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The Bahamas Independence Order 1973

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

  1. Introductory Text

  2. 1.Citation, commencement and construction

  3. 2.Revocation

  4. 3.Establishment of Constitution

  5. 4.Existing laws

  6. 5.Parliament

  7. 6.Ministers and Parliamentary Secretaries

  8. 7.Leader of the Opposition

  9. 8.Existing officers

  10. 9.Supreme Court and Court of Appeal Judges

  11. 10.Pending appeals

  12. 11.Exercise of jurisdiction by Court of Appeal for Turks and Caicos Islands

  13. 12.Remuneration of certain persons

  14. 13.Transitional provisions relating to existing Commissions

  15. 14.Emergency Powers Order in Council 1939

  16. 15.Transfer of Crown Lands Fund for Development to Consolidated Fund

  17. 16.Transitional provisions relating to compensation etc

  18. 17.Alteration of this Order

  19. Signature

    1. SCHEDULE TO THE ORDER

      THE CONSTITUTION OF THE COMMONWEALTH OF THE BAHAMAS

      1. WHEREAS Four hundred and eighty-one years ago the rediscovery of...

      2. AND WHEREAS the People of this Family of Islands recognise...

      3. NOW KNOW YE THEREFORE:

      4. We the Inheritors of and Successors to this Family of...

      5. CHAPTER I THE CONSTITUTION

        1. 1.The State

        2. 2.The Constitution is supreme law

      6. CHAPTER II CITIZENSHIP

        1. 3.Persons who become citizens on 10th July 1973

        2. 4.Persons who become citizens on 9th July 1974

        3. 5.Persons entitled to be registered as citizens

        4. 6.Persons born in The Bahamas after 9th July 1973

        5. 7.Persons born in The Bahamas after 9th July 1973 of non-citizen parents

        6. 8.Persons born outside The Bahamas after 9th July 1973

        7. 9.Further provisions for persons born outside The Bahamas after 9th July 1973

        8. 10.Marriage to citizens of The Bahamas

        9. 11.Deprivation of citizenship

        10. 12.Renunciation of citizenship

        11. 13.Power of Parliament

        12. 14.Interpretation

      7. CHAPTER III PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

        1. 15.Fundamental rights and freedoms of the individual

        2. 16.Protection of right to life

        3. 17.Protection from inhuman treatment

        4. 18.Protection from slavery and forced labour

        5. 19.Protection from arbitrary arrest or detention

        6. 20.Provisions to secure protection of law

        7. 21.Protection for privacy of home and other property

        8. 22.Protection of freedom of conscience

        9. 23.Protection of freedom of expression

        10. 24.Protection of freedom of assembly and association

        11. 25.Protection of freedom of movement

        12. 26.Protection from discrimination on the grounds of race, etc

        13. 27.Protection from deprivation of property

        14. 28.Enforcement of fundamental rights

        15. 29.Provisions for time of war or emergency

        16. 30.Saving of existing law

        17. 31.Interpretation

      8. CHAPTER IV THE GOVERNOR-GENERAL

        1. 32.Establishment of office of Governor-General

        2. 33.Acting Governor-General

        3. 34.Deputy to Governor-General

        4. 35.Personal staff of Governor-General

        5. 36.Public Seal

        6. 37.Oaths to be taken by Governor-General

      9. CHAPTER V PARLIAMENT

        1. PART 1 Composition of Parliament

          1. 38.Establishment of Parliament

        2. PART 2 The Senate

          1. 39.Composition of Senate

          2. 40.Purpose of appointment of certain Senators

          3. 41.Qualifications for appointment as Senator

          4. 42.Disqualifications for appointment as Senator

          5. 43.Tenure of office of Senators

          6. 44.President and Vice-President

          7. 45.Determination of questions as to membership

        3. PART 3 House of Assembly

          1. 46.Composition of House of Assembly

          2. 47.Qualifications for membership of House of Assembly

          3. 48.Disqualifications for election as members of House of Assembly

          4. 49.Tenure of office of members of House of Assembly

          5. 50.Speaker and Deputy Speaker

          6. 51.Determination of questions as to membership

        4. PART 4 Powers and Procedure of Parliament

          1. 52.Power to make laws

          2. 53.Privileges of Parliament

          3. 54.Alteration of this Constitution

          4. 55.Regulation of procedure in Parliament

          5. 56.Presiding in the Senate and House of Assembly

          6. 57.Quorum

          7. 58.Voting

          8. 59.Introduction of Bills, etc

          9. 60.Restriction on powers of Senate as to Money Bills

          10. 61.Restriction on powers of Senate as to Bills other than Money Bills

          11. 62.Provisions relating to Articles 59, 60 and 61

