Elections in the Constitution

(1) Each of the constituencies established in accordance with the provisions of section 50 of this Constitution shall return one Representative to the National Assembly who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law enacted by Parliament.

(2) Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in Saint Christopher and Nevis as Parliament may prescribe shall, unless he or she is disqualified by Parliament from registration as such, be entitled to be registered as a voter for the purpose of electing Representatives in one (but not more than one) constituency in accordance with the provisions of any law in that behalf and no other person may be registered as such.

(3) Every person who is registered under subsection (2) in any constituency shall, unless he or she is disqualified by Parliament from voting in any election of Representatives or of members of the Nevis Island Assembly, be entitled so to vote in that constituency in accordance with the provisions of any law in that behalf and no other person may so vote.

(4) In any election of Representatives the votes shall be given by ballot in such manner as not to disclose how any particular person votes.

Subject to section 28, a person shall be qualified to be elected or appointed as a member of the National Assembly if, and shall not be so qualified unless, he or she is a citizen of the age of twenty-one years or upwards and he or she or one of his or her parents was born in Saint Christopher and Nevis and he or she is domiciled there at the date of his or her nomination for election or his or her appointment, as the case may be.

(1) A person shall not be qualified to be elected or appointed as a member if he or she

(a) is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;

(b) is a minister of religion;

(c) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law;

(d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law; or

(e) is under sentence of death imposed on him or her 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 or her by such a court or substituted by competent authority for some other sentence imposed on him or her by such a court, or is under such a sentence of imprisonment the execution of which has been suspended.

(2) If it is so provided by Parliament, a person shall not be qualified to be elected or appointed as a member if he or she 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 Representatives or members of the Nevis Island Assembly or the compilation of any register of voters for the purpose of electing Representatives or members of that Assembly.

(3) If it is so provided by Parliament, a person who is convicted by any court of law of any criminal offence that is prescribed by Parliament and that is connected with the election of Representatives or members of the Nevis Island Assembly or is reported guilty of such an offence by the court trying an election petition shall not be qualified, for such a period (not exceeding five years) following his or her 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 to be elected as a Representative who is a Senator; and a person shall not be qualified to be appointed as a Senator who is, or is nominated for election as, a Representative or who has at any time since Parliament was last dissolved stood as a candidate for election as a Representative without being so elected.

(5) If it is so provided by Parliament, and subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be elected or appointed as a member if

(a) he or she holds or is acting in any office or appointment (whether specified individually or by reference to a class of office or appointment) other than the office of elected member or nominated member of the Nevis Island Assembly or member of the Nevis Island Administration;

(b) he or she belongs to any defence force or to any class of person that is comprised in any such force;

(c) he or she belongs to any police force or to any class of person that is comprised in any such force; or

(d) subject to any exceptions or limitations prescribed by Parliament, he or she has any such interest in any such government contract as may be so prescribed.

(6) In this section “government contract” means any contract made with the Government or with a department of the Government or with an officer of the Government contracting as such; “member” means member of the National Assembly; “minister of religion” means any person in holy orders and any other person the principal functions of whose occupation include teaching or preaching in any congregation for religious worship.

(7) For the purposes of paragraph (e) of subsection (1),

(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 one 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.

There shall be for Saint Christopher and Nevis a Parliament which shall consist of Her Majesty and a National Assembly.

(1) The National Assembly shall consist of

(a) such number of Representatives as corresponds with the number of constituencies for the time being established in accordance with section 50; and

(b) such number of Senators as is specified in subsection (2), who shall be appointed in accordance with section 30.

(2) The number of Senators shall be three or such greater number (not exceeding two-thirds of the number of Representatives) as may be prescribed by Parliament: Provided that at any time when a person who is a Senator holds the office of Attorney-General the number of Senators shall be increased by one.

(3) If a person who is not a member of the National Assembly is elected to be Speaker he or her shall, by virtue of holding the office of Speaker, be a member of the Assembly.

(4) 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 National Assembly.

(5) Any person who sits or votes in the National Assembly knowing or having reasonable grounds for knowing that he or she is not entitled to do so shall be guilty of a criminal 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 or she so sits or votes in the Assembly.

(6) Any prosecution for an offence under subsection (5) shall be instituted in the High Court and shall not be so instituted except by the Director of Public Prosecutions.

(1) Of the Senators

(a) one-third of their number (excluding any Senator who holds the office of Attorney-General) shall be appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition; and

(b) the others shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister.

(2) In this section “one-third” means, in relation to a number of Senators that is not a multiple of three, one-third of the next higher number that is such a multiple.

