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Detailed Proposals for the Future Constitution of Nevis


Made Pursuant to Section 113(2)(c) of the Constitution of St. Christopher and Nevis
Published by Authority of the Nevis Island Administration - August 12, 2003
The Territory of Nevis and
Supremacy of its Constitution
Parliament - Part 2
Legislation & Procedure in Parliament
The Public Service - Part 3
The Public Service Board of Appeal
2nd Schedule
Forms of Oaths
Citizenship Parliament - Part 3
Summoning, Prorogation & Dissolution
The Public Service - Part 4
Pension
3rd  Schedule
Provisions Relating To Certain Tribunals

Fundamental Rights and Freedoms

The Executive Judicial Provisions Miscellaneous
The Governor-General The Public Service - Part 1
The Public Service Commission
Parliamentary Commissioner FINANCE
Parliament - Part 1
Composition Of Parliament
The Public Service - Part 2
Appointment to particular offices
1st  Schedule Rules for Delimination of Constiturncies Interpretation

The State:                         

 1. The island of Nevis shall be a sovereign democratic state.

 The territory:                     

 2. The territory of Nevis shall comprise all areas that were comprised in, known as and reputed to be the Island of Nevis immediately before Independence Day and such other areas of land, sea or air as may be declared by Parliament to form part of the territory of Nevis including the territorial waters of Nevis.

Constitution is supreme law: 

 3. This Constitution is the supreme law of the state of Nevis and, subject to its provisions, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law, shall, to the extent of the inconsistency, be void.

CHAPTER II

CITIZENSHIP

Citizens by birth before Independence Day:

4. Every person who, having been born in Nevis before Independence Day, was immediately before that day a citizen of St. Christopher and Nevis shall on that day  become a citizen of Nevis.

Persons born outside Nevis before Independence Day:

5. Every person who, having been born outside Nevis before Independence Day, was immediately before that day a citizen of St. Christopher and Nevis shall on that day become a citizen of Nevis if either of his parents (including adoptive parents) had been born in Nevis.

 
Persons entitled to be registered as citizens:

6. Every person who is not a citizen by virtue of article 4 or article 5 who was a citizen of St. Christopher and Nevis immediately before Independence Day and is ordinarily resident in Nevis on Independence Day shall be entitled to be registered as a citizen of Nevis and may effect such registration in such manner as may be prescribed by law.

Marriage to persons entitled to citizenship:

7. Every person who is not a citizen by virtue of article 4, 5 or 6 who was, before Independence Day, married to a person who-­
    (a) becomes, or but for his death would have become a citizen of Nevis by virtue of article 4 or 5, shall become a citizen of Nevis on Independence Day;
    (b) becomes a citizen in accordance with article 6 shall be entitled to be registered as a citizen in the same manner as his or her spouse.

Citizens by birth after Independence:

8. Every person born in Nevis on or after Independence Day shall become a citizen of Nevis at the date of his birth unless either of his parents:
    (a) possesses immunity from suit and legal process as is accorded to the envoy of a foreign state accredited to Nevis;
    (b) is a citizen of a country with which Nevis is at war and the birth occurs at a place which is then under enemy occupation.

 Persons born abroad of Nevisian parentage:

9. Every person born outside Nevis on or after Independence Day shall become a citizen of Nevis if, at the date of his birth, either of his parents is a citizen of Nevis, or but for his or her death would have become a citizen of Nevis, by virtue of article 4 or 8.

Marriage after Independence Day:

10. (1) Any person who, after Independence Day, marries a citizen of Nevis shall, on application in such manner as may be prescribed by law, be entitled to be registered as a citizen of Nevis -­
      (a) if the marriage has subsisted for a period of five years prior to the application and is still subsisting; and
      (b) the applicant has been ordinarily resident in Nevis for at least five years following the marriage.

(2) The right to be registered as a citizen of Nevis under this article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

 Registration by virtue of residence:

11. (1) Any person may, upon making application at any time after Independence Day, be registered as a citizen of Nevis if he has been resident continuously in Nevis for a period of fourteen years immediately before the date of his application.

    (2) The right to be registered as a citizen of Nevis under this article shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

Powers of Parliament:

12. Parliament may make laws providing for persons not covered by articles 4 to 11 to become citizens of Nevis by naturalisation or registration.
 
No deprivation by reason of dual citizenship:

13. No person shall be deprived of his Nevis citizenship or refused registration of citizenship under article 6, 10 or 11 by reason only that he is or may become a citizen of another country, or be required to renounce his citizenship of another country.

Provisions for renun­ciation of citizenship:

14. There shall be such provision as may be made by Parliament-­
  (a) for the renunciation by any person of his citizenship;
 (b) for depriving of his citizenship any person who has become a citizen by virtue of registration or naturalisation if his citizenship was obtained by false representation or fraud or wilful 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 (b) of this article 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.

 CHAPTER III
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FUNDAMENTAL RIGHTS AND FREEDOMS

 Fundamental rights and freedoms:

15. Whereas every person in Nevis is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, birth, political opinions, colour, 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.

Right to life:

16. (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 paragraph (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, of a person lawfully detained;
  (c) for the purpose of suppressing a riot, insurrection or mutiny; or
  (d) in order to prevent the commission by that person of a criminal offence,
   or if he dies as the result of a lawful act of war.

Right to personal liberty:

17. (1) A person shall not be deprived of his personal liberty save as may be authorised 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 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 fulfilment 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;
(t) 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 state when he attains the age of eighteen years;
(h) for the purpose of preventing the spread of an infectious or 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 care or treatment or the protection of the community; or
(j) for the purpose of preventing the unlawful entry of that person into Nevis or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Nevis or for the purpose of restricting that person while he is being conveyed through Nevis in the course of his extradition or removal as a convicted prisoner from one country to another.

(2) Any person who is arrested or detained shall with reasonable promptitude and in any case not later than forty-eight hours after such arrest or detention be informed in a language that he understands of the reasons for his arrest or detention and be afforded reasonable facilities for private communication and consultation with a legal practitioner of his own choice and, in the case of a person under the age of eighteen years, with his parents or guardian.

(3) Any person who is arrested or detained -­
     (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.

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

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

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

Provided that a judge, a magistrate or a justice of the peace or an officer of a court or a police 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 paragraph 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 Government.

(7) For the purposes of paragraph (l)(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 charged but was insane when he did the act or made the 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.

Freedom from slavery and forced labour:

18. (1) A person shall not be held in slavery or servitude.

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

      (3) For the purposes of this article, the expression "forced labour" does not include -­
           (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 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.

 Protection from inhuman treatment:

19. A person shall not be subjected to torture or to inhuman or degrading punishment or other like treatment.

 Protection from deprivation of property:

20. (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 therefore is to be determined and given.

(2) Every person having an interest in or right over property that is compulsory 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 ofthe taking of possession or acquisition of the property, interest or 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 Parliament so provides in relation to any matter referred to in sub-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.

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

(4) A person who is entitled to compensation by virtue of paragraph (1) shall not be prevented from remitting-, within a reasonable time after he has received any amount of that compensation in the form of a sum of money or, as the case may be, has received any such amount in some other form and has converted any of that amount into a sum of money, the whole of that sum of money (subject to any tax that applies generally to persons remitting moneys but free from any other deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside Nevis.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of paragraph (4) to the extent that the law in question authorises -­
(a) the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of he judgement 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 Nevis of capital raised in Nevis or in some other country or derived from the natural resources of Nevis.
(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of paragraph (1) -­

(a) to the extent that the 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 judgements 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 ofthe persons entitled to the beneficial interest therein;
  (iii) property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property, or
  (iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.

(7) Nothing contained in or done under the authority of any law by Parliament shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision for the compulsory acquisition of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no moneys have been invested other than moneys provided by Parliament or by a legislature formerly having legislative authority in or for Nevis. '

 Protection from arbitrary search:

21. -
(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 article 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 utilisation of mineral resources or the development or utilisation 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 authorises an officer or agent of the Government, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or due or in order to carry out work connected with any
property that is lawfully on those premises and that belongs to the Government, authority or body corporate, as the case' may be; or
(d) that authorises, for the purpose of enforcing the judgement 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.

Protection of the law:

22.
(1) All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.

(2) 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.
(3) 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 _he 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
(1) 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.

(4) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgement a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(5) A person shall not be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
(6) A person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall not again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(7) A person shall not be tried for a criminal offence if he shows that he has been pardoned for that offence.
(8) A person who is tried for a criminal offence shall not be compelled to give evidence at the trial.
(9) A person who is charged with an offence in a superior court shall have the right to trial by jury.
(10) Every person convicted of a crime shall have the right to have his conviction and sentence reviewed by a higher tribunal according to law.
(11) Any court or other authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial, and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time.
(12) Where the existence or extent of any civil right or obligation has been determined in proceedings in any court or before any other authority any party to those proceedings shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be entitled to obtain within a reasonable time after the judgement or other determination a copy of any record of the proceedings made by or on behalf of the court or other authority.
(13) Except with the agreement of all the parties thereto, all proceedings of every court and all proceedings for the determination of the existence or extent of any civil right or obligation before any other authority, including the announcement of the decision of the court or other authority, shall be held in public.
(14) Nothing in paragraph (13) shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and the legal practitioners representing them to such extent as the court or other authority -­

 (a) may by law be empowered to do and may consider necessary or expedient in circumstances where publicity would 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 or the protection of the private lives of persons concerned in the proceedings; or
  (b) may by law be empowered or required to do in the interests of defence, public safety or public order.
(15) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of -­

(a) paragraph (3)(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) paragraph (3)(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) paragraph (6) to the extent that the law in question authorises 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.
(16) In the case of any person who is held in lawful detention paragraph (2), sub-paragraphs (d) and (e) of paragraph (3) and paragraph (4) shall
not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.

 (17) In this article, "criminal offence" means a criminal offence under a law.

 Freedom of conscience:

23. - (1) Except with his own consent, a person shall not be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.
(2) Except with his own consent (or, if he is a person under the age of eighteen years, the consent of a person who is his parent or guardian) a person attending any place of education, detained in any prison or corrective institution or serving in a defence force shall not be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion that is not his own.
(3) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education that it wholly maintains and such a community shall not be prevented from providing religious instruction for persons of that community in the course of any education that it wholly maintains or in the course of any education that it otherwise provides.
(4) A person shall not be compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief.
(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision that is reasonably required -­
  (a) in the interests of defence, public safety, public order, public morality or public health;
 (b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise 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 provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.
(6) References in this article to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.
Freedom of expression:
24. -
 (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 article 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 or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating 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 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.

Freedom of assembly and association:
25.-
 (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 article to the extent that the law in question makes provision -­

(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;
(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or
(c) that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions. and except so far as that 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.

 Freedom of movement:

26. -
(1) A person shall not be deprived of his freedom of movement, that is to say, the right to move freely throughout Nevis, the right to reside in any part of Nevis, the right to enter Nevis, the right to leave Nevis and immunity from expulsion from Nevis.

