WHEREAS the People of Saint Christopher and Nevis-
a) declare that the nation is established on the belief in Almighty God and the inherent dignity
of each individual;
b) assert that they are entitled to the protection of fundamental rights and freedoms;
c) believe in the concept of true democracy with free and fair elections;
d) desire the creation of a climate of economic well-being in the context of respect for law and
order; and
e) are committed to achieve their national objectives with a unity of purpose:
NOW THEREFORE, the following provisions shall have effect as the Constitution of Saint
Christopher and Nevis:-
CHAPTER I
THE FEDERATION AND THE CONSTITUTION
1.-(1) The island of Saint Christopher (which is otherwise known as Saint Kitts) and the island of Nevis shall be a sovereign democratic federal state which may be styled Saint Christopher and Nevis or Saint Kitts and Nevis or the Federation of Saint Christopher and Nevis or the Federation of Saint Kitts and Nevis.
(2) The territory of Saint Christopher and Nevis shall comprise all areas that were comprised in the associated state of Saint Christopher and Nevis immediately before 19th September 1983, together with such other areas as may be declared by Parliament to form part of the territory of Saint Christopher and Nevis.
Constitution is supreme law.
2.-This Constitution is the supreme law of Saint Christopher and Nevis and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.
CHAPTER II PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS Fundamental rights and freedoms. 3.-Whereas every person in Saint Christopher and Nevis is entitled to the fundamental rights
and freedoms, that is to say, the right, whatever his race, place of origin, birth, political opinions, colors, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely-
a) life, liberty, security of the person, equality before the law and the protection of the law; b) freedom of conscience, of expression and of assembly and association; and
c) protection for his personal privacy, the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any person does not impair the rights and freedoms of others or the public interest.
4.-(1) A person shall not be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of treason or murder under any law of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of subsection (1) if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable-
a) for the defence of any person from violence or for the defence of property;
b) in order to effect a lawful arrest, or to prevent the escape, or a person lawfully detained;
c) for the purpose of suppressing a riot, insurrection or mutiny; or
d) in order to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
5.-(1) A person shall not be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say-
a) in consequence of his unfitness to plead to a criminal charge;
b) in execution of the sentence or order of a court, whether established for Saint Christopher and Nevis or some other country, in respect of a criminal offence of which he has been convicted;
c) in execution of the order of the High Court or the Court of Appeal punishing him for contempt of that court or of another court or tribunal;
d) in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;
e) for the purpose of bringing him before a court in execution of the order of a court;
f) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law;
g) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years; h) for the purpose of preventing the spread of an infectious of contagious disease;
i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his case or treatment or the protection of the community;
j) for the purpose of preventing the unlawful entry of that person into Saint Christopher and Nevis or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Saint Christopher and Nevis or for the purpose of restricting that person while he is being conveyed through Saint Christopher and Nevis in the course of his extradition or removal as a convicted prisoner from one country to another; or
k) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Saint Christopher and Nevis, or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Saint Christopher and Nevis in which, in consequence of any such order, his presence would otherwise be unlawful.
a) for the purpose of bringing him before a court in execution of the order of a court; or
b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under any law and who is not released, shall be brought before a court without undue delay and in any case not later than seventy-two hours after his arrest or detention.
Provided that a judge, a magistrate or a justice of the peace or an officer of a court of a police officer acting in pursuance of the order of a judge, a magistrate or a justice of the peace shall not be under any personal liability to pay compensation under this subsection in consequence of any act performed by him in good faith in the discharge of the functions of his office and any liability to pay any such compensation in consequence of any such act shall be a liability of the Crown.
(7) For the purposes of subsection (1)(b) a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission or that he is not guilty by reason of insanity shall be regarded as a person who has been convicted of a criminal offence and the detention of that person in consequence of such a verdict shall be regarded as detention in execution of the order of a court.
Protection from slavery of forced labour.
6.-(1) A person shall not be held in slavery or servitude.
a) any labour required in consequence of the sentence or order of a court;
b) labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a defence force, any labour that person is required by law to perform in place of such service; or
d) any labour required during any period of public emergency or in the event of any accident or natural calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that accident or natural calamity, for the purpose of dealing with that situation.
7.-A person shall not be subjected to torture or to inhuman or degrading punishment or other like treatment.
8.-(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except for a public purpose and by or under the provisions of a law that prescribes the principles on which and the manner in which compensation therefor is to be determined and given.
(2) Every person having an interest in or right over property that is compulsorily taken possession of or whose interest in or right over any property is compulsorily acquired shall have a right of direct access to the High Court for-
a) the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest of right and the amount of any compensation to which he is entitled; and b) the purpose of enforcing his right to prompt payment of that compensation:
Provided that, if the legislature so provides in relation to any matter referred to in paragraph (a), the right of access shall be by way of appeal (exercisable as of right at the instance of the person having the interest in or right over the property) from a tribunal or authority, other than the High Court, having jurisdiction under any law to determine that matter.
a) the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party;
b) the imposition of reasonable restrictions on the manner in which any sum of money is to be remitted; or
c) the imposition of reasonable restrictions upon the remission of any sum of money in order to prevent or regulate the transfer to a country outside Saint Christopher and Nevis of capital raised in Saint Christopher and Nevis or in some other country or derived from the natural resources of Saint Christopher and Nevis.
(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1)-
a) to the extent that law in question makes provision for the taking of possession of or acquisition of any property, interest or right-
i) in satisfaction of any tax, rate or due,
ii) by way of penalty for breach of any law or forfeiture in consequence of breach of any law;
iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; v) in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or likely to be injurious to the health of human beings, animals or plants;
vi) in consequence of any law with respect to the limitation of actions; or
vii) for so long only as may be necessary for those purposes, for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out),
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or
b) to the extent that the law in question makes provision for the taking of possession of or acquisition of any of the following property (including an interest in or right over property), that is to say-
i) enemy property;
ii) property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
iii) property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
Protection from arbitrary search or entry.
9.- (1) Except with his own consent, a person shall not be subject to the search of his person or his property or the entry by others on his premises.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-
a) that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development and utilization of mineral resources or the development or utilization of any property for a purpose beneficial to the community;
b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
c) that authorizes an officer or agent of the Government, the Nevis Island Administration, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or any thing thereon for the purposes of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, Administration, authority or body corporate, as the case may be; or
d) that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such an order,
and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Provisions to secure protection of law.
10.-(1) If any person is charged with a criminal offence, then unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence-
a) shall be presumed to be innocent until he is proved or has pleaded guilty;
b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged;
c) shall be given adequate time and facilities for the preparation of his defence;
d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal practitioner of his own choice;
e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence:
Provided that the trial may take place in his absence in any case in which it is so provided by a law under which he is entitled to adequate notice of the charge and the date, time and place of the trial and to a reasonable opportunity of appearing before the court.
a) may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would impair the interests of justice or in interlocutory proceedings or in the interests of public morality, the welfare of persons under the age of eighteen years of the protection of the private lives of persons concerned in the proceedings; or
b) may by a law be empowered or required to do in the interests of defence, public safety or public order.
(12) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-
a) subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;
b) subsection (2)(e) to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds; or
c) subsection (5) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.
11.-(1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.
a) in the interests of defence, public safety, public order, public morality or public health;
b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion; or
c) for the purpose of regulating educational institutions in the interests of the persons who receive or may receive instruction in them,
and except so far as that provisions or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expression shall be construed accordingly.
Protection of freedom of expression.
12.-(1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of expression, including freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interference (whether the communication is to the public generally or to any person or class of persons) and freedom from interference with his correspondence.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision-
a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons of the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating telephony, telegraphy, posts, wireless broadcasting or television; or
c) that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,
and except so far as that provisions or, as the case may be, the things done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
Protection of freedom of assembly and association.
13.-(1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assembly freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests or to form or belong to political parties or other political associations.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision- a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
b) that is reasonably required for the purpose of protecting the rights or freedoms or other persons; or
c) that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,
and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
14.-(1) A person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout Saint Christopher and Nevis, the right to reside in any part of Saint Christopher and Nevis, the right to enter Saint Christopher and Nevis, the right to leave Saint Christopher and Nevis and immunity from expulsion from Saint Christopher and Nevis.
a) for the imposition of restrictions on the movement or residence within Saint Christopher and Nevis of any person or on any person's right to leave Saint Christopher and Nevis that are reasonably required in the interests of defence, public safety or public order;
b) for the imposition of restrictions on the movement or residence within Saint Christopher and Nevis or on the right to leave Saint Christopher and Nevis of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;
c) for the imposition of restrictions, by order of a court, on the movement or residence within Saint Christopher and Nevis of any person or on any person's right to leave Saint Christopher and Nevis either in consequence of his having been found guilty of a criminal offence under any law or for the purpose of ensuring that he appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or lawful removal from Saint Christopher and Nevis;
d) for the imposition of restriction on the acquisition or use by any person of land or other property in Saint Christopher and Nevis;
e) for the imposition of restrictions on the acquisition or use by any person of land or other property in Saint Christopher and Nevis;
f) for the imposition of restrictions upon the movement or residence within Saint Christopher or on the right to leave Saint Christopher and Nevis of any public officer that are reasonable required for the proper performance of his functions; g) for the removal of a person from Saint Christopher and Nevis to be tried or punished in some other country for a criminal offence under the law of that other country or to under go imprisonment in some other country in execution or the sentence or a court in respect of a criminal offence under a law of which he has been convicted; or
h) for the imposition of restrictions on the right of any person to leave Saint Christopher and Nevis that are reasonably required in order to secure the fulfillment of any obligations imposed on that person by law, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in democratic society.