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

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

(3) At any time when Her Majesty is at war, Parliament may extend the period of five years specified in subsection (2) 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) In the exercise of his or her powers to dissolve Parliament the Governor-General shall act in accordance with the advice of the Prime Minister: Provided that if the office of the Prime Minister is vacant and the Governor-General, acting in his or her own deliberate judgment, considers that there is no prospect of his or her being able within a reasonable time to appoint to that office a person who can command the support of the majority of the Representatives, the Governor-General shall dissolve Parliament.

(5) If, after a dissolution of Parliament and before the holding of the general election of Representatives, the Prime Minister advises the Governor-General that, because of some matter of urgent national importance, it is necessary to recall Parliament, the Governor-General shall summon the Parliament that has been dissolved to meet, but the general election of Representatives shall proceed and the Parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the date appointed for the nomination of candidates in that general election.

(1) A general election of members of the National Assembly shall be held at such time within ninety days after any dissolution of Parliament as the Governor-General may appoint.

(2) Where the seat of a member of the National Assembly 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.

(1) Each session of Parliament shall be held at such place within Saint Christopher and Nevis and shall begin at such time, not being later than one hundred and eighty days from the end of the preceding session if Parliament has been prorogued or ninety days from the holding of a general election of Representatives if Parliament has been dissolved, as the Governor-General shall appoint by proclamation.

(2) Subject to subsection (1), the sittings of the National Assembly shall be held at such time and place as the Assembly may, by its rules of procedure or otherwise, determine.

(1) There shall be for Saint Christopher and Nevis an Electoral Commission (hereinafter in this section referred to as the Commission) which shall consist of:,

(a) a chairperson appointed by the Governor-General, acting in his or her own deliberate judgment;

(b) one member appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and

(c) one member appointed by 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 he or she is a Representative, a Senator or a member of the Nevis Island Assembly or a public officer nor, in the case of the chairperson, unless he or she holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than seven years.

(3) A member of the Commission shall vacate his or her office

(a) at the expiration of such period as may be specified by the Governor-General at the time of his or her appointment;

(b) if any circumstances arise that, if he or she were not a member of the Commission, would cause him or her to be disqualified for appointment as such; or

(c) if the Governor-General, acting in his or her own deliberate judgment in the case of the chairperson, in accordance with the advice of the Prime Minister in the case of a member appointed under subsection (1)(b) or in accordance with the advice of the Leader of the Opposition in the case of a member appointed under subsection (1)(c), so directs.

(4) The function of the Commission shall be to supervise the Supervisor of Elections in the performance of his or her functions under sections 34(1), 38(9) and 113(5).

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

(6) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership 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.

(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 Governor-General or, if the Governor-General so decides, by such other person who is not a public officer as may for the time being be so designated.

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

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

(5) The Supervisor of Elections may, whenever he or she considers it necessary or expedient to do so and shall whenever so required by the Commission, report to the Electoral Commission on the exercise of his or her functions under subsection (1); he or she shall also 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 National Assembly first meets after he or she has received the report, lay it before the Assembly together with such comments thereon as he or she may have received from the Commission.

(6) In the exercise of his or her powers under subsection (2) the Governor-General shall act in his or her own deliberate judgment after consulting the Prime Minister, the Premier and the Leader of the Opposition.

(7) In the exercise of his or her functions under subsection (1), the Supervisor of Elections shall act in accordance with such directions as he or she may from time to time be given by the Electoral Commission but shall not be subject to the direction or control of any other person or authority.

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

(1) There shall be for Saint Christopher and Nevis a Constituency Boundaries Commission (hereinafter in this section referred to as the Commission) which shall consist of:

(a) a chairperson appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after the Governor-General has consulted the Leader of the Opposition and such other persons as the Governor-General, acting in his or her own deliberate judgment, has seen fit to consult;

(b) two members of the National Assembly appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and

(c) two members of the Assembly appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition: Provided that the chairperson shall not be a member of the Assembly or of the Nevis Island Assembly.

(2) A member of the Commission shall vacate his or her office

(a) at the next dissolution of Parliament after his or her appointment;

(b) in the case of the chairperson, if any circumstances arise that, if he or she were not a member of the Commission, would cause him or her to be disqualified for appointment as such;

(c) in the case of a member other than the chairperson, if he or she ceases to be a member of the National Assembly otherwise than by reason of the dissolution of Parliament; or

(d) if the Governor-General, acting in accordance with the advice of the Prime Minister given after the Governor-General has consulted the Leader of the Opposition in the case of the chairperson, in accordance with the advice of the Prime Minister in the case of a member appointed under subsection (1)(b) or in accordance with the advice of the Leader of the Opposition in the case of a member appointed under subsection (1)(c), so directs.