(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of paragraph (1).
(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of paragraph (1) to the extent that the law in question makes provision -­

(a) for the imposition of restrictions on the movement or residence within Nevis or on the right to leave 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;
(b) for the imposition of restrictions, by order of a court, on the movement or residence within Nevis of any person or on any person's right to leave 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 Nevis;
(c) for the imposition of restrictions on the freedom of movement of any person who is not a citizen;
(d) for the imposition of restrictions on the acquisition or use by any person of land or other property in Nevis.,
(e) for the imposition of restrictions upon the movement or residence within Nevis or on the right to leave Nevis of any public officer that are reasonably required for the proper performance of his functions,
(f) for the removal of a person from Nevis to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under a law of which he has been convicted; or
(g) for the imposition of restrictions on the right of any person to leave Nevis that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Freedom from discrimination on grounds of race etc:

27.-
(1) Subject to paragraphs (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
(2) Subject to paragraphs (6), (7), (8) and (9), a person shall not be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

(3) In this article the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
(4) Paragraph (1) shall not apply to any law so far as that law makes provision -­
(a) for the appropriation of public revenues or other public funds;
(b) with respect to persons who are not citizens;
(c) whereby persons of any such description as is mentioned in paragraph (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.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of paragraph (1) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, birth out of wedlock, political opinions or affiliations, colour, creed or sex) to be required of any person who is appointed to or to act in any office in or under the Government, any office in the service of a local government authority or any office in a body corporate established by law for public purposes.

(6) Paragraph (2) shall not apply to anything that is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in paragraph (4) or (5).
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of paragraph (1) or (2) to the extent that the law in question makes provision whereby persons of any such description as is mentioned in paragraph (3) may be subjected to any restriction on the rights and freedoms guaranteed by articles 21, 23, 24, 25 and 27, being such a restriction as is authorised by article 21(2), 23(5), 24(2) or 25(2) or, as the case may be, sub-paragraph (a) or (g) of article 26(3).
(8) Nothing in paragraph (2) shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under any law.
(9) Nothing in paragraph (2) shall apply in relation to the exercise, of any function vested in any person or authority by any of the provisions of this Constitution except articles 94(1), 95(2), 96(1),97(1),98(1), and 99 (which relate to the appointment etc. of public officers)

Emergency measures derogating from article 17 or 27:

28.
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 article

17 or 27 to the extent that the law authorizes the taking during a period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in Nevis or in part of Nevis during that period.

Persons detained in derogation of article 17:
29. -
(1) When a person is detained under emergency measures derogating from article 17 by virtue of article 28 the following provisions shall apply, that is to say -­

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

(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 an 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 of the case of the detained person; and
(e) at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or to be represented by a legal practitioner of his own choice.
(2) On any review by a tribunal in pursuance of this article of the case of a detained person the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
(3) Nothing contained in paragraph (l)(d) or (1)(e) shall be construed as entitling a person to legal representation at public expense.

Additional provision to be made by Parliament:
30.
(1) An Act of Parliament may make provision-­

(a) for the protection against discrimination of the aged and the disabled;
(b) for the protection of children and their right to education, and may declare that such provision as may be specified in the Act shall have effect as if it were set out in this Chapter.
(2) Article 31 shall apply to a provision declared by an Act made in accordance with this article to have effect as if it were set out in this Chapter and the reference to Chapter III in article 53(2) shall include a reference to any provision so declared.

Enforcement of protective provisions:

31-
 (1) If any person alleges that any of the provisions of articles 15 to 29 (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 paragraph (1); and
     (b) to determine any question arising in the case of any person that is referred to it in pursuance of paragraph (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 articles 15 to 29 (inclusive):
Provided that the High Court may decline to exercise its powers under this paragraph if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.
(3) If in any proceedings in any court (other than the Court of Appeal or the High Court or a court-martial) any question arises as to the contravention of any of the provisions of articles 15 to 29 (inclusive), the person presiding in that court may and, if any _arty to the proceedings so requests, shall refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
(4) Where any question is referred to the High Court in pursuance of paragraph (3), 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 that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.
(5) The High Court shall have such powers in addition to those conferred by this article as may be conferred upon it by Parliament for the purpose of enabling it more effectively to exercise the jurisdiction conferred upon it by this article.
(6) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this article (including rules with respect to the time within which applications may be brought and references shall be made to the High Court). .

Declaration of emergency:

32. -
(1) The Governor-General may by proclamation declare that for the purposes of this Chapter a state of emergency exists either in Nevis or in part of Nevis.
(2) A proclamation under paragraph (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 Nevis 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 House of Assembly is sitting, at the expiration of a period of seven days beginning with the date of publication of the declaration; and
(b) in any other case, at the expiration of a period of twenty-one days beginning with the date of publication of the declaration,

 unless it has in the meantime been approved by resolution of the Assembly.

(4) A declaration of emergency may at any time be revoked by the Governor-General by proclamation. .
(5) Unless sooner revoked, a declaration of emergency that has been approved by resolution of the House of Assembly shall cease to be in force if that resolution ceases to be in force.
(6) A resolution of the House of Assembly passed for the purposes of this article shall remain in force for twelve months or such shorter period as may be specified therein: Provided that any such resolution may be extended from time to time by a further such resolution, each extension not exceeding twelve months from the date of the resolution effecting the .extension; and any such resolution may be revoked at any time by a further resolution.
(7) A resolution of the House of Assembly for the purposes of paragraph (3) and a resolution of the Assembly extending any such resolution shall not be passed in the Assembly unless it is supported by the votes of not less than two-thirds of all the Representatives and Senators; and a resolution revoking any such resolution shall not be so passed unless it is supported by the votes of a majority of all the Representatives and Senators.
(8) Any provision of this article that a declaration of emergency shall lapse or cease to be in force at any particular time is without prejudice to the making of a further declaration of emergency whether before or after that time.
(9) In this article "declaration of emergency" means a declaration under paragraph (1).

Interpretation and savings:

33. (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 Nevis other than a court established by a disciplinary law, and includes Her Majesty in Council and in articles 16 and 18 a court established by a disciplinary law; "disciplinary law" means a law regulating the discipline of any disciplined force;
disciplined 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 of that force, is subject to that discipline.
(2) In this Chapter "a period of public emergency" means any period during which -­
   (a) Nevis is at war; or
   (b) there is in force a declaration under article 32 that a state of emergency exists in Nevis or in part of Nevis.
(3) In relation to any person who is a member of a disciplined force of Nevis, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than articles 16, 18 and 19.
(4) In relation to any person who is a member of a disciplined force of a country other than Nevis and lawfully present in Nevis, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.
(5) Nothing in this Chapter shall be construed as empowering the legislature to make any law that would impede the due exercise by any person or authority of any power or other function vested in that person or authority by this Constitution.

CHAPTER IV
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THE GOVERNOR-GENERAL

Establishment of office:

34. (1) There shall be a Governor-General for Nevis who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's Representative in Nevis.
(2) A person shall not be qualified to be appointed to the office of Governor ­General unless he and one of his parents are citizens of Nevis by virtue of article 4 or article 8.

Acting Governor-General:

35
(1) During any period when the office of the Governor-General is vacant or the holder of the office of Governor-General is absent from 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.
(2) Any person appointed under paragraph (I) shall hold office during Her Majesty's pleasure and shall in any case cease to perform the functions of the office of Governor-General if the holder of the office of Governor­ General has notified him that he is- about to assume or resume those functions.

Deputy to Governor-General:

36
(I) When the Governor-General -­
(a) has occasion to be absent from the seat of government but not from Nevis for a period determined in his own deliberate judgement;
(b) has occasion to be absent from Nevis for a period that he considers, in his own deliberate judgement, will be of short duration; or
(c) is suffering from an illness that he considers, in his own deliberate judgement, will be of short duration, . he may, acting in accordance with the advice of the Prime Minister, appoint any person in 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 may be specified in the instrument by which he is appointed.
(2) The power and authority of the Governor-General shall not be abridged, altered or in any way affected by the appointment of a deputy under this article and, subject to the provisions of this Constitution and any other law, a deputy shall conform to and observe all instructions that the Governor-General, acting in his own deliberate judgement, may from time to time address to him:
Provided that the question whether or not a deputy has conformed to and observed any such instructions shall not be enquired into by any Court.
(3) A person appointed as deputy under this article shall hold his appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the Governor-General, acting in accordance with the advice of the Prime Minister.

Oaths:
37.
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 V
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 PARLIAMENT PART l

Composition of Parliament

Establishment:

38.
There shall be a Parliament of Nevis which shall consist of Her Majesty and a House of Assembly.

House of Assembly:

39.
(1) The House of Assembly shall consist of-­
  (a) such number of Representatives as corresponds with the number of constituencies for the time being established in accordance with article 48; and
  (b) such number of Senators as is specified in paragraph (2) of this article, who shall be appointed in accordance with article 44.
(2) The number of Senators shall be three or such greater number (not exceeding two-thirds of the number of Representatives) as may be prescribed by Parliament:

Provided that at any time when a person who is a Senator holds the office of Attorney-General the number of Senators shall be increased by one.
(3) If a person who is not a member of the Assembly is elected to be Speaker he shall, by virtue of holding the office of Speaker, be a member of the Assembly.
(4)At any time when the office of Attorney-General is a public office the Attorney-General shall, by virtue of holding or acting in that office, be a member of the Assembly.

Sitting or voting when not entitled to do so:

40
(1) Any person who sits or votes in the Assembly knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of a criminal offence and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by Parliament, for each day on which he so sits or votes in the Assembly.
(2) Any prosecution for an offence under paragraph (1) shall be instituted in the High Court and shall not be so instituted except by or on the directions of the Director of Public Prosecutions.

Qualifications for Representatives and Senators:

41.
Subject to article 42 a person shall be qualified to be elected or appointed as a member ofthe Assembly if, and shall not be so qualified unless, he is a citizen of the age of eighteen years or upwards and he or one of his parents was born in Nevis.

Disqualifications for Representatives and Senators:

42.
-(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 adjudged 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.
(2) If it is so provided by Parliament, a person shall not be qualified to be elected or appointed as a member if he holds or is acting in any office that is specified by Parliament and the functions of which involve responsibility for, or in connection with, the conduct of any election of Representatives or the compilation of any register of voters for the purpose of electing Representatives.
(3) If it is so provided by Parliament, a person who is convicted by any court of law of any criminal offence that is prescribed by Parliament and that is connected with the election of Representatives or is reported guilty of such an offence by the Court trying an election petition shall not be qualified, for such a period (not exceeding five years) following his conviction or, as the case may be, following the report of the Court as may be so prescribed, to be elected or appointed as a member.
(4) A person shall not be qualified to be elected as a Representative who is a Senator; and a person shall not be qualified to be appointed as a Senator who is, or is nominated for election as, a Representative or who has at any time since Parliament was last dissolved stood as a candidate for election as a Representative without being so elected.
(5) If it is so provided by Parliament and subject to such exceptions and limitations (if any) as Parliament may prescribe, a person shall not be qualified to be elected or appointed as a member if -­
   (a) he holds or is acting in any office or appointment in the public service (whether specified individually or by reference to a class of office or appointment);
  (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 exceptions or limitations prescribed by Parliament, he has any such interest in any such government contract as may be so prescribed.
(6) In this article -­ "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 Assembly;
(7) For the purposes of sub-paragraph (d) of paragraph (1) -­
   (a) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if anyone of such sentences exceeds that term they shall be regarded as one sentence; and

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

 Election of Representatives:

43.-
(1) Each of the constituencies established in accordance with the provisions of article 48 shall return one Representative to the Assembly who shall be elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law enacted by Parliament.

