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کاربران آنلاين: ۱
بازديد امروز: ۴
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آي پي: ۱۹۲.۱۶۸.۰.۱۸۷
قوانين اساسي کشورها > انگليسي > ۱۳۸۷/۰۶/۲۷
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Antigua and Barbuda ۲




۸۰
 EXERCISE OF GOVERNOR-GENERAL"S FUNCTIONS.


۱. In the exercise of his functions the Governor-General shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet, except in cases where other provision is made by this Constitution or any other law, and, without prejudice to the generality of this exception, in case where by this Constitution or any other law he is required to act-

a. in his discretion;

b. after consultation with any person or authority other than Cabinet; or

c. in accordance with the advice of the Prime Minister or any person or authority other than the Cabinet.

۲. Nothing in subsection (۱) of this section shall apply to the functions conferred upon the Governor-General by the following provisions of this Constitution, that is to say, sections ۶۳(۶), ۶۷(۶), ۷۳(۱), ۸۷(۸) and ۹۹(۵) (which require the Governor-General to remove the holders of certain offices from office in certain circumstances).

۳. Where in the exercise of his functions the Governor-General is required to act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet, and it has become impracticable for the Governor-General to obtain such advice, he may exercise those functions in his discretion.

۴. Where in the exercise of his functions the Governor-General is required to act in accordance with the advice of, or after consultation with, the Leader of the Opposition and there is a vacancy in the office of the Leader of the Opposition or if the Governor-General considers that it is impracticable to obtain the advice of the Leader of the Opposition, the Governor-General may exercise those functions in his discretion.

۵. Where in the exercise of his functions the Governor-General is required to act after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority.

۶. Any reference in this Constitution to the functions of Governor-General shall be construed as a reference to his powers and duties in the exercise of the executive authority of Antigua and Barbuda and to any other powers and duties conferred or imposed on him as Governor-General by or under this Constitution or any other law.


۸۱: GOVERNOR-GENERAL TO BE INFORMED CONCERNING GOVERNMENT MATTERS.


The Prime Minister shall keep the Governor-General regularly and fully informed concerning the general conduct of the Government and shall furnish the Governor-General as soon as possible with such information as the Governor-General, acting in his discretion, may request from time to time with respect to any particular matter relating to the Government.


۸۲: ATTORNEY-GENERAL.


۱. There shall be an Attorney-General of Antigua and Barbuda who shall be the principal legal adviser to the Government and who shall be appointed by the Governor-General.

۲. No person shall be qualified to hold or to act in the office of Attorney-General unless he is a citizen entitled to practice as a barrister in Antigua and Barbuda.

۳. If the Attorney-General is an elected member of the House at the time of his appointment or subsequently becomes such a member, he shall be a Minister by virtue of holding the office of Attorney-General and the provisions of subsections (۳) to (۶) of section ۶۹ of this Constitution shall apply to the office of Attorney-General.

۴. Where the person holding the office of Attorney-General is a member of the House by virtue of holding that office he may be appointed by the Governor-General to be a Minister.

۵. If an Attorney-General appointed to be a Minister under the preceding subsection vacates his office as Attorney-General he shall also vacate his office as a Minister.

۶. If the Attorney-General is not a Minister he shall vacate his office if he ceases to be a citizen or if his appointment is revoked by the Governor-General.

۷. If the office of the Attorney-General is vacant or the holder of the office is for any reason unable to perform the functions thereof the Governor-General may appoint a suitably qualified person to act in the office, but the provisions of subsections (۳) and (۴) of this section shall not apply to a person so appointed.

۸. An appointment under the preceding subsection shall cease to have effect when it is revoked by the Governor-General.


۸۳: EXERCISE OF CERTAIN POWERS OF GOVERNOR-GENERAL


The powers of the Governor-General under the preceding section shall be exercised by him in accordance with the advice of the Prime Minister.


۸۴: POWER OF PARDON.


۱. The Governor-General may, in Her Majesty"s name and on Her Majesty"s behalf-

a. grant to any person convicted of any offence against any law a pardon, either free or subject to lawful conditions;

b. grant to any person a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offence;

c. substitute a less severe form of punishment for that imposed by any sentence for such an offence; or

d. remit the whole or any part of any sentence passed for such an offence or any penalty or forfeiture otherwise due to Her Majesty on account of such an offence.

۲. The powers of the Governor-General under subsection (۱) of this section shall be exercised by him in accordance with the advice of a Minister designated by him acting in accordance with the advice of the Prime Minister.


۸۵: ADVISORY COMMITTEE ON PREROGATIVE OF MERCY.


There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of-

a. the Minister referred to in subsection ۸۴(۲) of this Constitution who shall be Chairman;

b. the Attorney-General (if he is not the Chairman);

c. the Chief Medical Officer of the Government;

d. not more than four other members appointed by the Governor-General, after consultation with the Prime Minister and the Leader of the Opposition.


۸۶: FUNCTIONS OF ADVISORY COMMITTEE.


۱. Where an offender has been sentenced to death by any court for an offence against any law, the Minister shall cause a written report of the case from the trial judge (or the Chief Justice, if a report from the trial judge cannot be obtained) together with such other information derived from the record of the case or elsewhere as the Minister may require, to be taken into consideration at a meeting of the Advisory Committee.

۲. The Minister may consult with the Advisory Committee before tendering any advice to the Governor-General under section ۸۴(۲) of this Constitution in any case not falling within subsection (۱) of this section.

۳. The Minister shall not be obliged in any case to act in accordance with the advice of the Advisory Committee.

۴. The Advisory Committee may regulate its own procedure.

۵. In this section "the Minister" means the Minister referred to in section ۸۴(۲) of this Constitution.



PART ۲ DIRECTOR OF PUBLIC PROSECUTIONS


۸۷: APPOINTMENT AND REMOVAL OF DIRECTOR OF PUBLIC PROSECUTIONS.


۱. There shall be a Director of Public Prosecutions whose office shall be a public office.

۲. The Director of Public Prosecutions shall be appointed by the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission.

۳. If the office of Director of Public Prosecutions is vacant or if the holder of the office is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission, may appoint a person to act as Director.

۴. A person shall not be qualified to be appointed to hold or act in the office of Director or Public Prosecutions unless-

a. he is qualified to practice as a barrister in a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth; and

b. he has practised for not less than seven years as a barrister in such court.

۵. A person appointed to act in the office of Director of Public Prosecutions shall, subject to the provisions of subsections (۶) (۸) (۹) and (۱۰) of this section, cease so to act-

a. when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or

b. at such earlier time as may be provided in the terms of his appointment.

۶. Subject to the provisions of subsection (۸) of this section, the Director of Public Prosecutions shall vacate his office when he attains the prescribed age.

۷. A person holding the office of Director of Public Prosecutions may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.

۸. The Director of Public Prosecutions shall be removed from office by the Governor-General if the question of his renewal from office has been referred to a tribunal appointed under subsection (۹) of this section and the tribunal has recommended to the Governor-General that he ought to be removed for inability as aforesaid or for misbehaviour.

۹. If the chairman of the Judicial and Legal Services Commission represents to the Governor-General that the question of removing the Director of Public Prosecutions under this section ought to be investigated, then-

a. the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

b. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the Director of Public Prosecutions ought to be removed under this section.

۱۰. If the question of removing the Director of Public Prosecutions has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission, may suspend the Director from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Director should not be removed.

۱۱. The prescribed age for the purposes of subsection (۶) of this section is the age of fifty-five years or such other age as may be prescribed by Parliament.