Protection from discrimination on grounds of race etc.
15.-(1) Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either or itself or in its effect.
a) for the appropriation of public revenues or other public funds;
b) with respect to persons who are not citizens;
c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law of persons of that description; or
d) whereby persons of any such description as is mentioned in subsection (3) may be subjected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
Emergency measures derogating from s.5 of 15.
16.-Nothing contained in or done under the authority of a law enacted by Parliament shall be held to be inconsistent with or in contravention of section 5 or 15 to the extent that the law authorizes the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in Saint Christopher and Nevis or in part of Saint Christopher and Nevis during that period.
Protection of persons detained in derogation from s.5.
17.-(1) When a person is detained under emergency measures derogating from section 5 by virtue of section 16 the following provisions shall apply, that is to say-
a) he shall, with reasonable promptitude and in any case not more than seven days after the commencement of his detention, be informed in a language that he understands and is detail of the grounds upon which he is detained and furnished with a written statement in English specifying those grounds in detail;
b) not more than fourteen days after the commencement of his detention, a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provisions of law under which his detention is authorized;
c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than three months, his case shall be reviewed by and independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons who hold the office of magistrate or who are legal practitioners;
d) he shall be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice who shall be permitted to make representations to the tribunal appointed for the review for the case of the detained person; and
e) at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or to be represented by a legal practitioner of his own choice.
Enforcement of protective provisions.
18.-(1) If any person alleges that any of the provisions of section 3 to 17 (inclusive) has been, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter that is lawfully available, that person (or that other person) may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction-
a) to hear and determine any application made by any person in pursuance of subsection (1); and
b) to determine any question arising in the case of any person that is refereed to it in pursuance of subsection (3)
and may make such declarations and orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of section 3 to 17 (inclusive):
Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleger are or have been available to the person concerned under any other law.
Declaration of emergency.
19.-(1) The Governor-General may by proclamation declare that for the purposes of this chapter a state of emergency exists either in Saint Christopher and Nevis.
(2) A proclamation under subsection (1) shall not be effective unless it includes a declaration that the Governor-General is satisfied that a public emergency has arisen-
a) because of the possibility that Her Majesty may shortly be at war;
b) because of the occurrence of any accident or natural calamity, or
c) because action has been taken by any person, or there is an imminent threat of action by any person, of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life.
(3) Every declaration of emergency shall lapse-
a) in the case of a declaration made when the National Assembly sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and
b) in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration
unless it has in the meantime been approved by resolution of the Assembly.
(4) A declaration under subsection (1) that a state of emergency exists in a part of Saint Christopher and Nevis that comprises or includes all or part of the island of Nevis shall, to the extent that it relates to that island, lapse-
a) in the case of a declaration made when the Nevis Island Assembly is sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and
b) in ant other case, at the expiration of a period of twenty- one days beginning with the date of publication of the declaration,
unless it has in the meantime been approved by resolution of the Assembly.
a) a declaration of emergency that has been approved by resolution of the Nevis Island Assembly in pursuance of subsection (3) shall cease to be in force if that resolution ceases to be in force; and furthermore
b) a declaration of emergency that has been approved by resolution of the Nevis Island Assembly in pursuance of subsection (4) shall, to the extent that it relates to the island of Nevis, cease to be in force if that resolution ceases to be in force notwithstanding that a declaration of the National Assembly approving it in pursuance of subsection (3) remains in force.
Interpretation and savings.
20.-(1) In this Chapter, unless the context otherwise requires
"contravention", in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;
"court" means any court of law having jurisdiction in Saint Christopher and Nevis other than a court established by a disciplinary law, and includes Her Majesty in Council and in sections 4 and 6 a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined force;
"disciplinary force" means-
a) a defence force;
b) the Police Force; or
c) a prison service; "member", in relation to a disciplined force, includes any person who, under the law regulating the discipline or that force, is subject to that discipline.
(2) In this Chapter "a period of public emergency" means any period during which-
a) Her Majesty is at war; or
b) there is in force a declaration under section 19 that a state of emergency exists in Saint Christopher and Nevis or in part of Saint Christopher and Nevis.
CHAPTER III
THE GOVERNOR-GENERAL
21.-There shall be for Saint Christopher and Nevis a Governor-General who shall be a citizen appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in Saint Christopher and Nevis.
Acting Governor-General.
22.-(1) During any period when the office of Governor-General is vacant or the holder of the office of Governor-General is absent from Saint Christopher and Nevis or is for any other reason unable to perform the functions of his office those functions shall be performed by such person as Her Majesty may appoint.
a) by reason that he is in passage from one part of Saint Christopher and Nevis to another; or
b) at any time when there is a subsisting appointment of a deputy under section 23(1).
23.-(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 considers, in his own deliberate judgment, will be of short duration; or
c) is suffering from an illness that he considers, in his own deliberate judgment, will be of short duration,
he may appoint any person in Saint Christopher and Nevis to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor-General as he may specify.
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.
24.-A person appointed to hold or act in the office of Governor-General or to be his deputy shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office.
CHAPTER IV
PARLIAMENT PART 1 Composition or Parliament Establishment. 25.-There shall be for Saint Christopher and Nevis a Parliament which shall consist of Her
Majesty and a National Assembly.
National Assembly. 26.-(1) The National Assembly shall consist of- a) such number of Representatives as corresponds with the number or 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.
Qualification for Representatives and Senators.
27.-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 is a citizen of the age of twenty-one years or upwards and he or one of his parents was born in Saint Christopher and Nevis and he is domiciled there at the date of his nomination for election or his appointment, as the case may be.
Disqualifications for Representatives and Senators. 28.-(1) A person shall not be qualified to be elected or appointed as a member if he- a) is, by virtue of his 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 adjudge to be of unsound mind under any law; or
e) is under sentence of death imposed on him by a court of law in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended.
a) he 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 of nominated member of the Nevis Island Assembly or member of the Nevis Island Administration;
b) he belongs to any defence force or to any class of person that is comprised in any such force;
c) he belongs to any police force or to any class of person that is comprised in any such force; or
d) subject to any exception or limitations prescribed by Parliament, he 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 or religion" means any person in holy orders and any other person the principal function 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 or imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentence exceeds twelve months, but if any one of such sentence exceeds that term they shall be regarded as on sentence; and
b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default or the payment of a fine.
Election of Representatives.
29.-(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.
Appointment of Senators.
30.-(1) Of the Senators-
a) one-third or 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 to 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.
31.-(1) An elected or appointed member shall vacate his seat in the National Assembly at the next dissolution of Parliament after his election or appointment.
a) if he is absent from the sittings of the Assembly for such period and in such circumstances as may be prescribed in the rules of procedure or the Assembly;
b) if he ceases to be a citizen;
c) subject to subsection (4), if any other circumstances arise that, if he were not a member, would cause him to be disqualified to be elected or appointed as such by virtue of subsection
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 shall forthwith vacate his seat.
c) If at any time before the member vacates his seat such circumstances cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he may resume the performance of his functions as a member.
(5) In this section "member" means member of the National Assembly.
Speaker and Deputy Speaker.
32.-(1) When the National Assembly first meets after any general election and before it proceeds to the despatch of any other business, if 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.
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 office by reason only that he 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 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 ceases to be a citizen; or
iii) if any circumstances arise that would cause him to be disqualified for election as a Representative or appointment as a Senator; or
c) in the case of the Deputy Speaker, if he 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 functions as a member of the National Assembly he shall also cease to perform his functions as Speaker or Deputy Speaker, as the case may be, and those functions shall, until he vacates his seat in the Assembly or resumes the performance of the functions of his 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 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 functions as a member of the Assembly, he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.
33.-(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 chairman appointed by the Governor-General, acting in his 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.
a) at the expiration of such period as may be specified by the Governor-General at the time of his appointment;
b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such; or
c) if the Governor-General, acting in his own deliberate judgment in the case of the chairman, 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 that Leader of the Opposition in the case of a member appointer under subsection (1)(c), so directs.
Provided that any decision of the Commission shall require the concurrence of a majority of all its members.
Supervisor of Elections.
34.- (1) There shall be a Supervisor of Elections whose duty it shall be to exercise general supervision over the registration of voters in elections of Representatives and over the conduct of such elections.
Clerk of National Assembly and his staff.
35.-(1) There shall be a Clerk of the National Assembly.
(2) The office of the Clerk of the National Assembly and the offices of the members of this staff shall be public offices.
Determination of questions of membership.
36.-(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 validity 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 elected or has vacated the office of Speaker; or
d) any member of the Assembly has vacated his seat or is required, by virtue of section 31(4), to cease to perform his functions as a member of the Assembly.
