Official text · word for word
(Section 120)
TEXT OF PROVISIONS APPLIED WITH MODIFICATIONS
Arrangement of provisions
PART 1 – PROVISIONS APPLIED BY SECTION 104(1)
CHAPTER IV – THE LEGISLATURE
PART 1 – COMPOSITION OF THE LEGISLATURE
27. Qualifications for elected and nominated members 28. Disqualifications for elected and nominated members 32. President 34. Supervision of elections 35. Clerk of Assembly and his staff 36. Determination of questions of membership
PART 2 – PROCEDURE IN THE LEGISLATURE
39. Oath 40. Presiding 41. Voting 42. Mode of exercise of legislative power 43. Restrictions with regard to certain financial measures 44. Regulation of procedure in Assembly 45. Freedom of speech
PART 3 – SUMMONING, PROROGATION AND DISSOLUTION
46. Sessions 47. Prorogation and dissolution 48. Holding of elections
PART 4 – DELIMITATION OF ELECTORAL DISTRICTS
49. Boundaries Commission 50. Review of boundaries of electoral districts
CHAPTER V – THE EXECUTIVE
56. Exercise of Governor-General’s functions 58. Leader of the Opposition
CHAPTER VII – THE PUBLIC SERVICE
PART 1 – THE PUBLIC SERVICE COMMISSION
78. Appointment etc. of public officers
PART 5 – PENSIONS
88. Pensions laws and protection of pensions rights
CHAPTER XI – MISCELLANEOUS
117. Resignations
SCHEDULE 2
RULES FOR DELIMITATION OF ELECTORAL DISTRICTS
PART 2 – PROVISIONS APPLIED BY SECTION 104(4)
CHAPTER V – THE EXECUTIVE
52. Members of the Administration 54. Allocation of portfolios 55. Absence or illness of Premier 57. Governor-General to be kept informed 60. Oaths 61. Permanent secretaries 62. Secretary to Administration
PART 3 – PROVISIONS APPLIED BY SECTION 108(2)
CHAPTER VI – FINANCE
70. Withdrawals from Consolidated Fund or other public funds 71. Authorisation of expenditure from Consolidated Fund by the appropriation law 72. Authorisation of expenditure in advance of appropriation 73. Warrants for unforeseen expenditure 75. Public debt 76. Audit of public accounts etc
PART 4 – INTERPRETATION
TEXT OF PROVISIONS APPLIED WITH MODIFICATIONS
PART 1 – PROVISIONS APPLIED BY SECTION 104(1)
CHAPTER IV – THE LEGISLATURE
PART 1 – COMPOSITION OF THE LEGISLATURE
27. Qualifications for elected and nominated members.
Subject to section 28, a person shall be qualified to be elected or appointed as a member of the 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.
28. Disqualifications for elected and nominated members.
(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 acknowledgment 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 a 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 or the compilation of any register of voters for the purpose of electing Representatives or members.
(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 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 member who is a nominated member; and a person shall not be qualified to be appointed as a nominated member who is, or is nominated for election as, an elected member or who has at any time since the Legislature was last dissolved stood as a candidate for election as a member 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 Representative, Senator, Minister or Parliamentary Secretary;
(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 Administration or with a department of the Administration or with an officer of the Administration contracting as such; “member” means member of the 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.
29. Election of members.
(1) Each of the electoral districts established in accordance with the provisions of section 50 shall return one member to the 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 in the island of Nevis 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 members of the Assembly in one (but not more than one) electoral district 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 electoral district shall, unless he or she is disqualified by Parliament from voting in any election of Representatives or of members of the Assembly, be entitled to vote in that electoral district in accordance with the provisions of any law in that behalf and no other person may so vote.
(4) In any election of members of the Assembly, the votes shall be given by ballot in such manner as not to disclose how any particular person votes.
31. Tenure of office of elected and nominated members.
(1) An elected or appointed member shall vacate his or her seat in the Assembly at the next dissolution of the Legislature after his or her election or appointment.
(2) A member appointed in accordance with the provisions of subsection (2)(a) of section 101 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 Leader of the Opposition, and a member appointed in accordance with the provisions of subsection (2)(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 Premier.
(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; or
(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.
