Constitution of St. Lucia - Cap.1.01

SAINT LUCIA
CHAPTER 1.01 CONSTITUTION OF SAINT LUCIA

Revised Edition Showing the law as at 31 December 2006
This is a revised edition of the law, prepared by the Law evision !ommissioner "nder the a"thority of the evised #dition of the Laws $ct% This edition contains a consolidation of the following laws&
CONSTITUTION OF SAINT LUCIA Stat"tory 'nstr"ment 1()* +o% 1(01 ,-%.%/, Sched"le 1 %% in force 22 0ebr"ary 1()( $mended by $ct 1) of 1(*0 in force 26 September 1(*0 HOUSE OF ASSEMBLY (REVIE Se$tion %& OF CONSTITUENCY BOUN!ARIES" OR!ERS #
Stat"tory 'nstr"ment 3(11()3 %% in force 30 +ovember 1()3 ,S%'%2211()3/ Stat"tory 'nstr"ment (11(*) in force 11 3arch 1(*) ,S%'%1111(*)/ Stat"tory 'nstr"ment 4112001 in force 12 +ovember 2001 ,S%'%12312001/ PUBLIC SERVICE BOAR! OF APPEAL RE'ULATIONS # Se$tion () Stat"tory 'nstr"ment 2111(*2 %% in force 2) 3arch 1(*2 ,5a6ette notice 22)11(*2/
SAINT LUCIA CONSTITUTION OR!ER #
est Indies A$t o* t+e United ,in-do. 1()/
Stat"tory 'nstr"ment 1()* +o% 1(01 ,-%.%/ %% in force 22 0ebr"ary 1()( LETTERS PATENT 5a6ette +otice (6311(*6%% in force 13 December 1(*6 5a6ette +otice (6211(*6%% in force 13 December 1(*6 5a6ette +otice (6411(*6%% in force 13 December 1(*6 5a6ette +otice ()111(*6%% in force 13 December 1(*6 5a6ette +otice ()211(*6%% in force 13 December 1(*6 5a6ette +otice ()411(*6%% in force 13 December 1(*6
Laws of Saint L"cia

Revision !0te2 31 !e$ 400)
Constitution of Saint Lucia
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ARRANGEMENT OF SECTIONS
Section
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
12
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1. Fundamental rights and freedoms.........................................................................12 2. Protection of right to life.........................................................................................12 3. Protection of right to personal liberty.....................................................................13 4. Protection from slavery and forced labour.............................................................16 5. Protection from inhuman treatment.......................................................................16 6. Protection from deprivation of property.................................................................16 7. Protection from arbitrary search or entry...............................................................2 !. Provisions to secure protection of la"...................................................................21 #. Protection of freedom of conscience.....................................................................24 1 . Protection of freedom of e$pression....................................................................25 11. Protection of freedom of assembly and association............................................26 12. Protection of freedom of movement....................................................................26 13. Protection from discrimination on the grounds of race% etc.................................2! 14. &mergency po"ers..............................................................................................3 15. Protection of persons detained under emergency la"s......................................3 16. &nforcement of protective provisions..................................................................31 17. 'eclaration of emergency...................................................................................33 1!. (nterpretation and savings...................................................................................34
CHAPTER II
THE GOVERNOR GENERAL
35
35
1#. &stablishment of office........................................................................................35 2 . )cting *overnor *eneral.....................................................................................35 21. +aths 36 22. 'eputy to *overnor *eneral...............................................................................36
CHAPTER III
PARLIAMENT
37
37
PART 1
37
,omposition of Parliament........................................................................................37 23. &stablishment......................................................................................................37
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-he .enate................................................................................................................37 24. ,omposition........................................................................................................37 25. /ualifications.......................................................................................................3! 26. 'is0ualifications..................................................................................................3! 27. -enure of office...................................................................................................4 2!. (nability................................................................................................................ 41 2#. President and 'eputy President..........................................................................42 -he 1ouse of )ssembly............................................................................................43 3 . ,omposition........................................................................................................43 31. /ualifications for election....................................................................................44 32. 'is0ualifications for election................................................................................44 33. &lections..............................................................................................................46 34. -enure of office...................................................................................................47 35. .pea2er...............................................................................................................4! 36. 'eputy .pea2er...................................................................................................5 37. 3esponsibility for elections..................................................................................51 *eneral provisions....................................................................................................51 3!. ,ler2s of .enate and 1ouse of )ssembly and their staff....................................52 3#. 'etermination of 0uestions of membership.........................................................52
PART 2
LEGISLATION AND PROCEDURE OF PARLIAMENT
53
53
4 . Po"er to ma2e la"s............................................................................................53 41. )lteration of ,onstitution and .upreme ,ourt +rder...........................................53 42. Freedom of speech.............................................................................................56 43. +ath by 4embers................................................................................................56 44. Presiding.............................................................................................................56 45. 5oting 57 46. Penalty for sitting if un0ualified............................................................................5! 47. 4ode of e$ercise of legislative po"er.................................................................5! 4!. 3estrictions "ith regard to certain financial measures........................................5! 4#. 3estrictions on po"ers of .enate as to money bills............................................5# 5 . 3estrictions on po"ers of .enate as to bills other than money bills...................6 51. Provision relating to ss. 4# and 5 ......................................................................61 52. .crutiny of electoral legislation............................................................................62 53. 3egulation of procedure......................................................................................62
PART 3
SUMMONING PROROGATION AND DISSOLUTION
62
62
54. .essions..............................................................................................................62 55. Prorogation and dissolution.................................................................................63 56. 1oldings of elections...........................................................................................64
PART !
CONSTITUENC" #OUNDARIES AND ELECTORAL COMMISSIONS
65
65
57. ,onstituency 6oundaries ,ommission and &lectoral ,ommission.....................65
PART 5
DELIMITATION OF CONSTITUENCIES
67
67
5!. 3evie" of constituency boundaries.....................................................................67
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CHAPTER IV
THE E%ECUTIVE
6$
6$
5#. &$ecutive authority..............................................................................................6! 6 . 4inisters of the *overnment...............................................................................6# 61. ,abinet of 4inisters.............................................................................................7 62. )llocation of portfolios to 4inisters......................................................................71 63. Performance of functions of 4inisters during absence or illness........................71 64. &7&3,(.& of *overnor *eneral8s functions......................................................72 65. *overnor *eneral to be informed concerning matters of government................73 66. +aths to be ta2en by 4inisters% etc.....................................................................74 67. 9eader of the +pposition.....................................................................................74 6!. Parliamentary .ecretaries...................................................................................75 6#. Permanent .ecretaries........................................................................................75 7 . .ecretary to the ,abinet......................................................................................76 71. ,onstitution of offices% etc...................................................................................76 72. )ttorney *eneral.................................................................................................76 73. ,ontrol of public prosecutions.............................................................................77 74. Prerogative of mercy...........................................................................................7! 75. ,ommittee on Prerogative of mercy....................................................................7! 76. Procedure in capital cases..................................................................................7#
CHAPTER V
FINANCE
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7&
77. ,onsolidated Fund..............................................................................................7# 7!. :ithdra"als from ,onsolidated Fund or other public funds................................! 7#. )uthorisation of e$penditure from ,onsolidated Fund by appropriation la".......! ! . )uthorisation of e$penditure in advance of appropriation...................................!1 !1. ,ontingencies Fund............................................................................................!1 !2. 3emuneration of certain officers.........................................................................!2 !3. Public debt...........................................................................................................!2 !4. )udit of public accounts% etc................................................................................!3
CHAPTER VI
THE PU#LIC SERVICE
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$!
