Constitution – Chapter 3

CHAPTER III  – THE GOVERNOR-GENERAL

 

Establishment of office.

21.- There shall be for Saint Christopher and Nevis a Governor-General who shall be a citizen appointed by Her Majesty and shall hold office during Her Majesty’s pleasure and who shall be Her Majesty’s representative in Saint Christopher and Nevis.

Acting Governor-General.

22.- (1) During any period when the office of Governor-General is vacant or the holder of the office of Governor-General is absent from Saint Christopher and 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 subsection (1) 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.

(3) The holder of the office of Governor-General shall not, for the purposes of this section, be regarded as absent from Saint Christopher and Nevis or as unable to perform the function of his office-

a) by reason that he is in passage from one part of Saint Christopher and Nevis to another; or

b) at any time when there is a subsisting appointment of a deputy under section 23(1).

Deputy to Governor-General.

23.- (1) When the Governor-General-

a) has occasion to be absent from the seat of government but not from Saint Christopher and Nevis;

b) has occasion to be absent from Saint Christopher and Nevis for a period that he considers, in his own deliberate judgment, will be of short duration; or

c) is suffering from an illness that he considers, in his own deliberate judgment, will be of short duration,

he may appoint any person in Saint Christopher and 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 he may specify.

(2) Without prejudice to subsection (1), the Governor-General shall appoint a person in the island of Nevis as Deputy Governor-General to be his deputy in that island and in that capacity to signify on his behalf that he assents or withholds his assent to any bill passed by the Nevis Island Assembly and to perform on his behalf such other functions of the office of Governor-General relating to that island as he may specify.

(3) 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 section 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 judgment, 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 of law.

(4) Subject to subsection (5), a person appointed under subsection (1) or, as the case may be, subsection(2) shall hold his appointment for such period as may be specified by the Governor-General at the time of his appointment.

(5) Any appointment made under subsection (1) or, as the case may be, subsection (2) may be revoked at any time by the Governor-General.

(6) The Governor-General shall act-

a) in relation to the making of an appointment under subsection (1) or the revocation of such an appointment, in accordance with the advice of the Prime Minister; and

b) in relation to the making of an appointment under subsection (2) or the revocation of such an appointment, in accordance with the advice of the Premier.

Oaths.

24.- 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.

 

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