Antigua and Barbuda 1981 Constitution - Page 11 of 12

Table of Contents

CHAPTER X. MISCELLANEOUS

123. Local government

There shall be a Council for Barbuda which shall be the principal organ of local government in that island.
The Council shall have such membership and functions as Parliament may prescribe.
Parliament may alter any of the provisions of the Barbuda Local Government Act, 1976, specified in schedule 2 to this Constitution (which provisions are in this section referred to as “the said provisions”) in the manner specified in the following provisions of this section and in no other manner whatsoever.
A bill to alter any of the said provisions shall not be regarded as being passed by the House unless after its final reading in that House the bill is referred to the Barbuda Council by the Clerk of the House and the Barbuda Council gives its consent to the bill by resolution of the Council, notice of which shall forthwith be given by the Council to the Clerk of the House.
An amendment made by the Senate to such a bill as is referred to in subsection (4) of this section which bill has been passed by the House and consented to by the Barbuda Council shall not be regarded as being agreed to by the House for the purpose of section 55 of this Constitution unless the Barbuda Council signifies to the Clerk of the House the consent by resolution of the Barbuda Council to that amendment.
For the purpose of section 55(4) of this Constitution, an amendment of a bill to alter any of the said provisions shall not be suggested to the Senate by the House unless the Barbuda Council signifies to the Clerk of the House the consent by resolution of the Barbuda Council for the House so to suggest the amendment.

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A bill to alter any of the said provisions shall not be submitted to the Governor-General for his assent unless it is accompanied by a certificate under the hand of the Speaker (or, if the Speaker is for any reason unable to exercise the functions of his office, the Deputy Speaker) that the provisions of subsection (4), (5) or (6), as the case may be, of this section have been complied with.
The certificate of the Speaker or, as the case may be, the Deputy Speaker, under this subsection shall be conclusive that the provisions of subsection (4), (5) or (6), as the case may be, of this section have been complied with and shall not be enquired into in any court of law.

124. Certain questions not to be enquired into in any court

Where by this Constitution the Governor-General is required to perform any function in accordance with the advice of the Cabinet, the Prime Minister or any other Minister or the Leader of the Opposition or any other person, body or authority or after consultation with any person, body or authority, the question whether the Governor-General has received or acted in accordance with such advice, or whether such consultation has taken place, shall not be enquired into in any court of law.

125. Resignations

Any person who is appointed or elected to any office established by this Constitution may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed or elected:Provided that-
1. the resignation of a person from the office of President or Vice-President or from the office of Speaker or Deputy Speaker shall be addressed to the Senate or the House, as the case may be, and
2. the resignation of any person from membership of the Senate or the House shall be addressed to the President or the Speaker, as the case may be.
The resignation of any person from any such office as aforesaid shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or any person authorised by that person or authority to receive it.

126. Reappointments and concurrent appointments

Where any person has vacated any office established by this Constitution or any office of Minister established under this Constitution, he may, if qualified, again be appointed or elected to that office in accordance with the provisions of this Constitution.
Where this Constitution vests in any person or authority the power to make any appointment to any office, 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 that office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office.

127. Interpretation

In this Constitution, unless the context otherwise requires-
- “citizen” means a citizen of Antigua and Barbuda and “citizenship” shall be construed accordingly;
  “Commonwealth citizen” has such meaning as Parliament may by law prescribe;
  “dollars” means dollars in the currency of Antigua and Barbuda;
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  “financial year” means any period of twelve months beginning on 1st January in any year or such other date as Parliament may prescribe;
  
  “the Government” means the Government of Antigua and Barbuda;
  
  “the House” means the House of Representatives;
  
  “law” means any law in force in Antigua and Barbuda 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;
  
  “Minister” means a Minister of the Government;
  
  “oath” includes affirmation;
  
  “oath of allegiance” means the oath of allegiance set out in schedule 3 to this Constitution;
  
  “oath of office” means, in relation to any office, the oath for the due execution of that office set out in schedule 3 to this Constitution;
  
