STATUTORY INSTRUMENTS

1979 No. 916

SAINT VINCENT

The Saint Vincent Constitution Order 1979

Made 26th July 1979

Coming into Operation 27th Oct. 1979

At the Court of Saint James, the 26th day of July 1979

Present,

The Councellors of State in Council

Where Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 16th day of July 1979, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:

And whereas the status of association of Saint Vincent with the United Kingdom is to terminate on 27th October 1979 and it is necessary to establish a new constitution for Saint Vincent upon its attainment or fully responsible status within the Commonwealth with the style of Saint Vincent and the Grenadines:

And whereas the Associated State of Saint Vincent has, by a resolution passed in the House of Assembly thereof on 9th February 1979, requested and consented to the making of this Order for that purpose:

Now, therefore, Here Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Prince Charles, Prince of Wales, being authorized thereto by the said Letters Patent, and in pursuance of the powers conferred by section 5(4) of the West Indies Act 1967(a) and all other powers enabling Her Majesty, do hereby, by and with the advice of Her Majesty is Privy Council, on Her Majesty's behalf order, and it is hereby ordered, as follows:-

CITATION AND COMEMCEMENT

1.- (1) This Order may be cited as the Saint Vincent Constitution Order 1979.

(2) This Order shall come into operation on 27th October 1979.

REVOCATION

2.- The Saint Vincent Constitution Order 1969(b) and the Saint Vincent (Constitution) Act 1975(c), which made provision for the constitution of the Associated State of Saint Vincent, are revoked.

ESTABLISHMENT OF CONSTITUTION

3.- The Constitution set out in Schedule 1 to this Order shall come into effect in Saint Vincent at the commencement of this Order subject to the transitional provisions ser out in Schedule 2 to this Order.

N.E. Leigh,

Clerk of the Privy Council.

SCHEDULE 1 TO THE ORDER

THE CONSTITUTION OF SAINT VINCENT

AND THE GRENADINES

ARRANGEMENT OF SECTIONS

CHAPTER I

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

SECTION

1. Fundamental rights and freedoms.

2. Protection of right to life.

3. Protection of right to personal liberty.

4. Protection from slavery and forced labor.

5. Protection from inhuman treatment.

6. Protection from deprivation of property.

7. Protection from arbitrary search or entry.

8. Provisions to secure protection of law

9. Protection of freedom of conscience.

10. Protection of freedom of expression.

11. Protection of freedom of assembly and association.

12. Protection of freedom of movement.

13. Protection from discrimination on the grounds of race, etc.

14. Derogations from s. 3 or s. 13 under emergency powers.

15. Protection of persons detained under emergency laws.

16. Enforcement of protective provisions.

17. Declaration of emergency.

18. Interpretation and savings.

CHAPTER II

The Governor-General

19. Establishment of office.

20. Acting Governor-General.

21. Oaths.

22. Deputy to Governor-General.

CHAPTER III

Parliament

Part 1

Composition of Parllan

23. Establishment.

24. Composition of House of Assembly.

25. Qualifications for Representatives and Senators.

26. Disqualifications for Representatives and Senators.

27. Election of Representatives.

28. Appointment of Senator.

29. Tenure of office of Representative and Senator.

30. Speaker.

31. Deputy Speaker.

32. Constituency Boundaries Commission.

33. Constituencies.

34. Supervisor of Elections.

35. Clerk of House and his staff.

36. Determination of questions of membership.

Part 2

Legislation and procedure of Parliament

37. Power to make laws.

38. Alteration of Constitution and Supreme Court Order.

39. Oath by members.

40. Presiding.

41. Voting.

42. Penalty for sitting if unqualified.

43. Mode of exercise of legislative power.

44. Restrictions with regard to certain financial measures.

45. Regulation of procedure in House.

46. Freedom of speech.

Part 3

Summoning, prorogation and dissolution

47. Sessions.

48. Prorogation and dissolution.

49. Election to House of Assembly.

CHAPTER IV

The Executive

50. Executive authority.

51. Minister of the Government.

52. Cabinet of Minister.

53. Allocation of portfolios to Ministers.

54. Performance of functions of Prime Minister during absence or illness.

55. Exercise of Governor-General's functions.

56. Governor-General to be informed concerning matters of government.

57. Parliamentary Secretaries.

58. Oaths to be taken by Ministers, etc.

59. Leader of the Opposition.

60. Permanent secretaries.

61. Secretary to the Cabinet.

62. Constitution of offices, etc.

63. Attorney-General.

64. Control of public prosecutions.

65. Prerogative of mercy.

66. Advisory Committee on Prerogative of Mercy.

67. Functions of Advisory Committee.

CHAPTER V

Finance

68. Consolidated Fund.

69. Withdrawals from Consolidated Fund or other public funds.

70. Authorization of expenditure for, Consolidated Fund by appropriation law.

71. Authorization of expenditure in advance of appropriation.

72. Contingencies Fund.

73. Remuneration of certain officers.

74. Public debt.

75. Audit of public accounts, etc.

76. Public Accounts Committee.

CHAPTER VI

The Public Service

Part 1

The Public Service Commission

77. Public Service Commission.

78. Appointment, etc, of public officers.

Part 2

Appointments, etc., to particular offices.

79. Appointment, etc., of permanent secretaries and certain other officers.

80. Attorney-General when a public officer.

81. Director of Public Prosecutions.

82. Director of Audit.

83. Appointment, etc.,of magistrates, registrars and legal officers.

Part 3

The Police

84. Police Service Commission.

85. Police Force.

Part 4

The Public Service Board of Appeal

86. Public Service Board of Appeal.

87. Appeals in discipline cases.

Part 5

Pensions

88. Pensions laws and protection of pension right.

89. Power to withhold pensions, etc.

CHAPTER VII

Citizenship

90. Persons who become citizen on 27th October 1979.

91. Persons born in Saint Vincent on or after 27th October 1979.

92. Persons born outside Saint Vincent on or after 27th October 1979.

93. Registration.

94. Acquisition, deprivation and renunciation, Interpretation.

95. Interpretation.

CHAPTER VIII

Judicial Provisions

96. Original jurisdiction of High Court in constitutional questions.

97. Reference of constitutional questions to High Court.

98. Appeals to Court of Appeal.

99. Appeals to Her Majesty in Council.

100. Interpretation.

CHAPTER IX

Miscellaneous

101. Supreme law.

102. Functions of Governor-General.

103. Resignations.

104. Re-appointment and concurrent appointments.

105. Interpretation.

THE SCHEDULE

ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER

Part 1

Provisions of Constitution referred to in section 38(3)

Part 2

Provisions of Supreme Court Order referred to in section 38(3)

WHEREAS the Peoples of the Island of Saint Vincent, who are known as Vincentians-

a. have affirmed that the Nation is founded on the belief in the supremacy of God and the freedom and dignity of man;

b. desire that their society be so ordered as to express their recognition of the principles of democracy, free institutions, social justice and equality before the law;

c. realize that the maintenance of human dignity presupposes safeguarding the rights of privacy of family life, of property and the fostering of the pursuit of just economic rewards for labor;

d. desire that their Constitution should enshrine the above mentioned freedoms, principles and ideals;

AND WHEREAS Saint Vincent (which comprises the inhabited islands of Saint Vincent, Bequia, Union Island, Canouan, Mustique, Mayreau, Petite Saint Vincent, Prune Islands and all other inhabited or uninhabited islands, islets, cays or lands lying between latitudes 12 31'50''N and 13 23'30''N and longitudes 61 07'30''W and 61 28'00''W) is henceforth to be styled Saint Vincent and the Grenadines:-

CHAPTER 1

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

Fundamental rights and freedoms

1. Where every person in Saint Vincent is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-

a. life, liberty, security of the person and the protection of the law;

b. freedom of conscience, of expressions and of assembly and association: and

c. protection for the privacy of his home and other property and from deprivation of property without compensation,

the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of other or the public interest.

