The Constitution

Present,
The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers vested in Her by section 5 of the Barbados Independence Act 1966 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1: Citation commencement and construction

  1. This Order may be cited as the Barbados Independence Order 1966.
  2. This order shall come into operation on 30th November 1966 (in this Order referred to as "the appointed day"):
  3. Provided that the Governor may at any time after 22nd November 1966 exercise any of the powers conferred upon the Governor General by sections 4(3) and 10(1) of this Order and sections 60(1), 89(2), 90(1) and 91(1) of the Constitution set out in the Schedule to this Order (in this Order referred to as "the Constitution") to such extent as any, in his opinion, be necessity or expedient to enable the Constitution to function as from the appointed day.
  4. For the purposes of the exercise by the Governor under the proviso to subsection (2) of the powers conferred by the said sections 89(2), 90(1) and 91(1), the references therein to the Prime Minister and the Leader of the Opposition shall be construed as if they were references respectively to the Premier and to the Leader of the Opposition as defined for the purposes of Schedule 2 to the Barbados (Letters Patent Consolidation) Order 1964(b); and the other powers referred to in that proviso shall be exercised by the Governor acting in accordance with the advice of the Premier.
  5. Save where the context otherwise requires, expressions used in sections 1 to 12 of this Order have the same meaning as in the Constitution and the provisions of section 117 of the Constitution shall apply for the purposes of interpreting those sections as they apply for the purposes of interpreting those sections as they apply for the purposes of interpreting the Constitution.

2: Revocations and Amendments

  1. The Barbados (Letters Patent Consolidation) Order 1964 (in this Order referred to as "the existing Order") is revoked; but the revocation of the existing Order shall not affect the operation on and after the appointed day of any law made or having effect as if made in pursuance of the existing Order and having effect as part of the law of Barbados immediately before the appointed day (including any law made before the appointed day and coming into operation on or after that day).
  2. The British Caribbean Court of Appeal Order in Council 1962(a) (as amended by the British Caribbean Court of Appeal (Amendment) (No. 2) Order in Council 1962(b)) is amended by the deletion of the words "and the Chief Judge and other judges of the Island of Barbados" in paragraph (b) of article 3(1) (which specifies the judges of which the Court consists):
  3. Provided that, if provision is made by an order paragraph (b) of section 10(1) or by any other law for the continuance on or after the appointed day before the British Caribbean Court of Appeal of any such pending appeals as are mentioned in that paragraph, the, for the purposes of such appeals, Barbados shall continue to be a Territory for the purposes of the first mentioned Order and the Chief Justice and other Judges of the Supreme Court of Barbados shall be members of the Court ex officio.
  4. The West Indies (Dissolution and Interim Commissioner) Order in Council 1962(c) is amended by the deletion of sub-paragraph(b) (which specifies Barbados) of the definition of "the territories" in article 2(1); but nothing in this subsection shall affect the operation on and after the appointed day of any law having effect as part of the law of Barbados immediately before that day by virtue of the provisions of article 15 or 16 of that Order.

3: Establishment of Constitution

Subject to the provisions of this Order, the Constitution shall come into effect on the appointed day.

4: Existing laws

  1. Subject to the provisions of this section, the existing laws shall be construed with such modifications, adaptations, qualifications unwaged exceptions as may be necessary to bring them into conformity with the Barbados Independence Act 1966 and this Order.
  2. Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such a law and under this section) or is otherwise prescribed or provided for immediately before the appointed day by or under the existing Order, that prescription or provision shall, as from that day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the Barbados Independence Act 1966 and this Order) as if it had been made under the Constitution by Parliament or, as the case may require, by the other authority or person.
  3. The Governor General may by order made at any time before 30th November 1967 make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of the Barbados Independence Act 1966 and this Order or otherwise for giving effect to or enabling effect to be given to those provisions.
  4. An order made by the Governor-General under subsection (3) shall have effect from such day, not earlier than the appointed day, as may be specified therein.
  5. The provisions of this section shall be without prejudice to any powers conferred by this Order or by any other law upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.
  6. In this section "existing law" means any law having effect as part of the law of Barbados immediately before the appointed day (including any law made before the appointed day and coming into operation on or after that day).

