Act No. 11 of 31st March 1948 on the Home Government of the Faroe Islands

In recognition of the exceptional national, historical and geographical position held by the Faroes within the Realm, the Parliament of the Kingdom of Denmark (Rigsdagen), in conformity with the approval of the Parliament of the Faroes (Løgtingið), has passed, and His Majesty the King by Royal Assent confirmed, the following

Act on the Home Government of the Faroes

Section 1.
The Faroes are a self-governing nation within the Danish State, in accordance with this Act.
With due respect to the state boundaries the People of the Faroes, through its elected representatives, the Parliament (Løgtingið), and an executive established by it, the Government (Landsstýrið), shall assume the powers of Faroese Special Affairs as stated in this Act.

Section 2.
The matters and fields of responsibility included in the appended List A are in principle considered Faroese Special Affairs. The Home Government of the Faroes (the bodies referred to in the second sentence of Section 1) may determine that all or some of these matters and fields of responsibility shall forthwith be assumed by the Home Government with the consequence that the expenses involved are borne by the same. The Home Government may later determine to assume, with the same consequence, matters and fields of responsibility included in the list not previously assumed. In like manner the Home Government is under obligation to take over matters and fields of responsibility included in the list when the State Authorities so desire.

Section 3.
Regarding the fields of responsibility included in List B, further negotiations shall be held to determine whether and to what extent they may be transferred to Faroese Special Affairs.

Section 4.
The Home Government holds legislative and executive powers over fields of responsibility within its purview.
Acts passed by the Parliament of the Faroes and assented to by the Chairman of the Government of the Faroes shall be designated Løgtingslógir [Parliamentary Acts].

Section 5.
The Faroese self-government shall be subject to the limitations following from treaties and other international rights and obligations existing at any time.
The State Authorities decide matters concerning the foreign relations of the State.

Section 6.
Matters which, according to the present Act do not fall within the jurisdiction of the Faroese Home Government, shall be conducted by the State Authorities as Common Affairs of the State.
Matters of dispute regarding the powers of the Faroese Home Government as opposed to the State Authorities shall be referred to a tribunal consisting of two members appointed by the Danish Government and two appointed by the Faroese Government and three Supreme Court Judges appointed by the president of the Supreme Court, one of whom shall be designated as chairman. In case of agreement between the four members appointed by the Danish Government and the Faroese Government the matter is definitively decided. Failing this, the matter shall be decided by the three Supreme Court judges.
The Danish Prime Minister may suspend a decision which has been referred to the tribunal, until the tribunal has decided the matter.

Section 7.
Danish Government Bills containing provisions relating exclusively to the Faroes shall, before being introduced to the Danish Parliament, be submitted to the Faroese Home Government for consideration in order to secure that the Faroese Parliament has the greatest possible influence on the elaboration of such provisions. Other Danish Government Acts affecting conditions in the Faroes shall be submitted to the Faroese Home Government for consideration before they are given effect in the Faroes. In each case a time limit may be stipulated before the expiry of which the opinion of the Home Government shall be given. If for any compelling reason it has not been possible to effect the consultation provided for in this Section, the Act shall be submitted as soon as possible to the Faroese Home Government for comments.
The same procedure shall apply with regard to treaties and other international agreements which require the approval of the Danish Parliament and which affect special Faroese interests.

Section 8.
When the Faroese Home Government so requests an expert in Faroese matters shall, following negotiation with the Faroese Government, be appointed to the Danish Ministry of Foreign Affairs to assist the Ministry in dealing with matters concerning special economic interests of the Faroes. The expenses involved shall be paid by the Danish Treasury.
When the Faroese Home Government so requests, attachés shall, following negotiation with the Faroese Government, be assigned to Danish missions in those countries where the Faroes have special economic interests, to safeguard such interests. The expenses involved shall be paid by the Faroes.
The Faroese Home Government shall, following consultations, in each particular case, have the opportunity to assert the special interests of the Faroes in negotiations with foreign countries regarding agreements on trade and fishery.
Where matters of special interests to the Faroes are at issue, the Minister of Foreign Affairs may, at the request of the Home Government, authorise representatives of the Home Government to negotiate directly, with the Cupertino of the foreign service, provided such negotiations are not considered incompatible with the interests of the Realm.

Section 9.
Regarding Common Affairs it may be agreed, following negotiations, in which cases and to what extent it is possible to empower the Faroese Home Government to issue detailed regulations regarding specific Faroese matters and assume administration of the field of responsibility in question.

Section 10.
In a passport and a certificate of nationality issued in the Faroes to a Faroese the words ”Føroyingur” and ”Føroyar” shall be inserted after the words ”Dansk” and ”Danmark”. A person who is a Danish citizen and domiciled in the Faroes shall be deemed a Faroese.
The right of voting and eligibility for institutions of the Faroese Home Government may be conditional on the person concerned being a Faroese. No other legislative or executive distinction may be made between Faroese and other Danish citizens.

Section 11.
Faroese is recognised as the principal language, but Danish shall be taught well and carefully, and Danish may be used as well as Faroese in public affairs.
At the presentation of cases of appeal all Faroese documents shall be accompanied by a Danish translation.

Section 12.
A special Faroese flag is recognised. The Danish authorities fly the Danish flag in the Faroes, also on ships. Private persons and companies, associations and institutions may use the Danish flag on land. Otherwise, the rules governing the use of the Faroese flag in the Faroes and on vessels registered in the Faroes shall be a matter of Faroese Special Affairs.

