premier, shall appoint one of the fivemembers of the Public Service Commission to be Chairman of the Commission.
(3) No person shall be qualified to be appointed as a member of the Public Service Commission
if he or she is a member of, or a candidate for election to, the House of Assembly, or holds or isacting in any public office.
(4) The office of a member of the Public Service Commission shall become vacant—(a) at the expiration of five years from the date of his or her appointment or such earlier time
as may be specified in the instrument by which he or she was appointed;(b) if he or she resigns office by writing under his or her hand addressed to the Governor;(c) if he or she becomes a member of, or a candidate for election to, the House of Assemblyor is appointed to or to act in any public office; or(d) if the Governor, acting in his or her discretion, directs that he or she shall be removed
from office for inability to discharge the functions of that office (whether arising frominfirmity of body or mind or any other cause) or for misbehaviour.

(a) S.I. 1967/223, amended by S.I. 1983/1108, 2000/3060.

44

(5) If the office of a member of the Public Service Commission is vacant or a member is for any
reason unable to perform the functions of his or her office, the Governor, acting in the mannerprescribed by subsection (1) for the appointment of that member, may appoint a person who isqualified for appointment as a member of the Commission to act as a member of the Commission,and any person so appointed shall, subject to subsection (4), continue so to act until he or she isnotified by the Governor, acting in his or her discretion, that the circumstances giving rise to theappointment have ceased to exist; but in the case of a vacancy in the office of the Chairman or theinability of the holder of that office to perform his or her functions, the functions of the office ofChairman shall be performed by such member of the Commission or person acting as a member as
the Governor, acting after consultation with the Premier, may designate.
(6) No business shall be transacted at any meeting of the Public Service Commission if there areless than four members of the Commission present.
(7) Any question proposed for decision at any meeting of the Public Service Commission shallbe determined by a majority of the votes of the members present and voting; and if on any
question the votes are equally divided the Chairman shall have and exercise a casting vote.
(8) The Public Service Commission shall be served by a secretariat, the members of which shallbe public officers.
(9) Subject to this Constitution, in the exercise of its functions the Public Service Commission
shall not be subject to the direction or control of any other person or authority.
Power to appoint, etc, to public office92.—(1) Subject to this section and to the other provisions of this Constitution, power to makeappointments to public offices and to remove and to exercise disciplinary control over persons
holding or acting in such offices shall vest in the Governor, acting in accordance with the adviceof the Public Service Commission; but the Governor, acting in his or her discretion, may act
otherwise than in accordance with that advice if he or she determines that compliance with that
advice would prejudice Her Majesty’s service.
(2) Before exercising the powers vested in the Governor by subsection (1), the Governor may,acting in his or her discretion, once refer the advice of the Public Service Commission back to theCommission for reconsideration by it.
(3) If the Public Service Commission, having reconsidered its original advice under subsection(2), substitutes for it different advice, subsection (2) shall apply to that different advice as it
applies to the original advice.
(4) Before appointing any person to the office of head of department or any more senior office
the Governor shall in addition consult with the Premier.
(5) Power to make appointments to the office of Cabinet Secretary is vested in the Governor,
acting in accordance with the advice of the Premier; but the Governor, acting in his or her
discretion, may decline to act in accordance with that advice if he or she determines thatcompliance with that advice would prejudice Her Majesty’s service.
(6) Where the Governor declines to act in accordance with the advice of the Premier undersubsection (5), he or she shall refer the matter to the Premier requesting advice on theappointment, pursuant to subsection (7), of another person to the office of Cabinet Secretary and
the Governor shall act in accordance with that advice.
(7) Whenever occasion arises for making an appointment under subsection (5) the PublicService Commission shall submit to the Premier a list of persons who appear to the Commission
to be qualified and competent for the appointment and the Premier shall advise the Governor toappoint a person whose name appears on the list, provided that the Premier may request once anadditional list of persons from the Public Service Commission from which to advise an
appointment.
(8) The Governor, acting after consultation with the Public Service Commission, may, byregulations published in the Gazette, delegate to any member of the Commission or any public
officer or class of public officer, to such extent and subject to such conditions as may beprescribed in the regulations, any of the powers vested in the Governor to make appointments to45