۸۸: POWERS AND FUNCTIONS OF DIRECTOR OF PUBLIC PROSECUTIONS.


۱. The Director of Public Prosecutions shall, subject to section ۸۹ of this Constitution, have power in any case in which he considers it proper to do so-

a. to institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence against any law;

b. to take over and continue any such criminal proceedings that may have been instituted by any other person or authority;

c. to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.

۲. Subject to section ۸۹ of this Constitution, the powers conferred on the Director of Public Prosecutions by paragraph (b) and (c) of subsection (۱) of this section shall be vested in him to the exclusion of any other person or authority:

Provided that, where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

۳. For the purposes of this section a reference to criminal proceedings includes an appeal from the determination of any court in criminal proceedings or a case stated or a question of law reserved in respect of those proceedings.

۴. The functions of the Director of Public Prosecutions under subsection (۱) of this section may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.

۵. Subject to section ۸۹ of this Constitution, in the exercise of the functions vested in him by subsection (۱) of this section and by section ۴۵ of this Constitution, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.


۸۹: DIRECTIONS TO DIRECTOR OF PUBLIC PROSECUTIONS.


۱. The Attorney-General may, in the case of any offence to which this section applies, give general or special directions to the Director of Public Prosecutions as to the exercise of the powers conferred upon the Director of Public Prosecutions by section ۸۸ of this Constitution and the Director of Public Prosecutions shall act in accordance with those directions.

۲. This section applies to-

a. offences against any law relating to-

i. official secrets;

ii. mutiny or incitement to mutiny; and

b. any offence under any law relating to any right or obligation of Antigua and Barbuda under international law.



CHAPTER VI FINANCE

۹۰: CONSOLIDATED FUND.


All revenues or other monies raised or received by Antigua and Barbuda (not being revenues or other monies that are payable, by or under any law for the time being in force in Antigua and Barbuda, into some other fund established for a specific purpose) shall be paid into and form a Consolidated Fund.


۹۱: WITHDRAWALS FROM CONSOLIDATED FUND OR OTHER PUBLIC FUNDS.


۱. No monies shall be withdrawn from the Consolidated Fund except-

a. to meet expenditure that is charged upon the Fund by this Constitution or by any law enacted by Parliament; or

b. where the issue of those monies has been authorised by an appropriation law or by a law made in pursuance of section ۹۳ of this Constitution.

۲. Where any monies are charged by this Constitution or any law enacted by Parliament upon the Consolidated Fund or any other public fund, they shall be paid out of that fund by the Government to the person or authority to whom payment is due.

۳. No monies shall be withdrawn from any public fund other than the Consolidated Fund unless the issue of those monies has been authorised by or under a law enacted by Parliament.

۴. There shall be such provision as may be made by Parliament prescribing the manner in which withdrawals may be made from the Consolidated Fund or any other public fund.

۵. The investment of monies forming part of the Consolidated Fund shall be made in such a manner as may be prescribed by or under a law enacted by Parliament.

۶. Notwithstanding the provision of subsection (۱) of this section, provision may be made by or under a law enacted by Parliament authorising withdrawals to be made from the Consolidated Fund, in such circumstances and to such extent as may be prescribed by or under a law enacted by Parliament, for the purpose of making repayable advances.


۹۲: AUTHORISATION OF EXPENDITURE FROM CONSOLIDATED FUND BY APPROPRIATION LAW.


۱. The Minister for the time being responsible for finance shall cause to be prepared and laid before the House before, or not later than ninety days after, the commencement of each financial year, estimates of the revenues and expenditure of Antigua and Barbuda for that financial year.

۲. When the estimates of expenditure (other than expenditure charged upon the Consolidated Fund by this Constitution or by any law enacted by Parliament) have been approved by the House, a bill to be known as an appropriation bill shall be introduced in the House, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several services required, for the purposes specified therein.

۳. If in respect of any financial year it is found-

a. that the amount appropriated by the appropriation law for any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that law; or

b. that any monies have been expended for any purpose in excess of the amount appropriated for that purpose by the appropriation law or for a purpose to which no amount has been appropriated by that law.

- a supplementary estimate showing the sums required or spent shall be laid before the House and, when the supplementary estimate has been approved by the House, a supplementary appropriation bill shall be introduced in the House providing for the issue of such sums from the Consolidated Fund and appropriating then to the purposes specified therein.


۹۳: AUTHORISATION OF EXPENDITURE IN ADVANCE OF APPROPRIATION.


There shall be such provision as may be made by Parliament under which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the Minister for the time being responsible for finance may authorise the withdrawal of monies from the Consolidated Fund for the purpose of meeting expenditure necessity to carry on the services of the Government until the expiration of four months from the beginning of that financial year or the coming into operation of the law, whichever is the earlier.


۹۴: CONTINGENCIES FUND.


۱. There shall be such provisions as may be made by Parliament for the establishment of a Contingencies Fund, and for authorising the Minister for the time being responsible for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from that Fund to meet that need.

۲. Where any advance is made from the Contingencies Fund, a supplementary estimate shall as soon as possible be laid before the House and when the supplementary estimate has been approved by the House, a supplementary appropriation bill shall be introduced as soon as possible in the House for the purpose of replacing the amount so advanced.


۹۵: REMUNERATION OF CERTAIN OFFICERS.


۱. There shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by or under any law enacted by Parliament.

۲. The salaries and allowances prescribed in pursuance of this section in respect of the holders of the offices to which this section applies shall be a charge on the Consolidated Fund.

۳. The salary prescribed in pursuance of this section in respect of the holder of any office to which this section applies and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not be altered to his disadvantage after his appointment.

۴. When a person"s salary or other terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (۳) of this section, be deemed to be more advantageous to him than any other for which he might have opted.

۵. This section applies to the offices of the Governor-General, member of the Public Service Commission, member of the Police Service Commission, member of the Public Service Board of Appeal, the Director of Public Prosecutions, the Director of Audit, the Ombudsman and the Supervisor of Elections.

۶. Nothing in this section shall be construed as prejudicing the provisions of section ۱۰۹ of this Constitution (which protects pensions rights in respect of service as a public officer).


۹۶: PUBLIC DEBT.


۱. All debt charges for which Antigua and Barbuda is liable shall be a charge on the Consolidated Fund.

۲. For the purposes of this section debt charges include interest, sinking fund charges the repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of the debt created thereby.


۹۷: AUDIT OF PUBLIC ACCOUNTS ETC.


۱. There shall be a Director of Audit whose office shall be a public office.

۲. The Director of Audit shall-

a. satisfy himself that all monies that have been appropriated by Parliament and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure conforms to the authority that governs it; and

b. at least once every year audit and report on the public accounts of Antigua and Barbuda, the accounts of all officers and authorities of the Government, the accounts of all courts of law in Antigua and Barbuda (including any accounts of the Supreme Court maintained in Antigua and Barbuda), the accounts of every Commission established by this Constitution and the accounts of the Clerk to the House and the Clerk to the Senate.

۳. The Director of Audit shall have power to carry out audits of the accounts, balance sheets and other financial statements of all enterprises that are owned or controlled by or on behalf of Antigua and Barbuda.

۴. The Director of Audit and any other officer authorised by him shall have access to all books, records, returns, reports and other documents which in his opinion relate to any of the accounts referred to in subsections (۲) and (۳) of this section.

۵. The Director of Audit shall submit every report made by him in pursuance of this section to the Minister for the time being responsible for finance who shall, after receiving such report, lay it before the House not later than seven days after the House next meets.