PART 1
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-he Public .ervice ,ommission................................................................................!4 !5. Public .ervice ,ommission.................................................................................!4 !6. )ppointment etc.% of public officers.....................................................................!6
PART 2
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)ppointments% etc.% to particular offices....................................................................!! !7. )ppointment% etc.% of Permanent .ecretaries and certain other officers.............!! !!. ,hief &lections +fficer.........................................................................................!# !#. 'irector of Public Prosecutions...........................................................................#1 # . 'irector of )udit...................................................................................................#3 #1. )ppointment% etc. of magistrates% registrars and legal officers............................#4
PART 3
&5
-he -eaching .ervice ,ommission...........................................................................#5 #2. -eaching .ervice ,ommission............................................................................#5 #3. )ppointment% etc.% of teachers.............................................................................#!
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PART !
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-he Police................................................................................................................. #! #4. Police Force........................................................................................................#!
PART 5
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-he Public .ervice 6oard of )ppeal..........................................................................## #5. Public .ervice 6oard of )ppeal.........................................................................1 #6. )ppeals in discipline cases...............................................................................1 2
PART 6
1'3
Pensions 1 3 #7. Pensions la"s and protection of pensions rights..............................................1 3 #!. Po"er to "ithhold pensions% etc........................................................................1 4
CHAPTER VII
CITI(ENSHIP
1'5
1'5
5 6 7 7 # #
##. Persons "ho become citi;ens on 22 February 1#7#........................................1 1 . Persons born in .aint 9ucia on or after 22 February 1#7#.............................1 1 1. Persons born outside .aint 9ucia on or after 22 February 1#7#.....................1 1 2. 3egistration.....................................................................................................1 1 3. )c0uisition% deprivation and renunciation........................................................1 1 4. (nterpretation...................................................................................................1
CHAPTER VIII
)UDICIAL PROVISIONS
1 1 1 1 1
11'
11'
5. +riginal <urisdiction of 1igh ,ourt in constitutional 0uestions........................11 6. 3eference of constitutional 0uestions to 1igh ,ourt.......................................111 7. )ppeals to ,ourt of )ppeal.............................................................................111 !. )ppeals to 1er 4a=esty in ,ouncil..................................................................112 #. (nterpretation...................................................................................................113
CHAPTER I%
PARLIAMENTAR" COMMISSIONER
113
113
11 . )ppointment% etc.% of ,ommissioner...............................................................113 111. 'eputy Parliamentary ,ommissioner..............................................................114 112. Functions of ,ommissioner.............................................................................115 113. 3estrictions on matters for investigation.........................................................116 114. 'iscretion of ,ommissioner............................................................................117 115. 3eport on investigation....................................................................................117 116. Po"er to obtain evidence................................................................................11! 117. Prescribed matters concerning ,ommissioner................................................11#
CHAPTER %
MISCELLANEOUS
12'
12'
11!. -he integrity ,ommission................................................................................12 11#. 'eclaration of assets.......................................................................................123 12 . .upreme la"...................................................................................................123 121. Functions of *overnor *eneral.......................................................................123 122. 3esignations....................................................................................................123 123. 3e>appointment and concurrent appointments...............................................124
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124. (nterpretation...................................................................................................125
SCHEDULE 1 TO THE CONSTITUTION
13'
ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER 13'
PART I
13'
PROVISIONS OF CONSTITUTION REFERRED TO IN SECTION !1*2+ 13'
PART II
13'
PROVISIONS OF THE SUPREME COURT ORDER REFERRED TO IN SECTION !1*2+ 13'

RULES CONCERNING CONSTITUENCIES
13'
13'
131
MATTERS NOT SU#)ECT TO INVESTIGATION #" PARLIAMENTAR" COMMISSIONER 131

1. .hort -itle............................................................................................................133 2. ?umber of ,onstituencies...................................................................................134 3. )pplication of +rder.............................................................................................134
SCHEDULE
13!
1. .hort -itle............................................................................................................143 2. 3evie" of ,onstituency 6oundaries....................................................................143
SCHEDULE
1!3
1. .hort title.............................................................................................................147 3. 3evie" of ,onstituency 6oundaries....................................................................147
SCHEDULE PART 1
PRELIMINAR"
1!& 162
162
1. .hort -itle............................................................................................................162 2. 'efinition.............................................................................................................162
PART 2
PROCEDURE AT MEETINGS
163
163
3. 4eetings..............................................................................................................163 4. .pecial 4eetings.................................................................................................163 5. ?otice of 4eetings and presiding at 4eetings....................................................163 6. /uorum...............................................................................................................163 7. 5oting 163 !. 4inutes 164
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PART 3
APPEALS
16!
16!
#. 3ight of )ppeal....................................................................................................164 1 . &$emption from )ppeal.....................................................................................164 11. ?otice of )ppeal and 3easons..........................................................................164 12. 6ringing )ppeal.................................................................................................165 13. *iving ?otice of )ppeal.....................................................................................165 14. ?otifications of )ppeal.......................................................................................165 15. -he 3ecord........................................................................................................166 16. -ransmitting 3ecord..........................................................................................166
PART !
SITTINGS ON APPEALS AND DECISIONS
167
167
17. 'efinition...........................................................................................................167 1!. ,onstitution of 6oard for )ppeals......................................................................167 1#. 'ecisions...........................................................................................................167 2 . ,hairperson to preside at sittings......................................................................16! 21. -ime and place of sittings..................................................................................16! 22. Publicat(on of sittings........................................................................................16! 23. ?otices of hearings of )ppeals..........................................................................16! 24. )d=ournments....................................................................................................16# 25. )ppearance of )ppellant...................................................................................16# 26. 3espondent.......................................................................................................16# 27. )bsence of )ppellant at hearing.......................................................................16# 2!. )ppeals by "ay of re>hearing............................................................................16# 2#. ?otification of decisions.....................................................................................17 3 . &$tension of time to appeal...............................................................................17 31. Procedure in matters provided for.....................................................................171 32. Failure of +fficers to abide by these 3egulations..............................................171 1. ,itation and commencement...............................................................................175 2. 3evocation..........................................................................................................176 3. &stablishment of ,onstitution..............................................................................176
SCHEDULE 1 TO THE ORDER

THE CONSTITUTION OF SAINT LUCIA
176
176
SCHEDULE 2 TO THE ORDER

TRANSITIONAL PROVISIONS
176
176
)rrangement of paragraphs....................................................................................176 1. 'ischarge of *overnor *eneral8s functions........................................................177 2. &$isting la"s........................................................................................................177 4. 4inisters and Parliamentary .ecretaries.............................................................17# 5. +ffice of )ttorney *eneral...................................................................................1! 6. &$isting public officers.........................................................................................1! 7. +aths 1! !. .upreme ,ourt +rder..........................................................................................1!1 #. )ppeals +rder.....................................................................................................1!1 1 . Protection from inhuman treatment...................................................................1!1 11. ,ommon"ealth citi;en......................................................................................1!1 12. (nterpretation.....................................................................................................1!2
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LETTERS PATENT ESTA#LISHING THE ORDER OF SAINT LUCIA
1$3
*3&&-(?*@.............................................................................................................1!3
SCHEDULE
CONSTITUTION OF THE ORDER OF SAINT LUCIA OFFICERS AND COMMITTEE OF THE ORDER
1$!