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 to the High Court for determination of any question under this section; and
b) the powers, practice and procedure of the High Court in relation to any such application.
PART 2
Legislation and Procedure in Parliament
37.-(1) Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Saint Christopher and Nevis.
a) in the interests of external affairs, or
b) in the interests of defence,
those provisions shall accordingly have effect in the island of Nevis; and if there is any inconsistency between those provisions and the provisions of any law enacted by the Nevis Island Legislature, the provisions of the law enacted by Parliament shall prevail.
Alteration of Constitution and Supreme Court Order.
38.-(1) Parliament may alter any of the provisions of this Constitution or of the Supreme Court Order in the manner specified in the following provisions of this section.
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 validity 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 of 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.
b) The certificate of the Speaker under this subsection shall be conclusive that the provisions of subsections (2) and, where applicable, those of subsections (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 office and no other person is performing them, include references to the Deputy Speaker.
39.-(1) Every member of the National Assembly shall, before taking his 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 Speaker.
(2) Any person elected to the office of Speaker shall, if he has not already taken and subscribed the oath of allegiance under subsection (1) take and subscribe that oath before the National Assembly before entering upon the duties of his office.
Presiding.
40.-There shall preside at any sitting of the National Assembly-
a) the Speaker.
b) in the absence of the Speaker, the Deputy Speaker; or
c) in the absence of the Speaker and the Deputy Speaker, such member of the Assembly (not being a member of the Cabinet or a Parliament Secretary) as the Assembly may elect for that purpose.
Voting.
41.-(1) Save as otherwise provided in section 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 question of no confidence in the Government shall be determined by a majority of the votes of all the Representatives.
42.-(1) The power of Parliament to make laws shall be exercised by bills passed by the national Assembly and assented to by the Governor-General.
Restrictions with regard to certain financial measures.
43.-Except on the recommendation of the Governor-General signified by a Minister, the National 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 Government or the alteration of any such charge otherwise than by reduction;
ii) for the payment, issue or withdrawal from the Consolidated Fund or any other public fund of the Government 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 Government; or
b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.
44.- (1) Subject to the provisions of this Constitution, the National Assembly may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings.
(2) The National 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.
Freedom of speech.
45.- Without prejudice to any provision made by Parliament relating to the powers, privileges and immunities of the National 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 or written in a report to, the Assembly or a committee thereof or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise.
PART 3
Summoning, prorogation and dissolution
46.-(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 prorogue 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.
Prorogation and dissolution.
47.-(1) The Governor-General may at any time prorogue or dissolve Parliament.
Holding of elections.
48.-(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, 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.
PART 4
Delimitation of constituencies
49.-(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 chairman 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 own deliberate judgment, has seen fit to consul;
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 chairman shall not be a member of the Assembly or of the Nevis Island Assembly.
(2) A member of the Commission shall vacate his office- a) at the next dissolution of Parliament after his appointment, b) in the case of the chairman, if any circumstances arise that, if he were not a member of the
Commission, would cause him to be disqualified for appointment as such; c) in the case of a member other than the chairman, if he cease 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 chairman, 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), directs.
Provided that any decision of the Commission shall require the concurrence of a majority of all its members.
50.-(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.
CHAPTER V
THE EXECUTIVE
51.-(1) The executive authority of Saint Christopher and Nevis is vested in Her Majesty.
52.-(1) There shall be a Prime Minister of Saint Christopher and Nevis who shall be appointed by the Governor-General.
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 meet after any dissolution of Parliament, he 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 is not then a Representative or a Senator; or
d) if, by virtue of section 31(4), he is required to cease to perform his 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 by subsections (2) and (7) the Governor-General shall act in his own deliberate judgment.
53.-(1) There shall be for Saint Christopher and Nevis a Cabinet of Ministers which shall consist of the Prime Minister and the other Ministers.
a) the appointment and removal from office of Ministers and Parliamentary Secretaries, the assignment of responsibility to any Minister under section 54, or the authorization of another Minister to perform the functions of the Prime Minister during absence or illness;
b) the dissolution of Parliament; c) the matters referred to in section 66 (which relate to the prerogative of mercy);or d) in relation to the government of the island of Nevis, any matter in respect of which
parliament has no power to make laws for the island of Nevis.
Allocation of portfolios.
54.-The Governor-General, acting in accordance with the advice of the Prime Minister, may, by directions in writing, assign to the Prime Minister, or any other Minister responsibility for any business of the Government, including the administration of any department of the Government.
55.-(1) Whenever the Prime Minister is absent from Saint Christopher and Nevis or by reason of illness is unable to perform the functions conferred upon Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the Governor-General.
(2) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister:
Provided that if the Governor-General, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness he may exercise those powers without that advice and in his own deliberate judgment.
Exercise of Governor-General's functions.
56.-(1) In the exercise of his functions the Governor-General shall act in accordance with the
advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in
cases where he is required by this Constitution to act in accordance with the advice of, or the
recommendation of, any person or authority other than the Cabinet:
Provided that the foregoing provisions shall not apply where the Governor-General is
authorized to act in his own deliberate judgment in accordance with the following provisions-
a) section 23 (which relates to the Governor-General's deputy);
b) section 33 and 34 (which relate respectively to the Electoral Commission and to the
Supervisor of Elections);
c) section 49 (which relates to the Constituency Boundaries Commission);
d) sections 52 and 55 (which relates to Minister);
e) section 58 (which relates to the Leader of the Opposition);
f) section 77 (which relates to the Public Service Commission);
g) section 78 (which relates to the appointment etc. of public officers);
h) section 86 (which relates to the Public Service Board of Appean( � and
i) section 102 (which relates to the Nevis Island Administration).
a) the provison to section 47(4) (which requires the Governor-General to dissolve Parliament in certain circumstances);
b) section 52(6) (which requires the Governor-General to remove the Prime Minister from office in certain circumstances);
c) section 57 (which entitles the Governor-General to information);
d) sections 58(5), 77(5), 81(7), 82(7) and 86(5) (which requires the Governor-General to remove the holders of certain offices from office in certain circumstances).
(5) The references in this section to sections 47, 52, 55, 57 and 58 include references to those sections as applied with modifications by section 104 (which relates to institution established for the island of Nevis by Chapter X).
Governor-General to be kept informed.
57.-The Prime Minister shall keep the Governor-General fully informed concerning the general conduct of the Government and shall furnish the Governor-General with such information as he may request with respect to any particular matter for which the Government is responsible.
Leader of the Opposition.
58.-(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.
a) if he 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 is not then a Representative;
c) if, by virtue of section 31(4), he is required to cease to perform his functions as a member of the Assembly; or
d) if he is removed from office by the Governor-General under subsection (5).
Parliamentary Secretaries.
59.-(1) The Governor-General, acting in accordance with the advice of the Prime Minister, may appoint Parliamentary Secretaries from among the members of the National Assembly to assist Ministers in the performance of their duties:
Provided that, if occasion arises for making an appointment while Parliament is dissolved, a person who was a Representative or a Senator immediately before the dissolution may be appointed as a Parliamentary Secretary.
(2) The office of a Parliamentary Secretary 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 with three days after a resolution of no confidence in the Government has been passed by the National Assembly or is removed from office under section 52(6);
c) upon the appointment of any person to the office of Prime Minister; d) if the holder of the office ceases to be a member of the Assembly otherwise than by reason of a dissolution of Parliament;
e) if, when the Assembly first meets after the dissolution of Parliament, he is not then a Representative or a Senator; or
f) if, by virtue of section 31 (4), he is required to cease to perform his functions as a member of the Assembly.
60.- A Minister or a Parliamentary Secretary shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance, the oath of office and the oath of secrecy.
61.-Where any Minister has been charged with responsibility for any department of the Government, he shall exercise general direction and control over that department; and, subject to such direction and control every department of the Government 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.
Secretary to Cabinet.
62.- (1) There shall be a Secretary to the Cabinet whose office shall be a public office.
(2) The Secretary to the Cabinet, who shall have charge of the Cabinet Office, shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall have such other functions as the Prime Minister may direct.
63.-Subject to the provisions of this Constitution and of any other law, the Governor-General may constitute offices for Saint Christopher and Nevis, make appointments to any such office and terminate any such appointment.
Attorney-General.
64.-(1) There shall be an Attorney-General who shall be the principal legal adviser to the Government.
a) to institute and undertake criminal proceedings against any person before any court of law (other than in a court-martial) in respect of any offence under a law alleged to have been committed by that person;
b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and
c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
Prerogative of mercy.
66.-(1) The Governor-General may-
a) grant a pardon, either free or subject to lawful conditions, to any person convicted of any criminal offence under a law;
b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any such offence;
c) substitute a less severe form of punishment for any punishment imposed on any person for any such offence; or
d) remit the whole or any part of any punishment imposed on any person for any such offence or of any penalty or forfeiture otherwise due to the Crown on account of any such offence.
(2) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of such Minister as may from time to time be designated by the Governor-General, acting in accordance with the advice of the Prime Minister.
Committee on Prerogative of Mercy.