۶. If the Minister fails to lay a report before the House in accordance with the provisions of subsection (۵) of this section the Director of Audit shall transmit copies of that report to the Speaker who shall, as soon as practicable, present them to the House.

۷. The Director of Audit shall exercise such other functions in relation to the accounts of the Government, the accounts of other authorities or bodies established by law for public purposes or the accounts of enterprises that are owned or controlled by or on behalf of Antigua and Barbuda as may be prescribed by or under any law enacted by Parliament.

۸. In the exercise of his functions under subsection (۲), (۳), (۴), (۵) and (۶) of this section, the Director of Audit shall not be subject to the direction or control of any other person or authority.


۹۸: PUBLIC ACCOUNTS COMMITTEE.


The House shall, at the commencement of each session, appoint a Public Accounts Committee from among its members, one of whom shall be a member for Barbuda in the House, whose duties shall be to consider the accounts referred to in section ۹۷(۲) of this Constitution in conjunction with the report of the Director of Audit and in particular to report to the House-

a. in the case of any excess or unauthorised expenditure of public funds the reasons for such expenditure; and

b. any measures it considers necessary in order to ensure that public funds are properly spent, and any other such duties relating to public accounts as the House may from time to time direct.



CHAPTER VII THE PUBLIC SERVICE

PART ۱ THE PUBLIC SERVICE COMMISSION


۹۹: ESTABLISHMENT AND COMPOSITION OF COMMISSION


۱. There shall be a Public Service Commission for Antigua and Barbuda (hereinafter in this section referred to as the Commission) which shall consist of a chairman and not less than two nor more than six other members who shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister:

Provided that the Prime Minister shall consult the leader of the Opposition before tendering any advice to the Governor-General for the purposes of this subsection.

۲. A person shall not be qualified to be appointed as a member of the commission if-

a. he is a public officer;

b. he is a member of either House of Parliament;

c. he is below the age of twenty-five years; or

d. he is not resident in Antigua and Barbuda.

e. A member of the Commission shall be appointed to hold office for a term of two years.

f. Subject to the provisions of this section, the office of a member of the Commission shall become vacant at the expiration of the period for which he was appointed or if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified to be appointed as such under subsection (۲) of this section.

۳. A member of the Commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.

۴. A member of the Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (۶) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.

۵. If the Prime Minister represents to the Governor-General that the question of removing a member of the Commission under this section ought to be investigates then-

a. the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

b. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member ought to be removed under this section.

۶. If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Prime Minister, may suspend that member from the functions of his office and any such suspension may at any time be revoked by the Governor-General, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the member should not be removed.

۷. If the office of chairman of the Commission is vacant or if the person holding that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting in accordance with the advice of the Prime Minister.

۸. If at any time any member of the Commission is for any reason unable to exercise the function of his office, the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsections (۶) and (۷) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General, acting in accordance with the advice of the Prime Minister:

Provided that the Prime Minister shall consult the Leader of the Opposition before tendering any advice to the Governor-General for the purposes of this subsection and of subsection (۸) of this section.

۹. A member of the Commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the oath of office.

۱۰. The Commission shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

۱۱. The Commission may, by regulation or otherwise, regulate its own procedure.

۱۲. The Commission may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or on any authority of the Government for the purpose of the exercise of its functions.

۱۳. The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member 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.

۱۴. The Commission shall make an annual report on its activities to the Governor-General, who shall cause copies of the report to be laid before both Houses of Parliament.


۱۰۰: APPOINTMENT ETC. OF PUBLIC OFFICERS


۱. Subject to the provisions of this Constitution, the power to appoint persons to hold or act in offices in the public service (including the power to make appointments on promotion and transfer and to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Public Service Commission.

۲. The Public Service Commission may with the approval of the Prime Minister by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (۱) of this section to any one or more members of the Commission or to any public officer.

۳. The provisions of this section shall not apply in relation to the following offices, that is to say-

a. any office to which section ۱۰۱ of this Constitution applies;

b. the office of the Director of Public Prosecutions;

c. the office of the Director of Audit;

d. the office of the Attorney-General;

e. the office of the Supervisor of Elections;

f. any office to which section ۱۰۳ of this Constitution applies;

g. any office in the Police Force.

۴. No person shall be appointed under this section to, or to act in, any office of the Governor-General"s personal staff except with the concurrence of the Governor-General acting in his discretion.

۵. The Public Service Commission shall not remove or inflict any punishment on a public officer on the grounds of any act done or omitted to be done by that officer in the exercise of a judicial function conferred upon him unless the Judicial and Legal Services Commission concurs therein.

۶. In the performance if its functions the Public Service Commission shall act in a manner consistent with the general policy of the Government as conveyed to the Commission by the Prime Minister in writing.


۱۰۱: APPOINTMENT ETC. OF PERMANENT SECRETARIES AND CERTAIN OTHER OFFICERS


۱. This section applies to the offices of Secretary to the Cabinet, Permanent Secretary, head of a department of government, deputy head of a department of government, any office of a chief professional adviser to a department of government and any office for the time being designated by the Commission, after consultation with the Prime Minister, as an office the holders of which are required to reside outside Antigua and Barbuda for the proper discharge of their functions or as an office in Antigua and Barbuda whose functions relate to external affairs.

۲. The power to appoint persons to hold or to act in offices to which this section applies (including the power to confirm appointments), and, subject to the provisions of section ۱۰۷ of this Constitution, the power to exercise disciplinary control over persons holding or acting in such offices and power to remove such persons from office shall vest in the Governor-General, acting in accordance with the advice of the Public Service Commission:

Provided that-

a. the power to appoint a person to hold or act in an office of permanent secretary on transfer from another such office carrying the same salary shall vest in the Governor-General, acting in accordance with the advice of the Prime Minister;

b. before the Public Service Commission tenders advice to the Governor-General with respect to the appointment of any person to hold an office to which this section applies (other that appointment to an office of permanent secretary on transfer from another such office carrying the same salary) it shall consult with the Prime Minister and if the Prime Minister signifies his objection to the appointment of any person to the office, the Commission shall not advise the Governor-General to appoint that person;

c. in relation to any office of Ambassador, High Commissioner or other principal representative of Antigua and Barbuda in any other country or accredited to any international organisation the Governor-General shall act in accordance with the advice of the Prime Minister, who shall, before tendering any such advice in respect of any person who holds any public office to which appointments are made by the Governor-General on the advice of or after consultation with some other person or authority, consult that person or authority.

۳. References in this section to a department of government shall not include the office of the Governor-General, the department of the Attorney-General, the department of the Director of Public Prosecutions, the department of the Director of Audit, the department of the Supervisor of Elections, the department of the Clerk of the Senate or of the House or the Police Force.


۱۰۲: THE DIRECTOR OF AUDIT


۱. The Director of Audit shall be appointed by the Governor-General acting in accordance with the advice of the Public Service Commission, tendered after the Commission has consulted the Prime Minister and has obtained the agreement of the Prime Minister to the appointment of that person.

۲. If the office of Director of Audit is vacant or if the holder of the office is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Public Service Commission tendered after the Commission has consulted the Prime Minister and has obtained the agreement of the Prime Minister to the appointment, may appoint a person to act as Director of Audit.

۳. The provisions of subsections (۵) to (۱۱) inclusive of section ۸۷ of this Constitution (which relates to the appointment and removal of the Director of Public Prosecutions) shall apply in relation to the Director of Audit as they apply in relation to the Director of Public Prosecutions so, however, that in subsection (۹) and (۱۰) references to the Judicial and Legal Services Commission shall be read as references to the Public Service Commission.