1$! 1$5
LETTERS PATENT INSTITUTING THE SAINT LUCIA PU#LIC SERVICES LONG SERVICE MEDAL 1$6
*3&&-(?*@.............................................................................................................1!6
SCHEDULE
REGULATIONS GOVERNING THE A,ARD OF THE SAINT LUCIA PU#LIC SERVICES LONG SERVICE MEDAL SHORT TITLE DESIGN OF MEDAL CONDITIONS FOR A,ARD OF MEDAL ,EARING OF MEDAL SOCIET" OF HONOUR ORDER OF SAINT LUCIA
1$7
1$7 1$7 1$7 1$7 1$$ 1$$
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(St0t5to67 Inst65.ent 1(/& No. 1(01 (U.,." S$+ed58e 1 0nd A$t 1/ o* 1(&0"
Editors note: This Constitution is Schedule 1 to the Saint Lucia Constitution Order 1978 of the United Kingdom 78# #$S the 9eople of Saint L"cia& ,a/ affirm their faith in the s"premacy of the $lmighty 5od: ,b/ believe that all persons have been endowed e;"ally by 5od with inalienable rights and dignity: ,c/ recognise that the en<oyment of these rights depends "pon certain f"ndamental freedoms namely, freedom of the person, of tho"ght, of e=pression, of comm"nication, of conscience and of association: ,d/ maintain that these freedoms can only be safeg"arded by the r"le of law: ,e/ realise that h"man dignity re;"ires respect for spirit"al val"es: for private family life and property: and the en<oyment of an ade;"ate standard of economic and social well>being dependent "pon the reso"rces of the State: ,f/ respect the principles of social <"stice and therefore believe that the operation of the economic system sho"ld res"lt in the material reso"rces of the comm"nity being so distrib"ted as to s"bserve the common good, that there sho"ld be ade;"ate means of livelihood for all, that labo"r sho"ld not be e=ploited or forced by economic necessity to operate in inh"mane conditions b"t that there sho"ld be opport"nity for advancement on the basis of recognition of merit, ability and integrity: ,g/ e=press their commitment to democracy, in partic"lar the principle of a government freely elected on the basis of "niversal ad"lt s"ffrage% ,h/ consider that individ"ally, each person has d"ties towards every other and to the comm"nity and is "nder obligation to observe and promote the rights, freedoms and val"es recognised in this constit"tion:
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pledge their s"pport for international peace and sec"rity, for friendly relations among nations and the promotion of "niversal respect for h"man rights and freedoms: and their co>operation in solving by peacef"l means international problems of an economic, social or political character: desire that this !onstit"tion shall reflect and ma?e provision for ens"ring and protecting these rights, freedoms and val"es%
+@7, T8# #0@ #, the following provisions shall have effect as the !onstit"tion of Saint L"ciaA
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
1FUNDAMENTAL RIGHTS AND FREEDOMS
7hereas every person in Saint L"cia is entitled to the f"ndamental rights and freedoms, that is to say, the right, whatever his or her race, place of origin, political opinions, colo"r, creed or se=, b"t s"b<ect to respect for the rights and freedoms of others and for the p"blic interest, to each and all of the following, namely& ,a/ life, liberty, sec"rity of the person, e;"ality before the law and the protection of the law: ,b/ freedom of conscience, of e=pression and of assembly and association: and ,c/ protection for his or her family life, his or her personal privacy, the privacy of his or her home and other property and from deprivation of property witho"t compensation, the provisions of this !hapter shall have effect for the p"rpose of affording protection to those rights and freedoms s"b<ect to s"ch limitations of that protection as are contained in those provisions, being limitations designed to ens"re that the en<oyment of the said rights and freedoms by any person does not pre<"dice the rights and freedoms of others or the p"blic interest%
2PROTECTION OF RIGHT TO LIFE
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$ person shall not be deprived of his or her life intentionally save in e=ec"tion of the sentence of a co"rt in respect of a
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criminal offence "nder any law of which he or she has been convicted% ,2/ $ person shall not be regarded as having been deprived of his or her life in contravention if he or she dies as the res"lt of the "se, to s"ch e=tent and in s"ch circ"mstances as are permitted by law, of s"ch force as is reasonably <"stifiable& ,a/ for the defence of any person from violence or for the defence of property: ,b/ in order to effect a lawf"l arrest or to prevent the escape of a person lawf"lly detained: ,c/ for the p"rpose of s"ppressing a riot, ins"rrection or m"tiny: or ,d/ in order to prevent the commission by that person of a criminal offence, or if he or she dies as the res"lt of a lawf"l act of war%
3PROTECTION OF RIGHT TO PERSONAL LI#ERT"
,1/
$ person shall not be deprived of his or her personal liberty save as may be a"thorised by law in any of the following cases, that is to say& ,a/ in conse;"ence of his or her "nfitness to plead to a criminal charge or in e=ec"tion of the sentence or order of a co"rt, whether established for Saint L"cia or some other co"ntry, in respect of a criminal offence of which he or she has been convicted: ,b/ in e=ec"tion of the order of the 8igh !o"rt or the !o"rt of $ppeal p"nishing him or her for contempt of the 8igh !o"rt or the !o"rt of $ppeal or of another co"rt or trib"nal: ,c/ e=ec"tion of the order of a co"rt made to sec"re the f"lfilment of any obligation imposed on him or her by law: ,d/ for the p"rpose of bringing him or her before a co"rt in e=ec"tion of the order of a co"rt: ,e/ "pon a reasonable s"spicion of his or her having committed, or being abo"t to commit, a criminal offence "nder any law:
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"nder the order of a co"rt or with the consent of his or her parent or g"ardian, for his or her ed"cation or welfare d"ring any period ending not later than the date when he or she attains the age of 1* years: for the p"rpose of preventing the spread of an infectio"s or contagio"s disease: in the case of a person who is, or is reasonably s"spected to be, of "nso"nd mind, addicted to dr"gs or alcohol, or a vagrant, for the p"rpose of his or her care or treatment or the protection of the comm"nity: for the p"rpose of preventing his or her "nlawf"l entry into Saint L"cia, or for the p"rpose of effecting his or her e=p"lsion, e=tradition or other lawf"l removal from Saint L"cia or for the p"rpose of restraining him or her while he or she is being conveyed thro"gh Saint L"cia in the co"rse of his or her e=tradition or removal as a convicted prisoner from one co"ntry to another: or to s"ch e=tent as may be necessary in the e=ec"tion of a lawf"l order re;"iring him or her to remain within a specified area within Saint L"cia, or prohibiting him or her from being within s"ch an area, or to s"ch e=tent as may be reasonably <"stifiable for the ta?ing of proceedings against him or her with a view to the ma?ing of any s"ch order or relating to s"ch an order after it has been made, or to s"ch e=tent as may be reasonably <"stifiable for restraining him or her d"ring any visit that he or she is permitted to ma?e to any part of Saint L"cia in which, in conse;"ence of any s"ch order, his or her presence wo"ld otherwise be "nlawf"l%
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$ny person who is arrested or detained shall with reasonable promptit"de and in any case no later than 22 ho"rs after s"ch arrest or detention be informed in a lang"age that he or she "nderstands of the reasons for his or her arrest or detention and be afforded reasonable facilities for private comm"nication and cons"ltation with a legal practitioner of his or her own choice and, in the case of a minor, with his or her parents or g"ardian% $ny person who is arrested or detained& ,a/ for the p"rpose of bringing him or her before a co"rt in e=ec"tion of the order of a co"rt: or
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"pon reasonable s"spicion of his or her having committed, or being abo"t to commit, a criminal offence "nder any law
