Supreme Court Order (CAP. 4228 1
CHAPTER 422A
THE SUPREME COURT ORDER
Arrangement of Sections
Section
Introductory
1. Citation, commencement and revocation.
2. Interpretation.
3. Application to Saint Vincent.
The Supreme Court
4. Establishment of Supreme Court.
5. Appointment of Judges.
6. Acting judges.
7. Oaths.
8. Tenure of office of judges.
9. Jurisdiction in the States.
10. Jurisdiction in other territories.
General
11. Remuneration, etc. of judges.
12. Chief Registrar and other officers.
13. Pensions ofjudges, Chief Registrar and other officers.
14. Resignations.
15. Expenses of the Court.
16. Posting ofjudges.
17. Rules of Court.
Judicial and Legal Services Commission
18. Establishment of Commission.
19. Functions and procedure of Commission.
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2 CAP. 422A) Supreme Court Order
20. Staff.
2 1. Expenses.
Transitional Provisions
22. Pending proceedings.
23. Existing laws, etc.
24. Interim Commission.
25. Terms of service of judges.
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
STATUTORY INSTRUMENTS
1967 No. 223 S.R.O. 1911967.
S.R.O. 2411981.
S.I. 3111985.
THE SUPREME COURT ORDER
Made ... ... ... ... ... 22nd February 1967
Coming into Operation ... . 27th February 1961
The Court at Buckingham Palace the 22nd day of February 1967
Present
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of Her powers under
section 6 of the West Indies Act 1967(a), is pleased by and
with the advice of Her Privy Council, to order, and it is
hereby ordered, as follows:-
PART I
Introductory
Citation, com-
mencement and 1. (1) This Order may be cited as the Supreme
revocation. Court Order.
(a) 1967 c. 4.
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Supreme Court Order ( C A P . 422A 3
(2) This Order shall come into operation on 27th
February 1967:
Provided that the provisions of subsection (3) of this sec-
tion and sections 18 to 23 of this Order shall come into opera-
tion on such later date (hereinafter referred to as "the
prescribed date") as the ChiefJustice may by order prescribe.
(3) The Windward Islands and Leeward Islands
(Courts) Order in Council 1959(b), as amended(c), (here-
inafter referred to as "the Order of 1959") and the British
Caribbean Court of Appeal Order in Council 1962(d), as
amended(e), (hereinafter referred to as "the Order of
1962") are revoked in so far as they have effect as part of the
law of each State:
Provided that the provisions of sections 21(2) and
22(5) of the Order of 1959 and article 9 of the Order of
1962 shall continue in force as part of the law of each State
as if those Orders had not been revoked.
2. (1) In this Order "State" means any of the follow- hterpretation.
ing, that is to say-
Antigua and Barbuda,
Dominica,
Grenada,
Saint Christopher, Nevis and Anguilla,
Saint Lucia, and
Saint Vincent and the Grenadines.
(2) In this Order any reference to a State shall be con-
strued as including a reference to its dependencies (if any).
(3) In this Order, unless the context otherwise
requires, any reference to the holder of an office by the
term designating his office shall be construed as including a
reference to any person who, under and to the extent of any
authority in that behalf, is for the time being performing
the functions of that office.
@) S.I. 1959/2197 (1959 I, p. 563). (e) The relevant amending Orders
(c) The relevant amending Orden are S.I. 1962/1245,1962/1870,
are S.I. 1960/1658,1962/1084, 1966/575,1966/1455 (1962 11,
1967/162 (1960 I, p. 473; 1962 pp. 1367,2186; 1966 11, p. 1226;
n, p. 1220). III, p. 3858).
(d) S.I. 1962/1086 (1962 11,1247)
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4 CAP. 422A) Supreme Court Order
(4) ( a ) Where any person has vacated any office
established by or under this Order he may, if qualified,
again be appointed to hold that office from time to time.
