Saint Kitts and Nevis 1983 Constitution - Page 15 of 16

Table of Contents

SCHEDULE 6. TEXT OF PROVISIONS APPLIED WITH MODIFICATIONS

PART 1. Provisions applied by section 104(1)

Chapter IV. The Legislature)

Part 1. Composition of the Legislature)

27. Qualifications for elected and nominated members

Subject to section 28, a person shall be qualified to be elected or appointed as a member of the Assembly if, and shall not be so qualified unless, he is a citizen of the age of twenty-one years or upwards and he or one of his parents was born in Saint Christopher and Nevis and he is domiciled there at the date of his nomination for election or his appointment, as the case may be.

28. Disqualifications for elected and nominated members

A person shall not be qualified to be elected or appointed as a member if he
1. is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;
2. is a minister of religion;
3. is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law;
4. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law; or
5. 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 a 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.
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 members or the compilation of any register of voters for the purpose of electing Representatives or members.
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 members 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.
A person shall not be qualified to be elected as a member who is a nominated member; and a person shall not be qualified to be appointed as a nominated member who is, or is nominated for election as, an elected member or who has at any time since the Legislature was last dissolved stood as a candidate for election as a member without being so elected.
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 (whether specified individually or by reference to a class of office or appointment) other than the office of Representative, Senator, Minister or Parliamentary Secretary; (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 to any class of person that is comprised in any such force; (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.
In this section-
- “government contract” means any contract made with the Administration or with a department of the Administration or with an officer of the Administration contracting as such;
  “member” means a member of the Assembly;
  “minister of a religion” means any person in holy orders and any other person the principal functions of whose occupation include teaching or preaching in any congregation for religious worship.
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For the purposes of paragraph (e) of subsection (1)-
1. 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 any one of such sentences exceeds that term they shall be regarded as one sentence; and
2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

29. Election of members

Each of the electoral districts established in accordance with the provisions of section 50 shall return one member to the Assembly who shall be directly elected in such manner as may, subject to the provisions of this Constitution, be prescribed by or under any law enacted by Parliament.
Every Commonwealth citizen of the age of eighteen years or upwards who possesses such qualifications relating to residence in the island of Nevis or domicile in Saint Christopher and 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 members of the Assembly in one (but no more than one) electoral district in accordance with the provisions of any law in that behalf and no other person may be registered as such.
Every person who is registered under subsection (2) in any electoral district shall, unless he is disqualified by Parliament from voting in any election of Representatives or of members of the Assembly, be entitled to vote in that electoral district in accordance with the provisions of any law in that behalf and no other person may so vote.
In any election of members of the Assembly, the votes shall be given by ballot in such manner as not to disclose how any particular person votes.

31. Tenure of office of elected and nominated members

1. An elected or appointed member shall vacate his seat in the Assembly at the next dissolution of the Legislature after his election or appointment.
2. A member appointed in accordance with the provisions of subsection (2)(a) of section 101 shall vacate his seat in the Assembly if his appointment is revoked by the Governor-General, acting in accordance with the advice of the Leader of the Opposition, and a member appointed in accordance with the provisions of subsection (2)(b) of that section shall vacate his seat in the Assembly if his appointment is revoked by the Governor-General, acting in accordance with the advice of the Premier.
3. An elected or appointed member shall also vacate his seat in the Assembly-
  1. 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;
  2. if he ceases to be a citizen; or
  3. subject to subsection (4), if any other circumstances arise that, if he were not a member, would cause him to be disqualified to be elected or appointed as such by virtue of subsection (1) of section 28 or of any law enacted in pursuance of subsection (2), (3) or (5) of that section.

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1. If any such circumstances as are referred to in paragraph (c) of subsection (3) arise because any elected or appointed member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court of law or other authority or without such leave) he shall forthwith cease to perform his functions as a member but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter:Provided that the president of the Assembly may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the Assembly.
2. 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 or 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.
3. If at any time before the member vacates his seat such circumstances cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he may resume the performance of his functions as a member.
In this section “member” means member of the Assembly.