۱۰۳: APPOINTMENT ETC. OF MAGISTRATES, REGISTRARS AND LEGAL OFFICERS


۱. This section applies to the offices of magistrates and registrars of the High Court and assistant registrars of the High Court and to any public office in the department of the Attorney-General (other than the public office of Attorney-General) and the department of the Director of Public Prosecutions (other than the office of Director) for appointment to which persons are required to be qualified to practice as a barrister or solicitor in Antigua and Barbuda and such other offices connected with the Court as Parliament may prescribe.

۲. The power to appoint persons to hold or act in offices to which this section applies (including the power to confirm appointments) and, subject to the provisions of this Constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Governor-General acting in accordance with the advice of the Judicial and Legal Services Commission.



PART ۲ THE POLICE SERVICE COMMISSION


۱۰۴: ESTABLISHMENT AND COMPOSITION OF COMMISSION


۱. There shall be a Police Service Commission for Antigua and Barbuda which shall consist of a Chairman and not less than two nor more than six other members who shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister:

Provided that the Prime Minister shall consult the Leader of the Opposition before tendering any advice to the Governor-General for the purposes of this subsection.

۲. The provisions of subsections (۲) to (۱۵) inclusive of section ۹۹ of this Constitution shall apply in relation to the Police Service Commission as they apply in relation to the Public Service Commission.


۱۰۵: APPOINTMENT ETC. OF POLICE OFFICERS


۱. Subject to the provision of this section, the power to appoint persons to hold or act in offices in the Police Force (including appointments on promotion and transfer and the confirmation of appointments) and to remove and exercise disciplinary control over persons holding or acting in such offices shall vest in the Police Service Commission:

Provided that the Commission may, with the approval of the Prime Minister and subject to such conditions as it may think fit, delegate any of its powers under this section to any one or more of its members or to the Commissioner of Police.

۲. Before the Police Service Commission, or any person or authority to whom powers have been delegated under this section, appoints to an office in the Police Force any person who is holding or acting in an office power to make appointments to which is vested by this Constitution in the Public Service Commission, the Police Service Commission or that person or authority shall consult with the Public Service Commission.

۳. Before the Police Service Commission makes an appointment to the office of Commissioner or Deputy Commissioner or a like post however designated it shall consult the Prime Minister, and a person shall not be appointed to such an office if the Prime Minister, and a person shall not be appointed to such an office if the Prime Minister signifies to the Police Service Commission his objection to the appointment of that person to the office in question.

۴. Before the Police Service Commission makes an appointment to the office of Superintendent or a like post however designated it shall consult the Prime Minister.

۵. The power to appoint persons to hold or act in offices in the Police Force below the rank of Sergeant (including the power to confirm appointments) and, subject to the provisions of section ۱۰۷ of this Constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such person from office shall vest in the Commissioner of Police.

۶. The Commissioner of Police may, by directions given in such manner as he thinks fit and subject to such conditions as he thinks fit, delegate any of his powers under subsection (۵) of this section, other than the power to remove from office or reduce in rank, to any other member of the Police Force.

۷. A police officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of any judicial function conferred on him unless the Judicial and Legal Services Commission concurs therein.

۸. In this section references to the rank of Sergeant shall, if the ranks within the Police Force are altered (whether in consequence of the re-organisation or replacement of an existing part of the Force or the creation of an additional part), be construed as references to such rank or ranks as may be specified by the Police Service Commission by Order published in the Official Gazette, being a rank or ranks that in the opinion of the Commissioner most nearly correspond to the rank of Sergeant as it existed before the alteration.



PART ۳ THE PUBLIC SERVICE BOARD OF APPEAL


۱۰۶: CONSTITUTION OF BOARD, ETC.


۱. There shall be a Public Service Board of Appeal for Antigua and Barbuda (in this Part referred to as the Board) which shall consist of-

a. a chairman appointed by the Governor-General acting in his discretion;

b. two members appointed by the Governor-General acting in accordance with the advice of the Prime Minister who shall, before tendering that advice to the Governor-General, consult with the Leader of the Opposition;

c. one member appointed by the Governor-General after consultation with the appropriate bodies representing the public service; and

d. one member appointed by the Governor-General after consultation with the appropriate body representing members of the Police Force.

۲. The provisions of subsections (۲) to (۸) inclusive of section ۹۹ of this Constitution shall apply in relation to the Board as they apply in relation to the Public Service Commission except that, in so applying subsection (۸) of that section, the provision whereby the Governor-General acts in accordance with the advice of the Prime Minister shall be read as a provision whereby the Governor-General acts in his discretion.

۳. If at any time any member of the Board is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the person upon whose advice that member was appointed or, as the case may be, after consultation with the body that he had consulted before appointing that member, may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General acting in accordance with such advice or, as the case may be, after such consultation as above in this subsection:

Provided that the Prime Minister shall consult the Leader of the Opposition before tendering any advice to the Governor-General under this subsection in respect of the appointment of any person to act for any member of the commission appointed under paragraph (b) of the subsection (۱) of this section.

۴. The Board shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

۵. In this section-

"the appropriate bodies representing the public service" means the Antigua and Barbuda Civil Service Association or such other body representing the interests of public officers as the Governor-General may designate;

"the appropriate body representing members of the Police Force" means the Police Welfare Association or such other body representing the interests of members of the Police Force as the Governor-General may designate.


۱۰۷: APPEALS IN DISCIPLINARY CASES.


۱. This section applies to-

a. any decision of the Governor-General acting in accordance with the advice of the Public Service Commission, or any decision of the Public Service Commission, to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section ۱۰۰(۲) of this Constitution);

b. any decision of any person to whom powers are delegated under section ۱۰۰(۲) of this Constitution to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the Public Service Commission);

c. any decision of the Public Service Commission to give such concurrence as is required by section ۱۱۰(۱) or (۲) of this Constitution in relation to the refusal, withholding, reduction in amount or suspending of any pensions benefits in respect of an officer"s service as a public officer;

d. any decision of the Police Service Commission to remove a member of the Police Force from office or o exercise disciplinary control over such a member under section ۱۰۵(۱) of this Constitution;

e. if it is so provided by Parliament, any decision of the Commissioner of Police under subsection (۵) of section ۱۰۵ of this Constitution, or of a person to whom powers are delegated under subsection (۶) of that section, to remove a police officer from office or to exercise disciplinary control over a police officer;

f. such decisions with respect to the discipline of any military, naval or air force of Antigua and Barbuda as may be prescribed by Parliament.

۲. Subject to the provisions of this section an appeal shall lie to the Board from any decision to which this section applies at the instance of the public officer, police officer or member of the naval, military or air force in respect of whom the decision is made:

Provided that in the case of any such decision as is referred to in subsection (۱) (e) if this section, an appeal shall lie in the first instance to the Police Service Commission if it is so provided by Parliament, in which case the Commission shall have the like powers as are conferred on the Board by subsection (۱) of section ۱۰۸ of this Constitution.


۱۰۸: POWERS AND PROCEDURE OF BOARD.


۱. Upon an appeal under section ۱۰۷ of this Constitution or any law enacted in pursuance of that section, the Board may affirm or set aside the decision appealed against or make any other decision which the authority or person from which the appeal lies could have made.

۲. Every decision of the Board shall require the concurrence of a majority of all the members of the Board entitled to participate in the proceedings of the Board for the purpose of making that decision.