public offices and to remove or exercise disciplinary control over persons holding or acting insuch offices; and except in so far as regulations made under this subsection otherwise provide,
any power delegated by such regulations may be exercised by any person to whom it is delegatedwithout reference to the Public Service Commission.
(9) The Premier may from time to time request a report from the Public Service Commission
about the functioning of the public service.
(10) This section does not apply to—(a) any office to which section 95 applies; or(b) any office in the Police Force.
Teaching Service Commission
93.—(1) There shall be in and for the Virgin Islands a Teaching Service Commission whichshall consist of three members, of whom—(a) one shall be appointed by the Governor, acting in his or her discretion;(b) one shall be appointed by the Governor, acting in accordance with the advice of the
Cabinet; and(c) one shall be appointed by the Governor, acting after consultation with the British Virgin
Islands Teachers Union.
(2) The provisions of section 91(2) to (9) shall apply in relation to the Teaching Service
Commission as they apply in relation to the Public Service Commission and for that purpose shallhave effect as if the references therein to the latter were references to the former; but for that
purpose the reference in section 91(6) to “four members” shall have effect as if it were a reference
to “two members”.
(3) The provisions of section 92(1), (2), (3) and (8) shall, in their application to any office ofteacher in the Government Teaching Service, have effect in relation to any such office as if thereferences therein to the Public Service Commission were references to the Teaching Service
Commission.
Judicial and Legal Services Commission
94.—(1) There shall be in and for the Virgin Islands a Judicial and Legal Services Commission
which shall consist of—(a) the Chief Justice, who shall be Chairman;(b) one judge of the Court of Appeal or the High Court nominated by the Chief Justice after
consultation with the Governor and the Virgin Islands General Legal Council;(c) the Chairman of the Public Service Commission; and(d) two other members appointed by the Governor, acting in accordance with the advice of
the Premier and the Leader of the Opposition who will each nominate one member, atleast one of whom shall be a legal practitioner.
(2) For the purpose of subsection (1)(d), the Premier and the Leader of the Opposition shallalternate in nominating a legal practitioner, with the Premier making the first such nomination
upon the commencement of this Constitution, provided that such nomination shall not be
construed as precluding the nomination of two legal practitioners under subsection (1)(d).
(3) No person shall be qualified to be appointed under subsection (1)(d) if he or she is a memberof, or a candidate for election to, the House of Assembly or holds or is acting in any public office.
(4) The office of a member of the Judicial and Legal Services Commission appointed undersubsection (1)(d) shall become vacant—(a) at the expiration of five years from the date of his or her appointment or such earlier time
as may be specified in the instrument by which he or she was appointed;(b) if he or she resigns office by writing under his or her hand addressed to the Governor;

46

(c) if he or she becomes a member of, or a candidate for election to, the House of Assembly,
or is appointed to or to act in any public office; or(d) if the Governor, acting in his or her discretion, directs that he or she shall be removed
from office for inability to discharge the functions of that office (whether arising frominfirmity of body or mind or any other cause) or for misbehaviour.
(5) If the office of a member of the Judicial and Legal Services Commission appointed undersubsection (1)(d) becomes vacant or if such a member is for any reason unable to perform thefunctions of that office, the Governor, acting in accordance with the advice of the Premier or the
Leader of the Opposition, as the case may be, may appoint another suitably qualified person tothat office for the unexpired term of the previous holder of the office or until the holder of theoffice is able to resume his or her functions.
(6) Any decision of the Judicial and Legal Services Commission shall require the concurrence of
not less than three members of the Commission, and the Commission shall take its decisions insuch form and manner as it may determine.
(7) In the exercise of its functions, the Judicial and Legal Services Commission—(a) shall not be subject to the direction or control of any other person or authority; and(b) may regulate its own procedure.
Power to appoint, etc, to legal offices
95.—(1) Power to make appointments to the offices to which this section applies, and to remove
and to exercise disciplinary control over persons holding or acting in such offices, shall vest in the
Governor, acting in accordance with the advice of the Judicial and Legal Services Commission;
but the Governor, acting in his or her discretion, may act otherwise than in accordance with that
advice if he or she determines that compliance with that advice would prejudice Her Majesty’s
service.
(2) Before exercising the powers vested in the Governor by subsection (1), the Governor may,acting in his or her discretion, once refer the advice of the Judicial and Legal Services
Commission back to the Commission for reconsideration by it.
(3) If the Judicial and Legal Services Commission, having reconsidered its original advice undersubsection (2), substitutes for it different advice, subsection (2) shall apply to that different advice
as it applies to the original advice.
(4) This section applies to the offices of—(a) Attorney General;(b) Director of Public Prosecutions;(c) Magistrate;(d) any office in the public service of the Attorney General’s Chambers or of any Registrar orother officer of the High Court who is required to possess legal qualifications;and to such other offices in the public service, for appointment to which persons are required topossess legal qualifications, as may be prescribed by any law or Government policy for the time
being in force in the Virgin Islands.
(5) No person shall be appointed to the office of Attorney General unless he or she is qualified
to be admitted in the Virgin Islands as a legal practitioner and has had at least ten years’ practicalexperience as a legal practitioner.
(6) No person shall be appointed to the office of Attorney General unless he or she belongs to
the Virgin Islands unless, in the opinion of the Judicial and Legal Services Commission, there isno such person who is suitably qualified and able and willing to be so appointed.
(7) No person shall be appointed to the office of Director of Public Prosecutions unless he or she
is qualified to be admitted in the Virgin Islands as a legal practitioner and has had at least sevenyears’ practical experience as a legal practitioner.