(4) (a) If any such circumstances as are referred to in paragraph (c) of subsection (3) arise because any 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 president of the Assembly 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 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 or 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 Assembly.
32. President.
(1) When the 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 President of the Assembly; and if the office of President falls vacant at any time before the next dissolution of the Legislature the Assembly shall, as soon as practicable, elect another person to that office.
(2) The President of the Assembly may be elected from among the members of the Assembly who are not members of the Administration or from among persons who are not members of the Assembly but who are qualified for election as an elected member, or appointment as a nominated member, of the Assembly.
(3) No business shall be transacted in the Assembly (other than the election of a President) at any time when the office of President of the Assembly is vacant.
(4) A person shall vacate the office of President of the Assembly,
(a) in the case of a president elected from among the members of the Assembly,
(i) if he or she ceases to be a member of the Assembly: Provided that he or she 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 the Legislature until the Assembly first meets after dissolution; or
(ii) if he or she becomes a member of the Administration.
(b) in the case of a President elected from among persons who are not members of the Assembly,
(i) when the Assembly first meets after any dissolution of the Legislature;
(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 an elected member, or appointment as a nominated member, of the Assembly. (6) (a) If, by virtue of section 31(4), the president of the Assembly is required to cease to perform his or her functions as a member of the Assembly he or she shall also cease to perform his or her functions as president 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 by such member of the Assembly (not being a member of the Administration) as the Assembly may elect for the purpose. (b) If the president 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 president.
34. Supervision of elections.
(1) The Supervisor of Elections shall exercise general supervision over the registration of voters in elections of members of the Assembly and over the conduct of such elections. (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 members of the National Assembly; 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 that Assembly together with such comments thereon as he or she may have received from the Commission. (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.
35. Clerk of Assembly and his or her staff.
(1) There shall be a Clerk of the Nevis Island Assembly.
(2) The office of the Clerk of the Nevis Island Assembly and the offices of the members of his or her staff shall be public offices.
36. Determination of questions of membership.
(1) The High Court shall have jurisdiction to hear and determine any question whether
(a) any person has been validly elected as a member of the Assembly;
(b) any person has been validly appointed as a member of the Assembly;
(c) any person who has been elected as president of the Assembly from among persons who were not members of the Assembly was qualified to be so elected or has vacated the office of president; 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 subsection (1)(c) may be made by any elected member of the Assembly 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 elected member of the Assembly or by the Attorney-General; or
(b) in the case of the seat of an elected member of the Assembly, by any person registered in some electoral district as a voter in elections of members of the Assembly and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear to 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).
(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.
PART 2 – PROCEDURE IN THE LEGISLATURE
39. Oath.
(1) Every member of the Assembly shall, before taking his or her seat in the Assembly, take and subscribe before the Assembly the oath of allegiance but a member may before taking that oath take part in the election of the president of the Assembly.
(2) Any person elected to the office of president of the Assembly shall, if he or she has not already taken and subscribed the oath of allegiance under subsection (1), take and subscribe that oath before the Assembly before entering upon the duties of his or her office.
40. Presiding.
There shall preside at any sitting of the Assembly
(a) the president of the Assembly; or
(b) in the absence of the president, such member of the Assembly (not being a member of the Administration) as the Assembly may elect for that purpose.
41. Voting.
(1) Save as otherwise provided in section 113(2), any question proposed for decision in the Assembly shall be determined by a majority of the votes of the members present and voting: Provided that questions of no confidence in the Administration shall be determined by a majority of the votes of all the elected members of the Assembly.
(2) Except in the case of a question of no confidence in the Administration, a question shall not be regarded as having been validly determined by a vote in the 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 the Legislature 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 113(2) he or she shall, if he or she is an elected member of the Assembly, have an original vote but no casting vote.
(4) A president of the Assembly who was elected from among persons who were not members of the Assembly shall have neither an original nor a casting vote and if, upon any question before the Assembly when such a president is presiding, the votes of the members are equally divided, the motion shall be lost.
42. Mode of exercise of legislative power.
(1) The power of the Legislature to make laws shall be exercised by bills passed by the Assembly and assented 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 or she shall signify that he or she assents or that he or she withholds assent.
(3) When the Governor-General assents to a bill that has been submitted to him or her 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 Gazette as law.
