The UK Overseas Territories and their Governors
The paper describes the role of UK-appointed Governors in the Overseas Territories to make law and policy on reserved topics, such as external affairs.
This briefing sets out the roles and powers of UK-appointed Governors in the UK’s 14 Overseas Territories (OTs), and how they work with local governments.
What are the Overseas Territories?There are 14 UK OTs across the globe, but only 10 are permanently inhabited by British nationals. The majority of their estimated 290,000 inhabitants are British citizens.
The Territories all have historical links to the UK. They, along with the UK and its Crown Dependencies like Jersey, form one undivided realm where the King is sovereign. This means they have no separate international representation.
How are OTs governed?Each inhabited Territory has its own constitution and legislature, which is elected by its citizens. Territories also have Governors (sometimes called the Administrator or Commissioner), which are appointed by the UK Government.
The powers and responsibilities of the elected government and appointed Governor vary between territories. Bermuda and Gibraltar have almost full internal self-government, for example, while in the Pitcairn Islands the Governor remains the primary law-making authority.
The Commons Library briefings, The separation of powers in the UK’s Overseas Territories and UK Overseas Territories legislatures: Census 2023 provide further information on their legislatures, judiciary and executive branches and how these compare across the Territories.
What is the typical role of the Governor?Generally, the smaller a Territory’s population, the more law-making power or policy responsibility the Governor wields.
Policy responsibilitiesIn most OTs, the Governor retains responsibility for external affairs, defence, and internal security (such as the police and judiciary). One reason for their retention of external affairs is that the UK is responsible for the adherence of the OTs to any treaties applying to them.
In Anguilla, and St Helena the Governor has responsibility for international financial service regulation. These types of “reserve powers” mean the Governor can usually exercise their responsibilities without reference to the legislature or local government, though they often have to consult with them.
Legislative powersGovernors can have also significant law-making powers. Only three Territory constitutions do not allow the Governor to make laws: Bermuda, Montserrat, and St Helena (though they can in Ascension and Tristan da Cunha, which form part of the same Overseas Territory with St Helena).
The UK Parliament and Privy Council retain the right to make law for all the Territories, though this is not without controversy. See the Commons Library briefing, Representing the OTs in the UK Parliament and Government.
Other powersGovernors usually chair executive councils, issue pardons, and make grants of Crown land.
What does this paper cover?This paper is divided into five main sections:
- Section 1 describes the population and location of the OTs. For further background, see the Commons Library briefing, The UK Overseas Territories: An introduction.
- Section 2 provides an overview of UK–OT relations.
- A summary and table on pages 16 to 17 summarises the law-making powers of governors and policy-issues that are reserved to them in each OT. Appendix 1 provides the full sources for the table.
- Section 4 details how Governors can make, amend, and reject laws in each of the Territories, with some examples of their use.
- Section 5 describes how the governors exercise their responsibilities on the topics reserved to them in each Territory. It also provides examples of some recent controversies and tensions over the use of their reserve powers and their relationship with elected Territory Governments.