The final Ordinance in Volume 1 of the 1951 publication of ‘The Laws of the Colony of the Falkland Islands and its Dependencies’ is the Application of Colony Laws Ordinance (Cap 1 DS). This Ordinance is Chapter 1 (and in fact the sole entry) in the Dependencies Series of Ordinances.
In the period 1949-1985 this Ordinance had significant constitutional importance as it regulated how Falkland Islands Ordinances and secondary legislation applied in the Dependencies. Even now the Ordinance remains of importance when considering and interpreting laws from this period that remain in force.
With the coming into force of Application of Colony Laws Ordinance (Cap 1 DS) no Ordinances of the Falkland Islands passed after 1 January 1949 automatically applied in the Dependencies – although secondary legislation did. New Ordinances applying in the Dependencies from this date had to be enacted as Ordinances of the Dependencies. See the page How To Check Whether Falkland Islands Laws Applied In The Dependencies and Application of Colony Laws Ordinance (Cap 1 DS) for more information
Origin
This Ordinance emerged from:
- Dependencies Ordinance 1908;
- Eight Ordinances that amended the Dependencies Ordinance 1908 in the period 1950-1951; and
- The consolidation process that produced the 1951 publication of ‘The Laws of the Colony of the Falkland Islands and its Dependencies.’
In essence the Application of Colony Laws Ordinance is a heavily amended, consolidated and retitled Dependencies Ordinance 1908.
Key dates in the Ordinance emerging, applying etc:
6 Dec 1943
Revised Edition of the Laws Ordinance
The first in a series of Ordinances that paved the way for the 1951 publication of ‘The Laws of the Colony of the Falkland Islands and its Dependencies.’
13 Dec 1948
Letters Patent and Royal Instructions
Part of the suite of documents that pave the way for the new constitutional arrangements – includes the words of enactment to be used going forward for the Dependencies:
“Enacted by the Governor of the Falkland Islands and the Dependencies thereof”
1 Jan 1949
Retrospective date chosen for the Application of Colony Laws Ordinance to take effect.
Note the significance of this with regard to section 6 which applies the 64 Ordinances marked with an * in the Ordinances published Dependencies
30 Dec 1950
Promulgation of:
(1) Revised Edition of the Laws (Amendment) (Dependencies) Ordinance 1950;
(2) Dependencies (Amendment) Ordinance 1950
Repeals significant parts of Dependencies Ordinance 1908 retrospectively from 1 Jan 1949
24 Apr 1951
Promulgation of:
(1) Dependencies (Amendment) Ordinance 1951
Repeals six sections of Dependencies Ordinance 1908 and inserts key provisions relating to the application of Colony Ordinances retrospectively from 1 Jan 1949 in the Dependencies such as:
(i) The need for a Dependencies Ordinances to apply Colony laws;
(ii) How to interpret Falkland Islands related wording in a Dependencies context;
(iii) Avoidance of liability solely based on Colony Ordinances being applied in the Dependencies retrospectively.
(2) Interpretation and General Law (Amendment) (Dependencies) Ordinance 1951
Applies the Colony’s Interpretation and General Law (Amendment) Ordinance 1951 retrospectively from 1 Jan 1949
30 Jul 1951
Promulgation of Application of Ordinances of the Colony (Dependencies) Ordinance 1951
Applies four Colony Ordinances to the Dependencies including:
Revised Edition of the Laws (Amendment) Ordinance 1951
1 Dec 1951
Promulgation of:
(1) Application of Colony Laws Ordinance 1951
(i) Applies 16 Colonial Ordinances to the Dependencies some with significant retrospective effect;
(ii) Covers the position that the repeal of s3 Dependencies Ordinance 1908 (applying Colony Ordinances to the Dependencies by notice) has not affected the application of the Ordinances applied that way – noting that the final Notice was made on 9 Jan 1950.
(2) Dependencies (Amendment) (No2) Ordinance 1951
Amends the avoidance of liability through retrospective effect provision by the insertion of the words “unless a contrary intention appears.” This is deemed to have come into effect on 1 January 1949.
(3) Revised Edition of the Laws (Amendment) (Dependencies) Ordinance 1951
12 March 1953
Date when the 1951 publication of ‘The Laws of the Colony of the Falkland Islands and its Dependencies’ took effect
5 Sep 1966
Promulgation of Application of Colony Laws (Amendment and Validation) Ordinance 1966
Makes minor amendment to the Ordinance – and clarifies that the provision relating to secondary or subsidiary legislation applies to all types of secondary legislation. Also validates the application of such secondary legislation in the Dependencies.
3 Oct 1985
With the creation of South Georgia and South Sandwich Islands as a separate Overseas Territory the importance of this Ordinance is reduced to being relevant only to those Falkland Islands Ordinances and secondary legislation applied in the Dependencies in the period 1 Jan 1949 – 3 Oct 1985.
Citation and the risk of confusion
The long title to this Ordinance is:
“An Ordinance to provide for the application to the Dependencies of Certain Ordinances of the Colony.”
The short title to this Ordinance is: ‘Application of Colony Laws Ordinance.’ Unfortunately since this Ordinance was published in 1951 there have been around 40 Ordinances with very similar short titles.
The correct short title citation does not include reference to any date. All the other Application of Colony Laws Ordinances do include a date in their short title. Given that the Application of Colony Laws Ordinance emerged through:
- a series of amendments and retitling of the Dependencies Ordinance 1908;
- the consolidation process attendant on producing 1951 publication of ‘The Laws of the Colony of the Falkland Islands and its Dependencies’; and
- was applied retrospectively
choosing a date to apply to it solely for the purpose of distinguishing from other Ordinances has its difficulties. There would be some logic in ascribing ‘1949’ given that it came into force on 1 January 1949. However, it did not emerge into the form it was published in the 1951 publication of ‘The Laws of the Colony of the Falkland Islands and its Dependencies’ until December 1951. The form the Ordinance took in that publication took account of six amending Ordinances all dating from 1951 notwithstanding that the 1951 publication of ‘The Laws of the Colony of the Falkland Islands and its Dependencies’ published the laws in force on 31 December 1950!
The Ordinance is referred to Chapter 1 (DS) in 1951 publication of ‘The Laws of the Colony of the Falkland Islands and its Dependencies.’
Both for ease of reference and in an attempt to minimise confusion the following convention is adopted for this website:
- the Ordinance is referred to as Application of Colony Laws Ordinance (Cap 1 DS); and
- all Application of Colony Laws Ordinances that had as their primary function the application of Falkland Islands laws in or to the Dependencies are referred to as ‘ACLOs’ and are cited with reference to their year – eg ACLO 1959 and if there was more than one ACLO in that year the second or subsequent ACLO includes the relevant number – eg ACLO2 1957. In 1965 there were two ACLOs given the same short title ‘Application of Colony Laws Ordinance 1965.’ The second one of these is referred to as ACLO(2) 1965.