(b) A person may be appointed to an office estab-
lished by or under this Order notwithstanding that
some other person may be holding that office when
that other person is on leave of absence pending the
relinquishment of the office; and where two or more
persons are holding the same office by reason of an
appointment made in pursuance of this paragraph,
then, for the purposes of any function conferred
upon the holder of that office, the person last
appointed shall be deemed to be the sole holder of
the office.
(5) Any act done for the purposes of this Order by the
Judicial and Legal Services Commission or the interim
Commission established by section 24 of this Order shall be
signified in writing under the hand of the Chairman of the
Commission.
(6) The Interpretation Act 1899(a) shall apply, with
the necessary adaptations, for the purpose of interpreting
this Order and otherwise in relation thereto as it applies for
the purpose of interpreting, and in relation to, Acts of
Parliament.
Application to 3. Until such time as Saint Vincent assumes a status
Saint Vincent.
of association with the United Kingdom in accordance with
the provisions of the West Indies Act 1967, references in this
Order to the Premier of a State shall, in their application to
Saint Vincent, be construed as references to the
Administrator of Saint Vincent, acting in his discretion.
The Supreme Court
Establishment of 4. (1) There shall be a Supreme Court for the States
Supreme Court. which shall be styled the Eastern Caribbean Supreme Court
and shall be a superior court of record.
(a) 1889 c. 63.
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Supreme Court Order (CAP. 422A 5
(2) The Supreme Court shall consist of a Court of
Appeal and a High Court of Justice.
(3) Subject to the provisions of subsection ( 5 ) of this
section, the judges of the Court of Appeal shall be the Chief
Justice, who shall be President of the Court, and three
Justices of Appeal.
(4) Subject to the provisions of subsection (5) of this
section, the judges of the High Court shall be the Chief
Justice and nine Puisne Judges.
( 5 ) The number of Justices of Appeal and of Puisne
Judges of the High Court may be varied by order of the
Chief Justice made with the concurrence of the Premiers of
all the States:
Provided that no office of Justice of Appeal or Puisne
Judge shall be abolished while there is a substantive holder
thereof without the consent of the holder thereof.
(6) The Court of Appeal and the High Court shall be
deemed to be duly constituted notwithstanding a vacancy in
the office of any judge of the Court.
(7) The Court of Appeal and the High Court shall
each have and use a seal bearing the style of the court and a
device approved by the Chief Justice.
5. (1) The Chief Justice shall be appointed by Her Pppoinhnentof
judges
Majesty by Letters Patent and the Justices of Appeal and the
Puisne Judges shall be appointed on behalf of Her Majesty
by the Judicial and Legal Services Commission.
(2) A person shall not be qualified to be appointed-
(a) as Chief Justice or a Justice of Appeal unless-
(i) he has been for a period or periods
amounting in the aggregate to not less
than five years a judge of a court of
unlimited jurisdiction in civil and crimi-
nal matters in some part of the
Commonwealth or a court having juris-
diction in appeals from such a court; or
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6 CAP. 422A) Supreme Court Order
(ii) he is qualified to practise as an advocate
in such a court, and has so practised, for
a period of, or periods amounting in the
aggregate to, not less than fifteen years;
(b) as a Puisne Judge unless-
(i) he is or has been a judge of a court of
unlimited jurisdiction in civil and crimi-
nal matters in some part of the
Commonwealth or a court having juris-
diction in appeals from such a court; or
(ii) he is qualified to practise as an advocate
in such a court, and has so practised, for
a period of or periods amounting in the
aggregate to not less than ten years.
(3) For the purposes of subsection (2) of this section
references in that subsection to a period or periods during
which a person has practised as an advocate in any such
court as is mentioned in that subsection shall be construed
as including a period or periods during which a person-
( a ) has been serving in the office of judge of any
such court; or
(b) after having become qualified to practise as an
advocate in any such court, has been serving in a public
office in some part of the Commonwealth the func-
tions of which include appearing as an advocate in any
such court or in the office of magistrate, or registrar of
a court, in some part of the Commonwealth.