5: Parliament

  1. The persons who immediately before the appointed day are members of the Senate established by the existing Order (in this section referred to as "the existing senate"), having been appointed as such under sub-paragraphs (a), (b) and (c) respectively of paragraph 10(2) of Schedule 2 to that Order, shall as from the appointed day be members of the Senate established by the Constitution as if they had been appointed as such under subsections (2), (3) and (4) respectively of section 36 of the Constitution and shall hold their seats as Senators in accordance with the provisions of the Constitution.
  2. The persons who immediately before the appointed day are President and Deputy President of the existing Senate shall as from the appointed day be President and Deputy President respectively of the Senate established by the Constitution as if they had been elected as such under section 40 of the Constitution and shall hold office in accordance with the provisions of that section.
  3. The persons who immediately before the appointed day are members of the House of Assembly the established for Barbados (in this section referred to as "the existing Assembly") shall as from the appointed day be members of the House of Assembly established by the Constitution as if elected as such in pursuance of section 41(2) of the Constitution and shall hold their seats in that House in accordance with the provisions of the Constitution.
  4. The persons who immediately before the appointed day are Speaker and Deputy Speaker of the existing Assembly shall as from the appointed day be Speaker and Deputy Speaker respectively of the House of Assembly established by the Constitution as if elected as such by that House in pursuance of any provisions in that behalf.
  5. Any person who is a member of the Senate or the House of Assembly established by the Constitution by virtue of the preceding provisions of this section and who, since he was last appointed or elected as a member of the existing Senate of the existing Assembly before the appointed day, has taken the oath of allegiance in pursuance of paragraph 21 of Schedule 2 to the existing Order shall be deemed to have complied with the requirements of section 59 of the Constitution relating to the taking of the oath of allegiance.
  6. The Standing Orders of the existing Senate and the existing Assembly as in force immediately before the appointed day shall, except as may be otherwise provided in pursuance of section 50(1) of the Constitution, be three Standing Orders respectively of the Senate and the House of Assembly established by the Constitution, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
  7. Notwithstanding anything contained in section 61(3) of the Constitution (but subject t the provisions of subsections (4) and (5) of that section) Parliament shall, unless sooner dissolved, stand dissolved on the expiration of five years from the first sitting of the existing Assembly after the general election of members of the Assembly last preceding the appointed day.

6: Ministers and Parliamentary Secretaries

  1. The person who immediately before the appointed day holds the office of premier under the existing Order shall, as from the appointed day, hold office as Prime Minister as if he had been appointed thereto under section 65(1) of the Constitution.
  2. The person (other than the Premier) who immediately before the appointed day hold officers Ministers under the existing Order shall, as from the appointed day, hold the like offices as if they had been appointed thereto under section 65(2) of the Constitution.
  3. Any person holding the office of Prime Minister or other Minister by virtue of subsection (1) or (2) who immediately before the appointed day was charged with responsibility for any subject or department of government shall, as from the appointed day, be deemed to have been assigned responsibility for the corresponding business or department of the Government under section 72 of the Constitution.
  4. The persons who immediately before the appointed day hold office as Parliamentary Secretaries under the existing Order shall, as from the appointed day, hold the like offices as if they had been appointed thereto under section 73(1) of the Constitution.
  5. Any person who holds office as Prime Minister or other Minister or Parliamentary Secretary as from the appointed day by virtue of the provisions of this section shall be deemed t have complied with the requirements of section 69 or section 73(2), as the case may be, of the Constitution relating to the taking of oaths

7: Leader of the Opposition

The person who immediately before the appointed day is the Leader of the Opposition (as defined for the purposes of Schedule 2 to the existing Order) shall, as from the appointed day, hold office as Leader of the Opposition as if he had been appointed thereto under section 74 of the Constitution.

8: Privy Council

The persons who immediately before the appointed day are members of the Privy Council established by the existing Order, having been appointed as such under clause 3 of the Barbados Royal Instructions 1964(a), shall, as from the appointed day, hold office as members of the privy Council established by the Constitution as if they had been appointed thereto under section 76(1) of the Constitution:

Provided that for the purposes of subsection (3) of that section the date of appointment of any such person shall be the date on which the period of his last appointment under the said clause 3 commenced or was deemed to have commenced for the purposes of that clause.