and who is not released, shall be bro"ght before a co"rt witho"t "nd"e delay and in any case not later than )2 ho"rs after s"ch arrest or detention% ,2/ 7here any person is bro"ght before a co"rt in e=ec"tion of the order of a co"rt in any proceedings or "pon s"spicion of his or her having committed or being abo"t to commit an offence, he or she shall not be thereafter f"rther held in c"stody in connection with those proceedings or that offence save "pon the order of a co"rt% 'f any person arrested or detained as mentioned in s"bsection ,3/,b/ is not tried within a reasonable time, then witho"t pre<"dice to any f"rther proceedings that may be bro"ght against him or her, he or she shall be released either "nconditionally or "pon reasonable conditions, incl"ding in partic"lar s"ch conditions as are reasonably necessary to ens"re that he or she appears at a later date for trial or for proceedings preliminary to trial, and s"ch conditions may incl"de bail so long as it is not e=cessive% $ny person who is "nlawf"lly arrested or detained by any other person shall be entitled to compensation therefor from that other person or from any other person or a"thority on whose behalf that other person was actingA 9rovided that a <"dge, a magistrate or a <"stice of the peace or an officer of a co"rt or a police officer shall not be "nder any personal liability to pay compensation "nder this s"bsection in conse;"ence of any act performed by him or her in good faith in the discharge of the f"nctions of his or her office and any liability to pay any s"ch compensation in conse;"ence of any s"ch act shall be a liability of the !rown% ,)/ 0or the p"rposes of s"bsection ,1/,a/ a person charged before a co"rt with a criminal offence in respect of whom a special verdict has been ret"rned that he or she was g"ilty of the act or omission charged b"t was insane when he or she did the act or made the omission shall be regarded as a person who has been convicted of a criminal offence and the detention of a person in conse;"ence of s"ch a verdict shall be regarded as detention in e=ec"tion of the order of a co"rt%
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PROTECTION FROM SLAVER" AND FORCED LA#OUR
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+o person shall be held in slavery or servit"de% +o person shall be re;"ired to perform forced labo"r% 0or the p"rposes of this section, the e=pression Bforced labo"rC does not incl"de& ,a/ any labo"r re;"ired in conse;"ence of the sentence or order of a co"rt: ,b/ labo"r re;"ired of any person while he or she is lawf"lly detained that, tho"gh not re;"ired in conse;"ence of the sentence or order of a co"rt, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he or she is detained: ,c/ any labo"r re;"ired of a member of a disciplined force in p"rs"ance of his or her d"ties as s"ch or, in the case of a person who has conscientio"s ob<ections to service as a member of a naval, military or air force, any labo"r that that person is re;"ired by law to perform in place of s"ch service: ,d/ any labo"r re;"ired d"ring any period of p"blic emergency or in the event of any accident or nat"ral calamity that threatens the life and well>being of the comm"nity, to the e=tent that the re;"iring of s"ch labo"r is reasonably <"stifiable in the circ"mstances of any sit"ation arising or e=isting d"ring that period or as a res"lt of that accident or nat"ral calamity, for the p"rpose of dealing with that sit"ation%
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PROTECTION FROM INHUMAN TREATMENT
+o person shall be s"b<ected to tort"re or to inh"man or degrading p"nishment or other treatment%

6PROTECTION FROM DEPRIVATION OF PROPERT"
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+o property of any description shall be comp"lsorily ta?en possession of, and no interest in or right over property of any description shall be comp"lsorily ac;"ired, e=cept for a p"blic p"rpose and e=cept where provision is made by a law applicable to that ta?ing of possession or ac;"isition for the prompt payment of f"ll compensation%
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#very person having an interest in or right over property that is comp"lsorily ta?en possession of or whose interest in or right over any property is comp"lsorily ac;"ired shall have a right of direct access to the 8igh !o"rt for& ,a/ determining the nat"re and e=tent of that interest or right: ,b/ determining whether that ta?ing of possession or ac;"isition was d"ly carried o"t in accordance with a law a"thorising the ta?ing of possession or ac;"isition: ,c/ determining what compensation he or she is entitled to "nder the law applicable to that ta?ing of possession or ac;"isition: ,d/ obtaining that compensationA 9rovided that if 9arliament so provides in relation to any matter referred to in paragraph ,a/ or ,c/ the right of access shall be by way of appeal ,e=ercisable as of right at the instance of the person having the interest in or right over the property/ from a trib"nal or a"thority, other than the 8igh !o"rt, having <"risdiction "nder any law to determine that matter%
,3/
The !hief D"stice may ma?e r"les with respect to the practice and proced"re of the 8igh !o"rt or, s"b<ect to s"ch provision as may have been made in that behalf by 9arliament, with respect to the practice and proced"re of any other trib"nal or a"thority in relation to the <"risdiction conferred on the 8igh !o"rt by s"bsection ,2/ or e=ercisable by the other trib"nal or a"thority for the p"rposes of that s"bsection ,incl"ding r"les with respect to the time within which applications or appeals to the 8igh !o"rt or applications to the other trib"nal or a"thority may be bro"ght/% +o person who is entitled to compensation "nder this section shall be prevented from remitting, within a reasonable time after he or she has received any amo"nt of that compensation in the form of a s"m of money or, as the case may be, has received any s"ch amo"nt in some other form and has converted any of that amo"nt into a s"m of money, the whole of that s"m of money ,free from any ded"ction charge or ta= made or levied in respect of its remission/ to any co"ntry of his or her choice o"tside Saint L"cia% +othing contained in or done "nder the a"thority of any law shall be held to be inconsistent with or in contravention of s"bsection ,2/ to the e=tent that the law in ;"estion a"thorises&
,2/
,4/
1*
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,a/
,b/ ,c/
the attachment, by order of a co"rt, of any amo"nt of compensation to which a person is entitled in satisfaction of the <"dgment of a co"rt or pending the determination of civil proceedings to which he or she is a party: the imposition of reasonable restrictions on the manner in which any s"m of money is to be remitted: or the imposition of reasonable restrictions "pon the remission of any s"m of money in order to prevent or reg"late the transfer to a co"ntry o"tside Saint L"cia of capital raised in Saint L"cia or in some other co"ntry or derived from the nat"ral reso"rces of Saint L"cia%
,6/
+othing contained in or done "nder the a"thority of any law shall be held to be inconsistent with or in contravention of s"bsection ,1/& ,a/ to the e=tent that the law in ;"estion ma?es provision for the ta?ing of possession or ac;"isition of any property, interest or right& ,i/ in satisfaction of any ta=, rate or d"e, ,ii/ by way of penalty for breach of any law or forfeit"re in conse;"ence of breach of any law, ,iii/ as an incident of a lease, tenancy, mortgage, hypothec, charge, bill of sale, pledge or contract, ,iv/ in the e=ec"tion of <"dgments or orders of a co"rt in proceedings for the determination of civil rights or obligations, ,v/ in circ"mstances where it is reasonably necessary so to do beca"se the property is in a dangero"s state or li?ely to be in<"rio"s to the health of h"man beings, animals or plants, ,vi/ in conse;"ence of any law with respect to the limitation of actions, or ,vii/ for so long only as may be necessary for the p"rposes of any e=amination, investigation, trial or in;"iry or, in the case of land, for the p"rposes of the carrying o"t thereon of wor? of soil conservation or the conservation of other nat"ral reso"rces or wor? relating to agric"lt"ral development or improvement ,being wor? relating to s"ch development or improvement that the owner
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C01. 1.01
1(
or occ"pier of the land has been re;"ired, and has witho"t reasonable e=c"se ref"sed or failed, to carry o"t/, and e=cept so far as that provision or, as the case may be, the thing done "nder the a"thority thereof is shown not to be reasonably <"stifiable in a democratic society: or ,b/ to the e=tent that the law in ;"estion ma?es provision for the ta?ing of possession or ac;"isition of any of the following property ,incl"ding an interest in or right over property/, that is to say& ,i/ enemy property, ,ii/ property of a deceased person, a person of "nso"nd mind or a person who has not attained the age of 1* years, for the p"rpose of its administration for the benefit of the persons entitled to the beneficial interest therein, ,iii/ property of a person ad<"dged ban?r"pt or a body corporate in li;"idation, for the p"rpose of its administration for the benefit of the creditors of the ban?r"pt or body corporate and, s"b<ect thereto, for the benefit of other persons entitled to the beneficial interest in the property, or ,iv/ property s"b<ect to a tr"st, for the p"rpose of vesting the property in persons appointed as tr"stees "nder the instr"ment creating the tr"st or by a co"rt or, by order of a co"rt, for the p"rpose of giving effect to the tr"st% ,)/ +othing contained in or done "nder the a"thority of any law enacted by 9arliament shall be held to be inconsistent with or in contravention of this section to the e=tent that the law in ;"estion ma?es provision for the comp"lsory ta?ing of possession of any property, or the comp"lsory ac;"isition of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for p"blic p"rposes in which no monies have been invested other than monies provided by 9arliament% 'n this section& B16o1e6t7C means any land or other thing capable of being owned or held in possession and incl"des any right
