Constitution › Chapter III · The Governor-General

Section 23

Deputy to Governor-General

Official text · word for word

23. Deputy to Governor-General

(1) When the Governor-General

(a) has occasion to be absent from the seat of government but not from Saint Christopher and Nevis;

(b) has occasion to be absent from Saint Christopher and Nevis for a period that he or she considers, in his or her own deliberate judgment, will be of short duration; or

(c) is suffering from an illness that he or she considers, in his or her own deliberate judgment, will be of short duration,

he or she may appoint any person in Saint Christopher and Nevis to be his or her deputy during such absence or illness and in that capacity to perform on his or her behalf such of the functions of the office of Governor-General as he or she may specify.

(2) Without prejudice to subsection (1), the Governor-General shall appoint a person in the island of Nevis as Deputy Governor-General to be his or her deputy in that island and in that capacity to signify on his or her behalf that he or she assents or withholds his or her assent to any bill passed by the Nevis Island Assembly and to perform on his or her behalf such other functions of the office of Governor-General relating to that island as he or she may specify.

(3) The power and authority of the Governor-General shall not be abridged, altered or in any way affected by the appointment of a deputy under this section and, subject to the provisions of this Constitution and any other law, a deputy shall conform to and observe all instructions that the Governor-General, acting in his or her own deliberate judgment, may from time to time address to him or her: Provided that the question whether or not a deputy has conformed to and observed any such instructions shall not be enquired into by any court of law.

(4) Subject to subsection (5), a person appointed under subsection (1) or, as the case may be, subsection (2) shall hold his or her appointment for such period as may be specified by the Governor-General at the time of his or her appointment.

(5) Any appointment made under subsection (1) or, as the case may be, subsection (2) may be revoked at any time by the Governor-General.

(6) The Governor-General shall act

(a) in relation to the making of an appointment under subsection (1) or the revocation of such an appointment, in accordance with the advice of the Prime Minister; and

(b) in relation to the making of an appointment under subsection (2) or the revocation of such an appointment, in accordance with the advice of the Premier.