۳. Subject to the provisions of subsection (۲) of this section, the Board may by regulation make provision for-

a. the procedure of the Board;

b. the procedure in appeals under this Part;

c. excepting from that provisions of section ۱۰۷(۱) of this Constitution decisions in respect of public officers holding offices whose emoluments do not exceed such sums as may be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be so prescribed.

۴. Regulations made under this section may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or any authority of the Government for the purpose of the exercise of the functions of the Board.

۵. The Board may, subject to the provisions of this section and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member.



PART ۴ PENSIONS


۱۰۹: PENSIONS LAWS AND PROTECTION OF PENSIONS RIGHTS.


۱. The law to be applied with respect to any pensions benefits that were granted to any person before ۱st November ۱۹۸۱ shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.

۲. The law to be applied with respect to any pensions benefits (not being benefits to which subsection (۱) of this section applies) shall-

a. in so far as those benefits are wholly in respect of a period of service as a judge or officer of the Supreme Court or a public officer that commenced before ۱st November ۱۹۸۱, be the law that was in force on that date; and

b. in so far as those benefits are wholly or partly in respect of a period of service as a judge or officer of the Supreme Court or a public office that commenced after ۳۱st October ۱۹۸۱, be the law in force on the date on which that period of service commenced, or any law in force at a later date that is not less favourable to that person.

۳. Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall for the purposes of this section, be deemed to be more favourable to him than the other law or laws.

۴. All pensions benefits shall (except to the extent that they are by law charged upon and duly paid out of some other fund) be a charge on the Consolidated Fund.

۵. In this section "pensions benefits" means any pensions, compensations, gratuities or other like allowances for persons in respect of their service as judges or officers of the Supreme Court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service.

۶. References in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits.

۷. In this section references to service as a judge are references to service as a judge of the Supreme Court and references to service as a public officer include service in an office established under section ۱۲ of the Supreme Court Order.


۱۱۰: POWER TO WITHHOLD PENSIONS ETC.


۱. Where under any law any person or authority has a discretion-

a. to decide whether or not any pensions benefits shall be granted; or

b. to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the Public Service Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.

۲. Where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the Public Service Commission concurs in his being granted benefits of a smaller amount.

۳. The Public Service Commission shall not concur under subsection (۱) or subsection (۲) of this section in any action taken on the ground that any person who holds or has held the office of a judge of the Supreme Court, Director of Public Prosecutions or Director of Audit or Supervisor of Elections has been guilty of misbehaviour in that office unless he has been removed from that office by reason of such misbehaviour.

۴. Before the Public Service Commission concurs under subsection (۱) or subsection (۲) of this section in any action taken on the ground that any person (who holds or has held any office to which, at the time of such action, section ۱۰۳ of this Constitution applies) has been guilty of misbehaviour in that office, the Public Service Commission shall consult the Judicial and Legal Services Commission.

۵. In this section "pensions benefits" means any pensions, compensations, gratuities or other like allowances for persons in respect of their service as judges or officers of the Supreme Court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service.

۶. In this section references to service as a public officer include service in an office established under section ۱۲ of the Supreme Court Order.



CHAPTER VIII CITIZENSHIP

۱۱۱: BELONGER STATUS.


On and after ۱st November ۱۹۸۱ a person shall, for the purposes of any law, be regarded as belonging to Antigua and Barbuda if, and only if, he is a citizen.


۱۱۲: PERSONS WHO AUTOMATICALLY BECOME CITIZENS AT COMMENCEMENT OF THIS CONSTITUTION.


The following persons shall become citizens on ۱st November ۱۹۸۱-

every person who, having been born in Antigua, was on ۳۱st October ۱۹۸۱, a citizen of the United Kingdom and Colonies;

a. every person born outside Antigua if either of his parents or any one of his grandparents was born therein or was registered or naturalised while resident in Antigua;

b. every person who on ۳۱st October ۱۹۸۱ was a citizen of the United Kingdom and Colonies-

i. having become such a citizen under the British Nationality Act ۱۹۴۸ by virtue of his having been naturalised while resident in Antigua as a British subject before the Act came into force; or

ii. having while resident in Antigua become such a citizen by virtue of his having been naturalised or registered under that Act;

c. every person who, having been born outside Antigua was on ۳۱st October ۱۹۸۱ a citizen of the United Kingdom and Colonies and if his father or mother becomes, or would but for his or her death or the renunciation of his or her citizenship of the United Kingdom and Colonies have becomes, a citizen by virtue of paragraph (a), (b) or (c) of this section;

d. every woman who, having been married to a person who becomes, or but for his death or the renunciation of his citizenship of the United Kingdom and Colonies, would have become a citizen by virtue of paragraph (a), (b), (c) or (d) of this section, was a citizen of the United Kingdom and Colonies on ۳۱st October ۱۹۸۱;

e. every person who on ۳۱st October ۱۹۸۱ was under the age of eighteen years and is the child, stepchild, or child adopted in a manner recognised by law, of such a person as is mentioned in any of the preceding paragraphs of this section.


۱۱۳: PERSONS WHO AUTOMATICALLY BECOME CITIZENS AFTER COMMENCEMENT OF THIS CONSTITUTION.


The following persons shall become citizens at the date of their birth on or after ۱st November ۱۹۸۱-

a. every person born in Antigua and Barbuda: Provided that a person shall not become a citizen by virtue of this paragraph if at the time of his birth-

i. neither of his parents is a citizen and either of them possess such immunity from suit and legal process as is accorded to the envoy of a foreign sovereign power accredited to Antigua and Barbuda; or

ii. either of his parents is a citizen of a country with which Her Majesty is at war and the birth occurs in a place then under occupation by that country;

b. every person born outside Antigua and Barbuda if at the date of his birth wither of his parents is or would have been but for that parent"s death, a citizen by virtue of section ۱۱۲ of this Constitution or paragraph (a) of this section;

c. every person born outside Antigua and Barbuda if at the date of his birth either of his parents is, or would have been but for that parent"s death, a citizen employed in service under the Government or under an authority of the Government that requires him or her to reside outside Antigua and Barbuda for the proper discharge of his or her functions.


۱۱۴: PERSONS ENTITLED TO CITIZENSHIP BY REGISTRATION AFTER COMMENCEMENT OF THIS CONSTITUTION.



۱. Subject to the provisions of paragraph (e) of section ۱۱۲ and of section ۱۱۷ of this Constitution, the following persons shall be entitled, upon making application, to be registered on or after ۱st November ۱۹۸۱-

a. any person who, on ۳۱st October ۱۹۸۱-

i. married to a person who becomes a citizen by virtue of section ۱۱۲ of this Constitution; or

ii. was married to a person who, having died before ۱st November ۱۹۸۱, would have but for his or her death, become a citizen by virtue of that section:

Provided that such person is not, or was not at the time of the death of the spouse, living apart from the spouse under a decree of a competent court or a deed of separation;

b. any person who-

i. was married to a person who is or becomes a citizen; or

ii. was married to a person who was or, but for his or her death, would have become a citizen:

Provided that no application shall be allowed from such person before the marriage has subsisted for upwards of three years and that such person is not, or was not at the time of the death of the spouse, living apart from the spouse under a decree of a competent court or a deed of separation;

iii. every person being a Commonwealth citizen who on ۳۱st October ۱۹۸۱ was domiciled in Antigua and had been ordinarily resident therein for a period of not less than seven years preceding that day;

iv. any person who being a Commonwealth citizen is domiciled in Antigua and Barbuda and has for a period of not less than seven years immediately preceding his application been lawfully ordinarily resident in Antigua and Barbuda (whether or not that period commenced before ۱st November ۱۹۸۱);

c. any person who, but for having renounced his citizenship of the United Kingdom and Colonies in order to qualify for the acquisition or retention of the citizenship of another country, would have become a citizen on ۱st November ۱۹۸۱;

d. any person who, having been a citizen, had to renounce his citizenship in order to qualify for the acquisition or retention of the citizenship of another country;

e. any person under the age of eighteen years who is the child, stepchild or child adopted in a manner recognised by law of a citizen or is the child, stepchild or child so adopted of a person who is or would but for his death have been entitled to be registered as a citizen under this subsection.