(2) Every citizen of Nevis and Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence or domicile in Nevis as Parliament may prescribe shall, unless he is disqualified by Parliament from registration as such, be entitled to be registered as a voter for the purpose of electing Representatives in one (but not more than one) constituency in accordance with the provisions of any law in that behalf and no other person may be registered as such.
(3) Every citizen of Nevis and Commonwealth citizen who is registered under paragraph (2) in any constituency shall, unless he is disqualified by Parliament from voting in any election of Representatives, be entitled so to vote in that constituency in accordance with the provisions of any law in that behalf and no other person may so vote.
(4) In any election of Representatives the votes shall be given by ballot in such manner as not to disclose how any particular person votes.

Appointment of Senators:

44.-
(1) Of the Senators -­
  (a) one-third of their number (excluding any Senator who holds the office of Attorney-General) shall be appointed by the Governor­ General, acting in accordance with the advice of the Leader of the Opposition; and
(b) the others shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister.
(2) In this section "one-third" means, in relation to a number of Senators that is not a multiple of three, one-third of the next higher number that is such a multiple.
(3) Where there is no Representative opposed to the Government or no Representative who. is willing to assume the functions of Leader 'of the Opposition the Governor-General acting in his own deliberate judgement shall exercise the powers of he Leader of the Opposition under paragraph (1) (a) of this article.

Tenure of Office of Representatives and Senators:
45.-
(1) An elected or appointed member shall vacate his seat in the House of Assembly at the next dissolution of Parliament after his election or appointment.
(2) A Senator appointed -­
  (a) under paragraph (1)(a) of article 44 shall vacate his seat in the Assembly if his appointment is revoked by the Governor-General, acting on the advice of the Leader of the Opposition;
  (b) under paragraph (1)(b) of that article shall vacate his seat in the Assembly if his appointment is revoked by the Governor-General, acting in accordance with the advice of the Prime Minister; or
  (c) under paragraph (3) of that article shall vacate his seat in the Assembly if his appointment is revoked by the Governor-General in his own deliberate judgement.
(3) An elected or appointed member shall also vacate his seat in the Assembly -­
  (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 of the Assembly;
  (b) if he ceases to be a citizen, unless he holds the office of Attorney­-General as a public office;
  (c) subject to paragraph (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 paragraph (1) of article 42 or of any law enacted in pursuance of paragraphs (2), (3) or (5) of that article; or
  (d) in the case of a Senator who holds the office of Attorney-General, if he ceases to hold that office.
(4)
  (a) If any such circumstances as are referred to in sub-paragraph (c) of paragraph (3) arise because an elected or appointed member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court of law or other authority or without such leave), he shall forthwith cease to perform his functions as a member but, subject to the provisions of this article, he shall not vacate his seat until the expiration of a period of thirty days thereafter: Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the 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 sub-paragraph (a) of this paragraph and he may resume the performance of his functions as a member. .
(5) In this article "member" means member of the Assembly.

Speaker:
46.--
(1) When the Assembly first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be the Speaker of the Assembly; and if the office of Speaker falls vacant at any time before the next dissolution of Parliament, the Assembly shall, as soon as practicable, elect another person to that office.
(2) The Speaker may be elected from among the members of the Assembly who are not members of the Cabinet or from among persons who are not members of the Assembly but who are qualified for election as a Representative or appointment as a Senator.
(3) No business shall be transacted in the House of Assembly (other than the election of a Speaker) at any time when the office of Speaker is vacant.
(4) A person shall vacate the office of Speaker -­
  (a) in the case of a Speaker elected from among the members of the House of Assembly-­
     (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 House of Assembly on a dissolution of Parliament, until the House of Assembly first meets after the dissolution; or
     (ii) if he becomes a member of the Cabinet or a Minister .of State;
  (b) in the case of a Speaker elected from among persons who are not members of the House of 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) if the House of Assembly by a resolution which has received the affirmative vote of a majority of all its members has resolved that his appointment as such be revoked.

Provided that -­
    (i) at least ten days notice of the moving of the resolution is given;
    (ii) the ground for the moving of the resolution is stated therein;
   (iii) the Clerk of the Assembly shall preside over the sitting at which the resolution is taken.
(5) If the Speaker is, for any reason unable to perform the functions of his office, the House of Assembly shall elect a person qualified to be elected as Speaker to perform the functions of the office of Speaker until the Speaker is able to resume those functions.
(6)
 (a) If, by virtue of article 45(4), the Speaker is required to cease to perform his functions as a member of the House of Assembly he shall also cease to perform his functions as Speaker 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 other person as the House of Assembly may elect for the purpose.
 (b) If the Speaker resumes the performance of his functions as a member of the Assembly, he shall also resume the performance of his functions as Speaker.
Electoral and BoundariesnCommission:

47.-
(1) There shall be an Electoral and Boundaries Commission for Nevis (hereinafter in this Part referred to as "the Commission").
(2) The Commission shall consist of a Chairman and two other members.
(3) The Chairman shall be appointed by the Governor-General acting in his own deliberate judgement; one of the other members shall be appointed by the Governor-General on the advice of the Prime Minister and one by the Governor-General on the advice of the Leader of the Opposition.
Provided that where there is no Representative opposed to the Government or no Representative willing to assume the functions of Leader of the Opposition, the Governor-General acting in his own deliberate judgement shall appoint the third member of the Commission.
(4) No person shall be qualified to be appointed as a member of the Commission if he is a member of the House of Assembly or if he holds or is acting in any public office.

(5) If any member of the Commission dies or resigns, the Governor-General shall appoint another person in his place in the same manner in which such member was appointed.
(6) Subject to the provisions of this article, the office of a member of the Commission shall become vacant -­
  (a) at the expiration of five years from the date of his appointment; or
  (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.
(7) A member of the Commission may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this article.
(8) If the office of a member of the Commission is vacant or a member is for any reason unable to perform the functions of his office, the Governor­ General may appoint another person in the same manner in which such member was appointed, to act as a member of the Commission, and any person so appointed shall, subject to the provisions of paragraph (7) of this article, continue to act until he is notified by the Governor-General that the circumstances giving rise to the appointment have ceased to exist.
(9) A member of the Commission shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and the oath of office.
(10) The provisions of article 114 (which relate to removal from office and suspension) shall apply to the office of a member of the Commission, and the prescribed authority for the purposes of that article shall be the Prime Minister acting after consultation with the Leader of the Opposition.
(11) The Commission may regulate its own procedure and, with the approval of the Governor-General given in accordance with the advice of the Prime Minister, confer powers or impose duties on any public officer or authority of the Government for the purpose of the discharge of its functions..
(12) The functions of the Commission shall include the supervision of the Supervisor of Elections in the performance of his functions under article 49.
(13) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence of a majority of all its members.

Review of constituency boundaries:

48.-
(1) The Commission shall, in accordance with the provisions of this article, review the number and boundaries of the constituencies into which Nevis is divided and submit to the Prime Minister for presentation to the House of Assembly, reports either-­
  (a) showing the constituencies into which it recommends that Nevis should be divided in order to give effect to the rules set out in the First Schedule; or
  (b) stating that, in its opinion, no alteration is required to the existing number or boundaries of constituencies in order to give effect to those rules.
(2) Reports under paragraph (1) shall be submitted by the Commission as soon as may be after the commencement of this Constitution and thereafter at intervals of not less than two nor more than five years.
(3) As soon as may be after the Commission has submitted a report under paragraph (1) (a), the Prime Minister shall lay before the Assembly for its approval the draft of a proclamation by the Governor-General for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft proclamation may make provision for any matters that appear to the Prime Minister to be incidental to or consequential upon the other provisions of the draft.
(4) Where any draft proclamation laid before the House of Assembly gives effect to any recommendations of the Commission with modifications, the Prime Minister shall lay before the House of Assembly together with the draft a statement of the reasons for the modifications.
(5) If the motion for the approval of any draft proclamation laid before the House of Assembly under paragraph (3) is rejected by the Assembly, or is withdrawn by leave of the Assembly, the Prime Minister within 45 days shall amend the draft and lay the amended draft before the Assembly.
(6) If any draft proclamation laid before the House of Assembly under paragraph (3) or (5) is approved by a resolution of the Assembly, the Prime Minister shall submit it to the Governor-General who shall make a proclamation in terms of the draft; and that proclamation shall come into force upon the next dissolution of Parliament after it is made.
(7) The question of the validity of any proclamation by the Governor ­General purporting to be made under paragraph (6) and reciting that a draft thereof has been approved by resolution of the House of Assembly shall not be enquired into in any Court except upon the ground that the proclamation does not give effect to rule 1 of the First Schedule.  .

Supervisor of Elections:

49.-
(1) There shall be a Supervisor of Elections whose duty shall be to exercise general supervision over the registration of voters in elections of Representatives and over the conduct of such elections.
(2) The functions of the office of Supervisor of Elections shall be exercised either by the person holding or acting in such public office as may for the time being be designated in that behalf by the Governor-General or, if the Governor-General so decides, by such other person who is not a public officer as may for the time being be so designated.
(3) A person shall not enter upon the duties of the office of Supervisor of Elections until he has taken and subscribed the oath of allegiance and the oath of office.
(4) For the purposes of the exercise of his functions under paragraph (1), the Supervisor of Elections may give such directions as he considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom any such directions are given shall comply with those directions.
(5) The Supervisor of Elections may, whenever he considers it necessary or expedient to do so. and shall whenever so required by the Commission, report to the Commission on the exercise of his functions under paragraph (1); he shall also submit every such report to the Minister for the time being responsible for matters relating to the election of Representatives; and that Minister shall, not later than seven days after the Assembly first meets after he has received the report, lay it before the Assembly together with such comments thereon as he may have received from the Commission.
(6) In the exercise of his powers under paragraph (2) the Governor-General shall act in his own deliberate judgement after consulting the Prime Minister and the Leader of the Opposition.
(7) In the exercise of his functions under paragraph (1), the Supervisor of Elections shall act in accordance with such directions as he may from time to time be given by the Commission but shall not be subject to the direction or control of any other person or authority.
(8) The Supervisor of Elections shall exercise such other functions in relation to elections as may be prescribed by or under any law enacted by Parliament.

Clerk of Assembly and his staff:

50.-
(1) There shall be a Clerk of the House of Assembly.
(2) The office of the Clerk of the House of Assembly and the offices of the members of his staff shall be public offices.

