How To Check Whether Falkland Islands Laws Applied In The Dependencies

How to check whether Falkland Islands law was applied to South Georgia and South Sandwich Islands:





Consider the ambit of the Letters Patent 23 June 1843

Consider wording of the legislation

Consider application of Administration of Justice Ordinance 1853 section 62: “That in this or any Ordinance, unless there is anything in the subject or context repugnant to such construction… and the words “Falkland Islands” shall be understood to mean “the Falkland Islands and the Dependencies thereof”

Review Interpretation and General Law Ordinance 1900 generally and section 28 with regard to the definition of “Colony” etc in particular.  (see Interpretation page)

Note: not all Ordinances from this period are available from this website.  Please refer to the Falkland Islands national archive if more information is required.

Dependencies – law by notice


Check whether notice to that effect was published in the Gazette pursuant to Dependencies Ordinance 1908 s3 – Tables

Consider wording of the legislation – may include assertion that it applied to the Dependencies.

Interpretation and General Law Ordinance 1900.

See note below on the confusion that arose in applying the Dependencies Ordinance 1908 procedures.

Dependencies – separate Ordinances


Check whether the relevant primary or secondary legislation is published in the 1951 Consolidation and was shown as applying to the Dependencies.

Check whether the law originated in the Falkland Islands. If so check whether the provisions of the Application of Colony Laws Ordinance (Cap 1 DS) that came into force on 1 January 1949 were followed – in other words:

1. the requirement for a separate Ordinance of the Dependencies to be enacted applying the Falkland Islands Ordinance to the Dependencies – typically by way of an Application of Colony Laws Ordinance; or

2. in the case of secondary legislation that it had direct effect.

Note: there is a significant body of law from this period that remains in operation.

Check whether the law was an Ordinance of the Dependencies.

British Overseas Territory

1985-to date

As an entirely separate jurisdiction South Georgia and South Sandwich Islands produces its own Ordinances (although on at least one occasion such an Ordinance simply adopted and applied a Falkland Islands Ordinance).1

[1] Pensions (Amendment) Ordinance 1994