,*/
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relating thereto, whether "nder a contract, tr"st or law or otherwise and whether present or f"t"re, absol"te or conditional: B0$95isitionC, in relation to an interest in or right over property, means transferring that interest or right to another person or e=ting"ishing or c"rtailing that interest or right%
7PROTECTION FROM AR#ITRAR" SEARCH OR ENTR"
,1/
#=cept with his or her own consent, a person shall not be s"b<ected to the search of his or her person or his or her property or the entry by others on his or her premises% +othing contained in or done "nder the a"thority of any law shall be held to be inconsistent with or in contravention of this section to the e=tent that the law in ;"estion ma?es provision& ,a/ that is reasonably re;"ired in the interests of defence, p"blic safety, p"blic order, p"blic morality, p"blic health, town and co"ntry planning, the development and "tilisation of mineral reso"rces or the development or "tilisation of any property for a p"rpose beneficial to the comm"nity: ,b/ that is reasonably re;"ired for the p"rpose of protecting the rights or freedoms of other persons: ,c/ that a"thorises an officer or agent of the 5overnment, a local government a"thority or a body corporate established by law for p"blic p"rposes to enter on the premises of any person in order to inspect those premises or anything thereon for the p"rpose of any ta=, rate or d"e or in order to carry o"t wor? connected with any property that is lawf"lly on those premises and that belongs to the 5overnment or to that a"thority or body corporate, as the case may be: or ,d/ that a"thorises, for the p"rpose of enforcing the <"dgment or order of a co"rt in any civil proceedings, the search of any person or property by order of a co"rt or entry "pon any premises by s"ch order, and e=cept so far as that provision or, as the case may be, anything done "nder the a"thority thereof is shown not to be reasonably <"stifiable in a democratic society%
,2/
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$-
PROVISIONS TO SECURE PROTECTION OF LA,
,1/
'f any person is charged with a criminal offence, then, "nless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial co"rt established by law% #very person who is charged with a criminal offence& ,a/ shall be pres"med to be innocent "ntil he or she is proved or has pleaded g"ilty: ,b/ shall be informed as soon as reasonably practicable, in a lang"age that he or she "nderstands and in detail, of the nat"re of the offence charged: ,c/ shall be given ade;"ate time and facilities for the preparation of his or her defence: ,d/ shall be permitted to defend himself or herself before the co"rt in person or, at his or her own e=pense, by a legal practitioner of his or her own choice: ,e/ shall be afforded facilities to e=amine in person or by his or her legal representative the witnesses called by the prosec"tion before the co"rt, and to obtain the attendance and carry o"t the e=amination of witnesses to testify on his or her behalf before the co"rt on the same conditions as those applying to witnesses called by the prosec"tion: and ,f/ shall be permitted to have witho"t payment the assistance of an interpreter if he or she cannot "nderstand the lang"age "sed at the trial, and e=cept with his or her own consent the trial shall not ta?e place in his or her absence "nless he or she so cond"cts himself or herself as to render the contin"ance of the proceedings in his or her presence impracticable and the co"rt has ordered him or her to be removed and the trial to proceed in his or her absenceA 9rovided that the trial may ta?e place in his or her absence in any case in which it is so provided by a law "nder which he or she is entitled to ade;"ate notice of the charge and the date, time and place of the trial and a reasonable opport"nity of appearing before the co"rt%
,2/
,3/
7hen a person is tried for any criminal offence, the acc"sed person or any person a"thorised by him or her in that behalf shall, if he or she so re;"ires and s"b<ect to payment of s"ch
22
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reasonable fee as may be prescribed by law, be given within a reasonable time after <"dgment a copy for the "se of the acc"sed person of any record of the proceedings made by or on behalf of the co"rt% ,2/ $ person shall not be held to be g"ilty of a criminal offence on acco"nt of any act or omission that did not, at the time it too? place, constit"te s"ch an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the ma=im"m penalty that might have been imposed for that offence at the time when it was committed% $ person who shows that he or she has been tried by a competent co"rt for a criminal offence and either convicted or ac;"itted shall not again be tried for that offence or for any other criminal offence of which he or she co"ld have been convicted at the trial for that offence, save "pon the order of a s"perior co"rt in the co"rse of appeal or review proceedings relating to the conviction or ac;"ittal% $ person shall not be tried for a criminal offence if he or she shows that he or she has been pardoned for that offence% $ person who is tried for a criminal offence shall not be compelled to give evidence at the trial% $ny co"rt or other a"thority prescribed by law for the determination of the e=istence or e=tent of any civil right or obligation shall be established by law and shall be independent and impartial: and where proceedings for s"ch a determination are instit"ted by any person before s"ch a co"rt or other a"thority, the case shall be given a fair hearing within a reasonable time% 7here the e=istence or e=tent of any civil right or obligation has been determined in proceedings in any co"rt or before any other a"thority any party to those proceedings shall, if he or she so re;"ires and s"b<ect to payment of s"ch reasonable fee as may be prescribed by law, be entitled to obtain within a reasonable time after the <"dgment or other determination a copy of any record of the proceedings made by or on behalf of the co"rt or other a"thority%
,4/
,6/ ,)/ ,*/
,(/
,10/ #=cept with the agreement of all the parties thereto, all proceedings of every co"rt and proceedings for the determination of the e=istence or e=tent of any civil right or obligation before any other a"thority, incl"ding the
Laws of Saint L"cia

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23
anno"ncement of the decision of the co"rt or other a"thority, shall be held in p"blic% ,11/ +othing in s"bsection ,10/ shall prevent the co"rt or other ad<"dicating a"thority from e=cl"ding from the proceedings persons other than the parties thereto and the legal practitioners representing them to s"ch e=tent as the co"rt or other a"thority & ,a/ may by law be empowered to do and may consider necessary or e=pedient in circ"mstances where p"blicity wo"ld pre<"dice the interests of <"stice or in interloc"tory proceedings or in the interests of p"blic morality, the welfare of persons "nder the age of 1* years or the protection of the private lives of persons concerned in the proceedings: or ,b/ may by law be empowered or re;"ired to do in the interests of defence, p"blic safety or p"blic order% ,12/ +othing contained in or done "nder the a"thority of any law shall be held to be inconsistent with or in contravention of& ,a/ s"bsection ,2/,a/ to the e=tent that the law in ;"estion imposes "pon any person charged with a criminal offence the b"rden of proving partic"lar facts: ,b/ s"bsection ,2/,e/ to the e=tent that the law in ;"estion imposes reasonable conditions that m"st be satisfied if witnesses called to testify on behalf of an acc"sed person are to be paid their e=penses o"t of p"blic f"nds: or ,c/ s"bsection ,4/ to the e=tent that the law in ;"estion a"thorises a co"rt to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or ac;"ittal of that member "nder the disciplinary law of that force, so, however, that any co"rt so trying s"ch a member and convicting him or her shall in sentencing him or her to any p"nishment ta?e into acco"nt any p"nishment awarded him or her "nder that disciplinary law% ,13/ 'n the case of any person who is held in lawf"l detention the provisions of s"bsection ,1/, ,2/,d/, ,2/,e/ and ,3/ shall not apply in relation to his or her trial for a criminal offence "nder the law reg"lating the discipline of persons held in s"ch detention%