Determination of questions of membership:

51.-
(1) The High Court shall have jurisdiction to hear and determine any question whether -­
   (a) any person has been validly elected as a member of the House of Assembly;
   (b) any person has been validly appointed as a Senator;
   (c) any member of the House of Assembly has vacated his seat or is required, by virtue of article 45(4), to cease to exercise any of his functions as a member of the House of Assembly; or
  (d) any person has been validly elected as Speaker of the House of Assembly from among persons who are not members of the House of Assembly, or, having been so elected, has vacated the office of Speaker.
(2) An application to the High Court for the determination of any question under paragraph (1)(a) may be made by any person entitled to vote in the election to which the application relates or by any person who was, or alleges that he was, a candidate at that election or by the Attorney­-General.
(3) An application to the High Court for the determination of any question under paragraph (1)(b) or (1)( d) may be made by any Representative or by the Attorney-General.
(4) An application to the High Court for the determination of any question under paragraph (1)(c) may be made-­
  (a) by any Representative or by the Attorney-General; or
  (b) in the case of a seat of a Representative, by any person registered in the constituency as a voter in the election of Representatives.
(5) If any such application referred to in this article is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.
(6) There shall be such provision as may be made by Parliament with respect to -­
   (a) the circumstances and manner in which and the imposition of conditions upon which any application may be made to the High Court for the determination of any question under this article; and
   (b) the powers, practices and procedure of the High Court in relation to any such application.
(7) An appeal shall lie as of right to the Court of Appeal from any final decision of the High Court under this article.
(8) No appeal shall lie from a decision of the Court of Appeal in the exercise of its jurisdiction under this article and no appeal shall lie from any decision of the High Court except as provided in paragraph (7).
(9) In the exercise of his functions under this article, the Attorney-General shall not be subject to the direction or control of any other person or authority.
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PART 2
Legislation and Procedure in Parliament

Power to make laws:
52.
Subject to the provisions of this Constitution, the legislative power of Nevis is vested in Parliament.

Alteration of Constitution and Supreme Court Order:

53. -
(1) Subject to the provisions of this article, an Act of Parliament may alter this Constitution or the Supreme Court Order.
(2) A Bill for an Act of Parliament under this article that alters any of the following provisions, that is to say,
   (a) Chapter I;
   (b) articles 4,5, 8 and 9;
   (c) Chapter III;
   (d) articles 34, 35, 38, 39, 43, 44, 47(1), 48, 49, 51, 52, 53, 54, 58, 64, 65,66,67,68,75(1) and (2),77, 81(1) to (5), 97(1) and (4);
   (e) Chapter VII;
   (f) Chapter VIII (except articles 100 and 101);
   (g) Chapter IX;
   (h) articles 111 and 114, and article 115 insofar as it applies to any of the foregoing provisions of this paragraph;
   (i) articles 4, 5, 6, 8,11,18, and 19 of the Supreme Court Order, shall not be passed unless at the final voting thereon in the House of Assembly it is supported by the votes of not less than two-thirds of all its members.
(3) A Bill to alter this article or any of the provisions specified in paragraph (2) of this article 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; and
  (b) after it has been passed by the Assembly the Bill has been approved on a referendum by more than one-half of all the votes validly cast on that referendum.
(4) The provisions of sub-paragraph (b) of paragraph (3) shall not apply in relation to any Bill to alter -­
  (a) article 108 in order to give effect to any agreement between Nevis and the United Kingdom concerning appeals from any Court having jurisdiction in Nevis to Her Majesty in Council;
  (b) any of the provisions of the Supreme Court Order in order to give effect to any international agreement to which 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 Nevis and for other countries also parties to the agreement.
(5) A Bill to alter any other article of the Constitution not specified in paragraph (2) of this article shall not be passed unless at the final voting thereon in the House of Assembly it is supported by the votes of two thirds of all the members of the House of Assembly.
(6) Every person who, at the time when a referendum is held for the purposes of this article, would be entitled to vote in election of Representatives shall be entitled to vote on that referendum; and no other person shall be entitled to vote on that referendum.
(7) The right of any person to vote on a referendum under this article shall be exercised in accordance with such procedures as may be prescribed by Parliament for the purposes of the referendum.
(8) In any referendum for the purposes of this article the votes shall be given by ballot in such manner as not to disclose how any particular person votes.
(9) The conduct of any referendum for the purposes of this article shall be the responsibility of. the Supervisor of Elections and the provisions of paragraphs (4), (5) and (7) of article 49 shall apply in relation to the exercise by the Supervisor of Elections or by any other officer of his functions with respect to a referendum as they apply in relation to the exercise of his functions with respect to election of Representatives.

(10)Bill to alter any of the provisions of this Constitution or the Supreme Court Order shall not be submitted to the Governor-General for his assent unless it is accompanied by a certificate under the hand of the Speaker that the provisions of paragraphs (2) or (5) of this article and, where applicable, those of paragraph 3(a) have been complied with and, where a referendum has been held in pursuance of paragraph (3)(b), by a certificate under the hand of the Supervisor of Elections stating the results of the referendum.
(b) The certificate of the Speaker under this paragraph shall be conclusive that the provisions of paragraphs (2) or (5) and, where applicable, those of paragraph (3) (a) have been complied with and shall not be enquired into in any court.

(11) In this article -­
(a) references to this Constitution or the Supreme Court Order or to any particular provision of either of them thereof include references to any other law in so far as that law alters the Constitution, the Supreme Court Order or that provision, as the case may be; and
(b) references to altering this Constitution or the Supreme Court Order or any particular provision of either of them include references­
   (i) to repealing it, with or without re-enactment thereof or the making of different provision in lieu thereof;
   (ii) to modifying it (whether by omitting, amending or overriding any of its provisions or inserting additional provisions in it or otherwise); and
   (iii) to suspending its operation for any period or terminating any such suspension.
(12) No Act of Parliament shall be construed as altering this Constitution or the Supreme Court Order unless it is stated in the Act that it is an Act for that purpose.

Regulation of procedure:

54.-
 (1) Subject to the provisions of this Constitution, the Assembly may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings.
(2) Subject to the proviso to article 57(1), 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.

Presiding:

55.-
 (1) The Speaker, or in his absence, a. member of the Assembly (not being a Minister or Minister of State) elected by the Assembly for that sitting shall preside at each sitting of the Assembly.
(2) References in this article to circumstances in which the Speaker is absent include references to circumstances in which the office of Speaker is vacant and no person has been elected to perform the functions of the office of Speaker in accordance with article 46.

Quorum:

56.-
(1) If at any time during a sitting of the House of Assembly objection is taken by a member that there is not a quorum present and, after such interval as may be prescribed by the rules of procedure of the Assembly, the person presiding ascertains that there is still not a quorum present, he shall thereupon adjourn the Assembly.
(2) For the purpose of this article the quorum of the Assembly shall consist of five members including the person presiding.
Voting:
57. -
(1) Save as otherwise provided in this Constitution, 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 -­
  (a) questions of no confidence in the Government shall be determined by a majority of the votes of all the Representatives;
  (b) except in the case of a question of no confidence in the Government, a question shall not be regarded as having been validly determined by a vote in the House of Assembly on occasions when the number of members voting are recorded unless not less than three fifths, or such greater number of members as Parliament may prescribe, take part in the voting.
(2) A Speaker elected from among persons who are members of the House of Assembly shall have an original but not a casting vote.
(3) A Speaker who was elected from among persons who were not members of the Assembly shall have neither an original nor a casting vote and if, upon any question before the Assembly when such a Speaker is presiding, the votes of the members are equally divided, the motion shall be lost.

 Mode of exercise of legislative power:

58.-
(1) The power of Parliament to make laws shall be exercised by Bills passed by the Assembly and assented to by the Governor-General.
(2) When a Bill is submitted to the Governor-General for assent in accordance with the provisions of this Constitution he shall signify that he assents or that he withholds assent.
(3) When the Governor-General assents to a Bill that has been submitted to him in accordance with the provisions of this Constitution the Bill shall become law and the Governor-General shall thereupon cause it to be published in the Gazette as law.
(4) No law made by Parliament shall come into operation until it has been published in the Gazette but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect.

Introduction of Bills, etc. :

59.
Subject to the provisions of this Constitution and of the rules of procedure of the Assembly, any member may introduce any Bill or propose any motion for debate in, or may present any petition to, the House of Assembly, and the same shall be debated and disposed of according to the rules of procedure of the Assembly.

Restrictions with regard to certain financial measures:

60.
Except on the recommendation of Cabinet signified by a Minister, the House of 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;
   (iii) for the payment, issue or withdrawal from the Consolidated Fund or any other public fund of the Government of any moneys not charged thereon 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.

Privileges and immunities:

61.
An Act of Parliament may determine the privileges, immunities and powers of the House of Assembly, its Committees, members and officers.

Freedom of speech:
62.
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 House of Assembly for words spoken before, or written in a report to, the Assembly or a Committee thereof or by reason of any matter or thing brought by him therein by petition, Bill, resolution, motion, question or otherwise.

Oath:
63.-
(1) Every member of the House of 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 or to perform the functions of that office shall, if he has not already taken and subscribed the oath of allegiance under paragraph (1), take and subscribe that oath before the Assembly before entering upon the duties of that office.
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PART 3
Summoning, prorogation and dissolution

Sessions:

64. -
(1) Each session of Parliament shall be held at such place within Nevis and shall begin at such time, not being later than one hundred and eighty days from the end of the preceding session if Parliament has been prorogued or ninety days from the holding of a general election of Representatives if Parliament has been dissolved, as the Governor-General shall appoint by proclamation.
(2) Subject to paragraph (1), the sittings of the House of Assembly shall be held at such time and place as the Assembly may, by its rules of procedure or otherwise, determine.

Prorogation and dissolution:
65.-
(1) The Governor-General may at any time prorogue or dissolve Parliament.
(2) Subject to paragraph (3), Parliament, unless sooner dissolved, shall continue for five years from the date of the first sitting of the Assembly after any dissolution and shall then stand dissolved.
(3) At any time when Nevis is at war, Parliament may extend the period of five years specified in paragraph (2) for not more than twelve months at a time:
Provided that the life of Parliament shall not be extended under this paragraph for more than two years.
(4) In the exercise of his powers to prorogue or dissolve Parliament the Governor-General shall act in accordance with the advice of the Prime Minister:
Provided that if the office of the Prime Minister is vacant and the Governor­ General, acting in his own deliberate judgement, considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who commands the support of the majority of the Representatives, the Governor-General shall dissolve Parliament.
(5) If, after a dissolution of Parliament and before the holding of the general election of Representatives, the Prime Minister advises the Governor­ General that, because of some matter of urgent national importance, it is necessary to recall Parliament, the Governor-General shall summon the Parliament that has been dissolved to meet, but the general election of Representatives shall proceed and the Parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the date appointed for the nomination of candidates in that general election.