(4) No law made by the Legislature shall come into operation until it has been published in the Gazette but the Legislature may postpone the coming into operation of any such law and may make laws with retrospective effect.
43. Restrictions with regard to certain financial measures.
Except on the recommendation of the Governor-General signified by the Premier, the Assembly 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 the Administration 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 the Administration of any moneys 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 Crown in right of the Administration; 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.
44. Regulation of procedure in Assembly.
(1) Subject to the provisions of this Constitution, the Assembly may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings.
(2) The Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the Assembly 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 Assembly shall not invalidate those proceedings.
45. Freedom of speech.
Without prejudice to any provision made by Parliament relating to the powers, privileges and immunities of the Assembly and its committees, or the privileges and immunities of the members and officers of the Assembly and of other persons concerned in the business of the Assembly or its committees, no civil or criminal proceedings may be instituted against any member of the Assembly for words spoken before, or written in a report to, the Assembly or a committee thereof or by reason of any matter or thing brought by him or her therein by petition, bill, resolution, motion or otherwise.
PART 3 – SUMMONING, PROROGATION AND DISSOLUTION
46. Sessions.
(1) Each session of the Legislature shall be held at such place within the island of Nevis, and shall begin at such time, not being later than one hundred and eighty days from the end of the preceding session if the Legislature has been prorogued or ninety days from the holding of a general election of members of the Assembly if the Legislature has been dissolved, as the Governor-General shall appoint by proclamation.
(2) Subject to subsection (1), the sittings of the Assembly shall be held at such time and place as the Assembly may, by its rules of procedure or otherwise, determine.
47. Prorogation and dissolution.
(1) The Governor-General may at any time prorogue or dissolve the Legislature.
(2) Subject to subsection (3), the Legislature, unless sooner dissolved, shall continue for five years from the date of the first sitting of the Assembly after any dissolution and shall then stand dissolved.
(3) At any time when Her Majesty is at war, the Legislature 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 the Legislature shall not be extended under this subsection for more than five years.
(4) In the exercise of his or her powers to dissolve the Legislature the Governor-General shall act in accordance with the advice of the Premier but before any such advice is given the Premier shall consult the Prime Minister: Provided that if the office of the Premier 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 elected members of the Assembly, the Governor-General shall dissolve the Legislature.
(5) If, after a dissolution of the Legislature and before the holding of the general election of members of the Assembly, the Premier advises the Governor-General that, because of some matter of urgent national importance, it is necessary to recall the Legislature the Governor-General shall summon the Legislature that has been dissolved to meet, but the general election of members of the Assembly shall proceed and the Legislature 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.
48. Holding of elections.
(1) A general election of members of the Assembly shall be held at such time within ninety days after any dissolution of the Legislature as the Governor-General may appoint.
(2) Where the seat of a member of the Assembly falls vacant otherwise than by reason of a dissolution of the Legislature,
(a) if the vacant seat is that of an elected member, a by-election shall be held; or
(b) if the vacant seat is that of a nominated member, an appointment shall be made,
to fill the vacancy within ninety days of the occurrence of the vacancy unless the Legislature is sooner dissolved.
PART 4 – DELIMITATION OF ELECTORAL DISTRICTS
49. Boundaries Commission.
(1) There shall be for the island of Nevis an Electoral Districts 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 Premier 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 Assembly appointed by the Governor-General, acting in accordance with the advice of the Premier; 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 National Assembly.
(2) A member of the Commission shall vacate his or her office
(a) at the next dissolution of the Legislature 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 Assembly otherwise than by reason of the dissolution of the Legislature; or
(d) if the Governor-General, acting in accordance with the advice of the Premier 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 Premier 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 Premier, 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.
50. Review of boundaries of electoral districts.
(1) The Electoral Districts 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 electoral districts into which the island of Nevis is divided and submit to the Governor-General reports either
(a) showing the electoral districts into which it recommends that the island of 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 electoral districts 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 Premier shall lay before the 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 Premier to be incidental to or consequential upon the other provisions of the draft.
(4) Where any draft proclamation laid before the Assembly gives effect to any recommendations of the Commission with modifications, the Premier 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 Assembly under this section is rejected by the Assembly, or is withdrawn by leave of the Assembly, the Premier shall amend the draft and lay the amended draft before the Assembly.