9: Existing judges and public officers

  1. Every person who immediately before the appointed day holds or is acting in a public office shall, as from the appointed day, hold or act in that office or the corresponding office established by the Constitution as if he had been appointed to do so in accordance with the provisions of the Constitution:
  2. Provided that any person who under any existing law would have been required to vacate his office on the attainment of any age or on the expiration of any period shall vacate his office on the attainment of that age or at the expiration of that period.
  3. The provisions of subsection (1) shall apply in relation to the office of a Judge as if that office were a public office.
  4. Any person who, by virtue of the provisions of this section, holds or is acting in the office of the Director of Public Prosecutions or a Judge as from the appointed day shall be deemed to have complied with the requirements of section 79(7) or, as the case may be, section 83 of the Constitution relating to the taking and subscribing of oaths.
  5. In this section "existing law" has the same meaning as in section 4.

10: Pending legal proceedings

  1. The Governor General may by order make such provision as may appear to him to be necessary or expedient for:
    • the continuance on or after the appointed day before the High Court of Appeal established by the Constitution of any proceedings pending immediately before that day before the Supreme Court of Barbados;
    • the continuance on or after the appointed day before the said Court of Appeal or the British Caribbean Court of Appeal or the abutment of any appeal pending immediately before that day before the British Caribbean Court of Appeal from the Supreme Court of Barbados;
    • the enforcement of any judgment of the Supreme Court of Barbados or the British Caribbean Court of Appeal given but not satisfied before the appointed day; and
    • the enforcement of any judgment of the British Caribbean Court of Appeal given on or after that day by virtue of provision made in pursuance of paragraph (b).
  2. In subsection (1) -
    • "appeal" includes a case stated or question of law reserved;
    • "judgment" includes a decree, order, ruling, sentence or decision;
    • "the Supreme Court of Barbados" includes the Full Court of that Court.
  3. The provisions of this section shall be without prejudice to the provisions of section 4 and to any powers conferred by this Order or by any other law upon any person or authority to make provision for any of the matters referred to in subsection (1).

11: Appeals to Her Majesty in Council

Until Parliament otherwise provides, an appeal shall lie under section 88(1) of the Constitution from decisions of the Court of Appeal established by the Constitution to her Majesty in Council in the cases mentioned in paragraphs (a) and (b) of section 3 of the British Caribbean (Appeal to Privy Council) Order in council 1962(a) as if references therein to the British Caribbean Court of Appeal were references to the Court of Appeal established by the Constitution.

12: Alteration of this Order

  1. Parliament may alter any of the provisions of this Order in the same manner as it may alter any of the provisions of the Constitution:
  2. Provided that section 3, section 5(1) and (7), section 9 and this section may be altered by Parliament only in the same manner as the provisions specified in section 49(2) of the Constitution.
  3. Section 49(5) of the Constitution shall apply for the purpose of construing references in this section to any provision of this Order and to the alteration of any such provision as it applies for the purpose of construing references in the said section 49 to any provision of the Constitution and to the alteration of any such provision.

CHAPTER I THE CONSTITUTION

1: Constitution is supreme law

This Constitution is the supreme law of Barbados and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

CHAPTER II CITIZENSHIP

2: Persons who become citizens on 30th November 1966

  1. Every person who, having been born in Barbados is on 29th November 1966 a citizen of the United Kingdom and Colonies shall become a citizen of Barbados on 30th November 1966.
  2. Every person who, having been born outside Barbados, is on 29th November 1966 a citizen of the United Kingdom and Colonies shall, if his father becomes or would but for his death have become a citizen of Barbados in accordance with the provisions of subsection (1), become a citizen of Barbados on 30th November 1966.
  3. Any person who on 29th November 1966 is a citizen of the United Kingdom and Colonies -
    • having become such a citizen under the British Nationality Act 1948(a) by virtue of his having been naturalized in Barbados as a British subject before that Act came into force; or
    • having become such a citizen by virtue of his having been naturalized or registered in Barbados under that Act shall become a citizen of Barbados on 30th November 1966.

