Miscellaneous

Section 115. Secession of Nevis.
If, by virtue of a law enacted by the Nevis Island Legislature under section 113(1), the island of Nevis ceases to be federated with the island of Saint Christopher, the provisions of schedule 3 shall forthwith have effect.

Section 116. Functions of Governor-General
(1) Any references in this Constitution to the function of the Governor-General shall be construed as a reference to his powers and duties in the exercise of the executive authority of Saint Christopher and Nevis and to any other power and duties conferred or imposed on him as Governor-General by or under this Constitution or any other law.

(2) Where by this Constitution the Governor-General is required to perform any functions in his own deliberate judgment or in accordance with the advice or recommendation of, or after consultation with, any person or authority, the question whether the Governor-General has so exercised that function shall not be enquired into in any court of law.

(3) Where by this Constitution the Governor-General is required to perform any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the recommendation of that person or authority.

Section 117. Resignations.
(1) A Representative or a Senator may resign his seat by writing under his hand addressed to the Speaker and the resignation shall taken effect, and the seat shall accordingly become vacant, when the writing is received, as the case may be, by-
  1. the Speaker;
  2. if the office of Speaker is vacant or the Speaker is for any reason unable to perform the functions of his office and no other person is performing them, the Deputy Speaker; or
  3. if the office of Deputy Speaker is vacant or the Deputy Speaker is for any reason unable to perform the functions of this office and no other person is performing them, the Clerk of the National Assembly.
(2) The Speaker or the Deputy Speaker may resign his office by writing under his hand addressed to the National Assembly and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the Clerk of the National Assembly.

(3) Any person who has been appointed to an office established by this Constitution (other than an office to which subsection (1) or (2) applies) or any office of Minister established under this Constitution may resign that office by writing under his hand addressed to the person or authority by whom he was appointed and the resignation shall taken effect, and the office shall accordingly become vacant-
  1. at such time or on such date (if any) as may be specified in the writing; or
  2. when the writing is received by the person or authority to whom it is addressed, or by such person as may be authorized to receive it, whichever is the later:
Provided that the resignation may be withdrawn before it takes effect if the person or authority to whom the resignation is addressed consents to its withdrawal.

Section 118. Re-appointment and concurrent appointments.
(1) Where any person has vacated any office established by this Constitution or any office of Minister or Parliamentary Secretary established under this Constitution, he may if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.

(2) Where this Constitution vest in any person or authority the power to make any appointment to any office other than that of Senator, Minister, Parliamentary Secretary, Leader of the Opposition, nominated member of the Nevis Island Assembly, member of the Nevis Island Administration or Leader of the Opposition in the Nevis Island Assembly, a person may be appointed to that office, when that other person is on leave of absence pending the relinquishment of the office, and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any functions conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office.

Section 119. Interpretation.
(1) In this Constitution, unless the context otherwise requires-
  1. "child", in relation to any other person, means a person of whom that other person is a parent,
  2. "citizen" means a citizen of Saint Christopher and Nevis and "citizenship" shall be construed accordingly;
  3. "Commonwealth citizen" has such meaning as Parliament may prescribe;
  4. "defence force" means a naval, military or air force;
  5. "dollars" means dollars in the currency of Saint Christopher and Nevis;
  6. "financial year" means any period of twelve months beginning on 1st January in any year or such other date as may be prescribed by any law enacted by Parliament;
  7. "the Gazette" means the official Gazette of Saint Christopher and Nevis;
  8. "the Government" means Her Majesty's Government of Saint Christopher and Nevis;
  9. "grandparent", in relation to any other person, means a parent of one of his parents;
  10. "law" means any law in force in Saint Christopher and Nevis or any part thereof, including any instrument having the force of law and any unwritten rules of law and "lawful" and "lawfully" shall be construed accordingly;
  11. "Leader of the Opposition" means the Leader of the Opposition in the National Assembly;
  12. "legal practitioner" means a person entitled to be in or to enter Saint Christopher and Nevis and entitled to practice as a barrister in Saint Christopher and Nevis or, except in relation to proceedings before a court in which a solicitor has no right of audience, so entitled to practice as a solicitor;
  13. "the legislature" means Parliament;
  14. Provided that in relation to any specified matter it includes the Nevis Island Legislature;
  15. "Minister" means a Minister of the Government;
  16. "parent", in relation to any other person, includes-
    • any person who has adopted him in a manner recognized by law, and
    • in the case of a person born out of wedlock and not legitimated, his mother and the person (if any) who acknowledges and can show that he is his father or has been found by a court of competent jurisdiction to be his father but, in the case of a person who has been adopted, it does not include any person who has relinquished his parental rights over him as a consequence of the adoption.
  17. "Parliament" means the Parliament of Saint Christopher and Nevis;
  18. "oath" includes affirmation;
  19. "oath of allegiance" means, the oath of secrecy set out in schedule 4;
  20. "oath of office" means, in relation to any office, the oath for the due execution of that office set out in schedule 4;
  21. "oath of secrecy" means the oath of secrecy set out in schedule 4;
  22. "the Police Force" means the Royal Saint Christopher and Nevis Police Force and includes any other police force established to succeed to the functions of that Force;
  23. "proclamation" means a proclamation published in the Gazette or, if such publications not reasonably practicable, published in Saint Christopher and Nevis by such means as are reasonably practicable and effective;
  24. "public office" means any office of emolument in the public service;
  25. "public officer" means a person holding or acting in any public office;
  26. "the public service" means, subject to the provisions of this section, the service in a civil capacity of the Crown in right of the Government,
  27. "session" means-
    • in relation to the National Assembly, the period beginning when it first meets after Parliament has at any time been prorogue or dissolved and ending when Parliament is prorogued or when Parliament is dissolved without having been prorogued,
    • in relation to the Nevis Island Assembly, the period beginning when it first meets after the Nevis Island Legislature has at any time been prorogued or dissolved and ending when that Legislature is prorogued or when that Legislature is dissolved without having been prorogued;
  28. "sitting" means-
      • in relation to the National Assembly, the period during which it is sitting continuously without adjournment and includes any period during which it is in committee;
      • in relation to the Nevis Island Assembly, the period during which it is sitting continuously without adjournment and includes any period during which it is in committee;
  29. "Speaker" and "Deputy Speaker" means the respective persons holding office as Speaker and Deputy Speaker and Deputy Speaker of the National Assembly;
  30. "specified matter" means, in relation to the government of the island of Nevis, a matter specified in schedule 5 to this Constitution.
(2) In this Constitution references to an office in the public service shall not be construed as including-