67.- (1) There shall be for Saint Christopher and Nevis an Advisory Committee on the Prerogative of Mercy (hereinafter in this section referred to as the Committee) which shall consist of-
a) the Minister for the time being designated under section 66(2), who shall be chairman;
b) the Attorney-General; and
c) not less than three nor more than four other members appointed by the Governor-General.
(2) A member of the Committee appointed under subsection (1)(c) shall hold his seat thereon for such period as may be specified by the Governor-General at the time of his appointment:
Provided that his seat shall become vacant-
a) in the case of a person who was a Minister when he was appointed, if he ceases to be a Minister; or
b) if the Governor-General so directs.
68.-(1) Where any person has been sentenced to death (otherwise than by a court-martial) for a criminal offence under any law, the Minister for the time being designated under section 66(2) shall cause a written report of the case from the trial judge (or the Chief Justice, if a report from the trial judge cannot be obtained) together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the Advisory Committee of the Prerogative of Mercy; and after obtaining the advice of the Committee he shall decide in his own deliberate judgment whether to advise the Governor-General to exercise any of his power under section 66(1).
(2) The Minister for the time being designated under section 66(2) may consult with the Advisory Committee on the Prerogative of Mercy before tendering any advice to the Governor-General under tat subsection in any case not falling within subsection (1) of this section but he shall not be obliged to act in accordance with the recommendation of the Committee.
CHAPTER VI
FINANCE Consolidated Fund.
69.-All revenue or other moneys raised or received by the Government (not being revenues or other moneys that are payable, by or under any law, into some other fund of the Government established for a specific purpose) shall be paid into and form a Consolidated Fund.
70.-(1) No moneys shall be withdrawn from the Consolidated Fund except-
a) to meet expenditure that is charged upon the Fund by this Constitution or by any law made in pursuance of section 72.
b) where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of section 72.
Authorization of expenditure from Consolidated Fund by the appropriation law.
71.-(1) The Minister for the time being responsible for finance shall cause to be prepared and laid before the National Assembly before, or not later than sixty days after, the commencement of each financial year estimates of the revenues and expenditure of the Government for that financial year.
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 National Assembly and, when the supplementary appropriation 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.
Authorization of expenditure in advance of appropriation.
72.-There shall be such provisions as may be made by Parliament 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 Minister for the time being responsible for finance may authorize the withdrawal of moneys from the Consolidated Fund for the Purpose of meeting expenditure necessary to carry on the services of the Government 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.-(1) If it appears to the Minister for the time being responsible for finance that-
a) there is an urgent need to incur expenditure;
b) no provision exist for that expenditure in any appropriation law or other law; and
c) it would not be in the public interest to delay the authorization of that expenditure until such time as a supplementary estimate can be laid before the National Assembly,
the Minister may, by special warrant, authorize the issue from the Consolidated Fund of the money required to meet that expenditure:
Provided that the total such for the time being authorized to be issued under this subsection, for which no provisions has been made by an appropriation law, shall not exceed such amount as may be prescribed by Parliament.
(2) Where in any financial year any expenditure has been authorized by special warrant under subsection (1) the Minister for the time being responsible for finance shall cause a supplementary estimate relating to that expenditure to be laid before the National Assembly at the first sitting of the Assembly occurring after the expiration of 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 authorized to be spent and appropriating them to the purposed specified therein.
74.-(1) There shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by or under a law enacted by Parliament.
75.-(1) All debt charges for which the Government 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.
Audit of public accounts etc.
76.-(1) There shall be a Director of Audit whose office shall be a public office.
(2) The Director of Audit shall-
a) Satisfy himself that all moneys that have been appropriated by Parliament 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 Government, the accounts of all officers and authorities of the Government, the accounts of all courts of law in Saint Christopher and Nevis (including any accounts of the Supreme Court maintained in Saint Christopher and Nevis), the accounts of every Commission and Board established by this Constitution and the accounts of the Clerk of the National Assembly.
CHAPTER VII
THE PUBLIC SERVICE COMMISSION
77.-(1) There shall be for Saint Christopher and Nevis a Public Service Commission (hereinafter in this section referred to as the Commission) which shall consist of a chairman and not less than two nor more than four other members who shall be appointed as follows-
a) the chairman and not more than three other members shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and
b) one member shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, from among persons selected by the appropriate representative body or, if there is no such body, by the Governor-General, acting in his own deliberate judgment:
Provided that, for the purposes of discharging its functions in relation to public offices on the staff of the Nevis Island Administration, the Commission shall consist of-
a) the chairman who has been appointed as aforesaid;
b) such one of the members appointed as aforesaid as may be designated in that behalf by the chairman; and
c) two members appointed specifically in relation to the island of Nevis by the Governor-General, acting in accordance with the advice of the Prime Minister after the Prime Minister has consulted the Premier.
a) at the expiration of such period (not being less than two years nor more than five years from the date of his appointment) as may be specified by the Governor-General, acting in accordance with the advice of the Prime Minister, at the time of this appointment; or
b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified to be appointed as such under subsection (2).
a) the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and
b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member ought to be removed under this section.
Appointment etc. of public officers.
78.-(1) Subject to section 87, the power to appoint persons to hold or act in offices in the public service (including the power to confirm appointments), and the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Governor-General, acting in accordance with the recommendation of the Public Service Commission (hereinafter in this section referred to as the Commission).
a) any office to which section 79 applies;
b) the office of Attorney-General;
c) the office of Director of Public Prosecutions;
d) the officer of Director of Audit;
e) any office to which section 83 applies; or
f) any office in the Police Force.
PART 2
Appointment etc. of permanent secretaries and certain other officers.
79.- (1) This section applies to the offices of Secretary to the Cabinet, permanent secretary of a department of the Government, head or deputy head of a department of the Government, any office for the time being designated by the Public Service Commission as an office of a chief professional adviser to a department of the Government and any office for the time being designated by the Commission, after consultation with the Prime Minister, as an office the holder of which are required to reside outside Saint Christopher and Nevis or whose function relate to external affairs.
(2) The power to appoint persons to hold or to act in offices to which this section applies (including the power to confirm appointments), and, subject to section 87, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Governor-General, acting in accordance with the recommendation of the Public Service Commission.
Provided that-
a) the power to appoint a person to hold or act in an office of permanent secretary on transfer from another office carrying the same salary shall vest in the Governor-General, acting in accordance with the advice of the Prime Minister;
b) before the Public Service Commission makes a recommendation to the Governor-General with respect to the appointment of any person to hold an office to which this section applies (other than an appointment to an office of permanent secretary on transfer from another such office carrying the same salary) it shall consult with the Prime Minister and if the Prime Minister signifies his objection to the appointment of any person to the office, the Commission shall not make a recommendation to the Governor-General to appoint that person;
c) in relation to any office of Ambassador, High Commissioner or other principal representative of Saint Christopher and Nevis in any other country or accredited to any international organization the Governor-General shall act in accordance with the advice of the Prime Minister, who shall, before tendering any such advice in respect of any person who holds any public office to which appointments are made by the Governor-General in accordance with the recommendation of some other person or authority consult that person or authority.
(3) References in this section to a department of the Government shall not include the office of the Governor-General, the department of the Attorney-General, the department of the Director of Public Prosecutions the department of the Director of Audit, the department of the Clerk of the National Assembly or the Police Force.
Attorney-General when a public officer.
80.-(1) This section shall have effect at any time when the office of Attorney-General is a public office.
Provided that before the Judicial and Legal Services Commission makes any recommendation under this subsection it shall consult the Public Service Commission.
81.-(1) The Director of Public Prosecutions shall be appointed by the Governor-General, acting in accordance with the recommendation of the Judicial and Legal Services Commission.
a) when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or
b) at such earlier time (if any) as may be specified by the Governor-General at the time of his appointment.
a) the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and
b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the Director ought to be removed under this section.
Provided that any law enacted by Parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Director of Public Prosecutions, shall not have effect in relation to that person unless he consents that it should have effect.
82.- (1) The Director of Audit shall be appointed by the Governor-General, acting in accordance with the recommendation of the Public Service Commission.
a) when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or
b) at such earlier time (if any) as may be specified by the Governor-General at the time of his appointment.
a) the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and
b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the Director ought to be removed under this section.
provided that any law enacted by Parliament, to the extent to which is alters the prescribed age after a person has been appointed to be or to act as Director of Audit, shall not be have effect in relation to that person unless he consents that it should have effect.
Appointment etc. of magistrates, registrars and legal officers.
83.- (1) This section applies to the office of magistrate, registrant of the High Court and to any public office in the department of the Attorney-General (other than the public office of Attorney-General) or the department of the Director of Public Prosecutions (other than the office of Director) for appointment to which persons are required to hold one or other of the specified qualifications.
Provided that before making any recommendation as to the exercise of the powers conferred by this subsection in any case the Judicial and Legal Services Commission shall consult the Public Service Commission.
PART 3
The Police.
84.-(1) There shall be for Saint Christopher and Nevis a Police Service Commission (hereinafter in this section referred to as the Commission) which shall consist of-
a) the chairman and the members of the Public Service Commission appointed under paragraph (a) of section 77(1); and
b) one member appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, who shall, if persons have been selected in that behalf by the appropriate representative body, be so appointed from among those persons.