3: Person entitled to be registered as citizens

  1. Any woman who on 29th November 1966 is or has been married to a person -
    • who becomes a citizen of Barbados by virtue of section 2; or
    • who, having died before 30th November 1966, would but for his death have become a citizen of Barbados by virtue of that section shall be entitled, upon making application, and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados.
  2. Any person who is a Commonwealth citizen (otherwise than by virtue of being a citizen of Barbados) and who -
    • has been ordinarily resident in Barbados continuously for a period of seven years or more at any time before 30th November 1966; and
    • has not, since such period of residence in Barbados and before that date, been ordinarily resident outside Barbados continuously for a period of seven years or more.
    • shall be entitled, upon making application, to be registered as a citizen of Barbados:
    • Provided that the right to be registered a s a citizen of Barbados under this subsection shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.
  3. Any woman who on 29th November 1966 is or has been married to a person who subsequently becomes a citizen of Barbados by registration under subsection (2) shall be entitled, upon making application, and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados:
    • Provided that the right to be registered as a citizen of Barbados under this subsection shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.
  4. Any application for registration under this section shall be made in such manner as may be prescribed as respects that application:
    • Provided that such an application may not be made by a person who has not attained the age of twenty one years and is not a woman who is or has been married but shall be made on behalf of that person by a parent or guardian of that person.

4: Persons born in Barbados after 29th November 1966

Every person born in Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth:
Provided that a person shall not become a citizen of Barbados by virtue of this section if at the time of his birth -
  1. his father possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign state accredited to Her Majesty in right of Her Government in Barbados and neither of his parents is a citizen of Barbados; or
  2. his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.

5: Persons born outside Barbados after 29th November 1966.

A person born outside Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth if at that date his father is a citizen of Barbados otherwise than by virtue of this section or section 2(2).

6: Marriage to citizen of Barbados

Any woman who, after 29th November 1966, marries a person who is or becomes a citizen of Barbados shall be entitled, upon making application in such manner as may be prescribed and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados.

7: Renunciation of citizenship

Any citizen of Barbados who has attained the age of twenty-one years and who -
  1. is also a citizen or national of any other country; or
  2. intends to become a citizen or national of any other country, shall be entitled to renounce his citizenship of Barbados by a declaration made and registered in such manner as may be prescribed:
  3. Provided that -
    • in the case of a person who is not a citizen or national of any other country at the date of registration of his declaration of renunciation, if he does not become such a citizen or national within six months from the date of registration he shall be, and shall be deemed to have remained, a citizen of Barbados notwithstanding the making and registration of his declaration of renunciation; and
    • the right of any person to renounce his citizenship of Barbados during any period when Barbados is engaged in any war shall be subject to such exceptions or qualifications as any be prescribed in the interests of national security or public policy.

8: Commonwealth citizens

  1. Every person who under this Constitution or any Act of Parliament is a citizen of Barbados or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.
  2. Every person who is a British subject without citizenship under the British nationality act 1948, continues to be a British subject under section 2 of that Act or is a British subject under the British Nationality Act 1965(a) shall, by virtue of that status, have the status of a Commonwealth citizen.
  3. Save as may be otherwise provided by Parliament, the countries to which this section applies are the United Kingdom and colonies, Canada, Australia, New Zealand, India, Pakistan, Ceylon, Ghana, Malaysia, Nigeria, Cyprus, Sierra Leone, Tanzania, Jamaica, Trinidad and Tobago, Uganda, Kenya, Malawi, Malta, Zambia, the Gambia, Singapore, Guyana, Botswana, Lesotho and southern Rhodesia.

9: Powers of Parliament

Parliament may make provision -
  1. for the acquisition of citizenship of Barbados by persons who do not become citizens of Barbados by virtue of the provisions of this Chapter; or
  2. for depriving of his citizenship of Barbados any person who is a citizen of Barbados otherwise than by virtue of subsection (1) or (2) of section 2 or section 4 o section 5.

10: Interpretation

  1. In this chapter - "alien" means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;
  2. "British protected person" means a person who is a British protected person for the purposes of the British Nationality Act 1948;
  3. "prescribed" means prescribed by or under any Act of Parliament.
  4. Any reference in this Chapter to the father of a person shall, in relation to any person born out of wedlock other than a person legitimated before 30th November 1966, be construed as a reference to the mother of that person.
  5. For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the palace in which the ship or aircraft was registered or, as the case may be, in that country.
  6. any reference in this Chapter to the national status of the father of a person at the time of that person's birth, shall, in relation to a person born after the death of the father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before 30th November 1966 and the birth occurred after 29th November 1966 the national status that the father would have had if he had died on 30th November 1966 shall be deemed to be his national status at the time of his death