۲. An application under this section shall be made in such manner as may be prescribed as respects that application by or under a law enacted by Parliament and, in the case of a person to whom subsection (۱) (f) of this section applies, it shall be made on his behalf by his parent or guardian:

Provided that if the person to whom subsection (۱) (f) of this section applies is or has been married, the application may be made by that person.


۱۱۵: DUAL CITIZENSHIP


۱. A person, who on ۱st November ۱۹۸۱, is a citizen or entitled to be registered as such and is also a citizen of some other country or entitled to be registered as such shall not solely on the ground that he is or becomes a citizen of that country, be-

a. deprived of his citizenship;

b. refused registration as a citizen; or

c. required to renounce his citizenship of that other country, by or under any law.

۲. A person referred to in subsection (۱) of this section shall not-

a. be refused a passport of Antigua and Barbuda or have such a passport withdrawn, cancelled, or impounded solely on the ground that he is in possession of a passport issued by some other country of which he is a citizen; or

b. be required to surrender or be prohibited from acquiring a passport issued by some other country of which he is a citizen before being issued with a passport of Antigua and Barbuda or as a condition of retaining such a passport.


۱۱۶: POWERS OF PARLIAMENT.


۱. Without prejudice to and subject to the provisions of sections ۱۱, ۱۱۲, ۱۱۳, ۱۱۴ and ۱۱۵ of this Constitution, Parliament may, pursuant to the provisions of this section, make provision for the acquisition of citizenship by registration.

۲. An application for registration under this section may be refused by the Minister responsible for the matter in any case in which he is satisfied that there are reasonable grounds for refusing the application in the interests of defence, public safety, public morality or public order.

۳. There shall be such provision as may be made by Parliament-

a. for the acquisition of citizenship of Antigua and Barbuda by persons who are not eligible or who are no longer eligible to become citizens under the provisions of this Chapter;

b. for the renunciation by any person of his citizenship;

c. for the certification of citizenship for persons who had acquired that citizenship and who desire such certification; and

d. for depriving of his citizenship any person who is a citizen by virtue of registration if such registration as a citizen was obtained by false representation or fraud or willful concealment of material facts or if he is convicted in Antigua and Barbuda of an act of treason or sedition;

Provided that any law enacted for the purposes of paragraph (d) of this section shall include provisions under which the person concerned shall have a right of appeal to a court of competent jurisdiction or other independent authority and shall be permitted to have legal representation of his own choice.


۱۱۷: OATH OF ALLEGIANCE.


Any person not already owing allegiance to the Crown who applies for registration under section ۱۱۴ of this Constitution shall before such registration, take the oath of allegiance.


۱۱۸: INTERPRETATION.


۱. Any reference in this Chapter to the national status of the father of a person at the time of that person"s birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the father at the time of the father"s death; and where that death occurred before ۱st November ۱۹۸۱ the national status that the father would have had if he had died on that day shall be deemed to be his national status at the time of his death:

Provided that in the case of a child born out of wedlock references to the mother shall be substituted for such references to the father.

۲. In this Chapter-

"child" includes a child born out of wedlock and not legitimated;

"father", in relation to a child born out of wedlock and not legitimated, includes a person who acknowledges and can show that he is the father of the child or has been found by a court of competent jurisdiction to be the father of the child;

"parent" includes the mother of a child born out of wedlock.

۳. For the purposes of this Chapter, a person born aboard a registered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.


CHAPTER IX JUDICIAL PROVISIONS

۱۱۹: ORIGINAL JURISDICTION, HIGH COURT CONSTITUTION QUESTIONS.


۱. Subject to the provisions of sections ۲۵(۲), ۴۷(۸)(b), ۵۶(۴), ۶۵(۵), ۱۲۴(۷)(b) and ۱۲۴ of this Constitution, any person who alleges that any provision of this Constitution (other than a provision of Chapter II) has been or is being contravened may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this section.

۲. The High Court shall have jurisdiction on an application made under this section to determine whether any provision of this Constitution (other than a provision of Chapter II) has been or is being contravened and to make a declaration accordingly.

۳. Where the High Court makes a declaration under this section that a provision of this Constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the High Court may grant to that person such remedy as it considers appropriate, being a remedy available generally under any law in proceedings in the High Court.

۴. The Chief Justice may make provision, or authorise the making of provision, with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on the court by or under this section, including provision with respect to the time within which any application under this section may be made.

۵. A person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this Constitution alleged by him is such as to affect his interests.

۶. The rights conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this Constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any other law or any rule of law.

۷. Nothing in this section shall confer jurisdiction on the High Court to hear or determine any such question as is referred to in section ۴۴ of this Constitution.


۱۲۰: REFERENCE OF CONSTITUTIONAL QUESTIONS TO HIGH COURT.


۱. Where any question as to the interpretation of this Constitution arises in any court of law established for Antigua and Barbuda (other than the Court of Appeal, the High Court or a court-martial) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the High Court.

۲. Where any question is referred to the High Court in pursuance of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of an appeal to the Court of Appeal or Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, Her Majesty in Council.


۱۲۱: APPEALS TO COURT OF APPEAL.


Subject to the provisions of section ۴۴ of this Constitution, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following cases-

a. final decisions in any civil or criminal proceedings on questions as to the interpretation of this Constitution;

b. final decisions given in exercise of the jurisdiction conferred on the High Court by section ۱۸ of this Constitution (which relates to the enforcement of the fundamental rights and freedom); and

c. such other cases as may be prescribed by Parliament.


۱۲۲: APPEALS TO HER MAJESTY IN COUNCIL.


۱. An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases-

a. final decisions in any civil proceedings where the matter in dispute on the appeal to Her Majesty in Council is of the prescribed value or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the prescribed value or upwards;

b. final decisions in proceedings for dissolution or nullity of marriage;

c. final decisions in any civil or criminal proceedings which involve a question as to the interpretation of this Constitution; and

d. such other cases as may be prescribed by Parliament.

۲. Subject to the provision of section ۴۴(۸) of this Constitution, an appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council with the leave of the Court of Appeal in the following cases-

a. decisions in any civil proceedings where in the opinion of the Court of Appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to Her Majesty in Council; and

b. such other cases as may be prescribed by Parliament.

۳. An appeal shall lie to Her Majesty in Council with the special leave of Her Majesty from any decision of the Court of Appeal in any civil or criminal matter.

۴. Reference in this section to decisions of the Court of Appeal shall be construed as references to decisions of the Court of Appeal in exercise of the jurisdiction conferred upon that court by this Constitution or any other law for the time being in force.

۵. In this section the prescribed value means the value of fifteen hundred dollars or such other value as may be prescribed by Parliament.



CHAPTER X MISCELLANEOUS

۱۲۳: LOCAL GOVERNMENT.


۱. There shall be a Council for Barbuda which shall be the principal organ of local government in that island.

۲. The Council shall have such membership and functions as Parliament may prescribe.

۳. Parliament may alter any of the provisions of the Barbuda Local Government Act, ۱۹۷۶, specified in schedule ۲ 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.