Acting judges. 6. (1) The Judicial and Legal Services Commission
may designate generally or for a specific occasion one of the
Justices of Appeal to act as Chief Justice in the event that the
office of the Chief Justice is vacant or that the Chief Justice
is for any reason unable to perform the functions of his
office.
(2) If one of the Justices of Appeal is acting as Chief
Justice or if the office of a Justice of Appeal or Puisne Judge
is vacant or if a Justice of Appeal or a Puisne Judge is for any
reason unable to perform the functions of his office, the
Judicial and Legal Services Commission may appoint a per-
son qualified for appointment as a Justice of Appeal or
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Supreme Court Order (CAP. 422A 7
Puisne Judge to act as a Justice of Appeal or Puisne Judge, as
the case may be.
(3) A person appointed under this section to act as
Chief Justice, a Justice of Appeal or a Puisne Judge shall
(unless he earlier resigns his appointment or is removed
therefrom in pursuance of the provisions of section 8 of this
Order) continue to act in that office for the period, if any,
for which he was appointed or until a person has been
appointed to and assumed, or has resumed, the functions of
that office, as the case may be.
(4) Any person appointed to the office of, or to act as,
Chief Justice, Justice of Appeal or Puisne Judge may, notwith-
standing the vacation of his office or the termination of his
appointment otherwise than in pursuance of the provisions
of section 8 of this Order, sit as a judge for the purpose of
giving judgment or otherwise in relation to any proceeding
heard by him while he was holding the office of judge.
7. Every person appointed to be a judge of the oath.
Court of Appeal or the High Court shall, before entering
upon his functions as such, take the oaths set out in sched-
ule 1 to this Order.
8. (1) Subject to the following provisions of this sec- office
tion, a judge of the Court of Appeal shall hold office until he
attains the age of sixty-seven years and a Puisne Judge shall
hold office until he attains the age of sixty-five years:
Provided that the Judicial and Legal Servicis
Commission acting with the concurrence of the Premiers of
all the States may permit ajudge to continue in his office after
attaining the age prescribed in this subsection for a period or
periods not exceeding in the aggregate three years.
(2) The provisions of subsection (1) of this section
shall not apply to a person appointed to act as ajudge of the
Court of Appeal or the High Court in respect of his acting
appointment.
(3) A judge may be removed from office only for
inability to discharge the functions of his office (whether
arising from infirmity of body or mind or any other cause)
or for misbehaviour, and shall not be so removed except in
accordance with the following provisions of this section.
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CAP. 422A) Supreme Court Order
(4) The Chief Justice may be removed from office by
order of Her Majesty and other judges of the Supreme
Court shall be removed from office by order of the Judicial
and Legal Services -Commission if the question of the
remdval from office has, in pursuance of the next following
subsection, been referred to the Judicial Committee of Her
Majesty's Privy Council under any enactment enabling Her
Majesty in that behalf and the Judicial Committee has
advised Her Majesty that the Chief Justice or the judge, as
the case may be, ought to be removed from office for inabil-
ity as aforesaid or misbehaviour.
(5) If, in the case of the Chief Justice, the Premier of
one of the States to which this Order applies represents to
the Lord High Chancellor of Great Britain or if, in the case
of any other judge of the Supreme Court, the Judicial and
Legal Services Commission represents to the Chief Justice
that the question of removing the Chief Justice or other
judge, as the case may be, for inability as aforesaid or for
misbehaviour ought to be investigated then-
(a) the Lord Chancellor or the Chief Justice, as
the case may be, shall appoint a tribunal which shall
consist of a Chairman and not less than two other
members selected by the Lord Chancellor or the Chief
Justice, as the case may be, from among persons who
hold or have held office as a judge of a court of unlim-
ited jurisdiction in criminal and civil matters in some
part of the Commonwealth or as a judge of a court
having jurisdiction in appeals from any such court; and
( b ) that tribunal shall enquire into the matter and
report on the facts thereof to the Lord Chancellor or
the Chief Justice, as the case may be, and recommend
whether the question of the removal of the Chief Justice
or other judge, as the case may be, should be referred
by Her Majesty to the Judicial Committee.