Protection of right to life.

2. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under any law of which he has been convicted.

(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-

a. for the defence of any person from violence or for the defence of property;

b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

c. for the purpose of suppressing a riot, insurrection or mutiny; or

d. in order to prevent the commission by that person of a criminal offence,

or if he dies as the result of a lawful act of war.

Protection of right to personal liberty.

3. (1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say:-

a. in execution of the sentence or order of a court, whether established for Saint Vincent or some other country, in respect of a criminal offence of which he has been convicted;

b. in execution of the order of the High Court or the Court of Appeal punishing him for contempt of that court or of another court or tribunal;

c. in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law,

d. for the purpose of bringing him before a court in execution of the order of a court;

e. upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law.

f. under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;

g. for the purpose of preventing the spread of an infectious or contagious disease;

h. in the case of a person who is, or is reasonably suspected to be of unsound mind, addicted to drugs or alcohol, or vagrant, for the purpose of his care o treatment of the protection of the community;

i. for the purpose of preventing the unlawful entry of that person into Saint Vincent, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Saint Vincent or for the purpose of restricting that person while he is being conveyed through Saint Vincent in the course of his extradition or removal as a convicted prisoner from one country to another; or

j. to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Saint Vincent, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Saint Vincent in which, in consequence of any such order, his presence would otherwise be unlawful.

(2) Any person who is arrested or detained shall with reasonable promptitude and in any case no later than twenty-four hours after such arrest or detention be informed in a language that he understands of the reasons for his arrest of detention and be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice and, in the case of a minor, with his parents or guardian.

(3) Any person who is arrested or detained-

a. for the purpose of bridging him before a court in execution of the order of a court; or

b. upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law.

and who is not released, shall be brought without undue delay before a court.

(4) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court.

(5) If any person arrested or detained as mentioned in subsection (3)b. of this section is not tried within a reasonable time, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

(6) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefore from that other person or from any other person or authority on whose behalf that other person was acting;

Provided that a judge, a magistrate or a justice of the peace or an officer of a court or a police office acting in pursuance of the order of a judge, a magistrate or a justice of the peace shall not be under any personal liability to pay compensation under this subsection in consequence of any act performed by him in good faith in the discharge of the functions of his office and any liability to pay any such compensation in consequence of any such act shall be a liability of the Crown.

(7) For the purposes of subsection (1)a. of this section a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission or that he is not by reason of insanity shall be regarded as a person who has been convicted of a criminal offence and the detention of that person in consequence of such a verdict shall be regarded as detention of that person in consequence of such a verdict shall be regarded as detention in execution of the order of a court.

Protection from slavery and forced labor.

4. (1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labor.

(3) For the purposes of this section, the expression "forced labor" does not include_

a. any labor required in consequence of the sentence or order or a court;

b. labor required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

c. any labor required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who hear conscientious objections to service as a member of a naval, military or air force, any labor that person is required by law to perform in place of such service;

d. any labor required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labor is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.

Protection from inhuman treatment

5. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

Protection from deprivation or property

6. (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except for a public purpose and except where provision is made by a law applicable to that taking of possession or acquisition for the payment, within a reasonable time, of adequate compensation.

(2) Every person having an interest in or right over property that is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the High Court for-

a. determining the nature and extent of that interest or right;

b. determining whether that taking of possession or acquisition was duly carried out in accordance with a law authorizing the taking of possession or acquisition;

c. determining what compensation he is entitled to under the law applicable to that taking of possession or acquisition;

d. obtaining that compensation:

Provided that if Parliament so provides in relation to any matter referred to in paragraph (a) or (c) of this subsection the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the High Court, having jurisdiction under any law to determine that matter.

(3) The Chief Justice may make rules with respect to the practice and procedure of the High Court or, subject to such provision as may have been made in that behalf by Parliament, with respect to the practice and procedure of any other tribunal or authority interlation to the jurisdiction conferred on the High Court by subsection (2) of this section or exercisable by the other tribunal or authority for the purposes of that subsection (including rules with respect to the time witting which applications or appeals to the High Court or applications to the other tribunal or authority may be brought).

(4) No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation in the form of a sum of money or, as the case may be, has received any such amount in some other form and has converted any or that amount into a sum of money, the whole of that sum of money(free from any deduction; charge or tax made of levied in respect of its remission) to any country of his choice outside Saint Vincent.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (4) of this section to the extent that the law in question authorizes-

a. the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party;

b. the imposition of reasonable restrictions on the manner in which any sum of money is to be remitted; or

c. the imposition of reasonable restrictions in the remission of nay sum of money in order to prevent or regulate the transfer to a country outside Saint Vincent of capital raised in Saint Vincent, or in some other country or derived from the natural resources of Saint Vincent.

(6) nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section-

a. to the extent that the law in question makes provision for the taking of possession or acquisition of any property, interest or right-

i) in satisfaction of any tax, rate or due;

ii) by way of penalty for breach of any law or forfeiture in consequence of breach of any law;

iii) as an incident of a lease, tenacy, mortgage,charge, bill of sale, pledge or contract;

iv) in the execution of judgments or orders of a court in proceedings for the determinations of civil rights or obligations;

v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animal or plants;

vi) in consequence of any law with respect to the limitation of actions; or,

vii) for so long only as may be necessary for the purposes of any examination, investigation. trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the contravention of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out),

and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or

b. to the extent that the law in question makes provision for the taking of possession or acquisition of any or the following property (including an interest in or right over property), that is to say-

i) enemy property;

ii) property of a deceased person,a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;

iii) property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or

iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.

(7) Nothing contained in or done under the authority of any law enacted by Parliament shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the compulsory taking of possession of any property, or the compulsory acquisition of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no monies have been invested other than monies provides by Parliament.

(8) In this section-

"property" means any land or other thing capable of being owned or held in possession and includes any right relating thereto, whether under a contract, trust or law or otherwise and whether present or future, absolute or conditional;

"acquisition" in relation to an interest in or right over property, means transferring that interest or right to another person or extinguishing or curtailing that interest or right.

Protection from arbitrary search or entry

7. (1) Except with his own consent, a person shall not be subjected to the search of his person or his property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-

a. that is reasonably requires in the interests of defence, public safety, public order, public morality, public health, town and country planning,the development and utilization of mineral resources or the development or utilization of any property for a purpose beneficial to the community;

b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons;

c. that authorizes an officer or agent of the Government, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or to that authority or body corporate, as the case may be; or

d. that authorizes, for the purpose of enforcing the judgment or order of a court i any civil proceedings, the search or any person or property by order of a court or entry upon any premises by such order,

and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Provisions to secure protection of law

8. (1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

(2) Every person who is charged with a criminal offence-

a. shall be presumed to be innocent until he is proved or has pleaded guilty;

b. shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;

c. shall be given adequate time and facilities for the preparation of his defence;

d. shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice;

e. shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

f. shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial.

and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to tender the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence;

Provided that the trial may take place in his absence in any case in which or is so provided by a law under which he is entitled to adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity of appearing before the court.