  1. references to the office of the Speaker or Deputy Speaker, the Prime Minister or any other Minister, a Parliamentary Secretary or a member of the National Assembly;
  2. references to the office of the president of the Nevis Island Assembly, the Premier or any other member of the Nevis Island Administration or a member of the Nevis Island Assembly;
  3. 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 that Public Service Board of Appeal;
  4. references to the office of judge or officer of the Supreme Court; or
  5. save in so far as may be provided by Parliament, references to the office of a member of any other council, board, panel, committee or other similar body (whether incorporated on not established by or under any law:
(3) In this Constitution-
  1. references to this Constitution, the Supreme Court Order, the British Nationality Act 1948 of the British Nationality Act 1981, or any provision thereof, including, unless otherwise provided, 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 of the Court or of 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.
(4) In this Constitution "the specified qualifications" means the professional qualifications specified by or under any law, one of which must by held by any person before he may apply under that law to be admitted to practice as a barrister or a solicitor in Saint Christopher and Nevis:

(5) For the purposes of this Constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance.

(6) 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 authorized to exercise the functions of that office.

(7) 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.

(8) 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 or the Director of Audit 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, vested in the Public Service Commission.
(9) Any provisions in this Constitution that vest 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 of to any law providing for the compulsory retirement of a public officers generally or any class of public officer on attaining an age specified by or under that law.

(10) 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.

(11) No provisions 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 function 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.

(12) Without prejudice to section 14 of the Interpretation Act 1978 (a) (as applied by subsection (17) of this section), where any power is conferred by this Constitution to make any proclamation, regulation or rule or give any direction or make any designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such proclamation, regulation, rule direction or designation.

(13) Subject to subsection 3(a), any reference in this Constitution to a law made before 19th September 1983 shall, unless the context otherwise requires, be construed as a reference to that law as it has effect immediately before that date.

(14) In this Constitution references to altering this Constitution or any other law, or any provisions thereof, include references-
  1. to revoking it with or without re-enactment thereof of 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.
(15) In this Constitution any reference to a time when Her Majesty is at war shall be construed as a reference to a time when Saint Christopher and Nevis is engaged in hostilities with another country.

(16) In this Constitution any reference to land or buildings vested in the Crown includes a reference to any land or buildings vested in any person or authority in trust for, or otherwise on behalf of, the Crown-

(17) 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 the Parliament of the United Kingdom.

Section 120. Text of modified provisions.
(1) The provisions of this Constitution that are applied with modifications in relation to the Nevis Island Assembly or the Nevis Island Administration by section 104 of 108 are reproduced with those modifications in schedule 6.

(2) If any of the provisions applied with modifications by section 104 or 108 are altered, the Governor-General may by order make corresponding alterations to schedule 6.

(3) Where any provision of this Constitution is applied with modifications by section 104 or 108 references to that provision in other provisions of this Constitution, when so applied, are references to that provision as so applied.