Foundation

1775 – 1843

Foundation from when Captain Cook took possession of South Georgia on behalf of the Crown to the establishment of the Dependencies into a Colony with the Falkland Islands. During this period the underpinnings of English law applied including – Royal Prerogatives (including Orders in Council), English Common Law, doctrines of Equity etc. together with relevant statutes of the United Kingdom¹ Parliament. There was no formal ‘local’ law making.

Colony

1843 – 1908

By way of Letters Patent dated 23 June 1843 the Governor with the advice of the Legislative Council of the Falkland Islands was empowered to: “make and establish all …Laws, Institutions and Ordinances as may from time to time be necessary for the peace, order and good government of Our subjects and others within the said present or future Settlements in the … Falkland Islands and their Dependencies…”  ² This power was subject to the underpinnings of English law and in particular the right retained by the Crown to disallow any local Ordinance etc.

Dependencies – law by notice

1908 – 1948

Following the issuing of the Letters Patent of 21 July 1908 which included: “It shall be, and shall be deemed always to have been, competent for the Governor, by and with the advice and consent of the Legislative Council of Our Colony of the Falkland Islands to make laws for the peace, order and good government of the Dependencies.” ³ ….and the enactment of the Dependencies Ordinance 1908 the laws of the Colony of the Falkland Islands and Dependencies only applied in the Dependencies subject to the provisions of the Dependencies Ordinance 1908 being satisfied.  Principally this related to the posting of notices in the Falkland Islands Gazette that specific Falkland Islands Ordinances were to be applied in the Dependencies.⁴ In this period there was some confusion how Falkland Islands Ordinances were to be applied to the Dependencies.⁵ Some of this confusion arose from the definition of ‘Colony’ in the Interpretation and General Clauses Ordinance 1900 (which included the Dependencies). More confusion came in determining whether Dependencies Ordinance 1908 created two mechanisms whereby Falkland Islands laws had effect in the Dependencies or one. On occasion Ordinances were passed with express declarations that they applied to the Dependencies.⁶ As previously this power was subject to the underpinnings of English law and in particular the right retained by the Crown to disallow any local Ordinance etc. Ordinances etc. applied in the Dependencies were to be in force: “only as the circumstances of the Dependencies and their inhabitants permit and subject to such qualifications as local circumstances render necessary.” ⁷

Dependencies – separate Ordinances

1949 – 1985

The Letters Patent of 13 December 1948 ushered in significant constitutional changes in the relationship between the Falkland Islands and its Dependencies.  The Falkland Islands lost its ability to legislate for the Dependencies.  The Dependencies Ordinance 1908 was significantly amended and recast into the Application of Colony Laws Ordinance (Cap1 DS) setting out these changes and providing what Falkland Islands Ordinances were to apply in the Dependencies and how to interpret them.  These arrangements provided for the automatic extension of Falkland Islands secondary legislation to the Dependencies where the principal Ordinance was in force there. These constitutional changes also took place at the same time as the Falkland Islands was working to produce a consolidated publication of all the legislation in force in the Colony and the Dependencies as at 31 December 1950.   The Consolidation – referred to in these pages as the 1951 Consolidation was published in 1951 and came into force in both the Falkland Islands and the Dependencies on 12 March 1953.  (Two separate proclamations were required to do this – one for the Falkland Islands, the other for the Dependencies.) Many of these Ordinances are still in effect in South Georgia and the South Sandwich Islands. In addition to the 1951 Consolidation some 35 Application of Colony Laws Ordinances were enacted applying more than 170 Falkland Islands Ordinances to the territory in this period.  In addition, several separate Ordinances were enacted solely for the Dependencies.  Many of these Ordinances remain in force.

British Overseas Territory

1985 – to date

From 3^rd October 1985 onwards and subject to the provisions of The South Georgia and South Sandwich Islands Order 1985 the Commissioner of South Georgia and South Sandwich Islands can enact Ordinances for the territory. This is subject to the underpinnings of English law and the right retained by the Crown to disallow any local Ordinance etc. The South Georgia and South Sandwich Islands Order 1985 confirmed the continuance of the existing laws.