85.-(1) Subject to section 87, the power to appoint persons to hold or act in offices in the Police Force (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Governor-General, acting in accordance with the recommendation of the Police Service Commission:
Provided that before the Commission makes any recommendation to the Governor-General with respect to the appointment of any person to hold the office of Chief of Police or deputy Chief of Police the Commission shall consult with the Prime Minister and if the Prime Minister signifies his objection to the appointment of any person to the office the Commission shall not recommend the Governor-General to appoint that person.
PART 4 The Public Service Board of Appeal
86.-(1) There shall be for Saint Christopher and Nevis a Public Service Board of Appeal (hereinafter in this section referred to as the Board) which shall consist of-
a) one member appointees by the Governor-General, who shall be chairman;
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, who shall, when there is an appropriate representative body, act in accordance with the recommendation of that body.
a) at the expiration of three years from the date of his appointment; or
b) if any circumstances arise that, if he were not a member of the Board, would cause him to be disqualified to be appointed as such under subsection (2).
a) the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and
b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member ought to be removed under this section.
Appeals to Public Service Board of Appeal.
87.-(1) This section applies to-
a) any decision of the Governor-General, acting in accordance with the recommendation for the Public Service Commission or the Police Service Commission, to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision or any person to whom powers are delegated under section 77(2) or 85(2));
b) any decision of any person to whom powers are delegated under section 77(2) or 85(2) to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision that is subject to appeal to or confirmation by the Governor-General, acting in accordance with the recommendation of the Public Service Commission or the Police Service Commission); and
c) such decisions with respect to the discipline of any defence force established for Saint Christopher and Nevis as may be prescribed by Parliament.
a) except from the provisions of subsection (2) decisions in respect of public officers holding offices whose emoluments do not exceed such amount as may be prescribed by the regulations or such decisions to exercise disciplinary control over public officers, other than decisions to remove a public officer from office, as may be so prescribed; and
b) confer powers or impose duties on any public officer or on any authority of the Government for the purpose of the exercise of its functions.
PART 5
Pensions.
Pensions laws and protection of pensions rights.
88.-(1) The law to be applied with respect to any pension benefits that were granted to any person at any time before 19th September 1983 shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favorable to that person.
(2) The law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) applies) shall-
a) in so far as those benefits are wholly in respect of a period of service as a public officer or a judge that commenced at any time before 19th September 1983 by law that was in force on that date; and
b) in so far as those benefits are wholly or partly in respect of a period of service as a public officer or a judge that commenced on or after that date, be the law in force on the date on which that period of service commenced,
or any law in force at a later date that is not less favorable to that person.
Power to withhold pensions etc.
89.-(1) Where under any law any person or authority has a discretion- a) to decide whether or not any pension benefits shall be granted; or
b) to withhold, reduce in amount or suspend any such benefits that have been granted,
those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the Public Service Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.
CITIZENSHIP
90.-The following persons shall become citizens on 19th September 1983-
a) every person who, having been born in Saint Christopher and Nevis, was immediately before that date a British citizen or a British Dependent Territories citizen;
b) every person who, having been born outside Saint Christopher and Nevis, was immediately before that date a British citizen or a British Dependent Territories citizen by virtue or registration or naturalization in Saint Christopher and Nevis or by virtue of his adoption in Saint Christopher and Nevis in a manner recognized by law;
c) every other person who was immediately before that date a British citizen or a British Dependent Territories citizen and either of whose parents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a), (b) or (d);
(d) every other person who was immediately before that date a British citizen or a British Dependent Territories citizen and either or whose parents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a), (b) or (c); e) every other person who, having been born, adopted in a manner recognized by law, registered or, as the case may be, naturalized in Anguilla before 19th December 1980 and having been ordinarily resident in Saint Christopher and Nevis since a date earlier than that date, was immediately before 19th September 1983 a British citizen or a British Dependent Territories citizen;
f) any person who was immediately before 19th September 1983 a British citizen or a British Dependent Territories citizen and one of whose grandparents becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of paragraph (a) or (b);
g) every other person who immediately before that date by virtue of section 113(10) of the Constitution then in force belonged to Saint Christopher and Nevis for the purposes of that Constitution; and
h) every other person who was immediately before that date under the age of eighteen years and is te child of a person who becomes, or but for death or renunciation of citizenship would have become, a citizen by virtue of any of the preceding paragraphs.
Persons who become citizens after independence.
91.- The following persons born on or after 19th September 1983 shall become citizens at the date of their birth-
a) every person born in Saint Christopher and Nevis:
Provided that a person shall not become a citizen by virtue of this paragraph if at the time of his birth-
i) neither of his parents is a citizen and either of them passed such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Saint Christopher and Nevis; or
ii) either of his parents is a citizen of a country with which Her Majesty is at war and the birth occurs in a place then under occupation by that country;
b) every person born outside Saint Christopher and Nevis if at the date of his birth either of his parents is, or but for death would have become, a citizen employed in service under the Government or under an authority of the Government that requires him to reside outside Saint Christopher and Nevis for the proper discharge of his functions.
Registration.
92.-(1) The following person shall, if they do not already possess citizenship, be entitled, upon making application, to be registered as citizens-
a) any person who is married to citizen;
b) any person who, being a Commonwealth citizen, is ordinarily resident in Saint Christopher and Nevis having been so resident for the period of fourteen years immediately preceding the date of his application;
c) any person who, having been a citizen, has renounced his citizenship;
d) any person who, but for renunciation of citizenship, would have become a citizen by virtue of section 90; e) any person who is married to any such person as is mentioned in paragraph (b), (c) or (d);
f) any person who-
i) was married to a person who but for his death would have become a citizen by virtue of section 90; or
ii) was married to a person who became a citizen by virtue of that section, but whose marriage to that person has been terminated by dissolution at any time before 19th September 1983 after having subsisted for at least three years;
g) any person under the age of eighteen years who is the child of a citizen of the child of a person who is or would but for his death have been entitled to be registered as a citizen under any of the preceding paragraphs; and
h) such other persons as may be prescribed by Parliament:
provided that if it is so provided by Parliament an application for registration as a citizen under this subsection may, in such circumstances as may be prescribed by Parliament in the interests of defence, public safety or public order, be refused by the Minister responsible for the matter in any case in which he is satisfied that there are reasonable grounds for refusing the application.
Dual citizenship.
93.-(1) If a person who is a citizen of some other country or entitled to be registered as such is entitled to registration as a citizen under section 92, he shall not, by reason only that he is or may become a citizen of that other country, be refused registration under that section or be required to renounce his citizenship of the country as a condition of being registered under that section.
(2) Any such person as is referred to in subsection (1) shall not, if he is a citizen-
a) be refused a passport of Saint Christopher and Nevis, or have such a passport withdrawn, canceled or impounded, by reason only that he is in possession of a passport issued by some other country of which he is a citizen; or b) be required to surrender, or be prohibited from acquiring, a passport issued by some other country of which he is a citizen before being issued with a passport of Saint Christopher and Nevis or as a condition of retaining such a passport.
Acquisition renunciation, certification and deprivation.
94.-There shall be such provision as may be made by Parliament-
a) for the naturalization as citizens of persons who are not entitled to become citizens under section 92;
b) for the renunciation by any person of his citizenship;
c) for the certification of citizenship in relation to persons who are or were formerly citizens upon application by such persons or by such other interested persons as may be prescribed; and
d) for depriving of his citizenship any person who has become a citizen by virtue of registration or naturalization if his citizenship was obtained by false representation or fraud or willful concealment of material facts or if he is convicted under any law of an act of treason or sedition:
Provided that any law enacted for the purposes of paragraph (d) shall include provisions under which the person concerned shall have a right of appeal to a court of law of competent jurisdiction or other independent authority and shall be permitted to appear before the court or authority in person or, at his own expense, to be represented by a legal practitioner of his own choice.
95.-(1) For the purpose of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.
a) Registration or naturalization as a British citizen or a British Dependent territories citizen under the British Nationality Act 1981 (a);
b) registration or naturalization as a citizen of the United Kingdom and Colonies under the British Nationality Act 1948 (b); and
c) naturalization as a British subject before that Act came into force.
a) a person shall be regarded as having been registered or naturalized in Saint Christopher and Nevis or, as the case may be, in Anguilla if he was registered or naturalized while resident in Saint Christopher and Nevis or, as the case may be, while resident in Anguilla;
b) a person who was adopted by a person who at the time of the adoption was resident in Saint Christopher and Nevis or, as the case may be, in Anguilla shall be regarded as having been adopted in Saint Christopher and Nevis or, as the case may be, in Anguilla; and
c) a newborn infant found abandoned in Saint Christopher and Nevis or, as the case may be, in Anguilla shall, unless the contrary is shown, be regarded as having been born in Saint Christopher and Nevis or, as the case may be, in Anguilla.
CHAPTER IX
JUDICIAL PROVISIONS
96.-(1) Subject to sections 23(3), 37(10)(b), 50(7) and 116(2), any person who alleges that any provision of this Constitution (other than a provision of Chapter II) has been or is being contravened may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this section.
Reference of constitutional question to High Court.
