Her Majesty Queen Elizabeth II, by the grace of God Queen of the United Kingdom of Great Britain and Northern Ireland and of Her Other Realms and Possessions, Head of the Commonwealth, Defender of the Faith, having at the request of the people of Tuvalu graciously consented, is the Sovereign of Tuvalu and, in accordance with this Constitution, the Head of State.
The Royal Style and Titles are as determined by Act of Parliament.
49. Succession to the Crown
The provisions of this Constitution referring to the Sovereign extend, in accordance with section 13 (references to the Sovereign of Tuvalu) of Schedule 1, to the Heirs and Successors of the Sovereign according to law.
DIVISION 2. FUNCTIONS OF THE HEAD OF STATE
50. The office of Head of State
In addition to the other functions of the office, the office of Head of State is a symbol of the unity and identity of Tuvalu, and the Head of State is entitled to proper respect accordingly.
51. Functions, etc., of the Head of State generally
The only privileges and functions of the Head of State are those prescribed as such.
Subject to this Constitution and to any Act of Parliament, the privileges and functions of the Sovereign as Head of State may be had and performed through a Governor-General appointed in accordance with Division 3 (the Governor-General) and, except where the context requires otherwise, references in any law to the Head of State shall be read as including a reference to the Governor-General.
52. Performance of functions by the Head of State
Subject to section 17 (impracticability of obtaining advice, etc.) of Schedule 1, in the performance of his functions under this Constitution or any other law the Head of State shall act only in accordance with the advice of-
the Cabinet; or
the Prime Minister or another Minister acting under the general or special authority of the Cabinet,
except where he is required to act-
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in accordance with the advice of any other person or authority (in which case he shall act only in accordance with that advice); or
after consultation with any person or authority, including the Cabinet (in which case he shall act only after such consultation); or
in his own deliberate judgment (in which case he shall exercise an independent discretion),
or where this Constitution obliges or specifically permits him to act in a particular way.
When the Head of State is required or permitted by this Constitution or any other law to act in accordance with the advice of, or after consultation with, any person or authority, no question-
whether he received the advice; or
whether he has the consultation and the nature of the consultation; or
what advice (if any) he was given; or
by whom he was advised or whom he consulted,
shall be considered in any court.
53. Failure by the Head of State to act
Subject to subsection (2), if-
the Head of State is required by this Constitution or by or under an Act of Parliament to perform any function in accordance with the advice of any person or authority; and
he does not so act within a period of seven days after the advice is received by him, or by a person authorized by him to receive such advice,
he shall be considered to have acted in accordance with the advice.
If the person or authority giving the advice-
certifies to the Head of State that the matter is urgent; and
requests him to act in accordance with the advice within a specified period of less than seven days,
the reference in subsection (1) to a period of seven days shall be read as a reference to that specified period.
If the Head of State is required by this Constitution or by or under an Act of Parliament to perform any function otherwise than-
in accordance with the advice of any person or authority; or
in his own deliberate judgment,
and if at any time after the occasion for the performance of the function has arisen he has not so acted he shall be considered to have acted as required.
An Act of Parliament may make provision as to the proof of matters referred to in this section, and of acts considered to have been done by virtue of this section.
DIVISION 3. THE GOVERNOR-GENERAL
54. Establishment of office of Governor-General
An office of Governor-General of Tuvalu is established.
The Governor-General is the representative of the Sovereign.
55. Appointment, etc., of the Governor-General
The Governor-General shall be appointed, and may be removed from office at any time (with or without cause), by the Sovereign, acting in accordance with the advice of the Prime Minister given after the Prime Minister has, in confidence, consulted the members of Parliament.
A person is not qualified to be appointed Governor-General unless-
he has attained the age of 50 years; and
he has not attained the age of 65 years; and
he is otherwise qualified to be elected as a member of Parliament.
The Governor-General vacates his office-
on death; or
if he is removed from office under subsection (1); or
when he attains the age of 65 years; or
subject to subsection (4), if he resigns by notice in writing to the Speaker; or
if he ceases to be otherwise qualified to be elected as a member of Parliament; or
at the end of the period of four years after the date of his appointment.
A resignation under subsection (3)(d) takes effect on the day on which it is received by the Speaker, or on such later date as is agreed between the Governor-General and the Prime Minister.
56. Acting Governor-General
Where-
the office of Governor-General is vacant; or
the Governor-General is-
absent from Tuvalu; or
for any other reason unable to perform any of the functions of his office,
the functions of the Governor-General or the relevant parts of those functions shall be performed by-
a person appointed in accordance with subsection (2); or
in the absence of a person appointed in accordance with subsection (2) who is able to perform those functions – the Speaker.
For the purposes of subsection (1)(c), an appointment shall be made in the same way as the appointment of a Governor-General under section 55 (appointment, etc., of Governor-General,) and the provisions of that section, with the necessary modifications, apply, provided that any oath or affirmation required under section 57 (oaths and affirmation by the Governor-General, etc) may be taken or made before the Governor-General.
No question whether the need for the performance of any function of the Governor-General by another person (including the Speaker) in accordance with subsection (1) has arisen, or has ceased, shall be considered in any court.
57. Oaths and affirmation by the Governor-General, etc
Before entering on the duties of his office the Governor-General shall take an oath, or make an affirmation, of allegiance, and take the relevant oath, or make the relevant affirmation, of office, in the forms respectively set out in Schedule 4, and before performing under section 56(1) (acting Governor-General) any of the functions of the Governor-General the person referred to in section 56(1)(c) (which relates to the appointment of an acting Governor-General) or the Speaker, as the case may be, shall do the same.
The oaths and affirmations shall be taken or made before the Chief Justice or a person appointed by the Chief Justice for the purpose.
58. Performance of functions by the Governor-General
Subject to any Act of Parliament, the Governor-General shall perform the functions of the Head of State when the Sovereign is-
outside Tuvalu; or
incapacitated; or
under age.
No question whether the conditions prescribed by or under subsection (1) apply shall be considered in any court.
No question whether in performing a function as Head of State the Governor-General is acting in accordance with the will, opinion or decision of the Sovereign shall be considered in any court, and-
except to the extent implied by sections 55 (appointment, etc., of Governor-General) and 56 (acting Governor-General) the Sovereign has no power to give directions to the Governor-General; and
there is no right of appeal or petition to the Sovereign from or against the performance of a function by the Governor-General.
59. Provision to the Governor-General of information as to the conduct of government
The Governor-General, as the representative of the Sovereign, is entitled-
to be informed by the Prime Minister concerning the general conduct of the government of Tuvalu; and
to be given by the Prime Minister any information that he asks for with respect to any particular matter relating to the government of Tuvalu.
60. Performance of certain ceremonial, etc., functions
With the approval of the Prime Minister, the Governor-General may authorize a person to perform, on his behalf and in his name, any of the ceremonial or formal functions of the Head of State or of the Governor-General.
Subsection (1) does not apply to-
any function conferred by this Constitution on the Head of State or on the Governor-General; or
except as provided for by an Act of Parliament, any function conferred by or under any Act of Parliament on the Head of State or the Governor-General; or
any other function certified by the Prime Minister to have a legal or practical effect, or to be more than only ceremonial or formal.
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