32. President

When the Assembly first meets after any general election and before it proceeds to the dispatch of any other business, it shall elect a person to be the president of the Assembly; and if the office of president falls vacant at any time before the next dissolution of the Legislature the Assembly shall, as soon as practicable, elect another person to that office.
The president of the Assembly may be elected from among the members of the Assembly who are not members of the Administration or from among persons who are not members of the Assembly but who are qualified for election as an elected member, or appointment as a nominated member, of the Assembly.
No business shall be transacted in the Assembly (other than the election of a president) at any time when the office of president of the Assembly is vacant.
A person shall vacate the office of president of the Assembly
1. in the case of a president elected from among the members of the Assembly
  1. if he ceases to be a member of the Assembly:Provided that he shall not vacate his office by reason only that he has ceased to be a member of the Assembly on a dissolution of the Legislature until the Assembly first meets after dissolution; or
  2. if he becomes a member of the Administration.
2. in the case of a president elected from among persons who are not members of the Assembly-
  1. when the Assembly first meets after any dissolution of the Legislature;
  2. if he ceases to be a citizen; or
  3. if any circumstances arise that would cause him to be disqualified for election as an elected member, or appointment as a nominated member, of the Assembly.

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If, by virtue of section 31(4), the president of the Assembly is required to cease to perform his functions as a member of the Assembly he shall also cease to perform his functions as president and those functions shall, until he vacates his seat in the Assembly or resumes the performance of the functions of his office, be performed by such member of the Assembly (not being a member of the Administration) as the Assembly may elect for the purpose.
If the president resumes the performance of his functions as a member of the Assembly, he shall also resume the performance of his functions as president.

34. Supervision of elections

The Supervisor of Elections shall exercise general supervision over the registration of voters in elections of members of the Assembly and over the conduct of such elections.
For the purposes of the exercise of his functions under subsection (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.
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 Electoral Commission on the exercise of his functions under subsection (1); he shall also submit every such report to the Minister for the time being responsible for matters relating to the election of members of the National Assembly; and that Minister shall, not later than seven days after the National Assembly first meets after he has received the report, lay it before that Assembly together with such comments thereon as he may have received from the Commission.
In the exercise of his functions under subsection (1), the Supervisor of Elections shall act in accordance with such directions as he may from time to time be given by the Electoral Commission but shall not be subject to the direction or control of any other person or authority.

35. Clerk of Assembly and his staff

There shall be a Clerk of the Nevis Island Assembly.
The office of the Clerk of the Nevis Island Assembly and the offices of the members of his staff shall be public offices.

36. Determination of questions of membership

The High Court shall have jurisdiction to hear and determine any question whether
1. any person has been validly elected as a member of the Assembly;
2. any person has been validly appointed as a member of the Assembly;
3. any person who has been elected as president of the Assembly from among persons who were not members of the Assembly was qualified to be so elected or has vacated the office of president; or
4. any member of the Assembly has vacated his seat or is required, by virtue of section 31(4), to cease to perform his functions as a member of the Assembly.
An application to the High Court for the determination of any question under subsection (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 who alleges that he was, a candidate at that election or by the Attorney-General and, if it 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.
An application to the High Court for the determination of any question under subsection (1)(b) or subsection (1)(c) may be made by any elected member of the Assembly or by the Attorney-General and, if it 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.
An application to the High Court for the determination of any question under subsection (1)(d) may be made
1. by any elected member of the Assembly or by the Attorney-General; or
2. in the case of the seat of an elected member of the Assembly, by any person registered in some electoral district as a voter in elections of members of the Assembly
and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear to be represented in the proceedings.
There shall be such provision as may be made by Parliament with respect to
1. 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 section; and
2. the powers, practice and procedure of the High Court in relation to any such application.
An appeal shall lie as of right to the Court of Appeal from any final decision of the High Court determining any such question as is referred to in subsection (1).
No appeal shall lie from any decision of the Court of Appeal in exercise of the jurisdiction conferred by subsection (6) and no appeal shall lie from any decision of the High Court in proceedings under this section other than a final decision determining any such question as is referred to in subsection (1).
In the exercise of his functions under this section, the Attorney-General shall not be subject to the direction or control of any other person or authority.