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

(4) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership 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.

(1) The Constituency Boundaries Commission (hereinafter in this section referred to as the Commission) shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which Saint Christopher and Nevis is divided and submit to the Governor-General reports either

(a) showing the constituencies into which it recommends that Saint Christopher and Nevis should be divided in order to give effect to the rules set out in Schedule 2; or

(b) stating that, in its opinion, no alteration is required to the existing number or boundaries of constituencies in order to give effect to those rules.

(2) Reports under subsection (1) shall be submitted by the Commission at intervals of not less than two nor more than five years.

(3) As soon as may be after the Commission has submitted a report under subsection (1)(a), the Prime Minister shall lay before the National Assembly for its approval the draft of a proclamation by the Governor-General for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft proclamation may make provision for any matters that appear to the Prime Minister to be incidental to or consequential upon the other provisions of the draft.

(4) Where any draft proclamation laid before the National Assembly gives effect to any recommendations of the Commission with modifications, the Prime Minister shall lay before the Assembly together with the draft a statement of the reasons for the modifications.

(5) If the motion for the approval of any draft proclamation laid before the National Assembly under subsection (3) is rejected by the Assembly, or is withdrawn by leave of the Assembly, the Prime Minister shall amend the draft and lay the amended draft before the Assembly.

(6) If any draft proclamation laid before the National Assembly under-subsection (3) or (5) is approved by a resolution of the Assembly, the Prime Minister shall submit it to the Governor-General who shall make a proclamation in terms of the draft; and that proclamation shall come into force upon the next dissolution of Parliament after it is made.

(7) The question of the validity of any proclamation by the Governor-General purporting to be made under subsection (6) and reciting that a draft thereof has been approved by resolution of the National Assembly shall not be enquired into in any court of law except upon the ground that the proclamation does not give effect to rule 1 in schedule 2.

(Section 50(1))

RULES FOR DELIMITATION OF CONSTITUENCIES

1. There shall be not less than eight constituencies in the island of Saint Christopher and not less than three constituencies in the island of Nevis and if the number of constituencies is increased beyond eleven, not less than one-third of their number shall be in the island of Nevis.

2. All constituencies shall contain as nearly equal numbers of inhabitants as appears to the Constituency Boundaries Commission to be reasonably practicable but the Commission may depart from this rule to such extent as it considers expedient to take account of the following factors, that is to say,

(a) the requirements of rule 1 and the differences in the density of the populations in the respective islands of Saint Christopher and Nevis;

(b) the need to ensure adequate representation of sparsely populated rural areas;

(c) the means of communication;

(d) geographical features; and

(e) existing administrative boundaries.

SAINT CHRISTOPHER AND NEVIS CONSTITUENCY BOUNDARIES ORDER

(SRO 25 of 1983, 21 of 1988)

1. Citation.

This Order may be cited as the Saint Christopher and Nevis Constituency Boundaries Order.

2. Number of Constituencies and Boundaries.

There shall be eight (8) constituencies in the Island of Saint Christopher and three (3) constituencies in the Island of Nevis and their respective boundaries shall be as contained in the Schedule hereto.

SCHEDULE

1. Electoral District of Saint Christopher (1).

All that portion of the Parish of Saint George, Basseterre, including the town of Basseterre, to the east of a line running from the sea northwards through the centre of Fort Street, Victoria Road and its continuation to the Parish Boundary.

2. Electoral District of Saint Christopher (2).

All that central portion of the Parish of Saint George, Basseterre including the town of Basseterre, between a line running from the sea northwards through the centre of Fort Street, Victoria Road and its continuation to the Parish Boundary and a line running from the sea northwards through the centre of Wigley Avenue and its continuation to the Parish Boundary.

3. Electoral District of Saint Christopher (3).

All that portion of the Parish of Saint George, Basseterre, including the town of Basseterre, to the west of a line running from the sea northwards through the centre of Wigley Avenue and its continuation to the Parish Boundary, to Willits Ghaut in the Parish of Trinity Palmetto Point and its continuation to the Parish Boundary between the Parish of Trinity Palmetto Point and the Parish of Christ Church, Nichola Town.

4. Electoral District of Saint Christopher (4).

All that portion of the Parish of Trinity, Palmetto Point west of Willits Ghaut and the Parish of Saint Thomas, Middle Island.

5. Electoral District of Saint Christopher (5).

The Parish of Saint Anne, Sandy Point.