  “oath of secrecy” means the oath of secrecy set out in schedule 3 to this Constitution;
  
  “Parliament” means the Parliament of Antigua and Barbuda;
  
  “the Police Force” means the Police Force established by the Police Act [FN: Laws of Antigua, c. 187.] and includes any other police force established by or under a law enacted by Parliament to succeed to or to supplement the functions of the Police Force;
  
  “President” and “Vice-President” means the respective persons holding office as President and Vice-President of the Senate;
  
  “public office” means any office of emolument in the public service and includes an office of emolument in the Police Force;
  
  “public officer” means a person holding or acting in any public office and includes an officer or member of the Police Force;
  
  “the public service” means, subject to the provisions of this section, the service of the Crown in a civil capacity in respect of the government of Antigua and Barbuda;
  
  “session” means the period beginning when the Senate or the House first meets after any prorogation or dissolution of Parliament and ending when Parliament is prorogued or is dissolved without having been prorogued;
  
  “sitting” means in relation to either House of Parliament the period during which the House is sitting continuously without adjournment and includes any period during which it is in committee;
  
  “Speaker” and “Deputy Speaker” means the respective persons holding office as Speaker and Deputy Speaker of the House;
In this Constitution references to an office in the public service shall not be construed as including-
1. references to the office of President or Vice-President, Speaker or Deputy Speaker, Prime Minister or any other Minister, Parliamentary Secretary, member of either House of Parliament or the Ombudsman;
2. 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;
3. references to the office of a judge or officer of the Supreme Court;
4. save in so far as may be provided by Parliament, references to the office of a member of any council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law.
In this Constitution-
1. references to this Constitution, the Supreme Court Order, the British Nationality Act 1948 or the Barbuda Local Government Act, 1976, or any provision thereof, include references to any law altering this Constitution or that Order, Act or provision, as the case may be;
2. 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;
3. references to the Chief Justice have the same meaning as in the Supreme Court Order;
4. references to a judge of the Supreme Court are references to a judge of the High Court or the Court of Appeal and, unless the context otherwise requires, include references to a judge of the former Supreme Court of the Windward Islands and Leeward Islands; and
5. references to officers of the Supreme Court are references to the Chief Registrar and other officers of the Supreme Court appointed under the Supreme Court Order.
For the purpose 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 in respect of his former tenure of any office.
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.
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 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.
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-
1. nothing in this subsection shall be construed as conferring on any person or authority the power to require the Director of Public Prosecutions, the Director of Audit or the Supervisor of Elections to retire from the public service; and
2. 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.
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.
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.
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 of law 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.
Without prejudice to the provisions of section 14 of the Interpretation Act 1978 [FN: 1978 c. 30.] (as applied by subsection (16) of this section), where any power is conferred by this Constitution to make any order, 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 order, regulation, rule, direction, or designation.
Subject to the provisions of subsection 3(a) of this section any reference in this Constitution to a law made before 1st November 1981 shall, unless the context otherwise requires, be construed as a reference to that law as it had effect on 31st October 1981.
In this Constitution references to altering this Constitution or any other law, or any provision thereof, include references-
1. to revoking it with or without re-enactment thereof or the making of different provision in lieu thereof;
2. to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and
3. to suspending its operation for any period or terminating any such suspension.
In this Constitution, any reference to a time when Her Majesty is at war shall be construed as a reference to a time when Antigua and Barbuda is engaged in hostilities with another country.
In relation to all matters previous to 1st November 1981 references in this Constitution to Antigua or to Antigua and Barbuda shall in relation to the periods specified include (to such extent as the context may require) references as follows:-
1. to the associated state of Antigua as respects the period from 27th February 1967 to 31st October 1981;
2. to the colony of Antigua as respects the period from 1st July 1956 to 26th February 1967; and
3. to the presidency of Antigua comprised in the colony of the Leeward Islands as respects the period from 5th March 1872 to 30th June 1956.
The Interpretation Act 1978 shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of Parliament of the United Kingdom.