(6) The provisions set out in schedule 2 to this Order
shall apply in relation to tribunals appointed under the last
foregoing subsection or to the members thereof.
(7) If the question of removing the Chief Justice or
other judge of the Supreme Court has been referred to a
tribunal under subsection (5) of this section the Lord
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Supreme Court Order (CAP. 422A 9
Chancellor, in the case of the ChiefJustice, or the Judicial and
Legal Services Commission, in the case of any other judge of
the court, may suspend the ChiefJustice or otherjudge, as the
case may be, from performing the functions of his office.
(8) Any such suspension may at any time be revoked by
the Lord Chancellor or the Judicial and Legal Services
Commission, as the case may be, and shall in any case cease
to have effect-
(a) if the tribunal recommends that the question
of the removal of the judge from office should not be
referred by Her Majesty to the Judicial Committee; or
( 6 ) if the Judicial Committee advises that the
judge ought not to be removed from office.
(9) Any expenses, in connection with proceedings
under this section, authorised by the Lord Chancellor or
the Chief Justice, as the case may be, shall be regarded as
part of the expenses of the Supreme Court.
9. (1) The High Court shall have, in relation to a Jurisdictionintht
States.
State, such jurisdiction and powers as may be conferred on
it by the Constitution or any other law of the State.
(2) The Court of Appeal shall have, in relation to a
State, such jurisdiction to hear and determine appeals and
to exercise such powers as may be conferred upon it by the
Constitution or any other law of the State.
(3) The process of the Supreme Court shall run
throughout the States and any judgment of the Court shall
have full force and effect and may be executed and
enforced in any of the States.
(4) The provisions of subsection (3) of this section shall
be without prejudice to the provisions of the Constitution of
each State relating to fundamental rights and freedoms.
10. The High Court and Court of Appeal may exercise J urisdiction in
other tenitones.
such jurisdiction and powers, and any judge or the Chief
Registrar of the Supreme Court may exercise such functions, as
may be conferred upon them respectively in relation to
Montserrat or the Virgin Islands by or under any law in force in
Montserrat or the Virgin Islands, as the case may be.
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10 CAP. 422A) Supreme Court Order
General
Remuneration,
etc. of judges.
1. (1) The Chief Justice, the Justices of Appeal
and the Puisne Judges shall be paid the salaries specified in
schedule 3 to this Order, and shall be entitled to such
allowances and shall have such terms and conditions of
office as may from time to time be determined by the
Judicial and Legal Services Commission with the concur-
rence of the Premiers of all the States:
Provided that-
(a) the salaries specified in schedule 3 to this
Order may be altered by order made by the Judicial
and Legal Services Commission with the concurrence
of the Premiers of all the States;
(6) the salary and allowances (other than
allowances which are not taken into account in the
computation of pensions) of a judge shall not be
reduced and the terms and conditions of office appli-
cable to a judge upon his appointment shall not be
made less favourable to him during the currency of
that appointment.
(2) Where a judge is entitled to exercise an option in
relation to his salary or the other matters referred to in pro-
viso (6) to subsection (1) of this section, the option as exer-
cised by him shall be deemed for the purposes of that
proviso to be in his favour.
Chief Registrar
and other officers.
12. (1) There shall be, for all the States, an office of
Chief Registrar and such other offices of the Supreme
Court as the Chief Justice may from time to time prescribe
by order made with the concurrence of the Premiers of all
the States; and the holders of such offices shall be paid such
salaries and allowances and shall have such terms and con-
ditions of office as may from time to time be determined by
the Chief Justice with the concurrence of the Premiers of all
the States.
(2) Power to make appointments to the office of Chief
Registrar and to the other offices prescribed under this sec-
tion and to exercise disciplinary control over persons hold-
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Supreme Court Order (CAP. 422A 11
ing or acting in such offices shall vest in the Judicial and
Legal Services Commission.