6. Electoral District of Saint Christopher (6).

The Parish of Saint Paul, Capisterre and all that portion of the Parish of Saint John, Capisterre northwest of Harris Ghaut and its continuation to the Parish Boundary between the Parish of Saint John, Capisterre and the Parish of Saint Thomas, Middle Island.

7. Electoral District of Saint Christopher (7).

All that portion of the Parish of Saint John, Capisterre, southeast of Harris Ghaut and its continuation to the Parish Boundary between the Parish of Saint John, Capisterre and the Parish of St. Thomas, Middle Island to the Parish of Christ Church Nichola Town and all that portion of the Parish of Saint Mary, Cayon West of Ottleys Ghaut from the sea to the Island Main Road and west of the road leading to Ottleys Estate from that point and the continuation of that road and the track to the Parish Boundary between the Parish of Saint Mary, Cayon and the Parish of Trinity, Palmetto Point. (Substituted by SRO 21/1988)

8. Electoral District of Saint Christopher (8).

All that portion of the Parish of Saint Mary, Cayon, east of Ottleys Ghaut from the sea to the Island Main Road and east of the road leading to Ottleys Estate from that point and the continuation of that road and the track to the Parish Boundary between the Parish of Saint Mary, Cayon and the Parish of Trinity, Palmetto Point and the Parish of Saint Peter, Basseterre. (Substituted by SRO 21/1988)

9. Electoral District of Nevis (9).

The Parishes of Saint John, Fig Tree and Saint Paul, Charlestown.

10. Electoral District of Nevis (10).

The Parish of Saint George, Gingerland.

11. Electoral District of Nevis (11).

The Parishes of Saint James, Windward and Saint Thomas, Lowland.

(1) There shall be a Prime Minister of Saint Christopher and Nevis who shall be appointed by the Governor-General.

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

(3) There shall be, in addition to the office of Prime Minister, an office of Deputy Prime Minister and such other offices 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, acting 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 National Assembly.

(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), a person who was a Representative immediately before the dissolution may be appointed as Prime Minister and a person who was a Representative or a Senator immediately before the dissolution may be appointed as any Minister other than Prime Minister.

(6) The Governor-General shall remove the Prime Minister from office if a resolution of no confidence in the Government is passed by the National Assembly and the Prime Minister does not within three days either resign from his or her 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 National Assembly there-after, the Governor-General considers that in consequence of changes in the membership of the Assembly 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 Minister 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 National Assembly otherwise than by reason of the dissolution of Parliament;

(b) in the case of the Prime Minister, if, when the Assembly first meets after any dissolution of Parliament, he or she is not then a Representative;

(c) in the case of any other Minister, if, when the Assembly first meets after any dissolution of Parliament, he or she is not then a Representative or a Senator; or

(d) if, by virtue of section 31(4), he or she is required to cease to perform his or her functions as a member of the Assembly.

(9) The office of a Minister other than the Prime Minister shall become vacant

(a) if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs;

(b) if the Prime Minister resigns from office within three days after a resolution of no confidence in the Government has been passed by the National Assembly or is removed from office under subsection (6) or (7); or

(c) on the appointment of any person to the office of Prime Minister.

(10) In the exercise of the powers conferred upon him or her by subsections (2) and (7) the Governor- General shall act in his or her own deliberate judgment.

(1) There shall (except at times when no Representative is eligible for appointment) be a Leader of the Opposition in the National Assembly who shall be appointed by the Governor-General.

(2) Whenever there is occasion for the appointment of a Leader of the Opposition the Governor-General shall appoint the Representative who appears to him or her most likely to command the support of a majority of the Representatives who do not support the Government: or, if no Representative appears to him or her to command such support, the Representative who appears to him or her to command the support of the largest single group of Representatives who do not support the Government: Provided that no Representative shall be eligible for appointment unless it appears to the Governor-General that that Representative commands the support of at least one other Representative.

(3) If occasion arises to appoint a Leader of the Opposition during the period between a dissolution of Parliament and the day on which the ensuing election of Representatives is held, an appointment may be made as if Parliament had not been dissolved.

(4) The office of Leader of the Opposition shall become vacant

(a) if he or she ceases to be a member of the National Assembly otherwise than by reason of a dissolution of Parliament;

(b) if, when the Assembly first meets after a dissolution of Parliament, he or she is not then a Representative;

(c) if, by virtue of section 31(4), he or she is required to cease to perform his or her functions as a member of the Assembly; or

(d) if he or she is removed from office by the Governor-General under subsection (5).

(5) If it appears to the Governor-General that the Leader of the Opposition is no longer able to command the support of a majority of the Representatives who do not support the Government or (if no Representative appears to him or her to be able to command such support) the support of the largest single group of Representatives who do not support the Government, he or she shall remove the Leader of the Opposition from office.

