The Emergency Powers (Overseas Territories) Order 2017 (S.I. 2017/181)

Summary

This is a UK Order in Council (not a BVI Financial Services Commission instrument) that creates a standard emergency powers framework for certain British Overseas Territories. It lets a territory's Governor declare a state of public emergency and then make emergency Regulations to deal with threats to human welfare, the environment or security.

Importantly, the British Virgin Islands is not among the territories listed in Schedule 1 to which this Order extends. The territories covered are Anguilla, the British Antarctic Territory, the British Indian Ocean Territory, the Falkland Islands, Pitcairn, St Helena Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands, the Sovereign Base Areas of Akrotiri and Dhekelia, and the Turks and Caicos Islands (plus Gibraltar to a limited extent). The BVI has its own separate 1967 Emergency Powers Order referenced in the footnotes, so this 2017 Order does not directly govern BVI emergency powers.

• Trigger: A Governor of a listed territory who is satisfied a state of public emergency has occurred, is occurring, or is about to occur may make a Proclamation of Emergency.
• Regulation-making power: Once a Proclamation is made and statutory conditions (necessity, proportionality, urgency) are met, the Governor may make Regulations covering matters such as protecting life and property, restoring supplies of money, food, water, energy or fuel, restoring communications and transport, and protecting or restoring the activities of banks or other financial institutions.
• Limits: Regulations cannot require military service, cannot amend the Order itself or the territory's Constitution, and (for the Sovereign Base Areas) cannot be inconsistent with the Human Rights Ordinance 2004.
• Duration: A Proclamation of Emergency automatically lapses after 30 days unless revoked earlier or a shorter/extended period is specified; Regulations made under it lapse when the Proclamation expires unless the Governor directs their continuation.
• Offences: Failure without reasonable excuse to comply with emergency Regulations, directions or orders, or obstructing officials enforcing them, is an offence punishable by up to three months' imprisonment or a fine not exceeding £5,000 (or local currency equivalent).
• Revocations: The Order revokes and consolidates the Emergency Powers Order in Council 1939 (and its amendments) and the Leeward Islands (Emergency Powers) Order in Council 1959 as they applied to the listed territories.

Because the BVI is not a territory to which this Order extends, it imposes no direct, standing obligations on BVI-regulated entities such as banks, trust companies or other financial institutions; any emergency powers affecting the BVI would arise under its own separate instrument. This document is included here for general awareness of the UK-wide emergency powers regime rather than as a BVI compliance requirement.

Deadlines

• 16th March 2017: Date the Order comes into force.
• 30 days beginning with the day a Proclamation of Emergency is made: Maximum period a Proclamation of Emergency remains in effect unless revoked earlier or another period is specified.