۴. 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.

۵. An amendment made by the Senate to such a bill as is referred to in subsection (۴) 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 ۵۵ 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.

۶. For the purpose of section ۵۵ (۴) 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.

a. 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 (۴), (۵) or (۶), as the case may be, of this section have been complied with.

b. 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 (۴), (۵) or (۶), as the case may be, of this section have been complied with and shall not be enquired into in any court of law.


۱۲۴: 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.


۱۲۵: RESIGNATIONS.


۱. 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-

a. 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

b. 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.

۲. 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.


۱۲۶: REAPPOINTMENTS AND CONCURRENT APPOINTMENTS.


۱. 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.

۲. 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.




۱۲۷: INTERPRETATION.


۱. 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;

"financial year" means any period of twelve months beginning on ۱st 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 ۳ 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 ۳ to this Constitution;

"oath of secrecy" means the oath of secrecy set out in schedule ۳ to this Constitution;

"Parliament" means the Parliament of Antigua and Barbuda;

"the Police Force" means the Police Force established by the Police Act(a) 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;

۲. In this Constitution references to an office in the public service shall not be construed as including-

a. 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;

b. 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;

c. references to the office of a judge or officer of the Supreme Court;

d. 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.

۳. In this Constitution-

a. references to this Constitution, the Supreme Court Order, the British Nationality Act ۱۹۴۸ or the Barbuda Local Government Act, ۱۹۷۶, or any provision thereof, include references to any law altering this Constitution or that Order, Act or provision, as the case may be;

b. 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;

c. references to the Chief Justice have the same meaning as in the Supreme Court Order;

d. references to a judge of the Supreme Court are references to a judge of the High Court or Court of Appeal and, unless the context otherwise requires, includes references to a judge of the former Supreme Court of the Windward Islands and Leeward Islands; and

e. 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.

۴. 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.

۵. 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.

۶. 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 therefore.

۷. 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-

a. nothing in this subsection shall be construed as conferring on any person or authority the power to require the Director of Public Persecutions, the Director of Audit or the Supervisor of Elections to retire from the public service; and

b. 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.

۸. 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.

۹. 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.

۱۰. 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.

۱۱. Without prejudice to the provisions of section ۱۴ of the Interpretation Act ۱۹۷۸(a) (as applied by subsection (۱۶) 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.

۱۲. Subject to the provisions of subsection ۳(a) of this section any reference in this Constitution to a law made before ۱st November ۱۹۸۱ shall, unless the context otherwise requires, be construed as a reference to that law as it had effect on ۳۱st October ۱۹۸۱.

۱۳. In this Constitution references to altering this Constitution or any other law, or any provision thereof, include references-

a. to revoking it with or without re-enactment thereof or the making of different provision in lieu thereof;

b. to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and

c. to suspending its operation for any period or terminating any such suspension.

۱۴. 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.

۱۵. In relation to all matters previous to ۱st November ۱۹۹۸۱ 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:-

a. to the associated state of Antigua as respects the period from ۲۷th February ۱۹۶۷ to ۳۱st October ۱۹۸۱;

b. to the colony of Antigua as respects the period from ۱st July ۱۹۵۶ to ۲۶th February ۱۹۶۷; and

c. to the presidency of Antigua comprised in the colony of the Leeward Islands as respects the period from ۵th March ۱۸۷۲ to ۳۰th June ۱۹۵۶.

۱۶. The Interpretation Act ۱۹۷۸ 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.



SCHEDULE ۱

TO THE CONSTITUTION


PART ۱

THE PROVISIONS OF THE CONSTITUTION REFERRED TO IN SECTION ۴۷(۵)


Chapter II; Chapter VI; Sections ۲۲, ۲۳, ۶۸ and ۸۰; Sections ۲۷, ۲۸, ۳۶, ۴۰, ۴۴, ۴۶, ۵۲, ۵۴, ۵۷, ۵۸, ۵۹, ۶۰, ۶۱, ۶۲, ۶۳, ۶۴ and ۶۵. Chapter VII (except sections ۱۰۶, ۱۰۷ and ۱۰۸); Chapter VIII; Chapter I; Section ۱۲۳; Section ۱۲۷ in its application to any of the provisions mentioned in the foregoing items of this part.


PART II THE PROVISIONS OF THE SUPREME COURT ORDER REFERRED TO IN SECTION ۴۷ (۵)


Sections ۴, ۵, ۶, ۸, ۱۱, ۱۸ and ۱۹.


SCHEDULE ۲

TO THE CONSTITUTION

Section ۱۲۳(۳) to (۷)


PROVISIONS OF THE BARBUDA LOCAL GOVERNMENT ACT, ۱۹۷۶

REFERRED TO IN SECTION ۱۲۳(۳) TO (۷)


Sections ۱ to ۴۴ and the First Schedule


SCHEDULE ۳

TO THE CONSTITUTION

Section ۱۲۷(۱)


OATH (OR AFFIRMATION) OF ALLEGIANCE

I, ___________, do swear (or solemnly affirm) that I will faithfully bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law.

So help me God. (To be omitted in affirmation).


OATH (OR AFFIRMATION) OF OFFICE

I, ___________, do swear (or solemnly affirm) that I will honour, uphold and preserve the Constitution of Antigua and Barbuda and the law, that I will conscientiously, impartially and to the best of my ability discharge my duties as and do right to all manner of people without fear or favour, affection or ill-will.

So help me God. (To be omitted in affirmation).


OATH (OR AFFIRMATION) OF OFFICE

I, ___________, do swear (or solemnly affirm) that I will not on any account, at any time whatsoever, disclose any counsel, advice, opinion or vote given by any Minister as a member of the Cabinet and that I will not, except with the authority of the Cabinet and to such extent as may be required for the proper conduct of the government of Antigua and Barbuda, directly or indirectly reveal the business or proceedings of the Cabinet or any matter coming to my knowledge as a member of (or Secretary to) the Cabinet.

So help me God. (To be omitted in a affirmation).


SCHEDULE ۲

TO THE ORDER

TRANSITIONAL PROVISIONS

ARRANGEMENT OF PARAGRAPHS

Paragraph

۱. Discharge of Governor-General"s functions.

۲. Existing laws.

۳. Parliament.

۴. Ministers and Parliamentary Secretaries.

۵. Office of Attorney-General.

۶. Existing public officers.

۷. Supreme Court Order.

۸. Appeals Order.

۹. Protection from deprivation of property.

۱۰. Commonwealth citizen.

۱۱. Interpretation.


۱: DISCHARGE OF GOVERNOR-GENERAL"S FUNCTIONS.


Until such time as a person has assumed office as Governor-General having been appointed as such in accordance with section ۲۲ of the Constitution, the person who on ۳۱st October ۱۹۸۱ held office as Governor of Antigua (or, if there is no such person, the person who was then acting as Governor) shall discharge the functions of the office of Governor-General.


۲: EXISTING LAW.


۱. The existing laws shall, as from ۱st November ۱۹۸۱, be construed with such modifications, adaptations, qualifications, and exceptions as may be necessary to bring them into conformity with the Constitution and the Supreme Court Order.

۲. Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this paragraph), that prescription or provision shall, as from ۱st November ۱۹۸۱, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessity to bring it into conformity with the Constitution and the Supreme Court Order) as if it has been made under the Constitution by ۴Parliament or, as the case may require, by the other authority or person.

۳. The Governor-General may by order made at any time before ۱st November ۱۹۸۲ make such alterations to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of the Constitution and the Supreme Court Order or otherwise for giving effect or enabling effect to be given to those provisions.