(6) The powers of the Governor-General under this section shall be exercised by him or her in his or her own deliberate judgment.

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

(2) The Speaker may be elected from among the members of the National Assembly who are not members of the Cabinet or Parliamentary Secretaries or from among persons who are not members of the Assembly but who are qualified for election as a Representative or appointment as a Senator.

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

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

(5) A person shall vacate the office of Speaker or Deputy Speaker,

(a) in the case of a Speaker elected from among the members of the National Assembly or in the case of the Deputy Speaker,

(i) if he ceases to be a member of the Assembly: Provided that the Speaker shall not vacate his or her office by reason only that he or she has ceased to be a member of the Assembly on a dissolution of Parliament, until the Assembly first meets after the dissolution; or

(ii) if he or she becomes a member of the Cabinet or a Parliamentary Secretary.

(b) in the case of a Speaker elected from among persons who are not members of the Assembly,

(i) when the Assembly first meets after any dissolution of Parliament;

(ii) if he or she ceases to be a citizen; or

(iii) if any circumstances arise that would cause him or her to be disqualified for election as a Representative or appointment as a Senator; or

(c) in the case of the Deputy Speaker, if he or she is elected to be Speaker. (6)(a) If, by virtue of section 31(4), the Speaker or the Deputy Speaker is required to cease to perform his or her functions as a member of the National Assembly he or she shall also cease to perform his or her functions as Speaker or Deputy Speaker, as the case may be, and those functions shall, until he or she vacates his or her seat in the Assembly or resumes the performance of the functions of his or her office, be performed,

(i) in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his or her functions as a member of the Assembly, by such member of the Assembly (not being a member of the Cabinet or a Parliamentary Secretary) as the Assembly may elect for the purpose;

(ii) in the case of the Deputy Speaker, by such member of the Assembly (not being a member of the Cabinet or a Parliamentary Secretary) as the Assembly may elect for the purpose. (b) If the Speaker or Deputy Speaker resumes the performance of his or her functions as a member of the Assembly, he or she shall also resume the performance of his or her functions as Speaker or Deputy Speaker, as the case may be.

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

(a) any person has been validly elected as a Representative;

(b) any person has been validly appointed as a Senator;

(c) any person who has been elected as Speaker from among persons who were not members of the National Assembly was qualified to be so elected or has vacated the office of Speaker; or

(d) any member of the Assembly has vacated his or her seat or is required, by virtue of section 31(4), to cease to perform his or her functions as a member of the Assembly.

(2) An application to the High Court for the determination of any question under subsection (1)(a) may be made by any person entitled to vote in the election to which the application relates or by any person who was, or who alleges that he or she was, a candidate at that election or by the Attorney-General and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.

(3) An application to the High Court for the determination of any question under subsection (1)(b) or (1)(c) may be made by any Representative or by the Attorney-General and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.

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

(a) by any Representative or by the Attorney-General; or

(b) in the case of the seat of a Representative, by any person registered in some constituency as a voter in elections of Representatives,

and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear and be represented in the proceedings.

(5) There shall be such provision as may be made by Parliament with respect to

(a) 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

(b) the powers, practice and procedure of the High Court in relation to any such application.

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

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

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

(1) An elected or appointed member shall vacate his or her seat in the National Assembly at the next dissolution of Parliament after his or her election or appointment.

(2) A Senator appointed under subsection (1)(a) of section 30 shall vacate his or her seat in the National Assembly if his or her appointment is revoked by the Governor-General, acting in accordance with the advice of the Leader of the Opposition, and a Senator appointed under subsection (1)(b) of that section shall vacate his or her seat in the Assembly if his or her appointment is revoked by the Governor-General, acting in accordance with the advice of the Prime Minister.

(3) An elected or appointed member shall also vacate his or her seat in the Assembly

(a) if he or she is absent from the sittings of the Assembly for such period and in such circumstances as may be prescribed in the rules of procedure of the Assembly;

(b) if he or she ceases to be a citizen;

(c) subject to subsection (4), if any other circumstances arise that, if he or she were not a member, would cause him or her to be disqualified to be elected or appointed as such by virtue of subsection (1) of section 28 or of any law enacted in pursuance of subsection (2), (3) or (5) of that section; or

(d) in the case of a Senator who holds the office of Attorney-General, if he or she ceases to hold that office.

