Constitution (Declaration of Compatibility)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-54

CONSTITUTION (DECLARATION OF COMPATIBILITY) ACT 2009

Principal Act Act. No. 2009-54 Commencement 1.11.2009 Assent 21.12.2009

Amending enactments

Relevant current provisions

Commencement date

English sources: None cited EU Legislation/International Agreements involved:

Constitution (Declaration of Compatibility)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-54

Constitution (Declaration of Compatibility)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-54

AN ACT TO MAKE PROVISION FOR THE MAKING OF A DECLARATION BY THE SUPREME COURT REGARDING THE COMPATIBILITY OF ANY ACT OR SUBSIDIARY LEGISLATION OR ANY BILL FOR AN ACT OR ANY PROVISION THEREOF WITH THE CONSTITUTION; AND FOR CONNECTED PURPOSES. Title and commencement. 1. This Act may be cited as the Constitution (Declaration of Compatibility) Act 2009 and shall be deemed to have come into operation on 1st November 2009. Application to the Supreme Court. 2. The Chief Minister, or any other Minister authorised to that effect by the Chief Minister, may on behalf of the Government apply to the Supreme Court for a declaration under section 3 as to whether any Act or subsidiary legislation or any Bill for an Act or any provision thereof is compatible with the Constitution whether or not there is any other party to the application or proceedings. Declaration regarding compatibility. 3.(1) The Supreme Court shall have original jurisdiction to hear and determine any application made under section 2. (2) The Supreme Court may if it is satisfied that any Act or subsidiary legislation or any Bill for an Act or any provision thereof−

(a) is incompatible with the Constitution, make a declaration of incompatibility; or

(b) is compatible with the Constitution, make a declaration of

compatibility. (3) A declaration under this section does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given. Power to make rules. 4. The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers conferred upon it by or under this Act.