(3) Power to make appointments to offices conferred
by the provisions of this section shall be construed as includ-
ing power to appoint a person to perform the functions of
any such office during any period during which it is vacant
or the holder thereof is unable for any reason to perform
those functions.
(4) The power to constitute offices and make appoint-
ments thereto conferred by this section shall be in addition
to any power conferred by the Constitution of any State to
constitute the offices of and appoint for that State a regis-
trar and other officers of the High Court.
13. (1) For the purposes of any laws, regulations Pensionsof
judges Chief
and other instruments relating to the grant of pensions, gra- Regis&and
tuities and other like benefits the judges, Chief Registrar otherofficers.
and the holders of the other offices of the Supreme Court
referred to in section 12(1) of this Order shall be in the ser-
vice of such State as the ChiefJustice may, in each case, from
time to time direct ; and any such direction given by the
Chief Justice shall take effect as from such date as may be
specified by the Chief Justice and shall have effect as an
appointment to a pensionable office in that service.
(2) Where by virtue of this section any payment is
made out of the funds of a State the Governments of the
other States shall pay to the Government of that State the
proportions of that payment specified by or under section
15 of this Order ; and the sums that are required by virtue of
this subsection to be paid by the Government of any State
are hereby charged on the Consolidated Fund of that State.
14. (1) Any person who is appointed to any office Resignations.
established by or under this Order may resign from that office
by writing under his hand addressed, in the case of the Chief
Justice, to the Lord Chancellor and, in any other case, to the
Chairman of the Judicial and Legal Service Commission.
(2) The resignation of any person from any such office
shall take effect when the writing signifying the resignation
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12 CAP. 422A) Supreme Court Order
is received by the Lord Chancellor or the Chairman, as the
case may be.
Expenses of the
Court.
15. The expenses of the Supreme Court (including
the renhneration and allowances referred to in section 11
of this Order but less any sums that may be paid towards the
expenses by the Governments of Montserrat and the Virgin
Islands) shall, except as otherwise provided by agreement
between the Governments of all the States, be borne by the
Governments of the States in equal proportions; and the
sums that are required by virtue of this section or any such
agreement to be paid by the Government of any State are
hereby charged on the Consolidated Fund of that State.
Posting of judges. 16. The Chief Justice shall assign a Puisne Judge to
each State who shall reside in the State to which he is assigned.
Rules of Court. 17. (1) Subject to the provision of this Order and
any other law in force in any of the States, the Chief Justice
and any other two judges of the Supreme Court selected by
him may make rules of court for regulating the practice and
procedure of the Court of Appeal and the High Court in
relation to their respective jurisdiction and powers in
respect of any of the States.
(2) Without prejudice to the generality of the forego-
ing subsection such rules may be made for any of the follow-
ing purposes-
( a ) for regulating the sittings of the Court of
Appeal and the High Court, and the selection ofjudges
for any purpose;
( b ) for prescribing forms and fees in respect of
proceedings in the Supreme Court and relating to
costs of and incidental to any such proceedings;
(c) for prescribing the times in which any require-
ment of the rules is to be complied with;
(d) for prescribing and regulating the powers and
duties of the Chief Registrar, registrars and officers of court;
( e ) for providing for summary determination of
any appeal which appears to the court to be frivolous or
vexatious or to be brought for the purposes of delay;
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Supreme Court Order (CAP. 422A 13
(f) for prescribing cases in which, and conditions
upon which, an appellant in a criminal appeal shall be
entitled to be present at the hearing of the appeal;
(g) for providing for a reference from a decision of a
single judge of the Court of Appeal to the Court of Appeal;
( h ) for regulating the right of practising before
the Supreme Court and the representation of persons
concerned in any proceedings therein.
(3) Rules made under this section may fix the number
ofjudges of the Court of Appeal who may sit for any purpose:
Provided that-
(a) an uneven number of judges shall sit, which
for the purposes of any final determination by the
court other than the summary dismissal of an appeal,
shall not be less than three; and
( b ) any determination by the court on any matter
(whether final or otherwise) shall, where more than
one judge sits, be according to the opinion of the
majority of the judges who sit for the purpose of deter-
mining that matter.
