At the Court at Buckingham Palace
THE 14th DAY OF DECEMBER 2006
THE QUEEN’S MOST EXCELLENT MAJESTY IN COUNCIL
Whereas Gibraltar is part of Her Majesty’s dominions and Her Majesty’s Government have given assurances to the people of Gibraltar that Gibraltar will remain part of Her Majesty’s dominions unless and until an Act of Parliament otherwise provides, and furthermore that Her Majesty’s Government will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes:
And whereas the people of Gibraltar have in a referendum held on 30th November 2006 freely approved and accepted the Constitution annexed to this Order which gives the people of Gibraltar that degree of self-government which is compatible with British sovereignty of Gibraltar and with the fact that the United Kingdom remains fully responsible for Gibraltar’s external relations:
Now, therefore, Her Majesty, by virtue and in exercise of all the powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:-
Citation, commencement and interpretation
(1) This Order may be cited as the Gibraltar Constitution Order 2006.
(2) This Order shall be published in the Gazette and shall come into force on the day it is so published.
(3) In this Order –
“the appointed day” means such day as may be prescribed by the Governor by proclamation in the Gazette;
“the Constitution” means the Constitution set out in Annex 1 to this Order;
. . . . . . .
Governor’s special responsibilities
47- (1) The Governor, acting in his discretion, shall be responsible in Gibraltar for the conduct (subject to this Constitution and any other law) of the following matters –
(a) external affairs;
(c) internal security, including (subject to section 48) the police;
(d) such functions in relation to appointments to public offices and related matters as are conferred on him by this Constitution:
Provided that the Governor shall in respect of external affairs as far as practicable act in consultation with the Chief Minister.
(2) For the avoidance of doubt it is declared that any matter which falls outside the special responsibilities of the Governor set out in subsection (1), or which is not a function which this Constitution or any other law requires the Governor to exercise in his discretion, is the responsibility of Ministers.
(3) Without prejudice to the United Kingdom’s responsibility for Gibraltar’s compliance with European Union law, matters which under this Constitution are the responsibility of Ministers shall not cease to be so even though they arise in the context of the European Union.
(4) The exercise by the Governor of his responsibility for external affairs and defence is without prejudice to the overall responsibility of Her Majesty’s Government in the United Kingdom for these matters.
. . . . . . .
ANNEX 2 TO THE ORDER
TRANSITIONAL AND OTHER PROVISIONS
Power of Her Majesty
8. There is retained by Her Majesty full power to make laws from time to time for the peace, order and good government of Gibraltar (including, without prejudice to the generality of the foregoing, laws amending or revoking the Constitution).