47

(8) A person qualified under subsection (7) shall be appointed to act in the office of Director of
Public Prosecutions whenever the office falls vacant and until a person is appointed substantively
to that office, or whenever the holder of that office is for any reason unable to perform his or her
functions (including by reason of suspension under subsection (10)).
(9) A person holding the office of Attorney General, Director of Public Prosecutions orMagistrate may only be removed from office for inability to discharge the functions of his or her
office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.
(10) Where the issue of the removal of the Director of Public Prosecutions from office has beenreferred to the Judicial and Legal Services Commission, the Governor shall suspend the Directorof Public Prosecutions from performing the functions of his or her office pending the outcome of
the referral.
Police Service Commission
96.—(1) There shall be in and for the Virgin Islands a Police Service Commission which shallconsist of five members, of whom—(a) two shall be appointed by the Governor, acting in his or her discretion;(b) one shall be appointed by the Governor, acting in accordance with the advice of thePremier;(c) one shall be appointed by the Governor, acting in accordance with the advice of the
Leader of the Opposition; and(d) one shall be appointed by the Governor, acting after consultation with the Police Welfare
Association.
(2) The provisions of section 91(2) to (9) shall apply in relation to the Police Service
Commission as they apply in relation to the Public Service Commission and for that purpose shallhave effect as if the references therein to the latter were references to the former.
Power to appoint, etc, to offices in the Police Force
97.—(1) Power to make appointments to offices in the Police Force and to remove and to
exercise disciplinary control over persons holding or acting in such offices shall vest in the
Governor, acting in accordance with the advice of the Police Service Commission; but theGovernor, acting in his or her discretion, may act otherwise than in accordance with that advice if
he or she determines that compliance with that advice would prejudice Her Majesty’s service.
(2) Where the Police Service Commission advises that any person should be appointed to an
office in the Police Force of a rank superior to Chief Inspector, that advice shall require theapproval of the National Security Council before being submitted to the Governor; but theGovernor, acting in his or her discretion, may act without the approval of the National Security
Council if he or she determines that to do otherwise would prejudice Her Majesty’s service.
(3) Before exercising the powers vested in the Governor by subsection (1), the Governor may,acting in his or her discretion, once refer the advice of the Police Service Commission back to theCommission for reconsideration by it.
(4) If the Police Service Commission, having reconsidered its original advice under subsection(3), substitutes for it different advice, subsection (3) shall apply to that different advice as it
applies to the original advice.
(5) The Governor, acting after consultation with the Police Service Commission, may, byregulations published in the Gazette, delegate to any member of the Commission or any public
officer or class of public officer, to such extent and subject to such conditions as may beprescribed in the regulations, any of the powers vested in the Governor to make appointments tooffices in the Police Force and to remove or exercise disciplinary control over persons holding or
acting in such offices; and except in so far as regulations made under this subsection otherwise
provide, any power delegated by such regulations may be exercised by any person to whom it isdelegated without reference to the Police Service Commission.