(4) (a) If any such circumstances as are referred to in paragraph (c) of subsection (3) arise because an elected or appointed member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court of law or other authority or without such leave) he or she shall forthwith cease to perform his or her functions as a member but, subject to the provisions of this section, he or she shall not vacate his or her 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 National Assembly. (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 on the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he or she shall forthwith vacate his or her seat. (c) If at any time before the member vacates his or her seat such circumstances cease to exist, his or her seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he or she may resume the performance of his or her functions as a member.

(5) In this section, “member” means member of the National Assembly.

(1) Save as otherwise provided in sections 19(8), 37(6) or 38(2), any question proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting: Provided that questions of no confidence in the Government shall be determined by a majority of the votes of all the Representatives.

(2) Except in the case of a question of no confidence in the Government, a question shall not be regarded as having been validly determined by a vote in the National Assembly on occasions when the numbers of members voting are recorded unless not less than three-fifths of all the members, or such greater number of members as Parliament may prescribe, take part in the voting.

(3) Subject to subsection (4), a person presiding in the Assembly shall not vote unless on any question the votes of the members are equally divided, in which case he or she shall have and exercise a casting vote: Provided that in the case of the question of the final reading of any such bill as is referred to in section 38(2) he or she shall, if he or she is a Representative, have an original vote but no casting vote.

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

(1) A Representative or a Senator may resign his or her seat by writing under his or her hand addressed to the Speaker and the resignation shall take effect, and the seat shall accordingly become vacant, when the writing is received, as the case may be, by

(a) the Speaker;

(b) if the office of Speaker is vacant or the Speaker is for any reason unable to perform the functions of his or her office and no other person is performing them, the Deputy Speaker; or

(c) if the office of Deputy Speaker is vacant or the Deputy Speaker is for any reason unable to perform the functions of his or her office and no other person is performing them, the Clerk of the National Assembly.

(2) The Speaker or the Deputy Speaker may resign his or her office by writing under his or her hand addressed to the National Assembly and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the Clerk of the National Assembly.

(3) Any person who has been appointed to an office established by this Constitution (other than an office to which subsection (1) or (2) applies) or any office of Minister established under this Constitution may resign that office by writing under his or her hand addressed to the person or authority by whom he or she was appointed and the resignation shall take effect, and the office shall accordingly become vacant

(a) at such time or on such date (if any) as may be specified in the writing; or

(b) when the writing is received by the person or authority to whom it is addressed, or by such person as may be authorised to receive it,

whichever is the later: Provided that the resignation may be withdrawn before it takes effect if the person or authority to whom the resignation is addressed consents to its withdrawal.

There shall be a legislature for the island of Nevis, which shall be styled the Nevis Island Legislature and shall consist of Her Majesty and an assembly styled the Nevis Island Assembly.

(1) The Nevis Island Assembly shall consist of:

(a) such number of elected members as corresponds with the number of electoral districts for the time being established under section 50, as applied with modifications by section 104(1); and

(b) three nominated members or such greater number (not exceeding two-thirds of the number of elected members) as may be prescribed by the Nevis Island Legislature.

(2) Of the nominated members,

(a) one-third of their number shall be appointed by the Governor-General in accordance with the advice of the Leader of the Opposition in the Assembly; and

(b) the others shall be appointed by the Governor-General in accordance with the advice of the Premier.

(3) Without prejudice to sections 27 and 28, as applied with modifications by section 104(1), a person shall not be qualified for election to the Assembly unless, at the time when the election is held, he or she would be entitled to vote in elections of Representatives held in the island of Nevis.

(4) For the purposes of section 29(2), as applied with modifications by section 104(1), the provision made by Parliament in relation to the election of elected members of the Assembly shall be such that the persons entitled to vote in elections of such elected members are persons entitled to vote in elections of Representatives in the island of Nevis.

(5) If a person who is not a member of the Assembly is elected to be president of the Assembly he or she shall, by virtue of holding the office of president, be a member of the Assembly.

(6) Any person who sits or votes in the Assembly knowing or having reasonable grounds for knowing that he or she is not entitled to do so shall be guilty of a criminal offence and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by the Nevis Island Legislature, for each day on which he or she so sits or votes in the Assembly.

(7) Any prosecution for an offence under subsection (6) shall be instituted in the High Court and shall not be so instituted except by the Director of Public Prosecutions.

(8) In subsection (2) “one-third” means, in relation to a number of nominated members that is not a multiple of three, one-third of the next higher number that is such a multiple.

(1) There shall be a Nevis Island Administration, which shall consist of:

(a) a Premier; and

(b) two other members or not less than two nor more than such greater number of members as the Nevis Island Legislature may prescribe, who shall be appointed by the Governor-General.