97.- (1) Where any question as to the interpretation of this Constitution arises in any court of law established for Saint Christopher and Nevis (other than the Court of Appeal, the High Court or a court-martial) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the High Court.
(2) Where any question is referred to the High Court in pursuance of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of any appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
Appeals to Court of Appeal.
98.-Subject to section 36, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following cases-
a) final decisions in any civil or criminal proceedings that involve a question as to the interpretation of this Constitution;
b) final decision given in exercise of the jurisdiction conferred on the High Court by section 18 (which relates to the enforcement of the fundamental rights and freedoms);
c) final decisions given in exercise of the jurisdiction conferred on the High Court by section 112 (which relates to disputes between the Nevis Island Administration and the Government); and
d) such other cases as may be prescribed by Parliament.
Appeals to Her Majesty in Council
99.-(1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases-
a) final decision in any civil proceedings where the matter in dispute on the appeal to Her Majesty in Council is of the prescribed value or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the prescribed value or upwards:
b) final decisions in proceedings for dissolution or nullity of marriage;
c) final decisions in any civil or criminal proceedings that involve a question as to the interpretation of this Constitution;
d) final decisions given in exercise of the jurisdiction conferred on the High Court by section 112; and
e) such other cases as may be prescribed by Parliament.
(2) Subject to section 36(7), an appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council with the leave of the Court of Appeal in the following cases-
a) decisions in any civil proceedings where in the opinion of the Court of Appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to Her Majesty in Council; and
b) such other cases as may be prescribed by Parliament.
CHAPTER X THE ISLAND OF NEVIS Nevis Island Legislature. 100.-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.
Nevis Island Assembly.
101.-(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 member-
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 appointees by the Governor-General in accordance with the advice of the Premier.
102.-(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.
a) the assignment of responsibility to any member of the Administration under section 54, as applied with modifications by section 104(4), or the authorization of another member of the Administration to perform the functions of the Premier during absence of 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.
103.-(1) Subject to the provisions of this Constitution, the Nevis Island Legislature may make laws, which shall be styled Ordinances, for the peace, order and good government of the island of Nevis with respect to the specified matters.
(2) A law made by the Nevis Island Legislature may contain incidental and supplementary provisions that relate to a matter other than a specified matter but if there is any inconsistency between those provisions and the provisions of any enacted by Parliament, the provisions of the law enacted by Parliament shall prevail.
Provisions applied with modifications.
104.-(1) Section 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 provison to section 49(1)) were references to the Assembly;
b) references to Representative or to Senators (except the references in subsection 28(2) and
(3) to Representative) 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 references in section 28(5)(a) to the office of elected member or nominated member of the Assembly or member or 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 section 31, 32, 42, 46, 47 and 48 to Parliament were references to the Nevis Island Legislature and the referenced in section 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-
"There shall be not less than five electoral districts in the island of Nevis".
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.
105.-(1) In the exercise of the functions to which this section applies the Governor-General shall act in accordance with the advice of the Administration or a member of the Administration acting under its general authority except in cases where he is required by this Constitution to act in accordance with the advice of or on the recommendation of, any person or authority other than the Administration.
(2) This section applies to the functions of the Governor-General with respect to the government of the island of Nevis that relates to the specified matters but does not include any functions conferred upon him-
a) by any of the provisions of this Constitution except sections 43, 46 and 48, as applied with modifications by sections 104; or
b) by or under any law enacted by Parliament having effect in the island of Nevis that relates to any specified matter.
Responsibilities of Administration.
106.-(1) The Administration shall have exclusive responsibility for the administration within the island of Nevis, in accordance with the provisions of any relevant laws, of the following matters-
a) airports and seaports;
b) education;
c) extraction and processing of minerals;
d) fisheries;
e) health and welfare;
f) labour;
g) land and buildings vested in the Crown and specifically appropriated to the use of the
Government; and
h) licensing of imports into and exports out of Saint Christopher and Nevis.
(2) Nothing in subsection (1) shall-
a) affect the exercise of any power vested by law in the Governor General or a Minister; or
b) empower the Administration to take any action that is inconsistent with the general policy of the Government as signified by the Prime Minister in a written communication to the Premier, or that relates to a question that in the opinion of the Prime Minister as so signified involves issues of national concern, without the prior concurrence of the Prime Minister.
Public safety and public order.
107.-(1) The Premier may give such general directions with respect to the maintaining and
securing of public safety and public order in the island of Nevis as he may consider necessary
to-
a) the senior officer of the Police Force stationed in the island of Nevis; or
b) the senior officer of any defence force of Saint Christopher and Nevis stationed in the
island of Nevis.
and subject to subsection (2), that officer shall comply with those general directions.
(2) Nothing in subsection (1) shall preclude the Prime Minister from giving general directions with respect to the maintaining and securing of public safety and public order in Saint Christopher and Nevis to the Chief of Police or the officer commanding any defence force of Saint Christopher and Nevis and if there is any inconsistency between any such directions and any directions given under subsection (1), the officers concerned shall comply with the directions given by the Prime Minister.
Finance.
108.-(1) All revenues or other moneys raised or received by the Administration (not being revenues or other moneys that are payable by or under any law into some other fund of the Administration established for a specific purpose) shall be paid into and form a fund styled the Nevis Island Consolidated Fund (hereinafter in this section referred to as the Fund).
(2) Sections 70, 71, 72, 73, 75 and 76 shall apply in relation to the Administration as they apply in relation to the Government and for that purpose they shall have effect as if-
a) references to the Consolidated Fund were references to the Fund;
b) references to Parliament and to the National Assembly were references to the Nevis Island Legislature or, as the case may be, to the Assembly;
c) references to the Minister for the time being responsible for finance were references to the member of the Administration for the time being responsible for finance; and
d) references to the Government were references to the Administration.
109.-(1) The staff of the Administration shall consist of such number of public office as may be constituted in that behalf under section 63 after consultation between the Prime Minister and the Premier.
(2) The staff of the Administration shall be under the supervision of an Establishment officer stationed in the island of Nevis, whose office shall be a public office and who shall be entitled to communicate direct with the chairman of the Public Service Commission on all matters concerning the staff of the Administration.
110.-(1) Subject to subsection (2), the proceeds of all taxes collected in Saint Christopher and Nevis under any law shall be shared between the Government and the Administration and the share of each shall be determined by reference to the proportion between the population of the island of Saint Christopher and the population of Saint Christopher and Nevis as a whole or, as the case may be, the population of the island of Nevis and the population of Saint Christopher and Nevis as a whole, as ascertained by reference to the latest available results of a census of those populations carried out in pursuance of a law enacted by Parliament.
(2) The share of the Administration under subsection (1) shall be subject to the following deductions-
a) a contribution to the cost of common services provided for Saint Christopher and Nevis by the Government; and
b) a contribution to the cost of meeting the debt charges for which the Government is responsible under section 75.
(3) The Governor-General may make rules for the purpose of giving effect to the provisions of this section and (without prejudice to the generality of the foregoing power) any such rules may make provisions-
a) for prescribing what services are to be regarded as common services; b) for determining the contributions to be made by the Administration in relation to any common service so prescribed;
c) for determining the contributions to be made by the Administration in respect of the debt charges for which the Government is responsible, and
d) for prescribing the time at which and the manner in which calculations and payments (including provisions payments) are to be made.
(4) The powers of the Governor-General under subsection (3) shall be exercised by him on the advice of the Prime Minister but no such advice shall be given without the concurrence of the Premier.
111.-(1) The Governor-General may make rules providing that-
a) the existing or contingent liability of the administration for servicing its public debt shall not exceed such limits as may be prescribed;
b) the Minister responsible for finance shall be informed in advance of any proposal that the Administration should obtain any grant or loan of money; and
c) there shall be such consultation between the Government and the Administration as may be prescribed concerning any such proposal before the proposal is put into effect.
(2) The power of the Governor-General under subsection (1) shall be exercised by him on the advice of the Prime Minister but no such advice shall be given without the concurrence of the Premier.
112.- The High Court shall, to the exclusion of any other court of law have original jurisdiction in any dispute between the Administration and the Government if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.
Separation of Nevis from Saint Christopher.
113.- (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 member of the Assembly and such a bill shall not be submitted to the Governor-General for his 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 in 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 proposal for the future constitution of the island of Nevis (whether as a separate states 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.
Interpretation.
114.-(1) In this Chapter-
"the Administration" means the Nevis Island Administration;
"the Assembly" means the Nevis Island Assembly.
CHAPTER XI
MISCELLANEOUS
Secession of Nevis.
115.-If, by virtue of a law enacted by the Nevis Island Legislature under section 113(1), the island of Nevis ceases to be federated with the island of Saint Christopher, the provisions of schedule 3 shall forthwith have effect.
116.-(1) Any references in this Constitution to the function of the Governor-General shall be construed as a reference to his powers and duties in the exercise of the executive authority of Saint Christopher and Nevis and to any other power and duties conferred or imposed on him as Governor-General by or under this Constitution or any other law.
Resignations.
117.-(1) A Representative or a Senator may resign his seat by writing under his hand addressed to the Speaker and the resignation shall taken 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 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 this office and no other person is performing them, the Clerk of the National Assembly.