(4) Rules made under this section may provide for and
regulate the execution and enforcement in any State of the
process of the Court of Appeal or the High Court in exer-
cise of any powers and jurisdiction conferred upon it in pur-
suance of section 9 or 10 of this Order.
( 5 ) No rule of court which may involve an increase in
the expenses of the Supreme Court shall be made except
with the concurrence of the Premiers of all the States ; but
the validity of a rule of court shall not in any proceedings in
any court be called in question on the ground only that it
was a rule to which the concurrence of the Premiers was
necessary and that they did not concur or are not expressed
to have concurred in the making thereof.
Judicial and Legal Seruices Commission
18. (1) There shall be a Judicial and Legal Services Eft;zltof
Commission (hereinafter referred to as the "Commission")
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14 CAP. 422A) Supreme Court Order
for the States which shall consist of the following persons,
that is to say-
(a) the ChiefJustice, who shall be the Chairman;
( b ) such Justice of Appeal or Puisne Judge as may
from time to time be designated in that behalf by the
Chief Justice ;
(c) a person, appointed by the Chief Justice with
the concurrence of the Premiers of not less than four
of the States, who has been a judge of a court of unlim-
ited jurisdiction in civil and criminal matters in some
part of the Commonwealth or a court having jurisdic-
tion in appeals from any such court, not being a person
who is practising as an advocate before the Supreme
Court; and
(d) two members selected in accordance with the
provision of subsection (2) of this section.
(2) The persons for the time discharging the functions
of Chairman of the Public Service Commissions of two
States, being States for the time being designated in that
behalf by the Chief Justice, shall be ex-officio members of
the Commission:
Provided that-
(a) except as otherwise provided in any agree-
ment between the Governments of all the States, the
ChiefJustice shall designate States in such manner that
the Chairmen of the Public Service Commissions of the
States sit as members of the Commission in rotation for
periods of three years, the order of rotation among the
States to be as follows:-
(i) Antigua and Dominica;
(ii) Grenada and Saint Christopher, Nevis
and Anguilla;
(iii) Saint Lucia and Saint Vincent; and
( 6 ) where the Chairman of the Public Service
Commission of any designated State is in practice as an
advocate before the Supreme Court, that Public
Service Commission shall nominate another of its
members, not being a person so in practice, to sit on
the Commission in his stead.
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Supreme Court Order (CAP. 422A 15
(3) The office of the appointed member of the
Commission shall become vacant-
(a) at the expiration of three years from the date
of his appointment;
( b ) if he practises as an advocate before the
Supreme Court; or
(c) if the question of his ceasing to be a member
of the Commission has been referred by the Chief
Justice, acting on the recommendation of the Premiers
of not less than four of the States, to a tribunal consist-
ing of a Chairman and two other persons appointed by
the Chief Justice, and that tribunal has recommended
that such person should cease to be a member of the
Commission.
(4) The Commission shall not be disqualified for the
transaction of business by reason of any vacancy amongst its
members.
19. (1) The Commission shall perform such func- Functionsand
procedure of tions as are conferred on it by this Order or any other law c o d i o n .
for the time being in force in any State.
(2) The Commission may by regulation or otherwise
regulate its own procedure and confer powers and impose
duties on any officer or authority of the Government of a
State for the purposes of the exercise of its functions:
Provided that, except in the case of an officer of the
High Court, no such powers or duties shall be conferred
upon any officer in the public service of a State without the
consent of the Premier of the State.
20. The Commission may employ such officers as staff.
are necessary for the purpose of the exercise of its functions
as the Chairman with the concurrence of the Premiers of all
the States may appoint.