Holding of elections:

66.-
(1) A general election of members of the Assembly shall be held at such time within ninety days after any dissolution of Parliament as the Governor­ General may appoint.
(2) As soon as may be after every general election the Governor-General shall proceed under article 44 to the appointment of Senators.
(3) Where the seat of a member of the Assembly falls vacant otherwise than by reason of a dissolution of Parliament -­
  (a) if the vacant seat is that of a Representative, a by-election shall be held; or
  (b) if the vacant seat is that of a Senator, an appointment shall be made, to fill the vacancy within ninety days of the occurrence of the vacancy unless Parliament is sooner dissolved.

CHAPTER VI
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THE EXECUTIVE

Executive authority:

67.-
(1) The executive authority of Nevis is vested in Her Majesty.
(2) Subject to the provisions of this Constitution, the executive authority of Nevis may be exercised on behalf of Her Majesty by the Governor­ General either directly or through officers subordinate to him.
(3) Nothing in this article shall prevent the legislature from conferring functions on persons or authorities other than the Governor-General.

Cabinet:

68.-
(1) There shall be for Nevis a Cabinet of Ministers which shall consist of the Prime Minister and the other Ministers.
(2) The Cabinet shall be the principal instrument of policy and shall be charged with the general direction and control of the Government of Nevis and shall be collectively responsible therefore to Parliament.

Appointment of Ministers:

69.-
(1) There shall be a Prime Minister of Nevis who shall be appointed by the Governor-General.
(2) A person shall not be qualified to be appointed Prime Minister unless he and one of his parents are citizens of Nevis by virtue of article 4 or article 8.
(3) Whenever the Governor-General has occasion to appoint a Prime Minister he shall, acting in his own deliberate judgement, appoint a Representative who, in his judgement, is best able to command the support of the majority of the Representatives.
(4) There shall be, in addition to the office of Prime Minister, such other offices of Minister of the Government (one of whom may be appointed as Deputy Prime Minister) as may be established by Parliament, or, subject to the provisions of any law enacted by Parliament, by the Governor ­General, acting in accordance with the advice of the Prime Minister.
(5) Appointments to the office of Minister, other than the office of Prime Minister, shall be made by the Governor-General, acting in accordance with the advice of the Prime Minister, from among the members of the House of Assembly.
(6) At any time when the office of Attorney-General is a public office the Attorney-General shall, by virtue of holding or acting in that office, be a member of the Cabinet in addition to the Ministers.
(7) If occasion arises for making an appointment to the office of Prime Minister or any other Minister while Parliament is dissolved, then, notwithstanding the provisions of paragraphs (3) and (5), a person who was a Representative immediately before the dissolution may be appointed as Prime Minister and a person who was a Representative or a Senator immediately before the dissolution may be appointed as any Minister other than Prime Minister.

inisters of State:

70.
The Governor-General, acting in accordance with the advice of the Prime Minister, may appoint Ministers of State from among the members of the House of Assembly to assist Ministers in the performance of their duties.

Tenure of Ministers and Ministers of State:

71. -
(1) The Governor-General shall remove the Prime Minister from office if a resolution of no confidence in the Government is passed by the House of Assembly and the Prime Minister does not within three days either resign from his office or advise the Governor-General to dissolve Parliament.
(2) If, at any time between the holding of a general election of Representatives and the first meeting of the House of Assembly thereafter, the Governor-General considers that, in consequence of changes in the membership of the Assembly resulting from that election, the Prime Minister will not be able to command the support of the majority of the Representatives, the Governor-General may remove the Prime Minister from office.
(3) The office of any Minister or Minister of State shall become vacant 7"­
   (a) if the holder of the office ceases to be a member of the Assembly otherwise than by reason of the dissolution of Parliament;
   (b) in the case of the Prime Minister or any other Minister, if, when the Assembly first meets after any dissolution of Parliament, he is not then a Representative;
   (c) in the case of a Minister of State, 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 article 45(4), he is required to cease to perform his functions as a member of the Assembly.
(4) The office of a Minister other than the Prime Minister or a Minister of State 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 Assembly or is removed from office under paragraph (1) or (2); or
  (c) on the appointment or re-appointment of any person to the office of Prime Minister.
(5) In the exercise of the powers conferred upon him by paragraph (2) the Governor-General shall act in his own deliberate judgement.

 Allocation of portfolios:

72.
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 subject or business of the Government, including the administration of any department of the Government.

Absence or illness of Prime Minister:

73.-
(1) Whenever the Prime Minister-is absent from Nevis or by reason of illness is unable to perform the functions conferred upon him by this Constitution, the Governor-General may authorise some other Minister to perform those functions (other than the functions conferred by this article) 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 article 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 judgement, 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 judgement.

Attorney-General:
74.-
(1) There shall be an Attorney-General who shall be the principal legal adviser to the Government.
(2) The office of Attorney-General shall be either a public office or the office of a Minister.
(3) No person shall be qualified to hold or act in the office of Attorney­ General unless he is a citizen of Nevis or a Commonwealth citizen and has held the qualifications entitling him to admission to practice law in Nevis for at least five years.

Exercise of Governor­ General's functions:

75.-
(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 authorised to act in his own deliberate judgement in accordance with the following provisions -­
    (a) article 37 (which relates to the Governor-General's deputy);
    (b) article 47 (which relates to the Electoral and Boundaries Commission);
   (c) article 49 (which relates to the Supervisor of Elections);
   (d) articles 69 and 71(2) (which relate to Ministers);
   (e) article 77 (which relates to the Leader of the Opposition);
   (f) article 94 (which relates to the appointment etc. of public officers);
  (g) article 100 (which relates to the Public Service Board of Appeal).
(2) Where the Governor-General is directed to exercise any function in accordance with the recommendation of any person or authority, he shall exercise that function accordingly: Provided that before the Governor-General acts in accordance with a recommendation in any case he may, acting in his own deliberate judgement, once request the person or authority by whom it is made to reconsider the recommendation and if, upon any reconsideration of a recommendation, the person or authority makes a different recommendation, the Governor ­General acting in his own deliberate judgement, may likewise once request the person or authority by whom it is made to reconsider that different recommendation.
(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 article 77 and willing to accept appointment or if the Governor-General, acting in his own deliberate judgement, considers that it is not practicable for him to obtain the advice of, or to consult, the Leader of the Opposition within the time within which it may be necessary for him to act, he may act without that advice and in his own deliberate judgement 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.
(4) Nothing in paragraph (1) shall require the Governor-General to act in accordance with the advice of the Cabinet or a Minister in exercise of the functions conferred upon him by the following provisions -­
  (a) the proviso to article 65(4) (which requires the Governor-General to dissolve Parliament in certain circumstances);
  (b) article 71(1) and (2) (which requires the Governor-General to remove the Prime Minister from office in certain circumstances);
  (c) article 76 (which entitles the Governor-General to information);

  (d) articles 77 and 114 (which require the Governor-General to remove the holders of certain offices from office in certain circumstances);
  e) or any function which is expressed (in whatever terms) to be exercisable by him in his own deliberate judgement.

Governor-General to be kept informed:

76.
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:

77.-
(1) There shall (except at times when no Representative is eligible for appointment) be a Leader of the Opposition in the House of Assembly who shall be appointed by the Governor-General.
(2) Whenever there is occasion for the appointment of a Leader of the Opposition the Governor-General shall appoint the Representative who, in his judgement, is best able to command the support of a majority of the Representatives who do not support. the Government; or, if no Representative appears to him to command such support, the Representative who, in his judgement, commands the support of the largest single group of Representatives who do not support the Government:
Provided that if there is no person who in his judgement qualifies to be appointed as aforesaid, the Governor-General may in his own deliberate judgement appoint any Representative who does not support the Government to be Leader of the Opposition for such period as he considers desirable.
(3) If occasion arises to appoint a Leader of the Opposition during the period between a dissolution of Parliament and the day on which the ensuing election of Representatives is held, an appointment may be made as if Parliament had not been dissolved.
(4) The office of Leader of the Opposition shall become vacant -­
  (a) if he ceases to be a member of the House of Assembly otherwise than by reason of a dissolution of Parliament;
  (b) if, when the House of Assembly first meets after a dissolution of Parliament, he is not then a Representative;
  (c) if, by virtue of article 45(4), he is required to cease to perform his functions as a member of the House of Assembly; or
  (d) if he is removed from office by the Governor-General under paragraph (5).
(5) If it appears to the Governor-General that the Leader of the Opposition
  (a) is no longer able to command the support of a majority of the Representatives who do not support the Government or (if no Representative appears to him to be able to command such support) the support of the largest single group of Representatives who do not support the Government; or
   (b) the person so appointed has ceased to exercise the functions of his office, he shall remove the Leader of the Opposition from office.
(6) The powers of .the Governor-General under this article shall be exercised by him in his own deliberate judgement.
(7) A person shall not enter upon the duties or exercise the functions of Leader of the Opposition until he has taken and subscribed the oath of allegiance and the oath of office.

Oaths:

78.
A Minister or a Minister of State 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.

Permanent Secretaries:

79.
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:

80.
(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 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.

Director of Public Prosecutions:

81. -
(1) The office of Director of Public Prosecutions is hereby constituted as a public office.
(2) A person shall not be qualified to hold or act in the office of Director of Public Prosecutions unless he has been qualified for appointment as a Judge of the High Court or has held the qualifications entitling him to admission to practice law in Nevis for at least 5 years.
(3) The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do -­
  (a) to institute and undertake criminal proceedings against any person before any court in respect of any offence against the law of Nevis;
  (b) to take over and continue any such criminal proceedings that may have been instituted by any person or authority; and
  (c) to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
(4) The powers conferred upon the Director of Public Prosecutions by paragraphs (3)(b) and (c) shall be vested in him to the exclusion of any other person or authority: Provided that where any other person or authority has instituted criminal proceedings, nothing in this paragraph shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the Court.
(5) In the exercise of the powers conferred upon him by this article the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority: Provided that a Judge of the High Court may give leave to a person with sufficient interest to continue the prosecution of criminal proceedings despite the decision of the Director of Public Prosecutions to discontinue such proceedings.
(6) For the purposes of paragraphs (4) and (5), any appeal from any determination in any criminal proceedings before any Court, or any case stated or question oflaw reserved for the purposes of any such proceedings, to any other Court in Nevis or to the Judicial Committee of Her Majesty's Privy Council shall be deemed to be part of the proceedings.
(7) The powers of the Director of Public Prosecutions under this article may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.

Prerogative of Mercy:

82.-
(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 article 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:

83.-
(1) There shall be for Nevis an Advisory Committee on the Prerogative of Mercy (hereinafter in this article and article 84 referred to as the Committee) which shall consist of­
  (a) the Minister for the time being designated under article 82(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 paragraph (l)(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.
(3) The Committee may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.
(4) The Committee may regulate its own procedure.
(5) In the exercise of his functions under this article, the Governor-General shall act in accordance with the advice of the Prime Minister.

Functions of Committee:

84.-
 (1) Where any person has been sentenced to death for a criminal offence under any law, the Minister for the time being designated under article 82(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 Committee; and after obtaining the advice of the Committee he shall decide in his own deliberate judgement whether to advise the Governor-General to exercise any of his powers under article 82(1).
(2) The Minister for the time being designated under article 82(2) may consult with the Committee before tendering any advice to the Governor­ General under that paragraph in any case not falling within paragraph (1) of this article but he shall not be obliged to act in accordance with the recommendation of the Committee.