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 authorized 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.
Re-appointment and concurrent appointments.
118.-(1) Where any person has vacated any office established by this Constitution or any office of Minister or Parliamentary Secretary established under this Constitution, he may if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.
(2) Where this Constitution vest in any person or authority the power to make any appointment to any office other than that of Senator, Minister, Parliamentary Secretary, Leader of the Opposition, nominated member of the Nevis Island Assembly, member of the Nevis Island Administration or Leader of the Opposition in the Nevis Island Assembly, a person may be appointed to that office, when that other person is on leave of absence pending the relinquishment of the office, and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any functions conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office.
119.-(1) In this Constitution, unless the context otherwise requires-
"child", in relation to any other person, means a person of whom that other person is a parent,
"citizen" means a citizen of Saint Christopher and Nevis and "citizenship" shall be construed accordingly;
"Commonwealth citizen" has such meaning as Parliament may prescribe;
"defence force" means a naval, military or air force;
"dollars" means dollars in the currency of Saint Christopher and Nevis;
"financial year" means any period of twelve months beginning on 1st January in any year or such other date as may be prescribed by any law enacted by Parliament;
"the Gazette" means the official Gazette of Saint Christopher and Nevis;
"the Government" means Her Majesty's Government of Saint Christopher and Nevis;
"grandparent", in relation to any other person, means a parent of one of his parents;
"law" means any law in force in Saint Christopher and Nevis or any part thereof, including any instrument having the force of law and any unwritten rules of law and "lawful" and "lawfully" shall be construed accordingly;
"Leader of the Opposition" means the Leader of the Opposition in the National Assembly;
"legal practitioner" means a person entitled to be in or to enter Saint Christopher and Nevis and entitled to practice as a barrister in Saint Christopher and Nevis or, except in relation to proceedings before a court in which a solicitor has no right of audience, so entitled to practice as a solicitor;
"the legislature" means Parliament;
Provided that in relation to any specified matter it includes the Nevis Island Legislature;
"Minister" means a Minister of the Government;
"parent", in relation to any other person, includes-
a) any person who has adopted him in a manner recognized by law, and
b) in the case of a person born out of wedlock and not legitimated, his mother and the person
(if any) who acknowledges and can show that he is his father or has been found by a court of
competent jurisdiction to be his father.
but, in the case of a person who has been adopted, it does not include any person who has
relinquished his parental rights over him as a consequence of the adoption.
"Parliament" means the Parliament of Saint Christopher and Nevis;
"oath" includes affirmation;
"oath of allegiance" means, the oath of secrecy set out in schedule 4;
"oath of office" means, in relation to any office, the oath for the due execution of that office
set out in schedule 4;
"oath of secrecy" means the oath of secrecy set out in schedule 4;
"the Police Force" means the Royal Saint Christopher and Nevis Police Force and includes
any other police force established to succeed to the functions of that Force;
"proclamation" means a proclamation published in the Gazette or, if such publications not
reasonably practicable, published in Saint Christopher and Nevis by such means as are
reasonably practicable and effective;
"public office" means any office of emolument in the public service;
"public officer" means a person holding or acting in any public office;
"the public service" means, subject to the provisions of this section, the service in a civil
capacity of the Crown in right of the Government,
"session" means-
a) in relation to the National Assembly, the period beginning when it first meets after
Parliament has at any time been prorogue or dissolved and ending when Parliament is
prorogued or when Parliament is dissolved without having been prorogued,
b) in relation to the Nevis Island Assembly, the period beginning when it first meets after the
Nevis Island Legislature has at any time been prorogued or dissolved and ending when that
Legislature is prorogued or when that Legislature is dissolved without having been prorogued;
"sitting" means-
a) in relation to the National Assembly, the period during which it is sitting continuously
without adjournment and includes any period during which it is in committee;
b) in relation to the Nevis Island Assembly, the period during which it is sitting continuously without adjournment and includes any period during which it is in committee;
"Speaker" and "Deputy Speaker" means the respective persons holding office as Speaker and Deputy Speaker and Deputy Speaker of the National Assembly;
"specified matter" means, in relation to the government of the island of Nevis, a matter specified in schedule 5 to this Constitution.
(2) In this Constitution references to an office in the public service shall not be construed as including-
a) references to the office of the Speaker or Deputy Speaker, the Prime Minister or any other Minister, a Parliamentary Secretary or a member of the National Assembly;
b) references to the office of the president of the Nevis Island Assembly, the Premier or any other member of the Nevis Island Administration or a member of the Nevis Island Assembly;
c) references to the office of a member of any Commission established by this Constitution or a member of the Advisory Committee on the Prerogative of Mercy or a member of that Public Service Board of Appeal;
d) references to the office of judge or officer of the Supreme Court; or
e) save in so far as may be provided by Parliament, references to the office of a member of any other council, board, panel, committee or other similar body (whether incorporated on not established by or under any law:
(3) In this Constitution-
a) references to this Constitution, the Supreme Court Order, the British Nationality Act 1948 of the British Nationality Act 1981, or any provision thereof, including, unless otherwise provided, references to any law altering this Constitution or that Order, Act or provision, as the case may be;
b) references to the Supreme Court, the Court of Appeal, the High Court and the Judicial and Legal Services Commission are references to the Supreme Court, the Court of Appeal, the High Court and the Judicial and Legal Services Commission established by the Supreme Court Order;
c) references to the Chief Justice have the same meaning as in the Supreme Court Order;
d) references to a judge of the Supreme Court are references to a judge of the High Court or of the Court or of the Court of Appeal and, unless the context otherwise requires, include references to a judge of the former Supreme Court of the Windward Islands and Leeward Islands; and
e) references to officers of the Supreme Court are references to the Chief Registrar and other officers of the Supreme Court appointed under the Supreme Court Order.
Provided that-
a) nothing in this subsection shall be construed as conferring on any person or authority the power to require the Director of Public Prosecutions or the Director of Audit to retire from the public service; and
b) any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vested in the Public Service Commission.
a) to revoking it with or without re-enactment thereof of the making of different provision in lieu thereof;
b) to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and
c) to suspending its operation for any period or terminating any such suspension.
Text of modified provisions.
120.-(1) The provisions of this Constitution that are applied with modifications in relation to the Nevis Island Assembly or the Nevis Island Administration by section 104 of 108 are reproduced with those modifications in schedule 6.
SCHEDULE 1
PROVISIONS REFERRED TO IN SECTION 38(3)
(iii) sections 21, 22, 51 and 56;
(vii) Chapter VII (except sections 86 and 87);
(viii) Chapter IX;
Provisions of the Supreme Court Order
Sections 4, 5, 6, 8, 11, 18 and 19.
SCHEDULE 3 ALTERATIONS IF NEVIS SECEDES
1. Section 1 is revoked and the following section is substituted-
"The State and 1.-(1) The island of Saint Christopher (which is otherwise known as Saint
its territory Kitts) shall be a sovereign democratic state which may be styled Saint Christopher or Saint Kitts.
(2) The territory of Saint Christopher shall comprise all areas that were comprised in the associated state of Saint Christopher and Nevis immediately before 19th September 1983 except the island of Nevis, together with such other areas as may be declared by Parliament to form part of the territory of Saint Christopher."
SCHEDULE 4 FORMS OF OATH
PART 1 Oath (or affirmation) of allegiance
I, _______________________, do swear (or solemnly affirm) that I will faithfully bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law.
So help me God. (To be omitted in affirmation).
PART 2 Oath (or affirmation) of office
I, _______________________, do swear (or solemnly affirm) that I will honor, uphold and preserve the Constitution of Saint Christopher and Nevis, and the law, that I will consciously, impartially, and to the best of my ability discharge my duties as _______________________ and do right to all manner of people without fear or favour, affection or illwill.
So help me God. (To be omitted in affirmation).
PART 3 Oath (or affirmation) of secrecy
I, _______________________, do swear (or solemnly affirm) that I will not on any account, at any time whatsoever, disclose any council, advise, opinion or vote given by any Minister as a member of the Cabinet and that I will not, except with the authority of the Cabinet and to such extent as may be required for the proper conduct of the Government of Saint Christopher and Nevis, directly or indirectly reveal the business or proceedings of the Cabinet or any matter coming to my knowledge as a member (or Secretary to) the Cabinet.
So help me God. (To be omitted in affirmation).
PART 2 Interpretation
1. In this schedule references to incidental and supplementary matters include, without prejudice to their generality-
2. Nothing in this schedule shall be construed as including the imposition of any fee, charge, rate or tax that is not expressly mentioned in paragraph (1) nor the imposition of any rate or tax levied-
SCHEDULE 6
TEXT OF PROVISIONS APPLIED WITH MODIFICATIONS
Arrangement of provisions
PART I
Provisions applied by section 104(l)
PART I
Composition of the Legislature
Section
PART 3 Summoning, prorogation and dissolution
56(3) Exercise of Governor-General's functions.
58. Leader of the Opposition.
CHAPTER VII THE PUBLIC SERVICE
78(5) Appointment etc. of public officers.
PART 5 Pensions
88(5) Pensions laws and protection of pensions rights.
