Author Topic: Emergency Procedures Act (2017)  (Read 1168 times)

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Offline CGJ

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Emergency Procedures Act (2017)
« on: September 13, 2017, 05:46:02 PM »
This legislation is not yet in force

Emergency Procedures Act (2017)

An Act to repeal the Emergency Procedures Act (2014), establish procedures to deal with emergency situations that threaten the existence and integrity of the Independent Order, and for connecting purposes.

BE IT ENACTED by Her Excellency the Grand Chancellor, exercising powers under section (4) of the State of Emergency Order (2017), and with the advice and consent of the Council of Nobility, as follows:

State of Emergency

(1) If the Grand Chancellor determines that a condition exists in the Independent Order that:
(a) Threatens the independence of the region from external control;
(b) Threatens the execution of the laws of the region; or
(c) Otherwise subverts the constitutional order of the region,
and that the Regional Assembly, Premier, and/or Cabinet of the Independent Order are incapable or unwilling to address the issue, or that any of these offices have been compromised by foreign agents, they may, by Order, declare a State of Emergency.

(2) When declaring a State of Emergency the Grand Chancellor shall establish a Council of the Nobility (the ‘Council’), which shall consist of at least 5 members of the Nobility.

(3) During a State of Emergency the Grand Chancellor shall have the right, with the advice and consent of the Council to:
(a) Enact any primary legislation, secondary legislation, subordinate legislation or statutory instrument; or
(b) Make use of any power vested in or exercised by the Grand Chancellor, Premier, Cabinet or Regional Assembly.

(4) A State of Emergency may last up to three months, but may end earlier on a day appointed by the Grand Chancellor with the advice and consent of the Council of Nobility.

(5) At the end of the three month period the Grand Chancellor must either end the State of Emergency, or seek permission to extend the State of Emergency by a referendum of pre-emergency residents of the Independent Order.

Reservations

(6) No enactment under section (3) may amend, or enable the amendment of:
(a) The Constitution of the Independent Order;
(b) The Criminal Code (2013); or
(c) This Act
but such enactments may:
(d) Temporarily suspend provisions for subsections (a) and (b), for the duration of the State of Emergency; or
(e) Provide for consequential or transitionary arrangements.

(7) Should the Premier, Speaker of the Regional Assembly, Lord Chief Justice or any Cabinet member not be a member of the Nobility, then the Grand Chancellor may appoint them honorary non-voting members of the Council.

(8) Should the Grand Chancellor wish to extend a State of Emergency under section (5) but:
(a) Is unable to determine who consists of ‘pre-emergency residents’; or
(b) Has determined that allowing any one or more of the pre-emergency residents to participate in a referendum would constitute a risk under section (1)
then they may, with the unanimous consent of the Council, declare a fresh State of Emergency.

(9) Except under the conditions prescribed in section (8), the Grand Chancellor may not declare a new State of Emergency:
(a) If the previous State of Emergency lasted less than 45 days, within 14 days; or
(b) If the previous State of Emergency lasted longer than 45 days, within 30 days
of the end date of the previous State of Emergency.

(10) The Grand Chancellor may suspend the appeals to the High Court during the State of Emergency, but members shall have a right to make appeals relating to matters occurring during the State of Emergency once the State of Emergency has ended.

Miscellaneous Provisions

(11) Emergency Procedures Act (2014) is repealed.

(12) No Order made under this Act shall require the approval of the Regional Assembly.

(13) This Act shall come into force on the end date prescribed by section (1) of the State of Emergency (Termination) Order (2017).
The Most Honourable Marquess CGJ
Vice Chancellor


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