48

Legislation regarding Commissions
98.—(1) The Legislature may by law make provision for—(a) the organisation of the work of a Commission and the manner in which it performs its
functions;(b) consultation by a Commission with persons or authorities other than its members;(c) the protection and privileges of members of a Commission in respect of the performanceof their functions and the privilege of communications to and from a Commission and its
members in the case of legal proceedings;(d) the definition and trial of offences in relation to the functions of a Commission and theimposition of penalties for such offences; and(e) conferring on a Commission other related functions, without prejudice to the functions
conferred on such Commission by this Constitution.
(2) In this section “Commission” means the Public Service Commission, the Teaching Service
Commission, the Judicial and Legal Services Commission or the Police Service Commission.
Pensions
Applicability of pension law
99.—(1) Subject to section 101, the law applicable to the grant and payment to any officer, or tohis or her widow or widower, children, dependants or personal representatives, of any pension,
gratuity or other like allowance (in this section and sections 100 and 101 referred to as an“award”) in respect of the service of that officer in the public service shall be that in force on therelevant day or any later law not less favourable to the person concerned.
(2) For the purposes of this section the relevant day is—(a) in relation to an award granted before the appointed day, the day on which the award was
granted;(b) in relation to an award granted or to be granted on or after the appointed day to or in
respect of a person who was a public officer before that day, the day immediately before
that day;(c) in relation to an award granted or to be granted to or in respect of a person who first
becomes a public officer on or after the appointed day, the day on which he or she
becomes a public officer.
(3) For the purposes of this section, in so far as the law applicable to an award depends on theoption of the person to or in respect of whom it is granted or to be granted, the law for which he or
she opts shall be taken to be more favourable to him or her than any other law for which he or she
might have opted.
(4) In this section “the appointed day” means the date of commencement of this Constitution.
Pensions, etc, charged on Consolidated Fund or Pension Fund
100. Awards granted under any law for the time being in force in the Virgin Islands shall becharged on and paid out of the Consolidated Fund or the Pension Fund of the Virgin Islands.
Grant and withholding of pensions, etc
101.—(1) The power to grant any award under any pensions law in force in the Virgin Islands(other than an award to which, under that law, the person to whom it is payable is entitled as ofright) and, in accordance with any provisions in that respect contained in any such law, towithhold, reduce in amount or suspend any award payable under any such law is hereby vested in
the Governor, acting in his or her discretion.

49

(2) In this section “pensions law” means any law relating to the grant to any person, or to thewidow or widower, children, dependants or personal representatives of that person, of an award inrespect of the services of that person in a public office, and includes any instrument made under
any such law.