(2) The Governor-General, acting in his or her own deliberate judgment, shall appoint as Premier an elected member of the Assembly who seems to him or her likely to command the support of the majority of the elected members of the Assembly.

(3) The Governor-General, acting in accordance with the advice of the Premier, shall appoint the other members of the Administration from among the members of the Assembly.

(4) If a member of the Administration is absent from Saint Christopher and Nevis or is for any reason unable to discharge his or her functions as such, the Governor-General, acting in accordance with the advice of the Premier, may appoint another member of the Assembly to be a temporary member of the Administration in his or her place and may terminate any such appointment.

(5) The functions of the Administration shall be to advise the Governor-General in the government of the island of Nevis and the Administration shall be collectively responsible to the Assembly for any advice given to the Governor-General by or under the general authority of the Administration and for all things done by or under the authority of any member of the Administration in the execution of his or her office.

(6) Subsection (5) shall not apply in relation to

(a) the assignment of responsibility to any member of the Administration under section 54, as applied with modifications by section 104(4), or the authorisation of another member of the Administration to perform the functions of the Premier during absence or illness;

(b) the dissolution of the Nevis Island Legislature;

(c) the matters referred to in section 66 of this Constitution (which relate to the prerogative of mercy); or

(d) any matter in respect of which the Nevis Island Legislature has no power to make laws for the island of Nevis.

(1) Sections 27, 28, 29, 31, 32, 34, 35, 36, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 56(3), 58, 78(5), 88(5) and 117(1) and (2) and schedule 2 shall apply in relation to the Assembly as they apply in relation to the National Assembly and for that purpose they shall have effect as if

(a) references to the National Assembly (except the reference in the proviso to section 49(1)) were references to the Assembly;

(b) references to Representatives or to Senators (except the references in subsection 28(2) and (3) to Representatives) were references to elected members or, as the case may be, to nominated members of the Assembly;

(c) references to constituencies were references to electoral districts;

(d) references to the Government, to the Prime Minister or any other Minister, to the Leader of the Opposition or to the Speaker were references to the Administration, to the Premier, to the Leader of the Opposition in the Assembly or, as the case may be, to the president of the Assembly;

(e) references to the Consolidated Fund or any other public fund of the Government of Saint Christopher and Nevis were references to the Nevis Island Consolidated Fund or any other public fund of the Administration;

(f) references to the Deputy Speaker or to a Parliamentary Secretary were deleted;

(g) the reference in section 28(5)(a) to the office of elected member or nominated member of the Assembly or member of the Administration were a reference to the office of Representative, Senator, Minister or Parliamentary Secretary;

(h) the reference in section 29(2) to residence in Saint Christopher and Nevis were a reference to residence in the island of Nevis;

(i) the reference in section 31 to section 30 were a reference to section 101(2), paragraph (d) of section 31(3) were deleted, the references in section 41 to sections 19(8) and 37(6) were deleted and the references in that section to section 38(2) were references to section 113(2);

(j) the references in sections 31, 32, 42, 46, 47 and 48 to Parliament were references to the Nevis Island Legislature and the references in sections 46, 49 and 50 to Saint Christopher and Nevis were references to the island of Nevis; and

(k) rule 1 and paragraph (a) of rule 2 were deleted from schedule 2 and in place of rule 1 the following rule were substituted: “1. There shall be not less than five electoral districts in the island of Nevis.”

(2) Any provision made by Parliament such as is referred to in section 45 shall apply in relation to the Assembly and its members, officers and committees as it applies in relation to the National Assembly and its members, officers and committees.

(3) Before advising the Governor-General to dissolve the Assembly under section 47, as applied with modifications by subsection (1) of this section, the Premier shall consult the Prime Minister.

(4) Section 52 (except subsections (1), (2), (3) and (4)) and sections 54, 55, 57, 60, 61 and 62 shall apply in relation to the Administration as they apply in relation to the Cabinet and for that purpose they and Part 3 of schedule 4 shall have effect as if

(a) references to the Prime Minister were references to the Premier;

(b) references to a Minister were references to a member of the Administration;

(c) references to the Government or to the Cabinet were references to the Administration;

(d) references to Parliament or to the National Assembly were references to the Nevis Island Legislature or, as the case may be, to the Assembly.

(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 National Assembly 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, schedule 1 to this Constitution or any of the provisions of this Constitution specified in Part 1 of that schedule or any of the provisions of the Supreme Court Order specified in Part 2 of that schedule shall not be submitted to the Governor-General for his or her assent unless

(a) there has been an interval of not less than ninety days between the introduction of the bill in the National Assembly and the beginning of the proceedings in the Assembly on the second reading of the bill; and

(b) after it has been passed by the Assembly the bill has been approved on a referendum by not less than two-thirds of all the votes validly cast on that referendum in the island of Saint Christopher and two-thirds of all the votes validly cast on that referendum in the island of Nevis.