Part 2. Procedure in the Legislature)

39. Oath

Every member of the Assembly shall, before taking his seat in the Assembly, take and subscribe before the Assembly the oath of allegiance but a member may before taking that oath take part in the election of the president of the Assembly.
Any person elected to the office of president of the Assembly shall, if he has not already taken and subscribed the oath of allegiance under subsection (1), take and subscribe that oath before the Assembly before entering upon the duties of his office.

40. Presiding

There shall preside at any sitting of the Assembly-

the president of the Assembly; or
in the absence of the president, such member of the Assembly (not being a member of the Administration) as the Assembly may elect for that purpose.

41. Voting

Save as otherwise provided in section 113(2), any question proposed for decision in the Assembly shall be determined by a majority of the votes of the members present and voting:Provided that questions of no confidence in the Administration shall be determined by a majority of the votes of all the elected members of the Assembly.
Except in the case of a question of no confidence in the Administration, a question shall not be regarded as having been validly determined by a vote in the Assembly on occasions when the numbers of members voting are recorded unless not less than three fifths of all the members, or such greater number of members as the Legislature may prescribe, take part in the voting.
Subject to subsection (4), a person presiding in the Assembly shall not vote unless on any question the votes of the members are equally divided, in which case he shall have and exercise a casting vote:Provided that in the case of the question of the final reading of any such bill as is referred to in section 113(2) he shall, if he is an elected member of the Assembly, have an original vote but no casting vote.
A president of the Assembly 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 president is presiding, the votes of the members are equally divided, the motion shall be lost.

42. Mode of exercise of legislative power

The power of the Legislature to make laws shall be exercised by bills passed by the Assembly and assented to by the Governor-General.
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.
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.
No law made by the Legislature shall come into operation until it has been published in the Gazette but the Legislature may postpone the coming into operation of any such law and may make laws with retrospective effect.

43. Restrictions with regard to certain financial measures

Except on the recommendation of the Governor-General signified by the Premier, the Assembly shall not

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
1. for the imposition of taxation or the alteration of taxation otherwise than by reduction;
2. for the imposition of any charge upon the Consolidated Fund or any other public fund of the Administration or the alteration of any such charge otherwise than by reduction;
3. for the payment, issue or withdrawal from the Consolidated Fund or any other public fund of the Administration of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or
4. for the composition or remission of any debt due to the Crown in right of the Administration, or
proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.

44. Regulation of procedure in Assembly

Subject to the provisions of this Constitution, the Assembly Regulation may regulate its own procedure and may in particular make rules for the procedure in orderly conduct of its own proceedings.
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.

45. Freedom of speech

Without prejudice to any provision made by Parliament relating to the powers, privileges and immunities of the Assembly and its committees, or the privileges and immunities of the members and officers of the Assembly and of other persons concerned in the business of the Assembly or its committees, no civil or criminal proceedings may be instituted against any member of the Assembly for words spoken before, or written in a report to, the Assembly or a committee thereof or by reason of any matter.

Part 3. Summoning, prorogation and dissolution)

46. Sessions

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

47. Prorogation and dissolution

The Governor-General may at any time prorogue or dissolve the Legislature.
Subject to subsection (3), the Legislature, 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.
At any time when Her Majesty is at war, the Legislature may extend the period of five years specified in subsection (2) for not more than twelve months at a time:Provided that the life of the Legislature shall not be extended under this subsection for more than five years.
In the exercise of his powers to dissolve the Legislature the Governor-General shall act in accordance with the advice of the Premier but before any such advice is given the Premier shall consult the Prime Minister:Provided that if the office of the Premier is vacant and the Governor-General, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of the majority of the elected members of the Assembly, the Governor-General shall dissolve the Legislature.
If, after a dissolution of the Legislature and before the holding of the general election of members of the Assembly, the Premier advises the Governor-General that, because of some matter of urgent national importance, it is necessary to recall the Legislature the Governor-General shall summon the Legislature that has been dissolved to meet, but the general election of members of the Assembly shall proceed and the Legislature that has been recalled shall, if not sooner dissolved, again stand dissolved on the date appointed for the nomination of candidates in that general election.

