The Emergency Powers Act

Under this Act the Governor is given wide-ranging powers during any “period of emergency”. The Act recognises two instances where a period of emergency is deemed to exist: firstly, at any time that Her Majesty is at war, and secondly where a declaration of emergency is in force pursuant to section 17 of the constitution.

If it appears to the Governor that a state of war exists, or that a public emergency has arisen because of disease or a natural or man-made disaster, he may by Proclamation declare that a state of emergency exists. He can also do so where he perceives that the actions of any person will endanger public order or public safety, or will deprive the community of services and supplies essential to life. He must be satisfied that the Proclamation is justifiable in the interests of defence, public safety, public order or public health.

Every declaration of a state of emergency lapses at the expiration of ninety days, although it can presumably be renewed by a fresh declaration. Alternatively, the Governor can revoke the declaration at any time that he thinks fit. A declaration may apply to the whole of Anguilla, or only to a part or parts of the island.

During a period of emergency the Governor has absolute power to make regulations for dealing with the situation existing in the island. These regulations may confer or impose on any Minister, Government Department, civil servant or other person in Her Majesty’s service any powers and duties considered by the Governor to be necessary for dealing with the situation.
In particular, the regulations made by the Governor may provide for:
(a) the detention of persons, and the deportation and exclusion of persons from Anguilla;
(b) the taking of possession or control of any property or business;
(c) the acquisition of any property other than land;
(d) the entering and search of any premises; and
(e) the payment of compensation or remuneration to persons affected by the regulations.
The regulations may also provide for the swift summary trial of persons charged with offences against the regulations. The maximum penalty is imprisonment for 12 months, a fine of $10,000 or both.

Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, The Babrow Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.