The Legislative Branch of the British Virgin Islands (BVI) consists of the House of Assembly, which is a unicameral legislature. It is made up of 13 members: 9 elected and 4 appointed. The Speaker oversees the House, while the Premier, who is appointed by the Governor, leads the government.

The House of Assembly is responsible for making laws, approving budgets, and overseeing government actions. Laws are passed through several stages of debate before being sent to the Governor for royal assent. While the BVI has self-governance, certain matters, like constitutional changes, require approval from the British Government.

This branch ensures that laws reflect the will of the people, with elected representatives serving as voices for their constituencies.

The history of the legislature in the British Virgin Islands can be divided into two main periods: colonial legislatures in the 18th and 19th centuries, and the modern legislature following the re-introduction of democracy in 1950.

Modern Legislative Development

1. The First Legislative Council (1950)
   The first Legislative Council of modern times was formed in 1950 under the Constitution Act, 1950. It consisted of eight members:
   • Two ex-official members
   • Two nominated members
   • Four elected members
     Requirements for standing for election included income, property, and a deposit (forfeited if the candidate failed to secure a certain percentage of votes). The four members were elected Territory-wide.
      
2. The Constitution and Elections Ordinance (1954)
   In 1954, the existing constitutional provisions were replaced by the Constitution and Elections Ordinance, 1954. This expanded the elected membership to six, divided across five district seats (with Road Town having two representatives).
    
3. The 1967 Constitution
   The 1967 Constitution further expanded the elected membership to seven, with each district having a single representative.
    
4. The Elections Ordinance (1977)
   The Elections Ordinance, 1977, increased the number of district seats to nine.
    
5. The Elections Act (1994)
   The Elections Act, 1994 introduced four Territorial At-Large seats, alongside the nine District seats, resulting in a total of 13 elected members. This was in addition to the two ex-officio members: the Speaker and the Attorney General.
    

6. The 2007 Constitution
   Following the 2007 BVI Constitution, significant changes occurred.
   
   Change of name:
   The legislature’s name changed from Legislative Council to House of Assembly.

   Change of title for head of government:
   The title Chief Minister was replaced by Premier.

   Creation of a Cabinet system:
   The new Constitution established a formal Cabinet consisting of the Premier, four other Ministers, and the Attorney General (as a non-voting member), replacing the previous Executive Council.

   Introduction of the Director of Public Prosecutions (DPP):
   The role of the DPP was created, independent of the Attorney General, to handle criminal prosecutions — strengthening the separation of powers between legal advice and prosecution.

   Expanded fundamental rights and freedoms:
   The Constitution broadened protections for fundamental rights, including equality before the law, protection of the environment, protection of children, and rights related to education, health, and public service.

   Strengthened governance and accountability:
   Provisions were added to improve government transparency and accountability, including financial oversight mechanisms, provisions on public finance, and the role of the Auditor General.

   Strengthening of the opposition:
   The position of Leader of the Opposition was formalized with clearer duties and rights.

   Expanded role for the Governor:
   The Governor retained responsibility for external affairs, defense, internal security (including police), and the public service — with clearer definitions of roles in consultation with local elected officials.

   New framework for Belongership and Residency rights:
   The Constitution set out the framework for determining who is a “Belonger” of the Virgin Islands, with related rights and obligations.

   Power to make external agreements:
   The BVI Government was given the ability (subject to the Governor’s reserved powers) to engage in regional and international matters such as tourism, financial services, and trade.

This progression reflects the evolving structure of the British Virgin Islands' legislative system, transitioning from a colonial framework to a more representative and democratic governance model.

Legislative Council

House of Assembly

Chief Ministers / Premiers

Speakers Legislative Council

Speakers House of Assembly

Qualifications for election to the House of Assembly are regulated by Article 65 of the Constitution. These apply to the elected members, with no similar restrictions for the appointed members.

To stand for election as a member of the House of Assembly, a person must meet the following criteria:

Virgin Islander Status

A candidate must be a Virgin Islander, defined as a Belonger who meets one of the following criteria:

• Born in the British Virgin Islands to a parent who is a British Overseas Territories Citizen (by birth or descent).
• Born in the British Virgin Islands to a parent who is also a Belonger (by birth or descent).
• Born outside of the British Virgin Islands to a parent who is a Belonger (by birth or descent), provided one of their grandparents also belonged to the British Virgin Islands by birth.

Age and Voting Qualifications

The candidate must be over the age of 21 and otherwise qualified to vote in the Territory.

Residency Requirements

A candidate must be domiciled in the British Virgin Islands or have completed a period of residence. The residency requirements are as follows:

• A person who has never been domiciled in the British Virgin Islands must have resided in the Territory for at least 5 years immediately before their nomination.
• A person who was formerly domiciled in the British Virgin Islands but has lived outside the Territory for at least 10 years must have resided in the Territory for at least 3 years immediately before their nomination.

Transitional Provisions

A person who was qualified to stand under the previous Constitution (prior to 2007) remains qualified under the current Constitution, provided they were a Belonger born before 1986 and were resident and domiciled in the British Virgin Islands on the date the 2007 Constitution came into effect.

Disqualification from Election

A person may be disqualified from standing for election if they are not domiciled in the British Virgin Islands, unless they meet the residency criteria outlined above.

Eligibility Challenges

The High Court has jurisdiction to hear and determine any questions related to the eligibility of a person to stand for election. An application may be made by:

• A registered voter in the relevant district.
• A candidate in the district.
• The Attorney General.

District Seat Eligibility

There are no specific residency requirements for standing for election in a particular district. A candidate may stand for election in a district where they do not reside, and theoretically, may have never visited.

A person is disqualified from being elected as a member of the House of Assembly if:

• They hold any public office.
• They are declared bankrupt in any country.
• They are adjudged to be of unsound mind in any country.
• A sentence of death has been imposed upon them, or if they have served a term of imprisonment of at least 12 months within the previous five years.
• They are disqualified or suspended under the laws of the British Virgin Islands relating to election offences.
• They are a party to, or a partner in a firm, or a director or manager of a company, with any contract with the Government for a public service (unless they have published a notice in the Gazette or other British Virgin Islands newspaper disclosing the nature of the contract and their interest).