CHAPTER 8
FINANCE
Consolidated Fund
102. All revenues or other moneys raised or received by or for the purposes of the Governmentof the Virgin Islands (not being revenues or other moneys that are payable by or under any law
into some other fund established for any specific purpose or that may, by or under any law, beretained by the authority that received them for the purpose of defraying the expenses of that
authority) shall be paid into and form a Consolidated Fund.
Withdrawal of money from Consolidated Fund or other public funds
103.—(1) No money shall be withdrawn from the Consolidated Fund except on the authority ofa warrant under the hand of the Minister charged with responsibility for finance (in this Chapter
referred to as “the Minister”); but where, in the opinion of the Governor, acting in his or her
discretion, moneys are required to enable the Governor to discharge his or her responsibilities
under section 60, such moneys may be withdrawn from the Consolidated Fund either—(a) on the authority of a warrant under the hand of the Minister; or(b) on the authority of a warrant under the hand of the Governor, acting in his or her
discretion.
(2) No warrant shall be issued by the Minister for the purpose of meeting any expenditureunless—(a) the expenditure has been authorised for the financial year during which the withdrawal is
to take place—(i) by an Appropriation Act; or(ii) by a supplementary estimate approved by resolution of the House of Assembly;(b) the expenditure has been authorised in accordance with section 105; or(c) it is expenditure (in this Chapter referred to as “statutory expenditure”) that is charged on
the Consolidated Fund by this Constitution or any other law.
(3) No moneys shall be withdrawn from any public fund other than the Consolidated Fundunless the issue of those moneys had been authorised by or under any law.
Authorisation of expenditure104.—(1) The Minister shall cause to be prepared and laid before the House of Assembly assoon as practicable before the beginning of each financial year estimates of the revenues andexpenditure of the Virgin Islands for that year; but if the House is dissolved less than threemonths before the beginning of any financial year, the estimates for that year may be laid before
the House as soon as practicable after the beginning of that year.
(2) The heads of expenditure contained in the estimates (other than statutory expenditure) shallbe included in a Bill to be known as an Appropriation Bill which shall be introduced into theHouse of Assembly to provide for the issue from the Consolidated Fund of the sums necessary tomeet that expenditure and for the appropriation of those sums to the purposes specified in it.
(3) If in respect of any financial year it is found—50(a) that the amount appropriated by the Appropriation Act to any purpose is insufficient orthat a need has arisen for expenditure for a purpose to which no amount has been
appropriated by that Act; or(b) that any moneys have been expended for any purpose in excess of the amountappropriated to that purpose by the Appropriation Act or for a purpose to which noamount has been appropriated by that Act,a supplementary estimate, showing the sums required or spent, shall be laid before the House of
Assembly.
(4) Where in respect of any financial year any supplementary estimates have been laid before
the House of Assembly in accordance with subsection (3) and approved by resolution of theHouse, a Supplementary Appropriation Bill shall, as soon as practicable after the end of that year,
be introduced into the House to provide for the appropriation to the purposes in question of thesums included in such estimates that have been expended for that year.
(5) Where in respect of any financial year moneys have been withdrawn from the Consolidated
Fund on the authority of a warrant issued by the Governor by virtue of section 103(1)(b), theMinister shall, if the circumstances of the case so require, cause a statement of expenditure in
respect of such moneys to be prepared and laid before the House of Assembly.
Authorisation of expenditure in advance of appropriation
105. If the Appropriation Act in respect of any financial year has not come into force by the
beginning of that financial year, the House of Assembly may by resolution empower the Ministerto authorise the withdrawal of moneys from the Consolidated Fund for the purpose of meeting
expenditure necessary to carry on the services of the Government of the Virgin Islands until the
expiration of four months from the beginning of that financial year or the coming into force of theAppropriation Act, whichever is the earlier.
Contingencies Fund106.—(1) The Legislature may by law make provision for the establishment of a Contingencies
Fund and for authorising the Minister to make advances from that fund if he or she is satisfied that
there is an urgent and unforeseen need for expenditure for which no other provision exists.
(2) When any advance is made from the Contingencies Fund a supplementary estimate shall, as
soon as practicable, be laid before the House of Assembly for the purpose of authorising the
replacement of the amount so advanced.
Public debt
107.—(1) All debt charges for which the Virgin Islands are liable shall be a charge on theConsolidated Fund or the Debt Service Fund.
(2) For the purposes of this section, debt charges include interest, sinking fund charges, therepayment or amortisation of debt, and all expenditure in connection with the raising of loans on
the security of the revenues of the Virgin Islands or the Consolidated Fund and the service andredemption of debt thereby created.
Remuneration of certain officers
108.—(1) There shall be paid to the holders of the offices to which this section applies such
salary or other remuneration and such allowances as may be prescribed by or under any law
enacted by the Legislature.
(2) The remuneration and allowances payable to the holders of those offices shall be a charge on
the Consolidated Fund.
(3) The remuneration prescribed in pursuance of this section in respect of the holder of any suchoffice and his or her other terms of service (other than allowances that are not taken into account51

in computing, under any law in that respect, any pension payable in respect of his or her service inthat office) shall not without the consent of that person be altered to his or her disadvantage after
his or her appointment.
(4) Where a person’s remuneration or other terms of service depend upon his or her option, theremuneration or terms for which he or she opts shall, for the purpose of subsection (3), be deemed
to be more advantageous to that person than any others for which he or she might have opted.
(5) This section applies to the offices of Deputy Governor, Chairman or other member of the
Public Service Commission, the Teaching Service Commission, the Judicial and Legal Services
Commission and the Police Service Commission, Attorney General, Director of Public
Prosecutions, Magistrate, Auditor General, Complaints Commissioner and Registrar of Interests.
The Auditor General109.—(1) There shall be an Auditor General whose office shall be a public office.
(2) The accounts of the House of Assembly and all Government departments and offices(including the Public Service Commission, the Teaching Service Commission, the Police Service
Commission and such other body as may be designated by law) shall be audited and reported on
annually by the Auditor General, and for that purpose the Auditor General or any person
authorised by him or her shall have access to all books, records, returns and other documents
relating to such accounts.
(3) The Auditor General shall submit his or her reports made under subsection (2) to the
Minister who shall, within three months of the receipt of the reports, cause them to be laid before
the House of Assembly.
(4) In the exercise of his or her functions under this section, the Auditor General shall not be
subject to the direction or control of any other person or authority.

