Given the considerable body of primary legislation that applies or applied in South Georgia and South Sandwich Islands that originated elsewhere, it is perhaps not surprising that there are laws that seek to assist in applying these laws in the territory.
Section 12 of The South Georgia and South Sandwich Islands Order 1985 (S.I. 1985 No. 449) provides:
“Subject to the provisions of this Order, and except to the extent that they may be repealed, amended or modified by laws made under section 9 of this Order or by other lawful authority, the laws in force in the Territories immediately before the commencement of this Order shall continue in force in the Territories but shall be applied with such adaptions, modifications and exceptions as are necessary to bring them into conformity with the provisions of this Order.”
Necessarily the adaptions, modifications and exceptions that are needed depend upon the relevant law in question and the practical application of the law to South Georgia and South Sandwich Islands. The most common adaptions and modifications relate to the need to substitute the relevant offices or officers of South Georgia and South Sandwich Islands for those of the Falkland Islands.
The Commissioner has published informal adapted etc versions of the:
The power of adaption has also been used in relation to immigration laws.
Interpretation and General Clauses Ordinances and similar
The current Interpretation and General Clauses Ordinance applying in the territory is the Falkland Islands derived:
- Interpretation and General Clauses Ordinance (enacted in 1977 but correctly cited without reference to the year it was enacted) 1
The Interpretation and General Clauses Ordinance was amended in 1978 by:
It was amended again by Interpretation and General Clauses (Amendment) Ordinance 2005.
Previous interpretative and general clauses Ordinances have included:
- Interpretation and General Law Ordinance Cap 33 (in force from 1 January 1949)
- Interpretation and General Law Ordinance 1900
(Both of these Ordinances were amended prior to being repealed.
Both the Administration of Justice Ordinance 1853 and the Administration of Justice Ordinance 1851 contained an interpretation of laws section.)
Key terms, terminology and interpretation
In legislation terms such as ‘Colony’; and ‘Falkland Islands’; ‘Dependencies’ have been given different meanings at different times. Rules were provided to aid interpretation such as:
- Administration of Justice Ordinance 1851 section 55 which included:
“That in this Ordinance or any Ordinance which has been or shall be passed by the Governor with the advice and consent of the Legislative Council… the words “Falkland Islands” shall be understood to mean “the Falkland Islands and the Dependencies thereof” unless there are words to restrict their meaning…”
- Administration of Justice Ordinance 1853 section 62 which included the following: “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”
- Interpretation and General Law Ordinance 1900 section 28 states: regulation 2 which stated:
“In the construction of Ordinances, whether passed before or after the commencement of this Ordinance, the following rules shall be observed, unless otherwise expressly provided for, or unless such construction would he inconsistent with the intention of the Ordinance or repugnant to the context, that is to say: —
(a) …
“The Colony” shall mean the Colony of the Falkland Islands and their Dependencies…”
However notwithstanding Interpretation and General Law Ordinance 1900 section 28 sometimes the term ‘Colony’ had to be restated – eg:
- Wireless Telegraphy (Interpretation) Regulations 1934 regulation 2 which stated:
“For the purpose of removing doubts it is hereby declared that the expression “the Colony” in the Wireless Telegraphy Regulations 1926 means the Colony of the Falkland Islands and their Dependencies.”
With the constitutional changes of the late 1940s early 1950s there were several changes all of which stated or deemed to have come into force on 1 January 1949. These changes included:
- Interpretation and General Law Ordinance 1949 which included the following:
“In this Ordinance and in all Ordinances, Orders in Council, Proclamations, Regulations and Notices now in force or hereafter to be made, the following words and expressions shall have the meanings hereby assigned to them respectively unless such construction is inconsistent with the context or unless it is otherwise expressly provided therein:
…
‘The Colony’ means the Colony of the Falkland Islands and its Dependencies.
…”
- Revised Edition of the Laws Amendment Ordinance 1950 which changed the definitions of ‘Colony’ and ‘Dependencies’ to:
“’The Colony’ in any Ordinance which is expressed to apply to the Colony means the Colony of the Falkland Islands, and shall be deemed to include territorial waters: in any Ordinance which is expressed to apply to the Colony and the Dependencies, or is or has been applied to the Dependencies, it includes the Dependencies and the territorial waters thereof.”
- Interpretation and General Law (Amendment) Ordinance 1951 made the following change:
“The following definitions shall be substituted for the Amendment of definitions of “the Colony” and “the Dependencies” in subsection (1) of section 2 of the Principal Ordinance :
‘the Colony’ means the Colony of the Falkland Islands and shall be deemed to include the territorial waters thereof.”
‘the Dependencies’means the Dependencies of the Colony of the Falkland Islands and shall be deemed to include the territorial waters thereof.”
Later – and currently in force we have:
“ ‘The Colony’ means the Colony of the Falkland Islands and shall be deemed to include the territorial waters thereof.
‘The Dependencies’ mean the Dependencies of the Colony of the Falkland Islands and shall be deemed to include the territorial waters thereof.”
1. This was applied in the Dependencies by Application of Colony Laws Ordinance 1977
2. This amendment was applied in the Dependencies by Application of Colony Laws Ordinance 1978