CHAPTER VII
FINANCE
Consolidated Fund:
85.
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.

Withdrawals from Consolidated and other public funds:

86.-
(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 enacted by Parliament; or
  (b) where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of article 89.
(2) Where any moneys are charged by this Constitution or any law enacted by Parliament upon the Consolidated Fund or any other public fund of the Government, they shall be paid out of that fund by the Government to the person or authority to whom payment is due.
(3) No moneys shall be withdrawn from any public fund of the Government other than the Consolidated Fund unless the issue of those moneys has been authorised by or under any law.
(4) There shall be such provision as may be made by Parliament prescribing the manner in which withdrawals may be made from the Consolidated Fund or any other public fund of the Government.
(5) The investment of moneys forming part of the Consolidated Fund shall be made in such manner as may be prescribed by or under a law enacted by Parliament.
(6) Notwithstanding paragraph (1), provision may be made by or under a law enacted by Parliament authorising withdrawals to be made from the Consolidated Fund, in such circumstances and to such extent as may be prescribed by or under a law enacted by Parliament, for the purpose of making repayable advances.

Authorisation of expenditure from Consolidated Fund by the appropriation law:

87.-
(1) The Minister for the time being responsible for finance shall cause to be prepared and laid before the House of 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.
(2) When the estimates of expenditure (other than expenditure charged upon the Consolidated Fund by this Constitution or by any law enacted by Parliament) have been approved by the House of Assembly, a Bill, known as an appropriation Bill, shall be introduced in the Assembly providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several services required, to the purposes specified therein.
(3) If in respect of any financial year it is found -­
  (a) that the amount appropriated by the appropriation law to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that law; or
  (b) that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose by the appropriation law or for a purpose to which no amount has been appropriated by that law, a supplementary estimate showing the sums required or spent shall be laid before the House of 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:
88.
There shall be such provision 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 authorise 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.

Warrants for unfore­seen expenditure:

89.-
(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 exists for that expenditure in any appropriation law or other law; and
  (c) it would not be in the public interest to delay the authorisation of that expenditure until such time as a supplementary estimate can be laid before the House of Assembly, the Minister may, by special warrant, authorise the issue from the Consolidated Fund of the monies required to meet that expenditure:
Provided that the total sum for the time being authorised to be issued under this paragraph, for which no provision 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 authorised by special warrant under paragraph (1), the Minister for the time being responsible for finance shall cause a supplementary estimate relating to that expenditure to be laid before the House of 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 authorised to be spent and appropriating them to the purposes specified therein.

Remuneration of certain officers:

90.-
(1) There shall be paid to the holders of the offices to which this article applies such salaries and such allowances as may be prescribed by or under a law enacted by Parliament.
(2) The salaries and allowances prescribed under paragraph (1) shall be a charge on the Consolidated Fund.
(3) The salary prescribed under paragraph (1) in respect of the holder of an office and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect o( his service in that office) shall not be altered to his disadvantage after his appointment.
(4) When a person's salary or other terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes. of paragraph (3), be deemed to be more advantageous to him than any others for which he might have opted.
(5) This article applies to the offices of the Governor-General, member of the Public Service Commission, member of the Public Service Board of Appeal, the Director of Public Prosecutions and the Director of Audit.
(6) Nothing in this article shall be construed as affecting article 102 of this Constitution (which protects pensions rights in respect of service as a public officer).

Public debt:

91.-
(1) All debt charges for which the Government is liable shall be a charge on the Consolidated Fund.

(2) For the purposes of this article debt charges include interest, sinking fund charges, the repayment or amortisation of debt and 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:

92.-
(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 account of the Government, the accounts of all officers and authorities of the Government, the accounts of all courts of law in Nevis (including any accounts of the High Court maintained in Nevis), the accounts of every Commission and Board established by this Constitution and the accounts of the Clerk of the House of Assembly.
(3) The Director of Audit and any officer authorised by him shall have access to all books, records, returns, reports and other documents that in his opinion relate to any of the accounts referred to in paragraph (2).
(4) The Director of Audit shall submit every report made by him in pursuance of paragraph (2) to the Minister for the time being responsible for finance who shall, not later than seven days after the House of Assembly first meets after he has received the report, lay it before the Assembly.
(5) If the Minister fails to lay a report before the House of Assembly in accordance with paragraph (4), the Director of Audit shall transmit copies of the report to the Speaker who shall, as soon as practicable, present them to the Assembly.
(6) The Director of Audit shall exercise such other functions in relation to the accounts of the Government or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by Parliament.
(7) In the exercise of his functions under paragraphs (2), (3), (4) and (5), the Director of Audit shall not be subject to the direction or control of any other person or authority.

CHAPTER VIII

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THE PUBLIC SERVICE
PART I
The Public Service Commission

Public Service Commission:
93.-
(1) There shall be a Public Service Commission for Nevis (hereinafter in this article 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 by the Governor-General acting in accordance the advice of the Prime Minister after consultation with the Leader of the Opposition.
(2) A person shall not be qualified to be appointed as a member of the Commission -­
  (a) unless he is a Commonwealth citizen ordinarily resident in Nevis; or
  (b) if he is a member of the House of Assembly or a public officer.
(3) Subject to the provisions of this article, the office of a member of the Commission shall become vacant -­
  (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 his 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 paragraph (2).
(4) The provisions of article 114 (which relate to removal from office and suspension) apply to the office of a member of the Commission and the prescribed authority for the purposes of that article shall be the Prime Minister.
(5) If the office of Chairman of the Commission is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such other member of the Commission as may for the time being be designated by the Govcrnor­ General, acting in accordance with the advice of the Prime Minister.
(6) I f at any time there are less than two members of the Commission beside the Chairman or if any such member is acting as Chairman or is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to paragraph (4), continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General, acting in accordance with the advice of the Prime Minister.
(7) A member of the Commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the oath of office.
(8) The Commission shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.
(9) The Commission may by regulation or otherwise regulate its own procedure, and, with the consent of the Prime Minister, may 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.
(10) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings: Provided that any decision of the Commission shall require the concurrence of a majority of all its members.

Appointments etc. of public officers:

94.-
(1) Subject to article 101, 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 article referred to as the Commission).
(2) The Governor-General, acting in accordance with the recommendation of the Commission, may, by directions in writing and subject to such conditions as he thinks fit, delegate any of his powers under paragraph (1) to anyone or more members of the Commission or, with the consent of the Prime Minister, to any public officer or in the case of the Police Force, to the Commissioner of Police or any other police officer.
(3) The provisions of this article shall not apply in relation to the following offices, that is to say -­
  (a) any office to which article 95 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 article 99 applies.
(4) No person shall be appointed under this article to or to act in any office on the Governor-General's personal staff except with the concurrence of the Governor-General, acting in his own deliberate judgement.
(5) Before the Commission makes any recommendation in relation to the Clerk of the House of Assembly or a member of his staff for the purposes of paragraph (1) or (2) and before any other person exercises in relation to the Clerk of the Assembly or a member of his staff any power delegated to him under paragraph (2), the Commission or that person shall consult the Speaker. .
(6) Before the Commission makes any recommendation to the Governor ­General under paragraph (1), or any other person exercises any power delegated to him under paragraph (2), to appoint to hold or act in any public office any person who is in the public service of the Government of any other country or territory, the Commission or that person shall consult the Prime Minister.
(7) Before the Commission makes any recommendation to the Governor ­General under paragraph (1), or any other person exercises any power delegated to him under paragraph (2), to appoint to or to act in any public office any person who holds or is acting in any office to which article 99 of this Constitution applies, the Commission or that person shall consult the Judicial and Legal Services Commission.
(8) A public officer shall not be removed from office or subjected to any other punishment under this article on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the Judicial and Legal Services Commission concurs therein.

PART 2
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Appointment to particular offices
Appointment of certain senior officers:

95. -
(1) This article applies to the offices of -­
  (a) Secretary to the Cabinet;
  (b) permanent secretary of a department of the Government;
  (c) head or deputy head of a department of the Government;
  (d) 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; any office for the time being designated by the Commission, after consultation with the Prime Minister, as an office the holders of which are required to reside outside Nevis or whose functions relate to external affairs;
  (e) the Commissioner of Police and the Deputy Commissioner of Police.
(2) The power to appoint persons to hold or to act in offices to which this article applies (including the power to confirm appointments), and subject to article 101, 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 article 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 Nevis in any other country or accredited to any international organisation 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 article 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, or the department of the Clerk of the House of Assembly.

Attorney-General when a public officer:

96.-
(1) This article shall have effect at any time when the office of Attorney-­General is a public office.
(2) The power to appoint a person to hold or act in the office of Attorney-­General shall vest in the Governor-General, acting in accordance with the recommendation of the Prime Minister after consultation with the Public Service Commission and the Judicial and Legal Services Commission.
(3) The power to exercise disciplinary control over and remove from office a person holding or acting in the office of Attorney-General shall vest in the Governor-General, acting in accordance with the recommendation of the Judicial and Legal, Service Commission: Provided that before. the Judicial and Legal Services Commission makes any recommendation under this paragraph it shall consult the Public Service Commission.

Director of Public Prosecutions:

97.-
(1) Appointment to, or to act in, the office of Director of Public Prosecutions, or of a person to exercise the functions of that office, shall be made by the Governor-General on the recommendation of the Judicial and Legal Services Commission.
(2) Appointment to the office of Director of Public Prosecutions, or to exercise the functions of that office, shall be on such terms as are approved by Parliament after considering the recommendations of the Judicial and Legal Services Commission, and may include appointment for a term of years or on a part-time basis.
(3) A person appointed to, or to act in or exercise the functions of, the office of Director of Public Prosecutions shall, cease so to hold or act in that office or to exercise those functions, as the case may be -­
  (a) if he was appointed to act in that office, once 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) on the expiration of the period specified as the term of his appointment, unless he has been reappointed in accordance with this Constitution; or
  (c) if he resigns;
  (d) if, having been appointed for an indefinite period, he attains the age of 60 years or such other age, as may be prescribed as part of his conditions of service;
 (e) if he is removed from office for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.
(4) The provisions of article 114 (which relate to removal from office and suspension) apply to the office of Director of Public Prosecutions and both the Prime Minister and the Chairman of the Judicial and Legal Services Commission may exercise the functions of prescribed authority for the purposes of that article.

Director of Audit:

98.-
(1) The Director of Audit shall be appointed by the Governor-General, acting in accordance with the recommendation of the Public Service Commission.
(2) If the office of Director of Audit is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the Governor­ General acting in accordance with the recommendation of the Public Service Commission, may appoint a person to act as Director.
(3) Before making any recommendation for the purposes of paragraph (1) or (2), the Public Service Commission shall ,consult the Prime Minister.
(4) A person appointed to act in the office of Director of Audit shall, subject to paragraphs (5) and (6), cease to act-­
  (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.
(5) Subject to paragraph (6), the Director of Audit shall vacate his office when he attains the age of sixty or such other age as may be prescribed by Parliament:
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 Audit, shall not have effect in relation to that person unless he consents that it should have effect.
(6) The provisions of article 114 (which relate to removal from office and suspension) apply to the office of Director of Audit and both the Prime Minister and the Chairman of the Public Services Commission may exercise the functions of prescribed authority for the purposes of that article.