21. The members of the Commission other than the Expenses.
Chief Justice and the Justice of Appeal or Puisne Judge,
shall be paid such remuneration as the Chief Justice may
with the concurrence of the Premiers of all the States
prescribe ; and the Governments of the States shall,
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16 C A P . 422A) Supreme Court Order
except as otherwise provided by agreement between the
Governments of all the States, contribute in equal propor-
tions to the expenses of the Commission; and the sums that
are required by virtue of this section to be paid by the
Government of any State are hereby charged on the
Consolidated Fund of that State.
Transitional Provisions
Pend%~mceed- 22. (1) Any proceedings originating in any of the
ings.
States and pending immediately before the prescribed date
in the British Caribbean Court of Appeal or in the Supreme
Court or the Court of Appeal of the Windward Islands and
Leeward Islands may be continued and concluded on or
after that date-
( a ) in the case of proceedings pending in the
British Caribbean Court of Appeal, in the Court of
Appeal; and
(6) in the case of proceedings pending in the
Supreme Court or the Court of Appeal of the
Windwards Islands and Leeward Islands, in the High
Court.
(2) An appeal shall lie to the Court of Appeal on and
after the prescribed date from any judgment of the
Supreme Court of the Windward Islands and Leeward
Islands given before the prescribed date in any proceedings
originating in any of the Sates as if it were a judgment of the
High Court.
(3) Any judgment of the British Caribbean Court of
Appeal that was given but not satisfied before the prescribed
date in any proceedings originating in any of the States may
be enforced on or after the prescribed date as if it were a
judgment of the Court of Appeal and any such judgment of
the Court of Appeal or the High Court of the Windward
Islands and Leeward Islands may be so enforced as if it were
ajudgment of the High Court.
(4) Until such time as other provision is made in that
behalf by any law in force in a State, an appeal shall lie to
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Supreme Court Order (CAP. 422A 17
the High Court from the decision of a magistrate in that
State in any case in which an appeal would have lain to the
Court of Appeal of the Windward Islands and Leeward
Islands if the Order of 1959 had not been revoked.
23. (1) Any rule of court made under or kept in &hglaws,etc-
force by the Order of 1959 or the Order of 1962 and having
effect as part of the law of a State immediately before the
prescribed date shall continue in force on and after that
date notwithstanding the revocation of those Orders.
(2) Any law (including any rule of court) other than
the Order of 1959 and the Order of 1962 having effect as
part of the law of a State immediately before the prescribed
date shall have effect on and after the prescribed date as if-
( a ) references therein to the British Caribbean
Court of Appeal were references to the Court of
Appeal; and
( b ) references therein to the Supreme Court or
the Court of Appeal of the Windward Islands and
Leeward Islands were references to the High Court.
(3) The foregoing provisions of this section shall be
without prejudice to any powers conferred by any law in
force in a State upon any person or authority to make provi-
sion for any matter, including the amendment or revocation
of any law (including any rule of court) having effect as part
of the law of that State immediately before the prescribed
date or the making on or after that date of rules of court so
having effect.
24. (1) Until the prescribed date, the powers con- Interim Commission.
ferred on the Judicial and Legal Services Commission by
sections 5 to 12 of this Order may be exercised by an inter-
im Commission consisting of-
(i) the Chief Justice, who shall be the
Chairman;
(ii) one person, appointed by the Chief
Justice, who is or has been a judge of a
court of unlimited jurisdiction in civil
and criminal matters in some part of the
LAWS OF ANTIGUA AND BARBUDA
18 CAP. 422A) Supreme Court Order
Commonwealth or a court having jurisdic-
tion in appeals from any such court ; and
(iii) three persons appointed by the Chief
Justice with the concurrence of the
Premiers or, as the case may be, Chief
Ministers of not less than four of the
States, one of whom has been a judge of
such a court.
(2) A person who is in practice as an advocate before
the Supreme Court established by the Order of 1959 shall
not be appointed under subsection (1) of this section.
Tenns of service 25. Until other provision is made under section
of judges. l l ( 1 ) of this Order, the allowances of the judges of the
Court of Appeal and of the High Court and their terms and
conditions of service, other than their salaries, shall be those
to which the judges of the Supreme Court established by the
Order of 1959 were entitled or which were applicable to
them immediately before the commencement of this Order.