(3) When a person is tried for any criminal offence, the accused person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a coup for the use of the accused person of any record of the proceedings made by or on behalf of the court.

(4) A person shall not be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when is was committed.

(5) A person who shows that he has been tried by a competent court for a criminal offence and either convicted of acquitted shall not again fe tried for that offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(6) A person shall not be tried for a criminal offence if he shows that he has been pardoned for that offence.

(7) A person who is tried for a criminal offence shall not be compelled to give evidence at the trial;

provided that nothing in this subsection shall prevent the prosecution or the court from commenting on his failure to give evidence on his own behalf or prevent the court from drawing inferences from any such failure.

(8) Any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a curt or other authority, the case shall be given a fair hearing eithin a reasonable time.

(9) Where the existence or extent of any civil right to obligation has been determined in proceedings in any court or before any other authority any party to those proceedings shall, if he so requires as subject to payment of such reasonable fee as may be prescribed by law, be entitled to obtain within a reasonable time after the judgment or other determination a copy of any record of the proceedings made by or on behalf of the court or other authority.

(10) Except with the agreement of all the parties thereto,all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public.

(11) Nothing is subsection (10) of this section shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioners representing them to such extent as the court or other authority-

a. may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or interlocutory proceedings or in the interests of public morality,the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or

b. may by law be empowered or required to do in the interests of defence, public safety or public order.

(12) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-

a. subsection (2)(a.) of this section to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;

b. subsection (2)(e.) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or

c. subsection (5) of this sector to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so however, that any court so try in such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.

(13) In the case of any person who is held in lawful detention the provisions of subsection(1) paragraph (d) and (e) of subsection (2) and subsection (3) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.

(14) In this section "criminal offence" means a criminal offence under a law.

Protection of freedom of conscience

9. (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) Except with his own consent (or, if he is a person under the age of eighteen years, the consent of his guardian) a person attending any place of education, detained in any prison or corrective institution or a naval, military or air force shall not be required to received religions instructions or to taken part in or attend any religious ceremony or observance if that instruction ceremony or observance relates to a religion that is not his own.

(3) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it maintains; as no such community shall be prevented from providing religious instruction for persons of that community whether or not is in receipt of a government subsidy or other form of financial assistance designed to meet in whole or in part the cost of such course of education.

(4) A person shall not be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required-

a. in the interests of defence, public safety, public order, public morality or public health;

b. for the purpose of protecting the rights and freedoms of other persons including the right to observe and practice any religion without the unsolicited intervention or members of any other religion; or

c. for the purpose of regulating educational institutions in the interests of the persons who receive instruction in them,

and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(6) References is this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

Protection freedom of expression

10. (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication be to the public generally or to any person or class of persons and freedom from interference with his correspondence.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-

a. that is reasonably required in the interests of defence, public safety, public order, public morality or public health;

b. that is reasonably required for the purpose of protecting the reputations, tights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television; or

c. that imposes restrictions upon public officers that are reasonably required for the performance of their functions,

and except so far as that provision or, as the case may be, the things done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Protection of freedom of assembly and association

11. (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his tight to assemble freely and associate with other persons and in particular to form or belongs to trade unions or other associations for the protection of his interests.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-

a. that is reasonably required in the interests of defence, public safety, public order, public morality or public health;

b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or

c. that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,

and except so far as that provisions or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Protection of freedom of movement.

12. (1) A person shall not be deprived of his freedom of movement that is to say, the right to more freely through Saint Vincent, the right to reside in any part of Saint Vincent, the right to enter Saint Vincent, the right to leave Saint Vincent and immunity from expulsion from Saint Vincent.+

(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-

a. for the imposition of restrictions on the movement or residence within Saint Vincent of any person or on any person's right to leave Saint Vincent that are reasonably required in the interests of defence, public safety or public order;

b. for the imposition of restrictions on the movement or residence within Saint Vincent or on the right to leave Saint Vincent of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health or, in respect of the right to leave Saint Vincent, of securing compliance with any international obligation of the Government particulars of which have been laid before the House and empt so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;

c. for the imposition of restrictions, by order of a court, on the movement or residence within Saint Vincent of any person or on any person's right to leave Saint Vincent either in consequence of his having been found guilty of a criminal offence under a lae or for the purpose of enduring that the appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relatings to his extradition or lawful removal from Saint Vincent;

d. for the imposition of restrictions on the freedom of movement of any person who is not a citizen;

e. for the imposition of restriction on the acquisition or use by any person of land or other property in Saint Vincent;

f. for the imposition of restrictions upon the movement or residence within Saint Vincent or on the right to leave Saint Vincent of any public officer that are reasonably required for the proper performance of his functions;

g. for the removal of a person from Saint Vincent to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under a law of which he has been convicted; or

h. for the imposition of restrictions on the right of any person to leave Saint Vincent that ate reasonably required in order to secure the fulfillment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(4) If any person whose freedom of movement has been restricted by virtue of such a provision as is referred to in subsection (3)a. of this section so requests at any time during the period of that restriction not earlier that three months after the order was made or three months after he last made such a request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person appointed by the Chief Justice from among persons who are legal practitioners.

(5) On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of the continuation of that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations.

Protection from discrimination on the grounds of race, etc.

13. (1) Subject to the provisions of subsections (4),(5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(2) Subject to the provisions of subsections (6),(7) and (8) of this section, no persons shall be treated in a discriminatory manner by any persons acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

(3) In this section, the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by sex, race, place of origin, political opinions,color or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such descriptions are not made subject or are recorded privileges of advantages which are not accorded to persons of another such description.

(4) Subsection (1) of this section shall not apply to any law do far as that law makes provision-

a. for the appropriation of public revenues or other public funds;

b. with respect to persons who are not citizens;

c. for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section ( or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description;

d. whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.

(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to sex, race, place or origin, political opinions, color or creed) to be required of any person who is appointed to or to act in any office or employment.

(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section.

(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 7,9,10,11 add 12 if this Constitution, being such a restriction as is authorized by section 7(2), section 9(5)m section 10(2)m section 11(2) or paragraph (a), (b) or (h) of section 12(3), as the case may be,.

(8) Nothing in sybsectuib (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.

Derogations from s. 3 or s. 13 under emergency powers

14. nothing contained in or done under the authority of a law enacted by Parliament shall be held to be inconsistent with or in contravention of section 3 or section 13 of this Constitution to the extent that the law authorizes the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in Saint Vincent during that period.

Protection of persons detained under emergency laws.

15. (1) When a person is detained by virtue of any such law as is referred to in section 14 of this Constitution the following provisions shall apply, that is to say:-

a. he shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be informed in a language that he understands and in detail of the grounds upon which he is detained and furnished with a written statement in English specifying those grounds in detail;

b. not more that fourteen days after the commencement of his detention, a notification shall be published in the Official Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorized;

c. not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than sic month, his case shall be review by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons who are legal practitioners;

d. he shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and

e. at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or to be represented by a legal practitioner of his own choice.

(2) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity of expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with sly such recommendations.