(6) If any draft proclamation laid before the Assembly under this section is approved by resolution of the Assembly, the Premier 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 the Legislature after it is made.
(7) The question of the validity of any proclamation by the Governor-General purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the 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.
CHAPTER V – THE EXECUTIVE
56. Exercise of Governor-General’s functions.
(3) During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with section 58 and willing to accept appointment or if the Governor-General, acting in his or her own deliberate judgment, considers that it is not practicable for him or her to obtain the advice of, or to consult, the Leader of the Opposition within the time within which it may be necessary for him or her to act, he or she may act without that advice and in his or her own deliberate judgment or, as the case may be, without such consultation, in the exercise of any power conferred upon him by this Constitution in respect of which it is provided that he or she shall act on the advice of, or after consultation with, the Leader of the Opposition.
58. Leader of the Opposition.
(1) There shall (except at times when no elected member of the Assembly is eligible for appointment) be a Leader of the Opposition in the 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 elected member of the Assembly who appears to him or her most likely to command the support of a majority of the elected members of the Assembly who do not support the Administration or, if no elected member appears to him or her to command such support, the elected member who appears to him or her to command the support of the largest single group of elected members of the Assembly who do not support the Administration: Provided that no elected member shall be eligible for appointment unless it appears to the Governor-General that the elected member commands the support of at least one other elected member.
(3) If occasion arises to appoint a Leader of the Opposition during the period between a dissolution of the Legislature and the day on which the ensuing election of members of the Assembly is held, an appointment may be made as if the Legislature 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 Assembly otherwise than by reason of a dissolution of the Legislature;
(b) if, when the Assembly first meets after a dissolution of the Legislature, he or she is not then an elected member of the Assembly;
(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 the provisions of 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 elected members of the Assembly who do not support the Administration or (if no elected member appears to him or her to be able to command such support) the support of the largest single group of elected members of the Assembly who do not support the Administration, 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.
CHAPTER VII – THE PUBLIC SERVICE
PART 1 – THE PUBLIC SERVICE COMMISSION
78. Appointment etc. of public officers. (5) Before the Public Service Commission makes any recommendation in relation to the Clerk of the Nevis Island Assembly or a member of his or her staff for the purposes of subsection (1) or (2) and before any other person or authority exercises in relation to the Clerk of the Nevis Island Assembly or a member of his or her staff any power delegated to him or her under subsection (2), the Commission or that person or authority shall consult the president of the Assembly.
PART 5 – PENSIONS
88. Pensions laws and protection of pensions rights.
(5) In this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as members of the Assembly or for the widows, children, dependants or personal representatives in respect of such service.
CHAPTER XI – MISCELLANEOUS
117. Resignations.
(1) A member of the Assembly may resign his or her seat by writing under his or her hand addressed to the president of the Assembly 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 president; or
(b) if the office of president is vacant or the president 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 Nevis Island Assembly.
(2) The president of the Assembly may resign his or her office by writing under his or her hand addressed to the Assembly and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the Clerk of the Nevis Island Assembly.
SCHEDULE 2
(Section 50.(1))
RULES FOR DELIMITATION OF ELECTORAL DISTRICTS
1. There shall be not less than five electoral districts in the island of Nevis.
2. All electoral districts shall contain as nearly equal numbers of inhabitants as appears to the Electoral Districts 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, (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.
PART 2 – PROVISIONS APPLIED BY SECTION 104(4)