CHAPTER 9
THE COMPLAINTS COMMISSIONER AND REGISTER OF INTERESTSThe Complaints Commissioner
110.—(1) There shall be a Complaints Commissioner for the Virgin Islands.
(2) The Complaints Commissioner shall be appointed by the Governor, acting after consultation
with the Premier and the Leader of the Opposition, by instrument under the public seal.
(3) No person shall be qualified to be appointed as Complaints Commissioner if he or she is or
has been within the preceding three years—(a) an elected member of the House of Assembly; or(b) the holder of any office in any political party.
(4) The office of the Complaints Commissioner shall become vacant—(a) at the expiration of the period specified in the instrument by which he or she wasappointed;(b) if he or she resigns office by writing under his or her hand addressed to the Governor;(c) if he or she becomes an elected member of the House of Assembly or the holder of any
office in any political party; or(d) if the Governor, acting in his or her discretion, directs that he or she shall be removed
from office for inability to discharge the functions of the office (whether arising frominfirmity of body or mind or any other cause) or for misbehaviour, or for contraventionof subsection (5).
(5) Subject to such exceptions as the Governor, acting in his or her discretion, may authorise bydirections in writing, the Complaints Commissioner shall not hold any other office of emolument52

either in the public service or otherwise nor engage in any occupation for reward other than theduties of his or her office.
Functions of Complaints Commissioner
111.—(1) The Complaints Commissioner shall have such functions and jurisdiction as may beprescribed by law.
(2) In the exercise of his or her functions, the Complaints Commissioner shall not be subject tothe direction or control of any other person or authority.
Registration of interests
112.—(1) There shall be for the Virgin Islands a Register of Interests, which shall be maintainedby a Registrar who shall be appointed, and may be removed from office, by the Governor acting in
his or her discretion.
(2) It shall be the duty of any person to whom this section applies to declare to the Registrar, forentry in the Register of Interests, such interests, assets, income and liabilities of that person, or of
any other person connected with him or her, as may be prescribed by law.
(3) A person shall make a declaration under subsection (2) upon assuming the functions of his or
her office and at such intervals thereafter (being no longer than twelve months) as may beprescribed by law.
(4) This section applies to all members of the House of Assembly (including Ministers) and theholders of such other offices (except that of Governor) as may be prescribed by law.
(5) A law made under this Constitution shall make provision for giving effect to this section,
including the sanctions which may be imposed for a failure to comply with, or the making of false
statements in purported compliance with, subsections (2) and (3) and, notwithstanding anything
contained in Chapter 5, the sanctions which may be imposed may include the suspension of amember of the House of Assembly from sitting and voting in the House for such period as may beprescribed in such a law.

CHAPTER 10
TRANSITIONAL AND MISCELLANEOUS
Meaning of the appointed day
113. In this Chapter, “the appointed day” means the day referred to in section 1(2) of this Order,that is to say the date of commencement of this Constitution.
Revocations
114. The instruments specified in Schedule 2 are revoked with effect from the appointed day.
Existing laws
115.—(1) Subject to this section, the existing laws shall have effect on and after the appointed
day as if they had been made in pursuance of or in consistency with this Constitution and shall be
construed with such adaptations and modifications as may be necessary to bring them into
conformity with this Constitution.
(2) The Legislature may by law make such amendments to any existing law as appear to it to benecessary or expedient for bringing that law into conformity with this Constitution or otherwise
for giving effect to this Constitution; and any existing law shall have effect accordingly from suchday, not being earlier than the appointed day, as may be specified in the law made by theLegislature.