(3) Nothing contained in subsection (1)d. or subsection (1)e. of this section shall be construed as entitling a person to legal representation at public expense.

Enforcement of protective provisions.

16. (1) If any person allege that any of the provisions of sections 2 to 15 inclusive of this Constitution has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other actin with respect to the same matter that is lawfully available, that person (or that other person) may apply to the High Court for redress.

(2) The High Court shall have original jurisdiction-

a. to hear and determine any application made by any person in pursuance of subsection (1) of this section, and

b. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section,

and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 2 to 15 (inclusive) of this Constitution:

Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.

(3) If in any proceeding in any court (other than the Court of Appeal or the High Court or a court-martial) any question arises as to the contravention of any of the provisions of sections 2 to 15 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so request, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.

(4) Where any question is referred to the High Court in pursuance of subsection (3) of this section, the High Court shall gibe its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or,as the case may be, of Her Majesty in Council.

(5) The High Court shall have such powers in addition to those conferred by this section as may be conferred upon it by Parliament for the purpose of enabling or more effectively to exercise the jurisdiction conferred upon it by this section.

(6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and power conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court).

Declaration of emergency

17. (1) The Governor General may, by proclamation which shall be published in the Official Gazette, declare that a state of emergency exist for the purposes of this Chapter.

(2) A proclamation under this section shall not be effective unless it contains a declaration that the Governor-General is satisfied-

a. that a public emergency has arisen as a result to the imminence of a state of war between Saint Vincent and a foreign state;

b. that a public emergency has arisen as a result of the occurrence of any volcanic eruption, earthquake,hurricane, flood,fire, outbreak of pestilence or of infectious disease, or other calamity whether similar to the foregoing or not; or

c. that action has been taken, or is immediately threatened by any person, of such a nature and on so extensive a scale, as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life.

(3) Every declaration of emergency shall lapse-

a. in the case of a declaration made when the House is sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and

b. in any other case, at the expiration of a period of twenty-one days beginning with the date of publications of the declarations, unless it has in the meantime been approved by resolution of the House.

(4) A declaration of emergency may at any time be revoked by the Governor-General by proclamation which shall be published in the Official Gazette.

(5) A declaration of emergency that has been approved by resolution of the House in pursuance of subsection (2) of this section shall, subject to the provisions of subsections (3) of this section, remain in force so long as the resolution remains in force and no longer.

(6) a resolution of the House passed for the purposes of this section shall remain in force for twelve months or such shorter period as may be specified therein;

Provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding twelve months from the date of the resolution effecting the extension; and any such resolution may be revoked at any time by a further resolution.

(7) A resolution of the House for the purpose of subsection(2) of this section and a resolution of the House extending any such resolution shall not be passed in the House unless it is supported by the votes of two-thirds of all the Representatives; and a resolution revoking any such resolution shall not be so passed unless it is supported by the votes of a majority of all the Representatives.

(8) Any provision of this section that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further such declaration whether before or after that time.

Interpretation and saving.

18. (1) In this Chapter, unless the context otherwise requires-

"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

"court" means any court of law having jurisdiction in Saint Vincent other than a court established by a disciplinary law, and includes Her Majesty in Council and in sections 2 and 4 of this Constitution a court established by a disciplinary law;

"disciplinary law" means a law refutating the discipline of any disciplined force;

"discipline force" means-

a. a naval, military or air force;

b. the Police Force; or

c. a prison service;

"legal practitioner" means a person entitled to be in or to enter Saint Vincent and entitled to practice as a barrister in Saint Vincent or except in relation to proceedings before a court in which a solicitor has no right of audience, entitled to practice as a solicitor in Saint Vincent;

"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.

(2) In this Chapter "period of public emergency" means any period during which-

a. Her Majesty is at war;or

b. a declaration of emergency is in force under section 17 of this Constitution.

(3) In relation to any person who is a member of a disciplined force of Saint Vincent, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than sections 2, 4 and 5 of this Constitution.

(4) In relation to any person who is a member of a disciplined force of a country other than Saint Vincent that is lawfully present in Saint Vincent, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.

CHAPTER II

THE GOVERNOR-GENERAL

Establishment of office.

19. There shall be a Governor-General of Saint Vincent who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative ins Saint Vincent.

Acting Governor-General.

20. (1) During any period when the office of Governor-General is vacant or the holder of the office of Governor_General is absent from Saint Vincent or is for any other reason unable to perform the functions of his office those functions shall be performed by such person as Her Majesty may appoint.

(2) Any such person as aforesaid shall nor continue to perform the functions of the office of Government-General if the holder of the office of Governor-General or some other person having a prior right to perform the functions of that office has notified him that he is about to assume or resume those functions.

(3) The holder of the office of Governor-General shall not, for the purposes of this section, be regarded as absent from Saint Vincent or as unable to perform the functions of his office-

a. by reason that he is in passage from one part of Saint Vincent to another; or

b. at any time when there is a subsisting appointment of a deputy under section 22 of this Constitution.

Oaths.

21. A person appointed to hold the office of Governor-General shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office.

Deputy to Governor-General.

22. (1) Whenever the Governor-General-

a. has occasion to be absent from the seat of government but nor from Saint Vincent;

b. has occasion to be absent from Saint Vincent for a period that he considers, acting in his own deliberate judgment, will be of short duration; or

c. is suffering from an illness that he considers, acting in his own deliberate judgment, will be of short duration.

he may, acting in accordance with the advice of the Prime Minister, appoint any person in Saint Vincent to be his deputy during such of the functions of the office of Governor-General as may be specified in the instrument by which he is appointed.

(2) The power and authority of the Governor-General shall not be abridge, altered or in any way affected by the appointment of a deputy under this section, and, subject to the provisions of this Constitution, a deputy shall conform to and observe all instructions that the Governor-General,acting in his own deliberate judgment, may from time to time address to him;

provided that the question whether or not a deputy has conformed to and observed any such instructions shall not be enquired into in any court of law.

(3) A person appointment as deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the Governor-General, acting in accordance with the advice of the Prime Minister.

CHAPTER III

PARLIAMENT

PART 1

COMPOSITION OF PARLIAMENT

Establishment.

23. There shall be a Parliament of Saint Vincent which shall consist of Her Majesty and a House of Assembly.

Composition of House of Assembly.

24. (1) The House shall consist of-

a. such number of Representatives as corresponds with the number of constituencies for the time being established in accordance with the provisions of section 33 of this Constitution, who shall be elected in accordance with the provisions of section 27 of this Constitution; and

b. six Senators appointed in accordance with the provisions of section 28 of this Constitution.

(2) if a person who is not a member of the House is elected to be Speaker he shall, be virtue of holding the office of Speaker, be a member of the House.

(3) At any time when the office of Attorney-General is a public office, the Attorney-General shall, by virtue of holding or acting in that office, be a member of the House.

Qualifications for representatives and Senators.

25. (1) Subject to the provisions of section 26 of this Constitution, a person shall be qualified to be elected as a representative if, and shall not be so qualified unless, he-

a. is a Commonwealth citizen of the age of twenty-one years or upwards

b. has resided in Saint Vincent for a period of twelve months immediately before the date of his nominations for election or is domiciled and resident in Saint Vincent at that date: and

c. is able to speak and, unless incapacitated by blindness or the physical cause, to teal the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the House.