W G. Agnau.
SCHEDULE 1 Section 7.
Forms of Oaths and Affirmations
1. Oath of Allegiance
I ........................................ 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 Allegiance
I ...................................... do solemnly and sincerely affirm
and declare that I will be faithful and bear 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
LAWS OF ANTIGUA AND BARBUDA
Supreme Court Order (CAP. 422A 19
Elizabeth the Second in the office of (here insert the descrip-
tion of the office). 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 in
the office of (here insert the description of the office)
SCHEDULE 2 Section 8(6).
Provisions applying in relation to tribunals appointed under
section 8 ( 5 )
1. The members of a tribunal may make such rules for their
own guidance, and the conduct and management of pro-
ceedings before them and the hours and times and places
for their sittings, as they may, from time to time, think fit,
and may, from time to time, adjourn for such time and to
such place as they may think fit.
2. The members of a tribunal shall have the powers of a
judge of the High Court to summon witnesses, and to call
for the production of books and documents, and to exam-
ine witnesses on oath, and no member shall be liable to any
action or suit for any matter or thing done by him as such.
3. Any person whose conduct is the subject of inquiry by a
tribunal shall be entitled to, and any other person may by
leave of the tribunal, be represented by counsel at the whole
of the inquiry.
4. Any witness who shall wilfully give false evidence in any
such inquiry, concerning the subject matter of such inquiry,
shall be guilty of perjury, and be liable to be prosecuted and
punished accordingly.
5. All persons summoned to attend and give evidence or to
produce documents or any other matter at any sitting of a
tribunal, shall be bound to obey the summons served upon
them as fully, in all respects, as witnesses are bound to obey
subpoenas issued from the High Court, and shall be entitled
to the like expenses as if they had been summoned to
attend the High Court on a criminal trial, if the same shall
be allowed by the tribunal, but the tribunal may disallow the
whole or any part of such expenses in any case, if they think fit.
LAWS OF ANTIGUA AND BARBUDA
20 CAP. 4228) Supreme Court Order
Orders for the payment of such witnesses shall be made, as
nearly as may be, as orders are made for the payment of wit-
nesses at the High Court. Every person refusing or omitting,
without sufficient cause, to attend at the time and place
mentioned in the summons served on him, and every per-
son attending, but leaving the enquiry without the permis-
sion of the tribunal, or refusing to answer, or to answer fully
and satisfactorily to the best of his knowledge and belief, all
questions put to him by or with the concurrence of the tri-
bunal, or refusing or omitting, without sufficient cause, to
produce any documents or other matters in his possession
or under his control and mentioned or referred to in the
summons served on him, and every person who shall, at any
sitting of a tribunals, wilfully insult any member or servant
of the tribunal or wilfully interrupt the proceedings of the
tribunal, shall be liable, on summary conviction, to a penalty
not exceeding one thousand dollars.
6. No statement made by any person who is called as a witness
before a tribunal in answer to any question put by or with the
concurrence of the tribunal shall, except in cases of indict-
ments for perjury, be admissible in evidence in any civil or
criminal proceeding.
SCHEDULE 3 Section 11.
Salaries of judges of Supeme Court
. . . . . . . . . . . . . . . . . . ChiefJustice $105,600 per year
. . . . . . . . . . . . . . . Justice of Appeal $85,800 per year
. . . . . . . . . . . . . . . . . . Puisne Judge $72,600 per year
EXPLANATORY NOTE
(This Note is not part of the Ordey)
This Order makes provision for a new Supreme Court
consisting of a High Court and a Court of Appeal for
Antigua, Dominica, Grenada, Saint Christopher, Nevis and
Anguilla, Saint Lucia, and Saint Vincent. Provision is also
made so that these courts may be given jurisdiction in
respect of Montserrat and the Virgin Islands. The Order
establishes a Judicial and Legal Services Commission.