53

(3) In this section “existing laws” means laws and instruments (other than Acts of the Parliamentof the United Kingdom and instruments made under them) having effect as part of the law of theVirgin Islands immediately before the appointed day.
Existing offices and officers
116.—(1) Any office established by or under the Virgin Islands (Constitution) Order 1976(a)and existing immediately before the appointed day shall on and after that day, so far as consistent
with this Constitution, continue as if it had been established by or under this Constitution.
(2) Any person who immediately before the appointed day holds or is acting in any officecontinued by virtue of subsection (1) shall, on and after that day, continue to hold or act in that
office as if he or she had been appointed to hold or act in it in accordance with or under thisConstitution.
(3) Any person to whom subsection (2) applies who, before the appointed day, has made anyoath or affirmation required to be made before assuming the functions of his or her office shall bedeemed to have made any like oath or affirmation so required by this Constitution or any otherlaw.
(4) The person who, immediately before the appointed day, holds the office of Chief Ministershall, on and after that day, perform the functions of the office of Premier in accordance with thisConstitution; and (in accordance with section 1(3) (a) until the day after the polling in the first
general election after the appointed day that office shall continue to be called Chief Minister.
Standing Orders
117. The Standing Orders of the Legislative Council established by the Virgin Islands(Constitution) Order 1976 as those Standing Orders are in force immediately before the appointed
day shall, except as may be provided under section 72, have effect on and after that day as if they
had been made under that section as Standing Orders of the House of Assembly established by thisConstitution, but they shall be construed with such adaptations and modifications as may benecessary to bring them into conformity with this Constitution.
Elections118. A general election shall be held at such time within three months, but not earlier thantwenty-one days, of the appointed day as the Governor shall appoint by proclamation published in
the Gazette.
Power reserved to Her Majesty
119. There is reserved to Her Majesty full power to make laws for the peace, order and good
government of the Virgin Islands.
Meriel McCullagh
Deputy Clerk of the Privy Council(a) S.I. 1976/2145, amended by S.I. 1979/1603, 1982/151, 1991/2871, 1994/1638, 2000/1343.

54

SCHEDULE 1

Sections 35(4), 37(2), 61 and 73

FORMS OF OATHS AND AFFIRMATIONS
1. Oath of allegianceI, ……………………., do swear that I will be faithful and bear true allegiance to Her Majesty
Queen Elizabeth the Second, Her Heirs and Successors, according to law. So help me God.
2. Affirmation of AllegianceI, ……………………., do solemnly and sincerely affirm and declare that I will be faithful andbear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors,
according to law.
3. Oath for due execution of office
I, ……………………, do swear that I will well and truly serve Her Majesty Queen Elizabeth theSecond and the people of the Virgin Islands in the office of [here insert the description of theoffice]. So help me God.
4. Affirmation for due execution of office
I, ……………………, do solemnly and sincerely affirm and declare that I will well and truly
serve Her Majesty Queen Elizabeth the Second and the people of the Virgin Islands in the officeof [here insert the description of the office].

SCHEDULE 2
REVOCATIONSThe Virgin Islands (Emergency Powers) Order 1967 (S.I. 1967/472)
The Virgin Islands (Constitution) Order 1976 (S.I. 1976/2145)
The Virgin Islands (Constitution) (Amendment) Order 1979 (S.I. 1979/1603)
The Virgin Islands (Constitution) (Amendment) Order 1982 (S.I. 1982/151)
The Virgin Islands (Constitution) (Amendment) Order 1991 (S.I. 1991/2871)
The Virgin Islands (Constitution) (Amendment) Order 1994 (S.I. 1994/1638)
The Virgin Islands (Constitution) (Amendment) Order 2000 (S.I. 2000/1343)

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Section 114

EXPLANATORY NOTE(This note is not part of the Order)This Order establishes a new Constitution for the Virgin Islands, to replace the Constitution of
1976. The new Constitution includes, for the first time, a chapter setting out the fundamental
rights and freedoms of the individual and provisions for their enforcement. It provides for a
Governor as Her Majesty’s representatives in the Islands, and for a Premier and Ministers whoform a Cabinet together with the Attorney General. It provides for an elected House of Assembly,
which together with Her Majesty forms the Legislature. The Eastern Caribbean Supreme Court
continues to have jurisdiction in the Islands. Provision is made for a Public Service Commission,a Teaching Service Commission, a Judicial and Legal Services Commission, and a Police Service
Commission to provide advice on appointments to offices in these services. A new National
Security Council is established, as is the office of Director of Public Prosecutions. Provision is
also made for public finance, a Complaints Commissioner, and a Register of Interests.

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