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

(a) section 99 in order to give effect to any agreement between Saint Christopher and Nevis and the United Kingdom concerning appeals from any court having jurisdiction in Saint Christopher and Nevis to Her Majesty in Council;

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

(c) any of the provisions of this Constitution relating to the island of Nevis that have become spent or inappropriate as a result of the enactment by the Nevis Island Legislature of a law under section 113(1) providing that the island of Nevis shall cease to be federated with the island of Saint Christopher.

(5) A bill to alter section 104 in its application to other provisions of this Constitution (not being provisions referred to in subsection (3) of this section) shall not be submitted to the Governor-General for his or her assent unless the alteration is in accordance with a request from, or the consent of, the Nevis Island Assembly signified by resolution; and references in section 104 to those other provisions shall not be construed as including references to any law altering those other provisions unless that section is altered so to provide.

(6) Every person who, at the time when a referendum is held for the purposes of this section, would be entitled to vote in elections of Representatives held in the island of Saint Christopher shall be entitled to vote on that referendum in that island; every person who, at that time, would be entitled to vote in elections of Representatives held in the island of Nevis shall be entitled to vote on that referendum in that island: and no other person shall be entitled to vote on that referendum in the island of Saint Christopher or, as the case may be, in the island of Nevis.

(7) The right of any person to vote on a referendum under this section shall be exercised in accordance with such procedures as may be prescribed by Parliament for the purposes of the referendum.

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

(9) 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 (7) of section 34 shall apply in relation to the exercise by the Supervisor of Elections or by any other officer of his or her functions with respect to a referendum as they apply in relation to the exercise of his or her functions with respect to elections of Representatives.

(10) (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 or her assent unless it is accompanied by a certificate under the hand of the Speaker that the provisions of subsection (2) and, where applicable, those of subsection (3)(a) have been complied with and, where a referendum has been held in pursuance of subsection (3)(b), 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 subsection (2) and, where applicable, those of subsection (3) 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 or her office and no other person is performing them, include references to the Deputy Speaker.

(1) The Nevis Island Legislature may provide that the island of Nevis shall cease to be federated with the island of Saint Christopher and accordingly that this Constitution shall no longer have effect in the island of Nevis.

(2) A bill for the purposes of subsection (1) shall not be regarded as being passed by the Assembly unless on its final reading the bill is supported by the votes of not less than two-thirds of all the elected members of the Assembly and such a bill shall not be submitted to the Governor-General for his or her assent unless

(a) there has been an interval of not less than ninety days between the introduction of the bill in the Assembly and the beginning of the proceedings in the Assembly on the second reading of the bill;

(b) after it has been passed by the Assembly, the bill has been approved on a referendum held in the island of Nevis by not less than two-thirds of all the votes validly cast on that referendum; and

(c) full and detailed proposals for the future constitution of the island of Nevis (whether as a separate state or as part of or in association with some other country) have been laid before the Assembly for at least six months before the holding of the referendum and those proposals, with adequate explanations of their significance, have been made available to the persons entitled to vote on the referendum at least ninety days before the holding of the referendum.

(3) Every person who, at the time when the referendum is held, would be entitled to vote at elections of Representatives held in the island of Nevis 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 the Nevis Island Legislature for the purposes of the referendum and no other person shall be entitled so to vote.

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

(5) 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 (7) of section 34 shall apply in relation to the exercise by the Supervisor of Elections or by any other officer of his or her functions with respect to a referendum as they apply in relation to the exercise of his or her functions with respect to elections of Representatives.

(6) There shall be such provision as may be made by the Nevis Island Legislature to enable independent and impartial persons nominated by an international authority to observe the conduct of a referendum for the purposes of this section and to make reports on the conduct or results of the referendum to the Governor-General, who shall cause any such reports to be published, and for that purpose any such persons shall be accorded such powers, privileges and immunities as may be prescribed by or under any law enacted by Parliament or, subject thereto, by or under any law enacted by the Nevis Island Legislature.

(7) A bill for the purposes of subsection (1) shall not be submitted to the Governor-General for his or her assent unless it is accompanied by a certificate under the hand of the president of the Assembly that the provisions of subsection (2) have been complied with and a certificate under the hand of the Supervisor of Elections stating the results of the referendum.

(8) The certificate of the president of the Assembly under this subsection shall be conclusive that the provisions of subsection (2) have been complied with and shall not be enquired into in any court of law.