117(l) and (2) Resignations.
PART 2 Provisions applied by section 104(4)
52(5) to (9) Members of the Administration
57. Governor-General to be kept informed
PART 3 Provisions applies by section 108(2)
75. Public debt 76(2) to (7) Audit of public accounts etc
PART 1
Provisions applied by section 104(1)
CHAPTER IV
THE LEGISLATURE
PART 1
Qualifications for elected and nominated members.
27. 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 is a citizen of the age of twenty-one years or upwards and he or one of his parents was born in Saint Christopher and Nevis and he is domiciled there at the date of his nomination for election or his appointment, as the case may be.
Disqualifications for elected and nominated members.
28.--(1) A person shall not be qualified to be elected or appointed as a member if he-
"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 a member of the Assembly;
"minister of a 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.
29.--(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.
31.--(1) An elected or appointed member shall vacate his seat in the Assembly at the next dissolution of the Legislature after his election or appointment.
(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 shall forthwith cease to perform his functions as a member but, subject to the provisions of this section, he shall not vacate his 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.
32.--(1) When the Assembly first meets after any general election and before it proceeds to the dispatch 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.
(iii) if any circumstances arise that would cause him 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 functions as a member of the Assembly he shall also cease to perform his functions as president and those functions shall, until he vacates his seat in the Assembly or resumes the performance of the functions of his 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 functions as a member of the Assembly, he shall also resume the performance of his functions as president.
Supervision of elections
34.--(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.
Clerk of Assembly and his staff
35.--(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 staff shall be public offices.
Determination of questions of membership.
36.--(1) The High Court shall have jurisdiction to hear and determine any question whether-
PART 2 Procedure in the Legislature
39.--(1) Every member of the Assembly shall, before taking his 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 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 office.
Presiding.
40. There shall preside at any sitting of the Assembly-
Voting.
41.--(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.
Mode of exercise of legislative power.
42.--(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.
Restrictions with regard to certain financial measures.
43. Except on the recommendation of the Governor-General signified by the Premier, the Assembly shall not-
(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
Regulation of procedure in Assembly.
44.--(1) Subject to the provisions of this Constitution, the Assembly Regulation may regulate its own procedure and may in particular make rules for the procedure in 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.
Freedom of speech.
45. 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.
PART 3 Summoning, prorogation and dissolution
46.--(1) Each session of the Legislature shall be held at such place Sessions, 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.
Prorogation and dissolution.
47.--(1) The Governor-General may at any time prorogue or dissolve the Legislature.
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.
Holding of elections.
48.--(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.
PART 4 Delimitation of electoral districts
49.--(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-
Provided that any decision of the Commission shall require the concurrence of a majority of all its members.
50.--(1) The Electoral Districts Boundaries Commission (hereinafter Review of in this section referred to as the Commission) shall, in accordance with boundaries of 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 districts the Governor-General reports either-
56.--(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 own deliberate judgment, considers that it is not practicable for him to obtain the advice of, or to consult, the Leader of the Opposition within the time which it may be necessary for him to act, he may act without that advice and in his 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 shall act on the advice of, or after consultation with, the Leader of the Opposition.
58.--(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.
CHAPTER VII THE PUBLIC SERVICE
PART I The Public Service Commission
78.--(5) Before the Public Service Commission makes any recommendation in relation to the Clerk of the Nevis Island Assembly or a member of his 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 staff any power delegated to him under subsection (2), the Commission or that person or authority shall consult the president of the Assembly.
PART 5 Pensions
Pensions laws and protection of pension rights.
88.--(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.--(1) A member of the Assembly may resign his seat by writing under his 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-
PART 2
Provisions applied by section 104(4)
CHAPTER V
THE EXECUTIVE
52.--(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.
Allocation of portfolios.
54. 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.--(1) Whenever the Premier is absent from Saint Christopher and Nevis or by any reason of illness is unable to perform the functions conferred upon him 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 authority is revoked by the Governor-General.
(2) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Premier.
Provided that if the Governor-General, acting in his own deliberate judgement, considers that is impracticable to obtain the advice of the Premier owing to his absence or illness he may exercise those powers without that advice and in his own deliberate judgement.
Governor-General to be kept informed.
57. 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 may request with respect to any particular matter for which the Administration is responsible.
60. A member of the Administration shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance, the oath of office and the oath of secrecy.
61. Where any member of the Administration has been charged with responsibility for any department of the Administration, he shall exercise general direction and control over the 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.
Secretary to Administration.
62.--(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 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)
Withdrawals form Consolidated Fund or other public funds.
70.--(1) No moneys shall be withdrawn from the Consolidated Fund except-
Authorisation of expenditure from Consolidated Fund by the appropriation law.
71.--(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.
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.
Authorisation of expenditure in advance of appropriation.
72. 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 authorize 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.
Warrants for unforeseen expenditure.
73.--(1) If it appears to the member of the Administration for the time being responsible for finance that-
the members may, by special warrant, authorise the issue from the Consolidated Fund of the moneys required to meet the expenditure:
Provided that the total sum for the time being authorised to be issued under this subsection, for which no provisions has been made by an appropriation law, shall not exceed such amounts as may be prescribed by the Legislature.
(2) Where in any financial year the 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 supplementaty 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.--(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.
Audit of public accounts etc.
76.--(2) The Director of Audit shall-
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;
1. Until such time as a person has assumed office as Governor-General having been appointed as such in accordance with section 21 of the Constitution, the person who immediately before 19th September 1983 held office as Governor of Saint Christopher and Nevis (or, if there is no such person, the person who was then acting as Governor) shall discharge the functions of the office of Governor-General.
2.--(1) The existing laws shall, as from 19th September 1983, be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution and the Supreme Court Order.
Parliament.
3.--(1) Until the next dissolution of Parliament, the number of constituencies into which Saint Christopher and Nevis is divided, and their respective boundaries, shall, for the purpose of the election of Representatives, be the same as those of the constituencies into which Saint Christopher and Nevis was divided immediately before 19th September 1983 for the purpose of the election of members of the House of Assembly under the former Constitution; and that number and those boundaries shall be deemed to have been established under section 50 of the Constitution.
4.--(1) The person who immediately before 19th September 1983 held the office of Premier under the former Constitution shall, as from that date, hold office as Prime Minister as if he had been appointed thereto under section 52 of the Constitution.
Office of Attorney-General.
5. Until Parliament or, subject to the provisions of any law enacted by Parliament, the Governor-General, acting in accordance with the advice of the Prime Minister, otherwise provides, the office of Attorney-General shall be a public office.
Existing public officers
6. Subject to the provisions of the Constitution, every person who immediately before 19th September 1983 held or was acting in a public office under the former Constitution shall, as from that date, continue to hold or act in that office or the corresponding office established by the Constitution as if he had been appointed thereto in accordance with the provisions of the Constitution:
Provided that any person who under the former Constitution or any other law in force on that date would have been required to vacate his office at the expiration of any period shall vacate his office at the expiration of that period.
Supreme Court Order.
7.--(1) The West Indies Associated States Supreme Court Order 1967(a), so far as it has effect as a law, may be cited as the Supreme Court Order and for the purposes of the Order or any other law-
Appeals Order.
8.The West Indies Associated States (Appeals to Privy Council) Order 1967(b) may, in its application to Saint Christopher and Nevis, be cited as the Saint Christopher and Nevis Appeals to Privy Council Order and shall, to the extent that it has effect as a law, have effect as if the expression "Courts Order" included any law altering the Supreme Court Order and as if section 3 were revoked.
9. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 7 of the Constitution to the extent that the law in question authorizes the infliction of any description of punishment that was lawful immediately before 27th February 1967 (being the date on which Saint Christopher, Nevis and Anguilla became an associated state).
Protection from deprivation of property.
10.--(1) Nothing in section 8 of the Constitution (which deals with protection from deprivation of property) shall affect the operation of any law that was in force immediately before 27th February 1967 or any law made on or after that date that alters a law that was in force immediately before that date and does not-
11. Until such time as Parliament otherwise prescribes, the expression "Commonwealth citizen" shall have the meaning assigned to it by the British Nationality Act 1981.
Nevis Island Assembly and Administration.
12.--(1) For the purposes of section 101(l) of the Constitution the island of Nevis shall initially be divided into five electoral districts, sections 49 and 50 of the Constitution shall apply in relation to the first delimitation of the boundaries of those electoral districts as they apply in relation to the alteration of the boundaries of electoral districts by virtue of subsection (1) of section 104 of the Constitution but without the modifications specified in paragraphs (a) and (d) of that subsection and the proclamation made for the purposes of the first delimitation of those boundaries shall come into force as soon as it is published.
13.--(1) In this schedule-
"the Constitution" means the Constitution set out in schedule 1 to this Order;
"the Council for Nevis" means the Council established for the island of Nevis by section
109(l) of the former Constitution;
"the former Constitution" means the Constitution of Saint Christopher and Nevis as in force
immediately before 19th September 1983.
(2) The provisions of section 119 of the Constitution shall apply for the purposes of interpreting this schedule and otherwise in relation thereto as they apply for the purposes of interpreting and in relation to the Constitution.