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Local Government (Amendment) Ordinance 2009

PITCAIRN, HENDERSON DUCIE & OENO ISLANDS

No 6 of 2009

Enacted by the Governor of the Islands
of Pitcairn, Henderson, Ducie and Oeno

LOCAL GOVERNMENT (AMENDMENT) ORDINANCE 2009

DATE MADE: 10 July 2009

An ordinance to amend the Local Government Ordinance, cap. 11

Title and commencement

1. This Ordinance may be cited as the Local Government (Amendment) Ordinance 2009 and shall come into force on the 28^th day after it is made.

Section 2 of the Local Government Ordinance amended.

2. Section 2 of the Local Government Ordinance is amended by:

(1) omitting the following definitions:

(a) "Chairman" means the person from time to time holding the office of Chairman of the Internal Committee under the provisions of this ordinance'; and

(b) "Internal Committee" means the Internal Committee constituted under the provisions of this ordinance'; and

(2) adding the following definition in appropriate alphabetical order:

"election year" has the meaning set out in section 11A.'

New heading

3. The heading above section 3 in the Local Government Ordinance is amended by omitting "AND INTERNAL COMMITTEE":

New section 3(1)

4. Section 3(1) is hereby repealed and the following section substituted:

"3. — (1) There shall be the following elected officials to be known as Island Officers —

(a) the Mayor, who shall be:

(i) elected for a term of 3 years;

(ii) eligible, upon expiry of his or her term of office, to be elected Mayor for a second term of 3 years;

(b) the Deputy Mayor, who shall be elected for a 2 year term; and

(c) four Councillors, who shall each be elected for a 2 year term.

New section 3(4)

5. Section 3 is amended by the addition of a new subsection (4):

(4) A person who has been elected to the office of Mayor in two consecutive Mayoral elections shall not be eligible to stand for election as Mayor at the next following Mayoral election, but shall be eligible to stand at the next or any subsequent Mayoral election after that.

Section 4(2) amended

6. Section 4(2) is amended by, after the expression "his or her duties", omitting "the Chairman of the Internal Committee", and substituting "the Deputy Mayor".

New sections 4(3) and 4(4)

7. (1) Section 4(3) is repealed and the following subsections substituted:

"(3) If the Mayor shall by reason of illness, absence from the Islands or otherwise become temporarily incapable of performing his or her duties, the Deputy Mayor shall act in the office of Mayor until such time as the Mayor resumes his or her duties or the office of Mayor becomes vacant, and while so acting the Deputy Mayor shall have all of the powers and exercise all of the duties of the Mayor as though he or she had been elected to such office under the provisions of this ordinance."

(4) If the office of any Island Officer (other than the Mayor) becomes vacant and at the time that the vacancy occurs the unexpired period of that Officer's term is 120 days or greater there shall be a by-election for that office and the person or persons elected shall hold office for the remainder of the term that would have been served by the person whose office became vacant.

(5) The by-election shall be conducted in accordance with the provisions of Part III of this Ordinance with the following amendments:

(a) The Island Secretary shall prepare and publicly notify the list required by s 12(1) within 5 days of the vacancy occurring;

(b) Any objections of the type possible under s 12(2) must be made within 3 days of public notification;

(c) The Council shall at a meeting held not later than 10 days after the vacancy has occurred set and publicly notify an election day on which the by-election shall be held, which shall be a day not earlier than 15 nor later than 20 days after the vacancy occurred.

(6) The office of Deputy Mayor shall be deemed to become vacant when the Deputy Mayor succeeds to the office of Mayor under subsection (2) but not when, in terms of subsection (3), the Deputy Mayor acts in the office of Mayor while the Mayor is temporarily incapable.

(7) If the office of any Island Officer (other than the Mayor) becomes vacant and at the time that the vacancy occurs the unexpired period of that Officer's term is less than 120 days the Council shall at a meeting held not later than 10 days after the vacancy has occurred appoint a person to be a member of the Council for the balance of the term provided that the person so appointed is a person who would be eligible to stand for election to the Council.

Section 5(1) amended

8. Section 5(1) of the Local Government Ordinance is amended by omitting "every year" and substituting "every election year".

New sections 6(1), 6(2) and 6(3)

9. Sections 6(1), 6(2) and 6(3) of the Local Government Ordinance are repealed and the following sections substituted:

"6. —(1) There shall be an Island Council which shall consist of:

(a) the following voting members, namely-

(i) the Island Officers, who shall be elected members;

(ii) one person appointed as a member by the Governor to hold office at the Governor's pleasure until the next election day for Councillors;

(b) the following non-voting, ex officio, members, namely-

(i) the Governor;

(ii) the Deputy Governor;

(iii) the Governor's representative;

(iv) the Commissioner.

"(2) If any vacancy occurs in the Council by reason of the death, resignation, absence from the Islands or any other incapacity, other than a temporary absence or incapacity, of the member appointed under subsection (1)(a)(ii) the Council shall forthwith appoint such suitable person as it sees fit to hold the office so vacated, for the balance of the term of office of the person in whose place he or she is appointed; provided that:

(a) any person so appointed must be a person who is eligible for election to the Council under Part III; and

(b) notice of such appointment shall immediately be given to the Governor who may cancel such appointment and appoint any other person, being a person eligible for election under Part III, for the balance of the term of office of the person in whose place he or she is appointed.

(3) The Island Officers shall hold various portfolios, which shall be assigned by the Council.

Section 9 repealed

10. Section 9 of the Local Government Ordinance is repealed.

New Section 11A inserted

11. A new section 11A shall be inserted after section 11 as follows:

Election year defined

11A. The following years shall be election years:

(a) 2009 and every second year thereafter (for election of Deputy Mayor and Councillors);

(b) 2010 and every third year thereafter (for election of Mayor).

New section 12(1)

12. Section 12(1) is hereby repealed and replaced by the following:

"(1) The Island Secretary shall in the month of October in each year determine whether the year is an election year, and, if so, whether the election is for the office of Mayor or for Councillors, or both, and if it is an election year shall prepare a list of all persons qualified to vote which list shall be signed by the Mayor and publicly notified by affixing a copy of the same to the public notice board between the 1^st and 7thdays of November."

Section 13 amended

13. Section 13 is amended as follows:

(a) by the deletion in subsection (1) of the words "in each year" and the substitution of "in each election year";

(b) by the deletion of subsections (2) and (3) and the substitution of a new subsection (2) as follows:

"(2) The Island Council when appointing and notifying the election day shall specify in its public notice whether the election is for the officers of Councillors or Mayor or both.

Section 14 amended

14. (1) Section 14 is amended by deletion of the words "Chairman of the Internal Committee" on both occasions they appear and substitution of the words "Deputy Mayor".

(2) Section 14(b) is further amended by inserting after the words "not less than ten years" the following:-

"or five years respectively"

Section 16(2) amended

15. Section 16(2) of the Local Government Ordinance is amended by omitting "Chairman of the Internal Committee" and substituting "Deputy Mayor"