۴. The provisions of this paragraph shall be without prejudice to any powers conferred by the Constitution or by any other law upon any person or authority to make provision for any matter, including the alteration of any existing law.

۵. For the purposes of this paragraph the expression "existing law" means any Act, Ordinance, rule, regulation, order or other instrument made in pursuance of or continued in force by or under the former Constitution and having effect as part of the law of Antigua on ۳۱st October ۱۹۸۱ and includes any Act of the Parliament of the United Kingdom or Order in Council or other instrument made under any such Act (except this Order and the Supreme Court Order) to the extent that it so had effect on that date.



۳: PARLIAMENT.


۱. Until their boundaries are altered in pursuance of section ۶۵ of the Constitution, the boundaries of the constituencies shall, for the purpose of the election of members of the House, be the same as those of the constituencies into which Antigua was divided on ۳۱st October ۱۹۸۱ for the purpose of the election of members of the House of Representatives under the former Constitution and those boundaries shall be deemed to have been established under that section.

۲. The persons who, on ۳۱st October ۱۹۸۱ were elected members of the House of Representatives under the former Constitution shall, as from ۱st November ۱۹۸۱, be deemed to have been elected in pursuance of the provisions of section ۳۶ of the Constitution in the respective constituencies corresponding to the constituencies by which they were returned to the House and shall hold their seats in the House in accordance with the provisions of the Constitution.

۳. The persons who, on ۳۱st October ۱۹۸۱ were members of the Senate under the former Constitution, shall, as from ۱st November ۱۹۸۱, be deemed to have been appointed Senators in pursuance of Section ۲۸ of the Constitution and shall hold their seats as Senators in accordance with the provisions of the Constitution.

۴. The persons who, on ۳۱st October ۱۹۸۱ were respectively the President and Vice-President of the Senate, the Speaker and Deputy Speaker of the House of Representatives and, the Attorney-General shall be deemed as from the commencement of the Constitution to have been elected as President and Vice-President, Speaker and Deputy Speaker, or, as the case may be, appointed as Attorney-General in accordance with the provisions of the Constitution and shall hold office in accordance with those provisions.

۵. Until Parliament otherwise provides any person who holds or acts in any office the holding of which would, immediately before the commencement of the Constitution, have disqualified him for membership of the Senate or of the House of Representatives under the former Constitution shall be disqualified to be appointed as a Senator or elected as a member of the House as though provisions in that behalf had been made in pursuance of sections ۳۰ and ۳۹ respectively of the Constitution.

۶. The Standing Orders of the Senate or the House of Representatives under the former Constitution as in force on ۳۱st October ۱۹۸۱ shall, until it is otherwise provided under section ۵۷(۱) of the Constitution, be the rules of procedure of the Senate or the House, as the case may be, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.

۷. For the purposes of section ۶۰ of the Constitution, the first sitting of Parliament shall be deemed to have taken place (after a dissolution) on ۸th May ۱۹۸۰ (that is to say, the date on which the Parliament established by the former Constitution first sat after its most recent dissolution).

۸. Any person who, by virtue of this paragraph, is deemed as from ۱st November ۱۹۸۱ to hold any seat or office in the Senate or the House shall be deemed to have taken and subscribed any necessary oath for these purposes under the Constitution.

۹. For the purposes of sections ۶۳ and ۶۴ of the Constitution, the Constituencies Boundaries Commission shall be deemed to have carried out a review and to have submitted the relevant report thereon on the ۱st October ۱۹۷۹ (that is to say, the date of the last Order made by the Governor under section ۵۹ of the former Constitution giving effect to the last report of the Commission submitted in accordance with the provisions of the former Constitution).


۴: MINISTERS AND PARLIAMENTARY SECRETARIES.


۱. The person who, on ۳۱st October ۱۹۸۱, held the office of Premier under the former Constitution shall, as from ۱st November ۱۹۸۱, hold office as Prime Minister as if he had been appointed thereto under section ۶۹ of the Constitution.

۲. The persons who, on ۳۱st October ۱۹۸۱, held office as Ministers (other than the Premier) or as Parliamentary Secretaries under the former Constitutionshall, as from ۱st November ۱۹۸۱, hold the like offices as if they had been appointed thereto under section ۶۹ or, as the case may be, section ۷۵ of the Constitution.

۳. Any person holding the office of Prime Minister or other Minister by virtue of the provisions of sub-paragraphs (۱) and (۲) of this paragraph who, on ۳۱st October ۱۹۸۱, was charged under the former Constitution with responsibility for any matter or any department of Government, shall, as from ۱st November ۱۹۸۱, be deemed to have been assigned responsibility for the matter or department under section ۷۱ of the Constitution.


۵: OFFICE OF ATTORNEY-GENERAL.


Until Parliament or, subject to the provisions of any law enacted by Parliament, the Governor-General, acting in accordance with the advice of the Prime Minister, otherwise provides, the office of Attorney-General shall be that of a Minister.


۶: EXISTING PUBLIC OFFICERS.


Subject to the provisions of the Constitution, every person who immediately before the commencement of the Constitution held or was acting in a public office under the former Constitution shall, as from the commencement of the Constitution, continue to hold or act in that office or the corresponding office established by the Constitution as if he had been appointed thereto in accordance with the provisions of the Constitution:

Provided that any person who under the former Constitution or any other law in force immediately before such commencement would have been required to vacate his office at the expiration of any period shall vacate his office at the expiration of that period.


۷: SUPREME COURT ORDER.


The West Indies Associated States Supreme Court Order ۱۹۶۷(a), in so far as it has effect as a law, may be cited as the Supreme Court Order and for the purposes of the Order or any other law --

a. the Supreme Court established by the Order shall, unless Parliament otherwise provides, be styled the Eastern Caribbean Supreme Court; and

b. references in the Order to the Premier of Antigua or to the Premier of any independent State shall be construed as references to the Prime Minister of Antigua and Barbuda or, as the case may be, to the Prime Minister of that other State.


۸: APPEALS ORDER.


The West Indies Associated States (Appeals to Privy Council) Order ۱۹۶۷(b) may, in its application to Antigua and Barbuda, be cited as the Antigua and Barbuda Appeals to Privy Council Order and shall, to the extent that it has effect as a law, have effect as if the expression "Courts Order" included any law altering the Supreme Court Order and as if section ۳ were revoked.


۹: PROTECTION FROM DEPRIVATION OF PROPERTY.


Nothing in section ۹ of the Constitution shall effect the operation of any law in force immediately before ۲۷th February ۱۹۶۷ or any law made on or after that date that alters a law in force immediately before that date and does not --

a. add to the kinds of property that may be taken possession of or the rights over and interests in property that may be acquired;

b. make the conditions governing entitlement to compensation or the amount thereof less favourable to any person owning or having an interest in the property; or

c. deprive any person of such right as is mentioned in subsection (۲) of that section.


۱۰: COMMONWEALTH CITIZEN.


Until such time as Parliament otherwise prescribes, the expression "Commonwealth citizen" shall have the meaning assigned to it by the British Nationality Act ۱۹۴۸.


۱۱: INTERPRETATION


۱. In this schedule -

"the Constitution" means the Constitution set out in Schedule ۱ to this Order;

"the former Constitution" means the Constitution of Antigua as in force on ۳۱st October ۱۹۸۱.

۲. The provisions of section ۱۲۷ of the Constitution shall apply for the purposes of interpreting this schedule and otherwise in relation thereto as they apply for the purposes of interpreting and in relation to the Constitution



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