(2) Subject to the provisions of section 26 of this Constitution, a person shall be qualified to be elected or appointed as a Senator if, and shall not be so qualified unless, he is a Commonwealth citizen of the age of twenty-one years or upwards.

Disqualifications for Representatives and Senators.

26. (1) No person shall be qualified to be elected or appointed as a Representative or Senator (hereinafter in this section referred to as a member) if he-

a. is by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state,

b. is a minister of religion;

c. holds or is acting in the office of judge of the Supreme Court;

d. subject to such exceptions and limitations as may be prescribed by Parliament, holds or is acting in any public office or is a paid member of any defence force of Saint Vincent;

e. is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law;

f. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;

g. is under sentence of death imposed on him by a court of law in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

h. subject to such exceptions and limitations as may be prescribed by Parliament has any such interest in any such government contracts as may be so prescribed:

provided that a minister of religions may be appointed as a Senator.

(2) If it so provided by Parliament, a person shall not be qualified to be elected or appointed as a member if he holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election of members or the compilation of any register of votes for the purpose of electing Representatives.

(3) If it is so provided by Parliament, a person who is convicted by any court of law of any offence that is prescribed by Parliament and that is connected with the election of representatives or is reported guilty of such an offence by the court trying an election tition shall not be , for such period (not exceeding five years) following his conviction or, as the case may be, following the report of the court as may be so prescribed, to be elected or appointed as a member.

(4) A person shall not be qualified tao be elected as a Representative if he is a Senator and a person shall not be qualified to be appointed as a Senator if he is a Representative or is nominated for election as such.

(5) In subsection (1) of this section-

"government contract" means any contract made with the Government or with a department of the Government or with an office of the Government contracting as such;

"minister or religion" means any person in holy orders and any other person, the functions of whose principal occupation include teaching or preaching in any congregation for religious worship.

(6) For the purposes or paragraph (g.) of subsection (1) of this section-

a. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as none sentence; and

b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

Election of representatives.

27. (1) Each of the constituencies established in accordance with the provisions of section 33 of this Constitution shall return one representative to the House so shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law.

(2) a. Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in saint Vincent as Parliament may prescribe shall, unless he is disqualified by Parliament from registration as a voter for the purpose of electing Representatives, be entitled to be registered as such a voter in accordance with the provisions of any law in that behalf, and no other person may be so registered.

b. Every person who is registered as aforesaid in any constituency shall, unless he is disqualified by Parliament from voting in that constituency in any election of Representatives, be entitled so to bote in accordance with the provisions of any law in that behalf, and no the person may so vote.

(3) In any election of representatives the votes shall be given by ballot in such manner as not to disclose hoe any particular person votes.

Appointment of Senators.

28. Of the Senators-

a. four shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and

b. two shall be appointed by the Governor-General acting in accordance with the advice of the Leader of the Opposition.

Tenure of office of Representatives and Senators.

29. (1) A Representative or a Senator (hereinafter in this section referred to as a member) shall baccate his seat in the House at the next dissolution of Parliament after his election or appointment.

(2) A Senator appointed in accordance with the provisions of paragraph (a.) of section 28 of this Constitution shall vacate his seat in the House if his appointment is revoked by the Governor-General, acting in accordance with the advice of the Prime Minister, and a Senator appointed in accordance with the provisions of paragraph (b.) of that section shall vacate his seat in the House if his appointment is revoked by the Governor-General, acting in accordance with the advice of the Leader of the Opposition.

(3) A member shall also vacate his seat in the House-

a. if he is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House;

b. if he ceases to be a Commonwealth citizen; or

c. subject to the provisions of subsection (4) of this section, if any other circumstances arise that, if the were not a member, would cause him to be disqualified to be elected or appointed as such by virtue of subsection (1) of section 26 of this Constitution of any law enacted in pursuance of subsection (2) or (3) of that section.

(4) a. if any circumstances such as are referred to in paragraph (c) of subsection (3) of this section arise because any member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported witty of an offence relating to elections and if it is open to the member to appeal against the decision (either eith the leave of a court of law or other authority or without such leave), he shall forthwith cease to perform his functions as a member but, subject to the provision of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter;

Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the House.

b. If on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.

c. If at any time before the member vacates his seat such circumstances aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a.) of this subsection and he may resume the performance of his functions as a member.

Speaker.

30. (1) When the House first meets after any general election of Representatives and before it proceeds to the despatch of any other business, it shall elect a person to be the Speaker; and if the office of Speaker falls vacant at any time before the next dissolution of Parliament, the House shall as soon as practicable, elect another person to that office.

(2) The Speaker may be elected either from among the members of the House who are not members of the Cabinet or Parliamentary Secretaries or from among persons who are not members of the House:

Provided that a person who is not a member of the House shall not be elected as Speaker if-

a. he is not a Commonwealth citizen; or

b. he is a person disqualified to be elected or appointed as a Representative or Senator by virtue of subsection (1) of section 26 of this Constitution or of any law enacted in pursuance of subsection (2) or (3) of that section.

(3) No business shall be transacted in the House (other than the election of a Speaker) at any time when the office of Speaker is vacant.

(4) A person shall vacate the office of Speaker-

a. in the case of a Speaker who was elected from among the members of the House-

i) if he ceases to be a member of the House:

Provided that the Speaker shall not vacate his office by reason only that he has ceased to be a member of the House on a dissolution of Parliament, until the House first meets after the dissolution; or

ii) if he becomes a member of the Cabinet or a Parliamentary Secretary;

b. in the case of a Speaker who was elected from among persons who were not members of the House-

i) when the House first meets after ny dissolution of Parliament;

ii) if he ceases to be a Commonwealth citizen; or

iii) if any circumstances arise that would cause him to be disqualified to be elected or appointed as a Representative or by virtue of subsection (1) of section 26 of this Constitution or of any law enacted in pursuance of subsection (2) or (3) of that section; or

c. if he is removed from office by resolution of the House in favor or which there are cast the votes of two-thirds of all the members of the House excluding the Speaker.

(5) If, by virtue of section 29(4) of this Constitution, the Speaker (being a Representative or a Senator) is required to cease to perform his function as a member of the House he shall also cease to perform his function as Speaker; and if the Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of that section, he shall also resume the performance of his functions as Speaker.

(6) At any time when, by virtue of section 29(4) of this Constitution, the Speaker is unable to perform the functions of his office, those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed by the Deputy Speaker or, of the office of Deputy Speaker is vacant or the Deputy Speaker is requires to cease to perform his functions as a member of the House by virtue of section 29(4) of this Constitution, by such member of the House ( not being a member of the Cabinet or a Parliamentary Secretary) as the House may elect for the purpose.

Deputy Speaker.

31. (1) When the House first meets after any general election of Representatives and before it proceeds to the despatch of any other business except the election of the Speaker, the House shall elect a member of the House, who is not a member of the Cabinet or a Parliamentary Secretary, to be the Deputy Speaker and if the office of Deputy Speaker falls vacant at any time before the next dissolution of Parliament, the House shall, as soon as convenient, elect another member of the House to that office.

(2) A person shall vacate the office of Deputy Speaker-

a. if he ceases to be a member of the House;

b. if he becomes a member of the Cabinet or a Parliamentary Secretary; or

c. if he is elected to be Speaker.

(3) If, by virtue of section 29(4) of this Constitution, the Deputy Speaker is required to cease to perform his functions as a member of the House he shall also cease to perform his functions as Deputy Speaker and if the Deputy Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of that section, he shall also resume the performance of his functions as Deputy Speaker.

