The UK has formalised the removal of its unused contingency to suspend parts of the Virgin Islands Constitution. The Virgin Islands Constitution (Interim Amendment) (Revocation) Order 2026 (S.I. 2026/100) was approved by the Privy Council at Buckingham Palace on 3 February 2026 and revokes the draft 2022 Order prepared following the Commission of Inquiry. (privycouncil.independent.gov.uk)
The instrument comes into force on 13 March 2026 and was laid before Parliament on 10 February 2026. It is made under sections 5 and 7 of the West Indies Act 1962, the standard enabling provisions used for constitutional Orders in Council for certain Overseas Territories.
The 2022 Order-never commenced-would have allowed temporary suspension of ministerial government and the House of Assembly, vacating offices including the Premier, and establishing a Governor‑led interim administration with an Advisory Council. Ministers made clear at the time that the Order would be laid but not brought into force, holding it in reserve. (virginislandsnewsonline.com)
Orders in Council are a form of delegated legislation approved personally by the Sovereign at a Privy Council meeting. Many are statutory and, where made under post‑1948 Acts, take the form of Statutory Instruments published in the numbered SI series. (privycouncil.independent.gov.uk)
Revocation now matters because it closes off the pre‑existing legal route to impose an interim administration without fresh primary or secondary legislation. Although the 2022 Order never commenced, it sat on the statute book as a readied mechanism. Removing it resets the constitutional baseline to the 2007 Constitution as applied, rather than a contingency framework held in reserve.
The policy backdrop is clear. On 13 October 2025, the Minister of State for the Foreign, Commonwealth and Development Office told the House that progress on governance reforms meant an interim administration was “not required or justified” and that the draft Order in Council would be revoked, while instituting twice‑yearly public reporting by the Governor. (hansard.parliament.uk)
In practical terms, nothing changes for officials, the House of Assembly or ministers on 13 March beyond the formal removal of the contingency instrument. The 2007 Constitution continues in force and no transitional provisions are engaged. The Explanatory Note to S.I. 2026/100 confirms no significant impact on UK sectors and records that no impact assessment was produced.
For the Territory, the revocation aligns with the UK’s earlier indication that withdrawal would follow once governance milestones were met. The Government of the Virgin Islands has also confirmed that formal constitutional negotiations with the UK are due to begin in early 2026. (gov.vg)
Procedurally, Privy Council Orders approved as Statutory Instruments are published on legislation.gov.uk; the Privy Council Office also records meeting dates and notes that statutory Orders may require laying before Parliament depending on the parent Act. (privycouncil.independent.gov.uk)