Appointment etc. of magistrates, registrars and legal officers:

99.-
(1) This article applies to the offices of magistrate, registrar of the High Court and assistant registrar 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 Public Prosecutions (other than the office of Director) for appointment to which persons are required to hold one or other of the specified qualifications.
(2) The power to appoint persons to hold or act in offices to which this article applies (including the power to confirm appointments) shall vest in the Governor-General, acting in accordance with the recommendation of the Public Service Commission: Provided that before making any recommendation as to the exercise of the powers conferred by this article in any case the Public Service Commission shall consult the Ju4.icial and Legal Services Commission.
(3) The power to exercise disciplinary control over persons holding or acting in offices to which this article applies and the power to remove such persons from office shall vest in the Governor-General, acting in accordance with the recommendation of the Judicial and Legal Services Commission: Provided that before making any recommendation as to the exercise of the powers conferred by this paragraph in any case the Judicial and Legal Services Commission shall consult the Public Service Commission.

PART 3
The Public Service Board of Appeal
Public Service Board of Appeal:
100. -
(1) There shall be for Nevis a Public Service Board of Appeal (hereinafter in this article referred to as the Board) which shall consist of:­
   (a) a Chairman, appointed by the Governor-General;
   (b) two members appointed by the Governor-General acting in accordance with the advice of the Prime Minister after the Prime Minister has consulted the Leader of the Opposition.
(2) A person shall not be qualified for appointment as a member of the Board if he is a member of the House of Assembly.
(3) Subject to the provisions of this article, the office of a member of the Board shall become vacant -­
  (a) at the expiration of three years from the date of his appointment;
  (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 paragraph (2).
(4) The provisions of article 114 (which relate to removal from office and suspension) apply to the office of a member of the Board and-­
  (a) the Governor-General, in the case of the chairman; or
  (b) the Prime Minister in the case of any other member, shall be the prescribed authority for the purposes of that article.
(5) (a) If at any time any member of the Board is for any reason unable to exercise the functions of his office, the Governor-General may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall, subject to paragraph (4), continue to act until the holder of the office has resumed his functions or until his appointment to act has been revoked by the Governor-General.
  (b) Where the member of the Board unable to exercise the functions of his office was appointed under sub-paragraph (b) of paragraph (1), the Governor-General shall act in accordance with the advice of the Prime Minister.
(6) The Board shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.
(7) In the exercise of the powers conferred on him by this article the Governor-General shall, except where it is otherwise expressly provided, act in his own deliberate judgement.
Appeals to Public Service Board:
101.-
(1) This article applies to -­
  (a) any decision of the Governor-General, acting in accordance with the recommendation of the Public 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 of any person to whom powers are delegated under article 94(2) );
  (b) any decision of any person to whom powers are delegated under article 94(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).
(2) Subject to paragraph (5), an appeal shall lie to the Public Service Board of Appeal (hereinafter in this article referred to as the Board) from any decision to which this article applies at the instance of the public officer or member of the defence force in respect of whom the decision is made.
(3) Upon an appeal under this article the Board may affirm or set aside the decision appealed against or may make any other decision that the authority or person from whom the appeal lies could have made.
(4) Every decision of the Board shall require the concurrence of a majority of all its members.
(5) The Board may by regulation make provision for its own procedure and the procedure on appeals under this article and may, with the approval of the Governor-General, by regulation -­
  (a) except from the provisions of paragraph (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 4
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Pensions
Pensions laws and protection of pensions rights:
102. -
(1) The law to be applied with respect to any pension benefits that were granted to any person at any time before Independence Day 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 favourable to that person.
(2) The law to be applied with respect to any pensions benefits (not being benefits to which paragraph (1) applies) shall-­
   (a) in so far as those benefits are wholly in respect of a period of service as a public officer that commenced at any time before Independence Day be the 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 favourable to that person.
(3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall, for the purposes of this article, be deemed to be more favourable to him than the other law or laws.
(4) All pensions benefits shall (except to the extent they are charged by law upon and duly paid out of some other fund) be a charge on the Consolidated Fund.
(5) In this article "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as members of the Assembly, judges or officers of the Supreme Court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service.
(6) References in this article to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits.

Power to withhold pensions etc:
103. -
(1) Where under any law any person or authority has a discretion-­
  (a) to decide whether or not any pensions 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.
(2) Where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the Public Service Commission concurs in his being granted benefits of a smaller amount.
(3) The Public Service Commission shall not concur under paragraph (1) or (2) in any action taken on the ground that any person who holds or has held the office of judge of the Court of Appeal, judge of the High Court, Director of Public Prosecutions or Director of Audit has been guilty of misbehaviour in that office unless he has been removed from that office by reason of such misbehaviour.
(4) Before the Public Service Commission concurs under paragraph (1) or (2) in any action taken on the ground that any person who holds or has held any office to which, at the time of such action, article 99 of this Constitution applies has been guilty of misbehaviour in that office, the Public Service Commission shall consult the Judicial and Legal Services Commission.
(5) In this article "pensions benefits" means any pensions, compensation, gratuities or, other like allowances for persons in respect of their service as judges or officers of the Supreme Court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service.

CHAPTER IX
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JUDICIAL PROVISIONS
The Supreme Court:
104.
The High Court and the Court of Appeal for Nevis are the Courts established by the Supreme Court Order and those courts shall have such jurisdiction and powers as may be conferred by this Constitution and any other law of Nevis.

Original jurisdiction of High Court in constitutional questions:

105.-
(1) Subject to articles 36(2), 53(10)(b) and 111(2), any person who alleges that any provision of this Constitution (other than a provision of Chapter III) 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 article.
(2) The High Court shall have jurisdiction on an application made under this article to determine whether any provision of this Constitution has been or is being contravened and to make a declaration accordingly.
(3) Where the High Court makes a declaration under this article that a provision of this Constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the High Court may grant to that person such remedy as it considers appropriate being a remedy available generally under any law in proceedings in the High Court.
(4) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on the Court by or under this article, including provisions with respect to the time within which any application under this article may be made.
(5) A person shall be regarded as having a relevant interest for the purpose of an application under this article only if the contravention of this Constitution alleged by him is such as to affect his interests.
(6) The rights conferred on a person by this article to apply for a declaration and relief in respect of an alleged contravention of this Constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any law.
(7) Nothing in this article shall confer jurisdiction on the High Court to hear or determine any such question as is referred to in article 51.

Reference of constitu­tional questions to High Court:
106..-
(1) Where any question as to the interpretation of this Constitution arises in any Court of law established for Nevis (other than the Court of Appeal or the High Court) 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 article, 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 an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.

Appeals to Court of Appeal:

107.
Subject to article 51 an appeal shall lie from decisions of the Court High 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 decisions given in exercise of the jurisdiction conferred on the High Court by articles 15 to 29 (which relate to the enforcement of the fundamental rights and freedoms); and
   (c) such other cases as may be prescribed by Parliament.

Appeals to Her Majesty in Council:

108.-
(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 decisions 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; and
   (d) such other cases as may be prescribed by Parliament.
(2) Subject to article 51, 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.
(3) An appeal shall lie to Her Majesty in Council with the special leave of Her Majesty from any decision of the Court of Appeal in any civil or criminal matter.
(4) Reference in this article to decisions of the Court of Appeal shall be construed as references to decisions of the Court of Appeal in exercise of the jurisdiction conferred upon that Court by this Constitution or any other law.
(5) In this article the prescribed value means the value of twenty thousand dollars or such other value as may be prescribed by Parliament.

CHAPTER X
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PARLIAMENTARY COMMISSI0NER
Parliamentary Commissioner:
109.-
(1) There shall be a Parliamentary Commissioner for Nevis (hereinafter in this and the next following article referred to as the Commissioner) who shall be an officer of Parliament.
(2) Subject to this article, Parliament shall prescribe the qualifications and disqualification for appointment as Commissioner and the terms of appointment of a Commissioner.
(3) The Commissioner shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, given after consultation with the Leader of the Opposition.
(4) The provisions of article 114 (which relates to removal from office and suspension) shall apply to the office of Parliamentary Commissioner and the prescribed authority for the purposes of that article shall be the Prime Minister acting after consultation with the Leader of the Opposition.
(5) The Commissioner shall vacate his office -­
   (a) at the expiration of the term for which he was appointed;
   (b) if any circumstances arise which would cause him to be disqualified for appointment;
(c) if he is removed from office in accordance with article 114.

Functions of Parliamentary Commissioner:

110.-
(1) The Commissioner shall enquire into allegations of maladministration or misconduct by any person in the exercise of a public office or public authority as provided in an Act of Parliament made for the purposes of this article and report thereon to Parliament.
(2) An Act of Parliament for the purposes of this article -­
   (a) shall prescribe the public offices and public authorities in respect of which the Commissioner may exercise his functions;
   (b) may exclude specified public offices or public authorities from the jurisdiction of the Commissioner;
   (c) shall prescribe the circumstances in which and the manner in which allegations of maladministration or misconduct may be made to the Commissioner;
  (d) shall prescribe the powers of the Commissioner in the exercise of his enquiries, including the power to summon witnesses and examine them on oath or affirmation;
   (e) make such other provision as is appropriate or convenient for the exercise of the Commissioner's functions.

CHAPTER XI
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MISCELLANEOUS
Functions of Governor-General:
111.-
(1) Any reference in this Constitution to the functions of the Governor ­General shall be construed as a reference to his powers and duties in the exercise of the executive authority of Nevis and to any other powers and duties conferred or imposed on him as Governor-General by or under this Constitution or any other law.
(2) Where by this Constitution the Governor-General is required to perform any function in his own deliberate judgement or in accordance with the advice or recommendation of, or after consultation with, any person or authority, the question whether the Governor-General has so exercised that function shall not be enquired into in any Court.

Resignations:

112.-
(1) A Representative or a Senator may resign his seat by writing under his hand addressed to the Speaker and the resignation shall take effect, and the seat shall accordingly become vacant, when the writing is received, as the case may be, by -­
(a) the Speaker, or
(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 Clerk of the Assembly.
(2) The Speaker may resign his office by writing under his hand addressed to the Assembly and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the Clerk of the Assembly. .
(3) Any person who has been appointed to an office established by this Constitution (other than an office to which paragraph (1) or (2) applies) or any office of Minister or Minister of State established under this Constitution may resign that office by writing under his hand addressed to the person or authority by whom he was appointed and the resignation shall take effect, and the office shall accordingly become vacant -­
  (a) at such time or on such date (if any) as may be specified in the writing; or
  (b) when the writing is received by the person or authority to whom it is addressed, or by such person as may be authorised to receive it, whichever is the later:
Provided that the resignation may be withdrawn before it takes effect if the person or authority to whom the resignation is addressed consents to its withdrawal.