(4) At any time when, by virtue of section 29(4) of this Constitution, the Deputy Speaker is unable to perform the function of his office, those functions shall, until he vacates his seat in the House or resumes the performance of the functions of this office, be performed by such member of the House (not being a member of the Cabinet or a Parliamentary Secretary) as the House may elect for the purpose.

Constituency Boundaries Commission.

32. (1) There shall be a Constituency Boundaries Commission which shall be appointed in the circumstances specified in section 33(3) of this Constitution and which shall consist of-

a. a chairman who shall be appointed by the Governor-General in his own deliberate judgment;

b. one member who shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and

c. one member who shall be appointed the Governor-General, acting in accordance with the advice of the Leader of the Opposition.

(2) A person shall not be qualified to be appointed as a member of the Commission if-

a. he is, or has at any time during the period of five years immediately preceding his appointment been, a member of the House;

b. he is or has at any time during that period been, nominated as a candidate for election as a Representative;

c. he is, or has at any time during that period been, the holder of an office in any political organization that sponsors or otherwise supports, or that has at any time sponsored otherwise supported, a candidate for election as a Representative or a member of any local government authority; or

d. he is a judge of the Supreme Court or a public officer.

(3) Subject to the provisions of this section, a member of the Commission shall vacate his office-

a. when the order of the Commission is published in the Official Gazette in accordance with the provisions of section 33(6) of this Constitution; or

b. if any circumstances arise that, if the were not a member of the Commission, would cause him to be disqualified for appointment as such.

(4) A member of the Commission may be removed from office by the Governor-General only for inability to discharge the functions of his office (whether arising from infirmity of mind or body or any other cause) or for misbehavior.

(5) A member of the Commission shall be removed from office by the Governor-General of the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehavior.

(6) If the Prime Minster represents to the Governor-General that the question of removing a member of the Commission under this section ought to be investigated, then-

a. the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth of a court having jurisdiction in appeals from such a court; and

b. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member ought to be removed under this section.

(7) If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Prime Minister, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that member should not be removed.

(8) The Commission may regulate its own procedure, and may with the consent of the Prime Minister, confer powers and impose duties on any public oddicer or on any authority of the Government for the purpose of the discharge of its functions.

(9) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

provided that any decision of the Commission shall require the concurrence of a majority of all its members.

(10) In the exercise of its functions under this Constitution, the Commission shall not be subject to the direction or control of any other person or authority.

Constituencies.

33. (1) For the purpose of the election of Representatives, Saint Vincent shall, in accordance with the provisions of this section, be divided into thirteen constituencies having such boundaries as may be prescribed by order made by the Constituency Boundaries Commission.

(2) All constituencies shall contain as nearly equal numbers of inhabitants as appears to the Commission to be reasonably practicable, but the Commission may depart from this principle to such extent as it considers expedient in order to take account of the following factors, that is to say-

a. the density of population and in particular the need to ensure adequate representation of adequate representation of sparsely populated rural areas;

b. the means of communication;

c. geographical features; and

d. the boundaries of existing administrative areas.

(3) A Commission shall be appointed in the following circumstances, that is to say:-

a. whenever a census of the population of Saint Vincent has been held in pursuance of any law;

b. whenever Parliament has amended subsection (1) of this section so as to alter the number of the constituencies into which Saint Vincent is divided; or

c. On the expiry of eight years after the Commission last reviewed the boundaries of the constituencies in accordance with the provisions of this section.

(4) Whenever the Commission has been appointed in the circumstances specified in subsection (3)(a.) or in the circumstances specified in subsection (3)(b.) of this section it shall forthwith carry out a review of the voundaries of the constituencies into which Saint Vincent is divided and may (and in the circumstances specified in subsection (3)(b.) shall ), by order, alter the boundaries in accordance with the provisions of this section to such extent as it thinks desirable in the light of those circumstances and the review.

(5) Whenever the Commission has been appointed in the circumstances specified in subsection (3)(c.) of this section it shall, within the period of two years commencing with its appointment,carry out a review of the boundaries in accordance with the provisions of this section to such extent as it thinks desirable in the light of those circumstances and the review.

(6) Every order made by the Commission under this section shall be published in the Official Gazette and shall come into effect upon the next dissolution of Parliament after it was made.

(7) To the extent that any law enacted by Parliament amends subsection (1) of this section so as to alter the of constituencies which Saint Vincent is divided it shall come into effect when the order of the Commission that, in accordance with the provisions of subsection (4) of this section, is consequential thereon comes into effect.

(8) For the purposes of subsection (2) of this section the number of inhabitants of any part of Saint Vincent shall be ascertained by reference to the latest census of the population held in pursuance of any law.

Supervisor of Elections.

34. (1) There shall be a Supervisor of Elections whose duty it shall be to exercise general supervision over the registration of voters in elections of Representatives and over the conduct of such elections.

(2) The functions of the office of Supervisor of Elections shall be exercised either by the person holding or acting in such public office as may for the time being be designated in that behalf by the Public Service Commission or, if the Commission so decides, by such other person who is not a public officer as may for the time being be so designated, but before exercising its powers under this subsection the Commission shall consult with the Prime Minister.

(3) A person shall not enter upon the duties of the office of Supervisor or Elections until he has taken and subscribed the oath of allegiance and the oath of office.

(4) For the purposes of the exercise of his functions under subsection (1) of this section the Supervisor of Elections may give such directions as he considers necessary or expedient to any registering officer, presiding officer or returning office relating to the exercise by that officer of his functions under any law regulation the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions.

(5) The Supervisor of Elections may, whenever he considers it necessary or expedient so to do, report to the House on the exercise of his functions under he foregoing provisions of this section; he shall submit every such report to the Minister for the time being responsible for matters relating to the election of Representatives and that Minister shall, not later than seven days after the House first meets after he has received the report, lay it before the House.

(6) In the Supervisor of Elections shall exercise such other functions in relation to elections(whether to the House or to local government authorities) as may be prescribed by or under any law enacted by Parliament.

Clerk of House and his staff.

35. (1) There shall be a Clerk of the House.

(2) The office of the Clerk of the House and the offices of the members of his staff shall be public offices.

Determination of question of membership.

36. (1) The High Court shall have jurisdiction to hear and determine any question whether-

a. any person has been validity elected as a Representative;

b. any person has been validity appointed as a Senator;

c. any person who has been elected as Speaker from among persons who were not members of the House was qualified to be so elected of has vacate the office of Speaker; or

d. any member of the House has vacate his seat or is required, under the provisions of section 29(4) of this Constitution, to cease to perform any of his functions as a member of the Hours.

(2) An application to the High Court for the determination of any question under subsection (1)(b.) of this section may be made by any person entitled to vote in the election to which the application relates of by any person who was a candidate at that election or by the Attorney-General.

(3) An application to the High Court for the determination of any question under subsection (1)(b) or subsection (1) (c.) of this section may be made by any Representative or By the Attorney-General.

(4) An application to the High Court for the determination of any question under subsection (1)(d.) of this section may be made-

a. by any Representatives or by the Attorney-General; or

b. in the case of the seat of a Representative, by any person registered in some constituency as voter for the purpose of electing Representatives.