48. Holding of elections

A general election of members of the Assembly shall be held at such time within ninety days after any dissolution of the Legislature as the Governor-General may appoint.
Where the seat of a member of the Assembly falls vacant otherwise than by reason of a dissolution of the Legislature
1. if the vacant seat is that of an elected member, a by-election shall be held; or
2. if the vacant seat is that of a nominated member, an appointment shall be made, to fill the vacancy within ninety days of the occurrence of the vacancy unless the Legislature is sooner dissolved.

Part 4. Delimitation of electoral districts)

49. Boundaries Commission

There shall be for the island of Nevis an Electoral Districts Boundaries Commission (hereinafter in this section referred to as the Commission) which shall consist of
1. a chairman appointed by the Governor-General, acting in accordance with the advice of the Premier given after the Governor-General has consulted the Leader of the Opposition and such other persons as the Governor-General, acting in his own deliberate judgment, has seen fit to consult:
2. two members of the Assembly appointed by the Governor-General, acting in accordance with the advice of the Premier, and
3. two members of the Assembly appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition:
Provided that the chairman shall not be a member of the Assembly or of the National Assembly.
A member of the Commission shall vacate his office
1. at the next dissolution of the Legislature after his appointment;
2. in the case of the chairman, if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such;
3. in the case of a member other than the chairman, if he ceases to be a member of the Assembly otherwise than by reason of the dissolution of the Legislature; or
4. if the Governor-General, acting in accordance with the advice of the Premier given after the Governor-General has consulted the Leader of the Opposition in the case of the chairman, in accordance with the advice of the Premier in the case of a member appointed under subsection (1)(b) or in accordance with the advice of the Leader of the Opposition in the case of a member appointed under subsection (1)(c), so directs.
The Commission may regulate its own procedure and, with the consent of the Premier, may confer powers and impose duties on any public officer or on any authority of the Government for the purpose of the discharge of its functions.
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.

50. Review of boundaries of electoral districts

The Electoral Districts Boundaries Commission (hereinafter Review of in this section referred to as the Commission) shall, in accordance with boundaries of the provisions of this section, review the number and boundaries of the electoral districts into which the island of Nevis is divided and submit to districts the Governor-General reports either
1. showing the electoral districts into which it recommends that the island of Nevis should be divided in order to give effect to the rules set out in schedule 2; or
2. stating that, in its opinion, no alteration is required to the existing number or boundaries of electoral districts in order to give effect to those rules.
Reports under subsection (1) shall be submitted by the Commission at intervals of not less than two nor more than five years.
As soon as may be after the Commission has submitted a report under subsection (1)(a), the Premier shall lay before the Assembly for its approval the draft of a proclamation by the Governor-General forgiving 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 Premier to be incidental to or consequential upon the other provisions of the draft.
Where any draft proclamation laid before the Assembly gives effect to any recommendations of the Commission with modifications, the Premier shall lay before the Assembly together with the draft a statement of the reasons for the modifications.
If the motion for the approval of any draft proclamation laid before the Assembly under this section is rejected by the Assembly, or is withdrawn by leave of the Assembly, the Premier shall amend the draft and lay the amended draft before the Assembly.
If any draft proclamation laid before the Assembly under this section is approved by resolution of the Assembly, the Premier shall submit it to the Governor-General who shall make a proclamation terms of the draft; and that proclamation shall come into force upon the next dissolution of the Legislature after it is made.
The question of the validity of any proclamation by the Governor-General purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the Assembly shall not be enquired into in any court of law except upon the ground that the proclamation does not give effect to rule I in schedule 2.