          12. 63.Assent to Bills

          13. 64.Oath of allegiance

        5. PART 5 Summoning, Prorogation and Dissolution

          1. 65.Sessions of Parliament

          2. 66.Prorogation and dissolution of Parliament

          3. 67.General elections, bye-elections and appointment of Senators

        6. PART 6 Delimitation of Constituencies

          1. 68.Constituencies

          2. 69.Constituencies Commission

          3. 70.Procedure for review of constituencies

      10. CHAPTER VI THE EXECUTIVE

        1. 71.Executive Authority

        2. 72.The Cabinet

        3. 73.Appointment of Ministers

        4. 74.Tenure of office of Ministers

        5. 75.Performance of functions of Prime Minister during absence, illness or suspension

        6. 76.Temporary Ministers

        7. 77.Allocation of portfolios to Ministers

        8. 78.Functions of Attorney-General

        9. 79.Exercise of Governor-General's powers

        10. 80.Governor-General to be informed concerning matters of Government

        11. 81.Parliamentary Secretaries

        12. 82.Leader of the Opposition

        13. 83.Certain vacancies in office of Leader of the Opposition

        14. 84.Oaths to be taken by Ministers, etc

        15. 85.Leave of absence for Ministers, etc

        16. 86.Summoning of and presiding in Cabinet

        17. 87.Quorum

        18. 88.Permanent Secretaries

        19. 89.Constitution of offices, etc

        20. 90.Powers of pardon, etc

        21. 91.Advisory Committee on Prerogative of Mercy

        22. 92.Functions of Advisory Committee

      11. CHAPTER VII THE JUDICATURE

        1. PART I The Supreme Court

          1. 93.Establishment of Supreme Court

          2. 94.Appointment of Justices of Supreme Court

          3. 95.Acting Justices

          4. 96.Tenure of office of Justices of Supreme Court

          5. 97.Oaths to be taken by Justices of Supreme Court

        2. PART 2 Court of Appeal

          1. 98.Establishment of Court of Appeal

          2. 99.Justices of the Court of Appeal

          3. 100.Other arrangements for appeals

          4. 101.Acting Justices of Court of Appeal

          5. 102.Tenure of office of Justices of Appeal

          6. 103.Oaths to be taken by Justices of Appeal

        3. PART 3 Appeals to Court of Appeal and Her Majesty in Council

          1. 104.Appeals relating to fundamental rights and freedoms

          2. 105.Appeals to Her Majesty in Council in other cases

          3. 106.Interpretation of “Court of Appeal”

      12. CHAPTER VIII THE PUBLIC SERVICE

        1. PART I The Public Service Commission

          1. 107.Establishment and composition of Public Service Commission

        2. PART 2 Appointments etc. of Public Officers

          1. 108.Appointments, etc. of public officers

          2. 109.Appointments of Permanent Secretaries and certain other public officers

          3. 110.Delegation of Governor-General's powers

          4. 111.Appointments, etc. of principal representatives of The Bahamas abroad

          5. 112.Appointments on transfer in respect of certain offices

          6. 113.Appointment of Secretary to the Cabinet

        3. PART 3 The Public Service Board of Appeal

          1. 114.Public Service Board of Appeal

          2. 115.Appeals in discipline cases

        4. PART 4 The Judicial and Legal Service Commission

          1. 116.Establishment and composition of the Judicial and Legal Service Commission

          2. 117.Appointments, etc. of judicial and legal officers

        5. PART 5 The Police Service Commission

          1. 118.Establishment and composition of the Police Service Commission

          2. 119.Appointment of Commissioner of Police and other officers of the Police Force

          3. 120.Removal of the Commissioner and Deputy Commissioner of Police

          4. 121.Removal and discipline of members of the Force

        6. PART 6 Pensions

          1. 122.Protection of pension rights

          2. 123.Grant and withholding of pensions, etc

          3. 124.Appeals in respect of certain decisions affecting pensions benefits

        7. PART 7 Miscellaneous

          1. 125.Procedure of Commissions

          2. 126.Removal from office of certain persons

          3. 127.Public Service

      13. CHAPTER IX FINANCE

        1. 128.Consolidated Fund

        2. 129.Estimates

        3. 130.Authority for Public Expenditure

        4. 131.Withdrawal of money from the Consolidated Fund

        5. 132.Withdrawal of money in advance of Appropriation Act

        6. 133.Contingencies Fund

        7. 134.Public Debt

        8. 135.Remuneration of Governor-General and certain other officers

        9. 136.Establishment of office and functions of Auditor-General

      14. CHAPTER X INTERPRETATION

        1. 137.Interpretation

  21. Explanatory Note

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