Re-appointment and concurrent appointments:

113.-
(1) Where any person has vacated any office established by this Constitution or any office of Minister or Minister of State 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 vests in any person or authority the power to make any appointment to any office other than that of Senator, Minister, Minister of State, or Leader of the Opposition, a person may be appointed to that office, notwithstanding that some other person may be holding 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 paragraph, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office.

Removal from office:

114.-
(1) Where it is provided in this Constitution that this article shall apply to any office, a person holding such office (in this article referred to as "the officer") shall not be removed therefrom or suspended from the exercise of the functions thereof except in accordance with the provisions of this article; and the prescribed authority for the purposes of paragraph (4) or paragraph (6) shall, in relation to any office, be the authority prescribed for that purpose by the provision of this Constitution by which this article is applied to that office.
(2) The officer may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and in accordance with the provisions of this article.
(3) The officer shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under this article and the tribunal has advised the Governor­ General that the officer ought to be removed from office for inability as aforesaid or for misbehaviour.
(4) If the prescribed authority advises the Governor-General that the question of removing the officer from office under this article ought to be investigated, then -­
    (a) the Governor-General shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the
Governor-General acting in accordance with the advice of 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 any such Court or have been entitled to practise in Nevis as barristers for not less than ten years; and
   (b) that tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether the officer ought to be removed from office for inability as aforesaid or for misbehaviour.
(5) The provisions of the Third Schedule shall apply to tribunals appointed under this article.
(6) If the question of removing the officer from office has been referred to a tribunal under this article, the Governor-General, acting in accordance with the advice of the prescribed authority, may suspend the officer from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General, acting as aforesaid, and shall in any case cease to have effect if the tribunal advises the Governor-General that the officer should not be removed from office.
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Interpretation:

115.-
(1) In this Constitution, unless the context otherwise requires -­
"Assembly" means the House of Assembly;
"CARICOM citizen" has such meaning as Parliament may prescribe;
"child", in relation to any other person, means a person of whom that other person is a parent;
"citizen" means a citizen of Nevis and
"citizenship" shall be construed accordingly;
"defence force" means a naval, military or air force;
"dollars" means dollars in the currency of Nevis;
"financial year" means any period of twelve months beginning on 1st April in any year or such other date as may be prescribed by any law enacted by Parliament;
"the Gazette" means the official Gazette of Nevis;
"the Government" means Her Majesty's Government of Nevis;
"Independence Day" means the day prescribed as Independence Day by proclamation under the Nevis Secession Ordinance, 2003;
"law" means any law in force in Nevis or any part thereof, including any instrument having the force of law and any unwritten rule of law and "lawful" and "lawfully" shall be construed accordingly;
"Leader of the Opposition" means the Leader of the Opposition in the Assembly;
"legal practitioner" means a person entitled to be in or to enter Nevis and entitled to practise as a barrister in Nevis or, except in relation to proceedings before a Court in which a solicitor has no right of audience, so entitled to practise as a solicitor;
"the legislature" means Parliament:
"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 recognised 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 Nevis;
"oath" includes affirmation;
"oath of allegiance" means the oath of allegiance set out in the Second Schedule;
"oath of office" means, in relation to any office, the oath for the due execution of that office set out in the Second Schedule;
"oath of secrecy" means the oath of secrecy set out in the Second Schedule;
"the Police Force" means the 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 publication is not reasonably practicable, published in 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 article, the service in a civil capacity of the Crown in right of the Government;
"Representative" means a person elected a member of the Assembly in accordance with Chapter V;
"Senator" means a person appointed a senator under Chapter V;
"session" means the period beginning when the Assembly first meets after Parliament has at any time been prorogued or dissolved and ending when Parliament is prorogued or when Parliament is dissolved without having been prorogued;
"sitting" means the period during which the Assembly is sitting continuously without adjournment and includes any period during which it is in committee;
Assembly;
"Supreme Court Order" means the Supreme Court Order originally made as the West Indies Associated States Supreme Court Order 1967, as in force in Nevis immediately before Independence Day;
(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, the Prime Minister or any other Minister, a Minister of State or a member of the Assembly;
   (b) references to the office of Attorney-General when that office is not held as a public office;
   (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 the Public Service Board of Appeal;
   (d) references to the office of judge or officer of the High Court;
  (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 or not) established by or under any law.
(3) In this Constitution -­
  (a) references to this Constitution, the Supreme Court Order, or any provision thereof, include, unless otherwise provided, references to any law altering this Constitution or that Order, 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 of Appeal and, unless the context otherwise requires, include references to a judge ofthe 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.
(4) Where by this Constitution the Governor-General or any other person is required to perform any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the recommendation of that person or authority.
(5) In this Constitution "the specified qualifications" means the professional qualifications specified by or under any law, one of which must be held by any person before he may apply under that law to be admitted to practice as a barrister or a solicitor in Nevis.
(6) For the purposes of this Constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance.
(7) In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorised to exercise the functions of that office.
(8) Except in the case where this Constitution provides for the holder of any office thereunder to be such person holding or acting in any other office as may be for the time being be designated in that behalf by some other specified person or authority, no person may, without his consent, be nominated for election to any such office or be appointed to or to act therein or otherwise be selected therefor.
(9) References in this Constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service:

Provided that -­
  (a) nothing in this paragraph 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, vest in the Public Service Commission.
(10) Any provision in this Constitution that vests in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified by or under that law.
(11) Where this Constitution vests in any person or authority the power to appoint any person to act in, or to exercise the functions of, any office if the holder thereof is himself unable to exercise those functions, no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions.
(12) No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this Constitution shall be construed as precluding a Court from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this Constitution or any other law.
(13) Where any power is conferred by this Constitution to make any proclamation, regulation or rule or give any direction or make any designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such proclamation, regulation, rule, direction or designation.
(14) Any reference in this Constitution to a law made before Independence Day shall, unless the context otherwise requires, be construed as a reference to that law as it had effect immediately before that date.
(15) In this Constitution references to altering this Constitution or any other law, or any provision thereof, include references -­
   (a) to revoking it with or without re-enactment thereof or the making of different provisions in lieu thereof;
  (b) to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise;
  (c) to suspending its operation for any period or terminating any such suspension.
(16) In this Constitution any reference to land or buildings vested in the Crown includes a reference to any land or buildings vested in any person or authority in trust for, or otherwise on behalf of, the Crown.
(17) In this Constitution, references to words in the masculine gender shall, unless the context otherwise requires, include references to the feminine gender.

Article 48(1)
FIRST SCHEDULE

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RULES FOR DELIMITATION OF CONSTITUENCIES

1. There shall be not less than five constituencies in the island of Nevis.
2. All constituencies shall contain as nearly equal numbers of inhabitants as appears to the Electoral and Boundaries Commission to be reasonably practicable but the Commission may depart from this rule to such extent as it considers expedient to take account of the following factors, that is to say -­
  (a) the requirements of rule 1 and the differences in the density of the population in Nevis;
  (b) the need to ensure adequate representation of sparsely populated rural areas;
  (c) the means of communication;
  (d) geographical features; and
  (e) existing administrative boundaries.

Article 115(1)
SECOND SCHEDULE
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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 honour, uphold and preserve the Constitution of Nevis and the law, that I will conscientiously, 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 ill-will.
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 counsel, advice, 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 Nevis, directly or indirectly reveal the business or proceedings of the Cabinet or any matter coming to my knowledge as a member of (or Secretary to) the Cabinet.
So help me God. (To be omitted in affirmation).
Article 114 (5)
THIRD SCHEDULE
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PROVISIONS RELATING TO CERTAIN TRIBUNALS
1. If a member of the tribunal dies or resigns from his office or becomes unable to perform the functions thereof, another person qualified to be appointed as a member of the tribunal may be so appointed in his place.
2. The Governor-General may appoint a secretary to the tribunal to record the proceedings of the tribunal and generally to perform such duties connected with the enquiry as the tribunal may direct.
3. If the members of the tribunal are equally divided on any question that arises during the proceedings of the tribunal, the chairman of the tribunal shall have and exercise a casting vote.
4. The tribunal may regulate its own procedure and may make rules for this purpose.
5. No member of the tribunal shall be liable to any action or suit for anything done by him as a member of the tribunal.
6. The tribunal shall have the powers of the High Court to summon witnesses, to call for the production of documents and to examine persons appearing before it on oath. All summonses for the attendance of witnesses or the production of documents shall be signed by one of the members of the tribunal, and oaths may be administered by one of the members or by the secretary to the tribunal.
7..
 (1) All persons summoned to attend and give evidence or to produce documents at any sitting of the tribunal shall be bound to obey the summons served upon them as fully in all respects as witnesses are bound to obey subpoenas issued from the Supreme Court, and shall be entitled to the like expenses as if they had been summoned at the instance of the Crown to attend the High Court on a criminal trial, if the same shall be allowed by the tribunal, but the tribunal may disallow the whole or any part of such expenses in any case if it thinks fit. The procedure for the payment of such witnesses shall be the same as nearly as may be for the payment of witnesses in the High Court.
(2) Every person refusing or omitting, without sufficient cause, to attend at the time and place mentioned in the summons served on him, and every person attending, but leaving the enquiry without the permission of the tribunal, or refusing without sufficient cause to answer, or to answer fully and satisfactorily to the best of his knowledge and belief, all questions put to him by or with the concurrence of the tribunal, or refusing or omitting without sufficient cause to produce any documents in his possession or under his control and mentioned or referred to in the summons served on him, and every person who shall at any sitting of the tribunal wilfully insult any member of the tribunal or the secretary or wilfully interrupt the proceedings of the tribunal shall be liable to a penalty not exceeding five hundred dollars to be recovered in a summary manner before any Magistrate.
(3) A person giving evidence before the tribunal shall not be compellable to criminate himself, and every such person shall, in respect of any evidence given by him before the tribunal, be entitled to all privileges to which a witness giving evidence before the High Court is entitled in respect of evidence given by him before that Court.
8. The person to whom the enquiry relates shall be entitled to be represented at the enquiry by a person entitled to practise in Nevis as a barrister or solicitor, and any other person concerned in the enquiry may, by leave of the tribunal, be so represented.
9. The Governor-General may direct the Commissioner of Police to detail constables to attend upon the tribunal to preserve order during the proceedings of the tribunal, and to serve summonses on witnesses, and to perform such ministerial duties as the tribunal may direct.
10.
(1) The Governor-General may direct
    (a) what remuneration, if any, shall be paid to the members of the tribunal and to the secretary and to any other persons employed in connection with the    proceedings of the tribunal; and
    (b) payment of any other expenses attendant upon the carrying out of the enquiry or upon any proceedings for any penalty under this Schedule.
 (2) Any sums directed to be paid under the preceding sub-paragraph are hereby charged on the Consolidated Fund. .

11. No proceeding shall be commenced for any penalty under this Schedule except by the direction of the Director of Public Prosecutions or of the tribunal. The tribunal may direct their secretary, or such other person as they may think fit, to commence and prosecute the proceedings for any such penalty.