The Virgin Islands (Constitution) (Amendment)Order 2000

Addition of new section 5A to Constitution

3.  The following new section shall be inserted in the Constitution after section 5:—

“Functions of Deputy Governor.

5A.—(1) Subject to the provisions of subsection (2) of this section, the Deputy Governor shall—

(a)assist the Governor in the exercise of his functions relating to matters for which he is responsible under section 19 of this Order;

(b)assist the Governor in the exercise of such of his other functions, being functions in the exercise of which the Governor is not obliged to act in accordance with the advice of some other person or authority, as the Governor, acting in his discretion, may direct; and

(c)perform such other functions, not of a ministerial nature, as (subject to the provisions of this Order and of any other law) may be assigned to the Deputy Governor, at the request of the Chief Minister, by the Governor acting in his discretion.

(2) The Governor, acting in his discretion, may, by writing under his hand, authorise the Deputy Governor to exercise for and on behalf of the Governor, subject to such exceptions and conditions as the Governor may from time to time specify, any or all of the functions of the office of Governor.

(3) The powers and authority of the Governor shall not be affected by any authority of the Deputy Governor under subsection (2) of this section and, subject to the provisions of this Order and of any other law by which any function which the Deputy Governor is authorised to exercise is conferred, the Deputy Governor shall comply with such instructions relating to the exercise of that function as the Governor, acting in his discretion, may from time to time address to him:

• Provided that the question whether or not the Deputy Governor has in any matter complied with any such instructions shall not be enquired into in any court of law.

(4) Any authority given under subsection (2) of this section 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 discretion, by writing under his hand.

(5) In subsection (2) of this section the reference to any functions of the office of Governor does not include a reference to—

(a)the functions conferred upon the Governor by this section; or

(b)any functions conferred upon 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.”.