CHAPTER V – THE EXECUTIVE
52. Members of the Administration.
(5) If occasion arises for making an appointment to the office of Premier or any other member of the Administration while the Legislature is dissolved, then, notwithstanding the provisions of subsections (2) and (4), a person who was an elected member of the Assembly immediately before the dissolution may be appointed as Premier and a person who was an elected or nominated member of the Assembly immediately before the dissolution may be appointed as a member of the Administration other than the Premier. (6) The Governor-General shall remove the Premier from office if a resolution of no confidence in the Administration is passed by the Assembly and the Premier does not within three days either resign from his or her office or advise the Governor-General to dissolve the Legislature. (7) If, at any time between the holding of a general election of members of the Assembly and the first meeting of the Assembly thereafter, the Governor-General considers that in consequence of changes in the membership of the Assembly resulting from that election the Premier will not be able to command the support of the majority of the elected members of the Assembly, the Governor-General may remove the Premier 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 Assembly otherwise than by reason of the dissolution of the Legislature;
(b) in the case of the Premier, if, when the Assembly first meets after any dissolution of the Legislature, he or she is not then an elected member of the Assembly;
(c) in the case of any other member of the Administration, if, when the Assembly first meets after any dissolution of the Legislature, he or she is not then an elected or nominated member of the Assembly; or
(d) if, by virtue of section 31(4) of this Constitution, he or she is required to cease to perform his or her functions as a member of the Assembly. (9) The office of a member of the Administration other than the Premier shall become vacant (a) if the Governor-General, acting in accordance with the advice of the Premier, so directs; (b) if the Premier resigns from office within three days after a resolution of no confidence in the Administration has been passed by the Assembly or is removed from office under subsection (6) or (7); or (c) on the appointment of any person to the office of Premier.
54. Allocation of portfolios.
The Governor-General, acting in accordance with the advice of the Premier, may, by directions in writing, assign to the Premier or any other member of the Administration, responsibility for any business of the Administration, including the administration of any department of the Administration.
55. Absence or illness of Premier.
(1) Whenever the Premier is absent from Saint Christopher and Nevis or by reason of illness is unable to perform the functions conferred upon him or her by this Constitution, the Governor-General may authorise some other member of the Administration to perform those functions (other than the functions conferred by this section) and that member may perform those functions until his or her authority is revoked by the Governor-General.
(2) The powers of the Governor-General under this section shall be exercised by him or her in accordance with the advice of the Premier: Provided that if the Governor-General, acting in his or her own deliberate judgment, considers that it is impracticable to obtain the advice of the Premier owing to his or her absence or illness he may exercise those powers without that advice and in his or her own deliberate judgment.
57. Governor-General to be kept informed.
The Premier shall keep the Governor-General fully informed concerning the general conduct of the Administration and shall furnish the Governor-General with such information as he or she may request with respect to any particular matter for which the Administration is responsible.
60. Oaths.
A member of the Administration shall not enter upon the duties of his or her office unless he or she has taken and subscribed the oath of allegiance, the oath of office and the oath of secrecy.
61. Permanent secretaries.
Where any member of the Administration has been charged with responsibility for any department of the Administration, he or she shall exercise general direction and control over that department; and, subject to such direction and control, every department of the Administration shall be under the supervision of a permanent secretary whose office shall be a public office: Provided that two or more departments may be placed under the supervision of one permanent secretary.
62. Secretary to Administration.
(1) There shall be a Secretary to the Administration whose office shall be a public office.
(2) The Secretary to the Administration, who shall have charge of the Administration Office, shall be responsible, in accordance with such instructions as may be given to him or her by the Premier, for arranging the business for, and keeping the minutes of, the Administration and for conveying the decisions of the Administration to the appropriate person or authority and shall have such other functions as the Premier may direct.
PART 3 – PROVISIONS APPLIED BY SECTION 108(2)
CHAPTER VI – FINANCE
70. Withdrawals from Consolidated Fund or other public funds.
(1) No moneys shall be withdrawn from the Consolidated Fund except
(a) to meet expenditure that is charged upon the Fund by any law enacted by the Legislature; or
(b) where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of section 72.
(2) Where any moneys are charged by any law enacted by the Legislature upon the Consolidated Fund or any other public fund of the Administration, they shall be paid out of that fund by the Administration to the person or authority to whom payment is due.
(3) No moneys shall be withdrawn from any public fund other than the Consolidated Fund unless the issue of those moneys has been authorised by or under any law.
(4) There shall be such provision as may be made by the Legislature prescribing the manner in which withdrawals may be made from the Consolidated Fund or any other public fund of the Administration.
(5) The investment of moneys forming part of the Consolidated Fund shall be made in such manner as may be prescribed by or under a law enacted by the Legislature.
(6) Notwithstanding subsection (1), provision may be made by or under a law enacted by the Legislature authorising withdrawals to be made from the Consolidated Fund, in such circumstances and to such extent as may be prescribed by or under a law enacted by the Legislature, for the purpose of making repayable advances.