(5) If any applications is made by a person other than the Attorney General to the High Court for the determination of any question under this section, the Attorney-General may intervene and may then appear or be represented in the proceedings.

(6) An appeal shall lie as of right to the Court of Appeal from any final decision of the High Court determining such a question as is referred to in subsection (1) of this section.

(7) The circumstances and manner in which and the imposition of conditions upon which any application may be made to the High Court for the determination of any question under this section and the powers practice and procedure of the High Court and the Court of Appeal in relation to any such application shall be regulated by such provisions as may be made by Parliament.

(8) No appeal shall lie from any decision of the Court of Appeal in exercise of the jurisdiction conferred by subsection (6) of this section and no appeal shall lie from any decision of the High Court in proceedings under this section other than a final decision determining such a question as is referred to in subsection (1) of this section.

(9) In the exercise of his functions under this section, the Attorney-General shall not be subject to the direction or control of any other person or authority.

PART 2

LEGISLATION AND PROCEDURE OF PARLIAMENT

Power to make laws.

37. Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Saint Vincent.

Alteration of Constitutions and Supreme Court Order.

38. (1) Parliament may alter any of the provisions of this Constitution or of the Supreme Court Order in the Manner specified in the following provisions of this section.

(2) A bill to alter any of the provisions of this Constitution or of the Supreme Court Order shall not be regarded as being passed by the House unless on its final reading the bill is supported by the votes of not less than two-thirds of all the Representatives.

(3) A bill to alter this section, the Schedule to this Constitution or any of the Provisions of this Constitution specified in Par 1 of that Schedule or any of the provisions of the Courts Order specified in Part 2 of that Schedule shall not be submitted to the Governor-General for his assent unless-

a. there has been an interval on for less than ninety days between the introduction of the bill in the House and the beginning of the proceedings in the House on the second reading of the bill; and

b. after it has been passed by the House the bill has been approved on a referendum by not less than two-thirds of all the votes validly cast on that referendum.

(4) The provisions of paragraph (b.) of subsection (3) of this section shall not apply in relation to any bill to alter-

a. section 98 of this Constitution in order to give effect to any agreement between Saint Vincent and the United Kingdom concerning appeals from any court having jurisdiction in Saint Vincent to Her Majesty in Council;

b. any of the provisions of the Supreme Court Order in order to give effect to any international agreement on which Saint Vincent is a party relating to the Supreme Court or any other court (or any officer or authority having functions in respect of any such court) constituted in common for Saint Vincent and for other countries also parties to the agreement.

(5) Every person who, at the time when the referendum is held, would be entitled to vote for the purpose of electing Representatives shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedures as may be prescribed by Parliament for the purposes of the referendum and no other person shall be entitled so to vote.

(6) In any referendum for the purposes of this section shall be given by ballot in such manner as not to siclose how any particular person votes.

(7) The conduct of any referendum for the purposes of this section shall be the responsibility of the Supervisor of Elections and the provisions of subsections (4), (5) and (6) of section 34 of this Constitution shall apply in relation tot he exercise by the Supervisor of Elections or by any other officer of his functions with respect to a referendum as they apply in relation to the exercise of his functions with respect to elections of Representatives.

(8) a. A bill to alter any of the provisions of this Constitution or of the Supreme Court Order shall not be submitted to the Governor-General for his assent unless it is accompanied by a certificate under the hand of the Speaker that the provisions of subsection (2) of this section have been complied with and, where a referendum has been held in pursuance of subsection (3)(b.) of this section, by a certificate under the hand of the Supervisor of Elections stating the results of the referendum.

b. The certificate of the Speaker under this subsection shall be conclusive that the provisions of subsections (2) and (3) of this section have been complied with and shall not be enquired into in any court of law.

c. In this subsection references to the Speaker shall, if the person holding the office of Speaker is for any reason unable to perform the functions of his office and no the r person is performing them, include references to the Deputy Speaker.

(9) In this Section and the Schedule to this Constitution references to any of the provisions of this constitution or the Supreme Court Order include references to any law that alters that provision.

Oath by members.

39. (1) Every member of the House shall, before taking his seat in the House, take and subscribe before the House the oath of allegiance but a member may before taking that oath part in the election of the Speaker.

(2) Any person elected to the office of Speaker shall, if he has not already taken and subscribed the oath of allegiance under subsection (1) of this section, take and subscribe that oath before the House before entering upon the duties of his office.

Proceeding.

40. There shall preside at any sitting of the House-

a. the Speaker:

b. in the absence of the Speaker, the Deputy Speaker; or

c. in the absence of the Speaker and the Deputy Speaker, such member of the House (not being a member of the Cabinet or Parliamentary Secretary) as the House may elect for that purpose:

Provided that the Speaker shall not precede when a motion for his removal from office is before the House.

Voting.

41. (1) save as otherwise provided in section 17(7), 30(4), 38(2) or 49(3) of this Constitution, any question proposed for decision in the House shall be determined by a majority of the votes of the members present and voting:

Provided that question of no condense in the Government shall be determined by a majority of the votes of all the Representatives.

(2) A question shall not be regarded as having been validity determined by a vote in the House unless at least eight members, or such greater number of members as Parliament may prescribe, take part in the voting.

(3) The references to the members of the House in section 30(4) of this Constitution, subsection (1) of this section and sections 51(4) and 57 of this Constitution shall not included the Attorney-General if he is a member by virtue of section 24(3) of this Constitution.

(4) A Speaker who was elected from among the members of the House or other member presiding in the House shall not vote unless on any question the votes of the members are equally divided, in which case he shall have and exercise a casting vote:

Provided that in the case of the question of the final reading of such a bill as is referred to in section 38(2) of this Constitution he shall, if he is a Representative, have an original vote but no casting vote.

(5) A Speaker who was elected from among persons who were not members of the House shall have neither an original nor a casting vote and if, upon any question before the House when such a Speaker is presiding, the votes of the members are equally divided, the motion shall be lost.

Penalty for sitting if unqualified.

42. (1) Any person who sits or votes in the House knowing or having reasonable grounds for knowing that he is nor entitled to do so shall be guilty of an offence, and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by Parliament, for each day on which he so sits or votes in the House.

(2) Any prosecution for an offence under this section shall be instituted in the High Court and shall not be so instituted except by the Director of Public Prosecutions.

Mode of exercise of legislative power.

43. (1) The power of Parliament to make laws shall be exercised by bills passed by the House and assent to by the Governor-General.

(2) When a bill is submitted to the Governor-General for assent in accordance with the provisions of this Constitution he shall signify that he assents.

(3) When the Governor-General assents to a bill that has been submitted to him in accordance with the provisions of this Constitution the bill shall become law and the Governor-General shall thereupon cause it to be published in the Official Gazette as law.

(4) No law made by Parliament shall come into operation until it has been published in the Official Gazette but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect.

Restrictions with regard to certain financial measures.

44. Except on the recommendation of the Governor-General signified by a Minister, the House shall not-

a. proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes:-

i) for the imposition of taxation or the alteration of taxation otherwise than by reduction;

ii) for the imposition of any charge upon the Consolidated Fund or any other public fund of Saint Vincent or the alteration of any such charge otherwise than by reduction;

iii) for the payment, issue or withdrawal from the Consolidated Fund or any other public fund of Saint Vincent of any monies not charged thereon or any increase in the amount of such payment, issue or withdrawal; or

iv) for the composition or remission of any debt due to the Government; or

b. proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.