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,12/ 'n this section Bcriminal offenceC means a criminal offence "nder a law%
&PROTECTION OF FREEDOM OF CONSCIENCE
,1/
#=cept with his or her own consent, a person shall not be hindered in the en<oyment of his or her freedom of conscience, incl"ding freedom of tho"ght and of religion, freedom to change his or her religion or belief and freedom, either alone or in comm"nity with others, and both in p"blic and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance% #=cept with his or her own consent ,or, if he or she is a person "nder the age of 1* years, the consent of his or her g"ardian/ a person attending any place of ed"cation, detained in any prison or corrective instit"tion or serving in a naval, military or air force shall not be re;"ired to receive religio"s instr"ction or to ta?e part in or attend any religio"s ceremony or observance if that instr"ction ceremony or observance relates to a religion which is not his or her own% #very religio"s comm"nity shall be entitled, at its own e=pense, to establish and maintain places of ed"cation and to manage any place of ed"cation which it maintains: and no s"ch comm"nity shall be prevented from providing religio"s instr"ction for persons of that comm"nity in the co"rse of any ed"cation provided by that comm"nity whether or not it is in receipt of a government s"bsidy or other form of financial assistance designed to meet in whole or in part the cost of s"ch co"rse of ed"cation% $ person shall not be compelled to ta?e any oath which is contrary to his or her religion or belief or to ta?e any oath in a manner which is contrary to his or her religion or belief% +othing contained in or done "nder the a"thority of any law shall be held to be inconsistent with or in contravention of this section to the e=tent that the law in ;"estion ma?es provision which is reasonably re;"ired& ,a/ in the interests of defence, p"blic safety, p"blic order, p"blic morality or p"blic health: ,b/ for the p"rpose of protecting the rights and freedoms of other persons, incl"ding the right to observe and practise
,2/
,3/
,2/
,4/
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,c/
any religion witho"t the "nsolicited intervention of members of any other religion: or for the p"rpose of reg"lating ed"cational instit"tions in the interests of the persons who receive or may receive instr"ction in them,
and e=cept so far as that provision or, as the case may be, the thing done "nder the a"thority thereof is shown not to be reasonably <"stifiable in a democratic society% ,6/ eferences in this section to a religion shall be constr"ed as incl"ding references to a religio"s denomination, and cognate e=pressions shall be constr"ed accordingly%
1'-
PROTECTION OF FREEDOM OF E%PRESSION
,1/
#=cept with his or her own consent, a person shall not be hindered in the en<oyment of his or her freedom of e=pression, incl"ding freedom to hold opinions witho"t interference, freedom to receive ideas and information witho"t interference, freedom to comm"nicate ideas and information witho"t interference ,whether the comm"nication be to the p"blic generally or to any person or class of persons/ and freedom from interference with his or her correspondence% +othing contained in or done "nder the a"thority of any law shall be held to be inconsistent with or in contravention of this section to the e=tent that the law in ;"estion ma?es provision& ,a/ that is reasonably re;"ired in the interests of defence, p"blic safety, p"blic order, p"blic morality or p"blic health: ,b/ that is reasonably re;"ired for the p"rpose of protecting the rep"tations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclos"re of information received in confidence, maintaining the a"thority and independence of the co"rts or reg"lating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television: or ,c/ that imposes restrictions "pon p"blic officers that are reasonably re;"ired for the proper performance of their f"nctions,
,2/
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and e=cept so far as that provision or, as the case may be, the thing done "nder the a"thority thereof is shown not to be reasonably <"stifiable in a democratic society%
11PROTECTION OF FREEDOM OF ASSEM#L" AND ASSOCIATION
,1/
#=cept with his or her own consent, a person shall not be hindered in the en<oyment of his or her freedom of assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in partic"lar to form or belong to trade "nions or other associations for the protection of his or her interests or to form or belong to political parties or other political associations% +othing contained in or done "nder the a"thority of any law shall be held to be inconsistent with or in contravention of this section to the e=tent that the law in ;"estion ma?es provision& ,a/ that is reasonably re;"ired in the interests of defence, p"blic safety, p"blic order, p"blic morality or p"blic health: ,b/ that is reasonably re;"ired for the p"rpose of protecting the rights or freedoms of other persons: or ,c/ that imposes restrictions "pon p"blic officers that are reasonably re;"ired for the proper performance of their f"nctions, and e=cept so far as that provision or, as the case may be, the thing done "nder the a"thority thereof is shown not to be reasonably <"stifiable in a democratic society%
,2/
12-
PROTECTION OF FREEDOM OF MOVEMENT
,1/
$ person shall not be deprived of his or her freedom of movement that is to say, the right to move freely thro"gho"t Saint L"cia, the right to reside in any part of Saint L"cia, the right to enter Saint L"cia, the right to leave Saint L"cia and imm"nity from e=p"lsion from Saint L"cia% $ny restriction on a personEs freedom of movement that is involved in his or her lawf"l detention shall not be held to be inconsistent with or in contravention of this section%
,2/
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C01. 1.01
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,3/
+othing contained in or done "nder the a"thority of any law shall be held to be inconsistent with or in contravention of this section to the e=tent that the law in ;"estion ma?es provision& ,a/ for the imposition of restrictions on the movement or residence within Saint L"cia of any person or on any personEs right to leave Saint L"cia that are reasonably re;"ired in the interests of defence, p"blic safety or p"blic order: ,b/ for the imposition of restrictions on the movement or residence within Saint L"cia or on the right to leave Saint L"cia of persons generally or any class of persons in the interests of defence, p"blic safety, p"blic order, p"blic morality or p"blic health or, in respect of the right to leave Saint L"cia, of sec"ring compliance with any international obligation of the 5overnment partic"lars of which have been laid before the Senate and the 8o"se and e=cept so far as that provision or, as the case may be, the thing done "nder the a"thority thereof is shown not to be reasonably <"stifiable in a democratic society: ,c/ for the imposition of restrictions, by order of a co"rt, on the movement or residence within Saint L"cia of any person or on any personEs right to leave Saint L"cia either in conse;"ence of his or her having been fo"nd g"ilty of a criminal offence "nder a law or for the p"rpose of ens"ring that he or she appears before a co"rt at a later date for trial of s"ch a criminal offence or for proceedings preliminary to trial or for proceedings relating to his or her e=tradition or lawf"l removal from Saint L"cia: ,d/ for the imposition of restrictions on the freedom of movement of any person who is not a citi6en: ,e/ for the imposition of restrictions on the ac;"isition or "se by any person of land or other property in Saint L"cia: ,f/ for the imposition of restrictions "pon the movement or residence within Saint L"cia or on the right to leave Saint L"cia of any p"blic officer that are reasonably re;"ired for the proper performance of his or her f"nctions: ,g/ for the removal of a person from Saint L"cia to be tried or p"nished in some other co"ntry for a criminal offence "nder the law of that other co"ntry or to "ndergo imprisonment in some other co"ntry in e=ec"tion of the
2*
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,h/
sentence of a co"rt in respect of a criminal offence "nder a law of which he or she has been convicted: or for the imposition of restrictions on the right of any person to leave Saint L"cia that are reasonably re;"ired in order to sec"re the f"lfilment of any obligations imposed on that person by law