71. Authorisation of expenditure from Consolidated Fund by the appropriation law.
(1) The member of the Administration for the time being responsible for finance shall cause to be prepared and laid before the Assembly before, or not later than sixty days after, the commencement of each financial year estimates of the revenues and expenditure of the Administration for that financial year.
(2) When the estimates of expenditure (other than expenditure charged upon the Consolidated Fund by any law enacted by the Legislature) have been approved by the Assembly, a bill, known as an appropriation bill, shall be introduced in the Assembly providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several services required, to the purposes specified therein.
(3) If in respect of any financial year it is found
(a) that the amount appropriated by the appropriation law to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that law; or
(b) that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose by the appropriation law or for a purpose to which no amount has been appropriated by that law;
a supplementary estimate showing the sums required or spent shall be laid before the Assembly and, when the supplementary estimate has been approved by the Assembly, a supplementary appropriation bill shall be introduced in the Assembly providing for the issue of such sums from the Consolidated Fund and appropriating them to the purposes specified therein.
72. Authorisation of expenditure in advance of appropriation.
There shall be such provision as may be made by the Legislature under which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the member of the Administration for the time being responsible for finance may authorise the withdrawal of moneys from the Consolidated Fund for the purpose of meeting expenditure necessary to carry on the services of the Administration until the expiration of four months from the beginning of that financial year or the coming into operation of the law, whichever is the earlier.
73. Warrants for unforeseen expenditure.
(1) If it appears to the member of the Administration for the time being responsible for finance that
(a) there is an urgent need to incur expenditure;
(b) no provision exists for that expenditure in any appropriation law or other law; and
(c) it would not be in the public interest to delay the authorisation of that expenditure until such time as a supplementary estimate can be laid before the Assembly;
the member may, by special warrant, authorise the issue from the Consolidated Fund of the moneys required to meet that expenditure: Provided that the total sum for the time being authorised to be issued under this subsection, for which no provision has been made by an appropriation law, shall not exceed such amount as may be prescribed by the Legislature.
(2) Where in any financial year any expenditure has been authorised by special warrant under subsection (1) the member of the Administration for the time being responsible for finance shall cause a supplementary estimate relating to that expenditure to be laid before the Assembly at the first sitting of the Assembly occurring after the expiration of the fourteen days from the date of the warrant and a supplementary appropriation bill shall be introduced in the Assembly providing for the issue of the sums authorised to be spent and appropriating them to the purposes specified therein.
75. Public debt.
(1) All debt charges for which the Administration is liable shall be a charge on the Consolidated Fund.
(2) For the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of the debt created thereby.
76. Audit of public accounts etc.
(2) The Director of Audit shall
(a) satisfy himself or herself that all moneys that have been appropriated by the Legislature and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure conforms to the authority that governs it; and
(b) at least once in every year audit and report on the public accounts of the Administration, the accounts of all officers and authorities of the Administration and the accounts of the Clerk of the Assembly. (3) The Director of Audit and any officer authorised by him or her shall have access to all books, records,
returns, reports and other documents that in his or her opinion relate to any of the accounts referred to in subsection (2). (4) The Director of Audit shall submit every report made by him or her in pursuance of subsection (2) to the member of the Administration for the time being responsible for finance who shall, not later than seven days after the Assembly first meets after he or she has received the report, lay it before the Assembly. (5) If the member of the Administration fails to lay a report before the Assembly in accordance with subsection (4) the Director of Audit shall transmit copies of that report to the president of the Assembly who shall, as soon as practicable, present them to the Assembly. (6) The Director of Audit shall exercise such other functions in relation to the accounts of the Administration or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by the Legislature. (7) In the exercise of his or her functions under subsections (2), (3), (4) and (5), the Director of Audit shall not be subject to the direction or control of any other person or authority.
PART 4 – INTERPRETATION
In this schedule, unless the context otherwise requires, “the Administration” means the Nevis Island Administration; “the Assembly” means the Nevis Island Assembly; “the Consolidated Fund” means the Nevis Island Consolidated Fund; “Leader of the Opposition” means the Leader of the Opposition in the Assembly; “the Legislature” means the Nevis Island Legislature;