Section 13.
All provisions in force in the Faroes, not in conflict with this Act, shall remain in force until amended or repealed by the proper authority.

Section 14.
The Faroes shall be represented in the Danish parliament by at least two members. While the Danish parliament is divided into the present two chambers, the Faroes shall be represented in the Upper House by one member, cf. Section 36 of the Danish Constitution, and in the Lower House by two members.

Section 15.
The Office of Prefect of the Faroes is abolished.
In replacement an office of High Commissioner is established. The High Commissioner is the supreme representative of the Danish State in the Faroes and the head of the Danish administration in the Faroes. The High Commissioner shall in official capacity have access to the Faroese Parliament and may participate in deliberations regarding all Common Affairs, however, without the right to vote. The High Commissioner shall be notified forthwith of decisions made by the Faroese Parliament or the Faroese Government, and copies of Faroese Parliamentary Acts and other regulations issued by the Faroese Home Government shall be communicated to him forthwith.
The High Commissioner shall assume the duties of the Prefect subject to the changes following from this Act until the respective area has been reorganised.

Section 16.
This Act comes into force on 1 April 1948.

Faroese Special Affairs

List A

The following fields of responsibility shall be designated Faroese Special Affairs and transferred with immediate effect to the Faroese Home Government or later transferred at the request of the Home Government or the Danish Government.

1. The Constitution of the Faroes within the framework of the new system.
Including – within the said framework – provisions with regard to the Parliament of the Faroes; legislation regarding elections to the Parliament of the Faroes; the executive power; the drafting, adopting, assent and promulgation of Parliamentary Acts; appointment, dismissal, conditions of service, salaries and pensions of civil servants.

2. Municipal affairs.
Including governing, supervision and taxation of the municipalities.

3. Public works and fire service matters; city planning; housing; tenancy; national registry.

4. Health service matters; medical practice, midwifery, hospital service, apothecaries.
Including public medical officers, legislation on unqualified practising; combat of tuberculosis and other

contagious diseases; care of mental patients; vaccination.

5. Public welfare services.
Special care for the mentally impaired.
National insurance.
Compulsory accident insurance.
Labourers and working conditions, apprentices, assistants, holidays.

6. Direct and indirect taxes.
Including stamp duties; totalisator duties; duties on special Faroese lottery. Dispatch charges such as probate fees, legal fees and registration fees shall accrue to the authority which defrays the cost of the institution concerned.

7. Appropriation and, in general, management of all own revenues.
Accounting regulations, audits and appropriation of own revenues and expenditures.

8. Approval of harbour duties.

9. Education.
Including elementary schools; secondary schools and courses; teachers’ college;  folk high schools; post-primary schools; youth and evening classes; home economics schools; vocational schools such as business-, technical- and navigation colleges, etc.

10.  Archives, libraries, museums.
Exemption is made for the Danish State archives; reservation is made for statutory deliveries to the Royal Library.

11.  Preservation of buildings and nature conservancy.

12. Harbours; coastal protection; canals; hydroelectric power plants; traffic matters, including roads, railways, tramways, ferry services, bus services and road haulage.
Motor and road traffic affairs.
Mail, telegraph and telephone services in the Faroes.
Electrical installations.

13. Rural and agricultural matters.
Including general rural legislation; copyhold tenure; tenancy; parcelling of land; exchanges of strip-holdings; smallholdings; plant cultivation; animal husbandry; horticulture; agricultural sideline occupations; soil improvement; forestry.
Veterinary matters.
Pest control.
Domestic animals, arbitration; protection of animals; legislation on dogs.
Hunting and protection of animals on the territory.
Fishery and protection of fish on the territory.
Land registration.

14. Licensing of theatres and cinemas; entertainment.
Collections and lotteries.
Ship wrecks.
Property lost and found.
Toxic substances, explosives, arms.

15. Supplies, production and distribution.
Price control; maximum prices.
Rationing, discounts and subsidies.
Restrictions on bonuses and dividends.
Peddling of goods.
Alcoholic beverages regulations.
Shop closing regulations.
Restaurants, dining rooms, hotels, inns, hostels and guest houses.
Trade matters.
Trade and association registers.
Ship’s register.
Brokers; translators; average adjusters; weighers and measurers.
Auditors.
Storage facilities.
Commission; agents; commercial travellers.
Agents of foreign business companies.
Book-keeping.
Mortgage credit institutes, etc; insurance companies in the Faroes.

16. The Public Trustee in the Faroes.
Registration.
Tourism.
Expropriation for special purposes.
Regulations regarding production of printed matters.
Special provisions regarding calendar issues.
Civic duties.
Equal rights for men and women.

List B

The following fields of responsibilities shall be subject to further negotiations prior to determining definitively whether and to what extent they can be recognised as Faroese Special Affairs:

1. The National Church.
Including all aspects of church organisation; rituals; church officials, their salaries and pensions; church buildings; graveyards; withdrawal from and admission into the National Church; congregation councils; voluntary congregations within the Church; relations between parishioners and their clergy;
Religious communities outside the National Church; holiday legislation.

2. Police.

3. Subsoil resources.
 Radio.
 Aviation.

4. The Land Fund.

5. Import and export controls.