and e=cept so far as that provision or, as the case may be, the thing done "nder the a"thority thereof is shown not to be reasonably <"stifiable in a democratic society% ,2/ 'f any person whose freedom of movement has been restricted by virt"e of s"ch a provision as is referred to in s"bsection ,3/ ,a/ so re;"ests at any time d"ring the period of that restriction not earlier than 21 days after the order was made or 3 months after he or she last made s"ch a re;"est, as the case may be, his or her case shall be reviewed by an independent and impartial trib"nal presided over by a person appointed by the !hief D"stice from among persons who are legal practitioners% @n any review by a trib"nal in p"rs"ance of s"bsection ,2/ of the case of any person whose freedom of movement has been restricted, the trib"nal may ma?e recommendations concerning the necessity or e=pediency of the contin"ation of that restriction to the a"thority by whom it was ordered and, "nless it is otherwise provided by law, that a"thority shall be obliged to act in accordance with any s"ch recommendations%
,4/
13-
PROTECTION FROM DISCRIMINATION ON THE GROUNDS OF RACE ETC
,1/
S"b<ect to the provisions of s"bsections ,2/, ,4/ and ,)/, no law shall ma?e any provision that is discriminatory either of itself or in its effect% S"b<ect to the provisions of s"bsections ,6/, ,)/ and ,*/, no person shall be treated in a discriminatory manner by any person or a"thority% 'n this section, the e=pression BdiscriminatoryC means affording different treatment to different persons attrib"table wholly or mainly to their respective descriptions by se=, race, place of origin, political opinions, colo"r or creed whereby persons of one s"ch description are s"b<ected to disabilities or restrictions to which persons of another s"ch description are not made
,2/
,3/
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C01. 1.01
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s"b<ect or are accorded privileges or advantages which are not accorded to persons of another s"ch description% ,2/ S"bsection ,1/ shall not apply to any law so far as that law ma?es provision& ,a/ for the appropriation of p"blic reven"es or other p"blic f"nds: ,b/ with respect to persons who are not citi6ens: ,c/ for the application, in the case of persons of any s"ch description as is mentioned in s"bsection ,3/ ,or of persons connected with s"ch persons/, of the law with respect to adoption, marriage, divorce, b"rial, devol"tion of property on death or other li?e matters which is the personal law of persons of that description: ,d/ whereby persons of any s"ch description as is mentioned in s"bsection ,3/ may be s"b<ected to any disability or restriction or may be accorded any privilege or advantage that, having regard to its nat"re and to special circ"mstances pertaining to those persons or to persons of any other s"ch description, is reasonably <"stifiable in a democratic society% +othing contained in any law shall be held to be inconsistent with or in contravention of s"bsection ,1/ to the e=tent that it ma?es provision with respect to standards or ;"alifications ,not being standards or ;"alifications specifically relating to se=, race, place of origin, political opinions, colo"r or creed/ to be re;"ired of any person who is appointed to or to act in any office or employment% S"bsection ,2/ shall not apply to anything which is e=pressly or by necessary implication a"thorised to be done by any s"ch provision of law as is referred to in s"bsection ,2/ or ,4/% +othing contained in or done "nder the a"thority of any law shall be held to be inconsistent with or in contravention to the e=tent that the law in ;"estion ma?es provision whereby persons of any s"ch description as is mentioned in s"bsection ,3/ may be s"b<ected to any restriction on the rights and freedoms g"aranteed by sections ), (, 10, 11 and 12, being s"ch a restriction as is a"thorised by section ),2/, (,4/, 10,2/, 11,2/, 12,3/,a/, 12,3/,b/ or 12,3/,h/, as the case may be%
,4/
,6/
,)/
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,*/
+othing contained in s"bsection ,2/ shall affect any discretion relating to the instit"tion, cond"ct or discontin"ance of civil or criminal proceedings in any co"rt that is vested in any person by or "nder this !onstit"tion or any other law%
1!-
EMERGENC" PO,ERS
,1/
7itho"t pre<"dice to the powers of 9arliament, b"t s"b<ect to the provisions of this section, where any period of p"blic emergency e=ists, the 5overnor 5eneral may, d"e regard being had to the circ"mstances of any sit"ation li?ely to arise or e=ist d"ring s"ch period, ma?e reg"lations for the p"rpose of dealing with that sit"ation and iss"e orders and instr"ctions for the p"rpose of the e=ercise of any powers conferred on him or her or any other person by any law referred to in s"bsection ,3/ or instr"ment made "nder this section or any s"ch law% 7itho"t pre<"dice to the generality of s"bsection ,1/ reg"lations made "nder that s"bsection may ma?e provision for the detention of persons% $ law enacted by 9arliament that is passed d"ring a period of p"blic emergency and is e=pressly declared to have effect only d"ring that period or any reg"lation made "nder s"bsection ,1/ shall have effect even tho"gh inconsistent with sections 3 or 13 e=cept in so far as its provisions may be shown not to be reasonably <"stifiable for the p"rpose of dealing with the sit"ation that e=ists d"ring that period%
,2/
,3/
15-
PROTECTION OF PERSONS DETAINED UNDER EMERGENC" LA,S
,1/
7hen a person is detained by virt"e of any s"ch law as is referred to in section 12 the following provisions shall apply, that is to say& ,a/ he or she shall, with reasonable promptit"de and in any case not more than ) days after the commencement of his or her detention, be informed in a lang"age that he or she "nderstands and in detail of the gro"nds "pon which he or she is detained and f"rnished with a written statement in #nglish specifying those gro"nds in detail: ,b/ not more than 12 days after the commencement of his or her detention, a notification shall be p"blished in the
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,c/
,d/
,e/
@fficial 5a6ette stating that he or she has been detained and giving partic"lars of the provision of law "nder which his or her detention is a"thorised: not more than one month after the commencement of his or her detention and thereafter d"ring his or her detention at intervals of not more than 3 months, his or her case shall be reviewed by an independent and impartial trib"nal established by law and presided over by a person appointed by the !hief D"stice from among persons who are legal practitioners: he or she shall be afforded reasonable facilities for private comm"nication and cons"ltation with a legal practitioner of his or her own choice who shall be permitted to ma?e representations to the trib"nal appointed for the review of the case of the detained person: and at the hearing of his or her case by the trib"nal appointed for the review of his or her case he or she shall be permitted to appear in person or to be represented by a legal practitioner of his or her own choice%
,2/
@n any review by a trib"nal in p"rs"ance of this section of the case of a detained person, the trib"nal may ma?e recommendations concerning the necessity or e=pediency of contin"ing his or her detention to the a"thority by which it was ordered b"t, "nless it is otherwise provided by law, that a"thority shall not be obliged to act in accordance with any s"ch recommendations% +othing contained in s"bsection ,1/,d/ or ,1/,e/ shall be constr"ed as entitling a person to legal representation at p"blic e=pense%
,3/
16-
ENFORCEMENT OF PROTECTIVE PROVISIONS
,1/
'f any person alleges that any of the provisions of sections 2 to 14 incl"sive has been, is being or is li?ely to be contravened in relation to him or her ,or, in the case of a person who is detained, if any other person alleges s"ch a contravention in relation to the detained person/, then, witho"t pre<"dice to any other action with respect to the same matter which is lawf"lly available, that person ,or that other person/ may apply to the 8igh !o"rt for redress%
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,2/
The 8igh !o"rt shall have original <"risdiction& ,a/ to hear and determine any application made by any person in p"rs"ance of s"bsection ,1/: and ,b/ to determine any ;"estion arising in the case of any person which is referred to it in p"rs"ance of s"bsection ,3/, and may ma?e s"ch declarations and orders, iss"e s"ch writs and give s"ch directions as it may consider appropriate for the p"rpose of enforcing or sec"ring the enforcement of any of the provisions of sections 2 to 14 ,incl"sive/A 9rovided that the 8igh !o"rt may decline to e=ercise its powers "nder this s"bsection if it is satisfied that ade;"ate means of redress for the contravention alleged are or have been available to the person concerned "nder any other law%
,3/
