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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 amende