Westminster Policy News & Legislative Analysis

UK revokes 2022 Virgin Islands interim constitution order

An Order in Council has revoked the unused 2022 interim constitutional instrument for the Virgin Islands. The Virgin Islands Constitution (Interim Amendment) (Revocation) Order 2026 (S.I. 2026/100) was approved at the Privy Council meeting on 3 February 2026, appeared on the UK’s daily list of Statutory Instruments on 10 February, and comes into force on 13 March 2026. (privycouncil.independent.gov.uk)

The measure being revoked-The Virgin Islands Constitution (Interim Amendment) Order 2022 (S.I. 2022/627)-would, if commenced, have suspended provisions of the 2007 Constitution relating to ministerial government and the House of Assembly, vacated the offices of Premier and Ministers, dissolved the legislature, and temporarily transferred executive and legislative functions to the Governor with advice from an appointed Advisory Council. The 2022 Order specified commencement only by a proclamation of the Governor; no such proclamation was issued and the power remained a reserve backstop. (yourconstitution.vg)

The legal basis is unchanged. Both the 2022 Order and its 2026 revocation are made under sections 5 and 7 of the West Indies Act 1962, the statutory framework used by the UK to provide for, and amend, constitutional arrangements in certain territories; Orders made under these provisions are laid before both Houses after being made. (yourconstitution.vg)

The timing aligns with prior government statements. In December 2025 the Government of the Virgin Islands reported that the UK had confirmed the 2022 Order would be revoked in March 2026, alongside plans to open formal constitutional negotiations in the first quarter of 2026. The Premier’s 2026 Budget Address linked the change to completion of governance reforms undertaken since 2022. (gov.vg)

Immediate impact is administrative tidying rather than operational change. Because the 2022 Order never commenced, ministerial government and the House of Assembly continued without interruption; revocation removes the dormant UK reserve power contained in that specific instrument and clarifies the statutory position ahead of negotiations. (yourconstitution.vg)

For officials preparing guidance, key reference points are 3 February 2026 (approval at Privy Council), 10 February 2026 (appearance on the daily SI list), and 13 March 2026 (commencement). Internal materials that previously referenced the 2022 backstop should be updated to reflect its revocation from 13 March. (privycouncil.independent.gov.uk)

The underlying constitutional framework remains the Virgin Islands Constitution Order 2007, as amended in 2015. The Eastern Caribbean Supreme Court continues to have jurisdiction; the Governor’s reserved responsibilities under the 2007 Order are unaffected by this revocation. (gov.vg)

Next steps will be shaped by the UK–Virgin Islands talks flagged for early 2026. Any agreed textual changes to the 2007 Order would be implemented through further UK secondary legislation, subject to the usual constitutional processes. (gov.vg)

As with similar constitutional Orders, the Privy Council Office does not host the instrument text; statutory instruments approved at Privy Council are published on legislation.gov.uk, with publication details also recorded on the UK’s official daily SI list. (privycouncil.independent.gov.uk)