Regulation of procedure in House.

45. (1) Subject to the provisions of this Constitution, the House may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings.

(2) The House may act not withstanding any vacancy in its membership (including any vacancy not lied when the House first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.

Freedom of speech.

46. Without prejudice to any provision made by Parliament relating to the powers, privileges and immunities of the members and officers of the House and of other persons concerned in the business of the House or its committees, no civil or criminal proceedings may be instituted against any member of the House for words spoken before, or written in a report to, the House or a committee thereof or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise.

PART 3

SUMMONING, PROROGATION AND DISSOLUTION

Sessions.

47. (1) Each session of Parliament shall be held at such place within Saint Vincent and shall being at such time, not being later than six months from the end of the preceding section if Parliament has been prorogued or one month from the holding of a general election of Representatives if Parliament has been dissolved, as the Governor-General shall appoint by Proclamation.

(2) a. if notice in writing is given to the Speaker signed by not less than three Representatives, of a motion of no confidence in the Government the Speaker shall-

i) if the House is then sitting or has been summoned to meet within five days, cause the motion to be considered by the House within seven days of the notice; or

ii) if the House is not then sitting and has not been so summoned (and notwithstanding that Parliament may be prorogued) ammo the House to meet within fourteen days of the notice and cause the motion to be considered at that meeting:

Provided that if the House does not, within twenty-one days of the notice, meet and dispose of the motion the Clerk of the House shall summon a special meeting of the House at such time and place as he may specify for the purpose of debating and disposing of the motion.

b. The provisions of paragraph (a.) of this subsection shall be without prejudice to the power of the House to provided by its rules of procedure that notice of a motion of no confidence in the Government may be given by any member of the House or the power of the House to debate and dispose of such a motion at any sitting of the House.

(3) Subject to the foregoing provisions of this section, the sitting of the House shall be held at such time and place as the House may, by its rules of procedure or otherwise, determine.

Prorogation and dissolution.

48. (1) The Governor-General may at any time prorogue or dissolve Parliament.

(2) Subject to the provisions of subsection (3) of this section Parliament, unless sooner dissolved, shall continue for five years from the date of the first sitting of the House after any dissolution and shall then stand dissolved.

(3) At any time when Saint Vincent is at war, Parliament may extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time:

Provided that the life of Parliament shall not be extended under this subsection for more than five years.

(4) Where a Parliament that has been dissolved is recalled under section 49(2) of this Constitution, that Parliament shall, unless sooner dissolved, again stand dissolved at the date appointed for the nomination for the nomination of candidates in the next succeeding general election of Representatives.

(5) In the exercise of this power to dissolve Parliament, the Governor-General shall act in accordance with the advice of the Prime Minister:

Provided that-

a. if the Prime Minister advises a dissolution and the Governor-General, acting in his own deliberate judgment, considers that the government of Saint Vincent can be carried on without a dissolution and that a dissolution would not be in the interests of Saint Vincent, he may, acting in his own deliberate judgment, refuse to dissolve Parliament;

b. if a resolution of no confidence in the Government is passed and the Prime Minister does not within three days either resign or advise a dissolution, the Governor-General, acting in his own deliberate judgment, may dissolve Parliament; and

c. if the office of Prime Minister is vacant and the Governor General, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to appoint to that office a Representative who can command the support of the majority of the Representatives, the Governor-General shall dissolve Parliament.

Election to House of Assembly.

49. (1) Subject to the provisions of subsection (3) of this section a general election of Representatives shall be held at such time within ninety days after any dissolution of Parliament, or if the House has been dissolved by reason of a vote of no confidence in the Government at such time within thirty days after the dissolution, as the Governor-General may appoint.

(2) If, after a dissolution and before the date appointed for the nomination of candidates in the next succeeding general election of representatives, the Prime Minister advises the Governor-General that, owing to the existence of a state of war or a state of emergency in Saint Vincent, it is necessary to recall Parliament, the Governor-General shall summon the Parliament that has been dissolved to meet, but subject to the provisions of subsection (3) of this section, that general election shall proceed.

(3) The House of Parliament that has been recalled may, by a resolution supported by the votes of not less than two-thirds of all the Representatives, extend the period of ninety days specified in subsection (1) of this section for not more than a further ninety days in respect of the next succeeding general election, and on the passing of such a resolution any appointment previously made with respect to the date on which that general election shall be held or candidates therein shall be nominated shall cease to have effect.

(4) Where the seat of a member of the House falls vacant otherwise than by reason of a dissolution of Parliament-

a. if the vacant seat is that of a Representative a by-election shall be held; or

b. if the vacant seat is that of a Senator an appointment shall be made,

to fill the vacancy within ninety days of the occurrence of the vacancy unless Parliament is sooner dissolved.

(5) Whenever it has been determined under section 36 of this Constitution that the election of any person as a Representative is invalid the Governor-General shall issue a writ for the election of a Representative to fill the vacancy returnable within ninety days of the final decision of the High Court or, if the determination was by the Court of Appeal, within ninety days of the decision of the Court of Appeal.

CHAPTER IV

THE EXECUTIVE

Executive authority.

50. (1) The executive authority of Saint Vincent is vested in Her Majesty.

(2) Subject to the provisions of this Constitution, the executive authority of Saint Vincent may be exercised on behalf of Her Majesty by the Governor-General either directly or through officers subordinate to him.

(3) Nothing in this section shall prevent Parliament form conferring functions on persons or authorities other than the Governor-General.

Ministers of the Government.

51. (1) There shall be a Prime Minister of Saint Vincent who shall be appointed by the Governor-General.

(2) Whenever the Governor-General has occasion to appoint a Prime Minister he shall appoint a Representative who appears to him likely to command the support of the majority of the Representatives.

(3) There shall be, in addition to the office of Prime Minister, such officers of Minister of the Government as may be established by Parliament or, subject to the provisions of any law enacted by Parliament, by the Governor-General, casting in accordance with the advice of the Prime Minister.

(4) Appointments to the office of Minister, other than the office of Prime Minister, shall be made by the Governor-General, acting in accordance with the advice of the Prime Minister, from among the members of the House:

Provided that not more than two Ministers shall be appointed from among the Senators.

(5) If occasion arises for making an appointment to the office of Prime Minister or any other Minister while Parliament is dissolved, then, Notwithstanding the provisions of subsections (2) and (4) of this section a person who was a Representative immediately before the dissolution may be appointed Prime Minister and a person who was a Senator immediately before the dissolution may be appointed as any Minister other than Prime Minster:

Provided that no more than two persons who were Senators may be Ministers.

(6) The Governor-General shall remove the Prime Minister from office if a resolution of no confidence in the Government is passed by the House and the Prime Minister does not within three days either resign from his office or advise the Governor-General to dissolve Parliament.

(7) If, at any time between the holding of a general election of Representatives and the first meeting of the House thereafter, the Governor-General considers that in consequence of changes in the membership of the House resulting from that election the Prime Minister will not be able to command the support of the majority of the Representatives, the Governor-General may remove the Prime Minster from office.

(8) The office of any Minister shall become vacant-

a. if the holder of the office ceases to be a member of the House otherwise than by reason of the dissolution of Parliament;

b. in the case of the Prime Minister, if, when the House first meets after the dissolution of Parliament, he is not Representative;