'f in any proceedings in any co"rt ,other than the !o"rt of $ppeal or the 8igh !o"rt or a co"rt>martial/ any ;"estion arises as to the contravention of any of the provisions of sections 2 to 14 ,incl"sive/, the person presiding in that co"rt may, and shall if any party to the proceedings so re;"ests, refer the ;"estion to the 8igh !o"rt "nless, in his or her opinion, the raising of the ;"estion is merely frivolo"s or ve=atio"s% 7here any ;"estion is referred to the 8igh !o"rt in p"rs"ance of s"bsection ,3/, the 8igh !o"rt shall give its decision "pon the ;"estion and the co"rt in which the ;"estion arose shall dispose of the case in accordance with that decision or, if that decision is the s"b<ect of an appeal to the !o"rt of $ppeal or to 8er 3a<esty in !o"ncil, in accordance with the decision of the !o"rt of $ppeal or, as the case may be, of 8er 3a<esty in !o"ncil% The 8igh !o"rt shall have s"ch powers in addition to those conferred by this section as may be conferred "pon it by 9arliament for the p"rpose of enabling it more effectively to e=ercise the <"risdiction conferred "pon it by this section% The !hief D"stice may ma?e r"les with respect to the practice and proced"re of the 8igh !o"rt in relation to the <"risdiction and powers conferred on it by or "nder this section ,incl"ding r"les with respect to the time within which applications may be bro"ght and references shall be made to the 8igh !o"rt/%
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17-
DECLARATION OF EMERGENC"
,1/
The 5overnor 5eneral may, by proclamation which shall be p"blished in the @fficial 5a6ette, declare that a state of emergency e=ists for the p"rposes of this !hapter% $ proclamation "nder this section shall not be effective "nless it contains a declaration that the 5overnor 5eneral is satisfied& ,a/ that a p"blic emergency has arisen as a res"lt of the imminence of a state of war between Saint L"cia and a foreign state: ,b/ that a p"blic emergency has arisen as a res"lt of the occ"rrence of any earth;"a?e, h"rricane, flood, fire, o"tbrea? of pestilence or of infectio"s disease, or other calamity whether similar to the foregoing or not: or ,c/ that action has been ta?en, or is immediately threatened, by any person, of s"ch a nat"re and on so e=tensive a scale, as to be li?ely to endanger the p"blic safety or to deprive the comm"nity or any s"bstantial portion of the comm"nity of s"pplies or services essential to life% #very declaration of emergency shall lapse& ,a/ in the case of a declaration made when 9arliament is sitting, at the e=piration of a period of ) days beginning with the date of p"blication of the declaration: and ,b/ in any other case, at the e=piration of a period of 21 days beginning with the date of p"blication of the declaration, "nless it has in the meantime been approved by resol"tions of the Senate and the 8o"se%
,2/
,3/
,2/
$ declaration of emergency may at any time be revo?ed by the 5overnor 5eneral by proclamation that shall be p"blished in the @fficial 5a6ette% $ declaration of emergency that has been approved by resol"tions of the Senate and the 8o"se in p"rs"ance of s"bsection ,3/ shall remain in force so long as both those resol"tions remain in force and no longer% $ resol"tion of the Senate or the 8o"se passed for the p"rposes of this section shall remain in force for 12 months or s"ch shorter period as may be specified therein% 8owever, any s"ch resol"tion may be e=tended from time to time by a f"rther s"ch resol"tion, each e=tension not e=ceeding
,4/
,6/
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12 months from the date of the resol"tion effecting the e=tension: and any s"ch resol"tion may be revo?ed at any time by a f"rther resol"tion% ,)/ $ resol"tion of the 8o"se for the p"rposes of s"bsection ,3/ and a resol"tion of the 8o"se e=tending any s"ch resol"tion shall not be passed in the 8o"se "nless it is s"pported by the votes of a ma<ority of all the members of the 8o"se% $ny provision of this section that a declaration of emergency shall lapse or cease to be in force at any partic"lar time is witho"t pre<"dice to the ma?ing of a f"rther s"ch declaration whether before or after that time%
,*/
1$-
INTERPRETATION AND SAVINGS
,1/
'n this !hapter, "nless the conte=t otherwise re;"ires& B$ont60ventionC, in relation to any re;"irement, incl"des a fail"re to comply with that re;"irement, and cognate e=pressions shall be constr"ed accordingly: B$o56tC means any co"rt of law having <"risdiction in Saint L"cia other than a co"rt established by a disciplinary law, and incl"des 8er 3a<esty in !o"ncil and in sections 2 and 2 a co"rt established by a disciplinary law: Bdis$i18in067 80:C means a law reg"lating the discipline of any disciplined force: Bdis$i18ined *o6$eC means& ,a/ a naval, military or air force: ,b/ the 9olice 0orce: ,c/ a prison service: or ,d/ any s"ch other force or service as may be prescribed by 9arliament% B8e-08 160$titione6C means a person entitled to be in or to enter Saint L"cia and entitled to practise as a barrister in Saint L"cia or, e=cept in relation to proceedings before a co"rt in which a solicitor has no right of a"dience, entitled to practise as a solicitor in Saint L"cia: B.e.;e6C, in relation to a disciplined force, incl"des any person who, "nder the law reg"lating the discipline of that force, is s"b<ect to that discipline%
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,2/
'n this !hapter Bperiod of p"blic emergencyC means any period d"ring which& ,a/ 8er 3a<esty is at war: or ,b/ there is in force a proclamation by the 5overnor 5eneral declaring that a state of p"blic emergency e=ists: or ,c/ there is in force a resol"tion of the 8o"se s"pported by the votes of not less than F of all the members of the 8o"se declaring that democratic instit"tions in Saint L"cia are threatened by s"bversion% 'n relation to any person who is a member of a disciplined force of Saint L"cia, nothing contained in or done "nder the a"thority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this !hapter other than sections 2, 2 and 4% 'n relation to any person who is a member of a disciplined force of a co"ntry other than Saint L"cia that is lawf"lly present in Saint L"cia, nothing contained in or done "nder the a"thority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this !hapter%
,3/
,2/
CHAPTER II
THE GOVERNOR GENERAL
1&ESTA#LISHMENT OF OFFICE
There shall be a 5overnor 5eneral of Saint L"cia who shall be a citi6en appointed by 8er 3a<esty and shall hold office d"ring 8er 3a<estyEs pleas"re and who shall be 8er 3a<estyEs representative in Saint L"cia%
2'ACTING GOVERNOR GENERAL
,1/
D"ring any period when the office of 5overnor 5eneral is vacant or the holder of the office of 5overnor 5eneral is absent from Saint L"cia or is for any other reason "nable to perform the f"nctions of his or her office those f"nctions shall be performed by s"ch person as 8er 3a<esty may appoint%
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,2/
$ny s"ch person as aforesaid shall not contin"e to perform the f"nctions of the office of 5overnor 5eneral if the holder of the office of 5overnor 5eneral or some other person having a prior right to perform the f"nctions of that office has notified him or her that he or she is abo"t to ass"me or res"me those f"nctions% The holder of the office of 5overnor 5eneral shall not, for the p"rposes of this section, be regarded as absent from Saint L"cia or as "nable to perform the f"nctions of his or her office& ,a/ by reason that he or she is in passage from one part of Saint L"cia to another: or ,b/ at any time when there is a s"bsisting appointment of a dep"ty "nder section 22%
,3/
21-
OATHS
$ person appointed to hold the office of 5overnor 5eneral shall, before entering "pon the d"ties of that office, ta?e and s"bscribe the oath of allegiance and the oath of office%
22DEPUT" TO GOVERNOR GENERAL
,1/
7henever the 5overnor 5eneral& ,a/ has occasion to be absent from the seat of government b"t not from Saint L"cia: ,b/ has occasion to be absent from Saint L"cia for a period which he or she considers, acting in his or her own deliberate <"dgment, will be of short d"ration: or ,c/ is s"ffering from an illness which he or she considers, acting in his or her own deliberate <"dgment, will be of short d"ration, he or she may, acting in accordance with the advice of the 9rime 3inister, appoint any person in Saint L"cia to be his or her dep"ty d"ring s"ch absence or illness and in that capacity to perform on his or her behalf s"ch of the f"nctions of the office of 5overnor 5eneral as may be specified in the instr"ment by which he or she is appointed%
,2/
The power and a"thority of the 5overnor 5eneral shall not be abridged, altered or in any way affected by the appointment of a dep"ty "nder this section, and, s"b<ect to the provisions of this !onstit"tion, a dep"ty shall conform to and observe all
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instr"ctions that the 5overnor 5eneral, acting in his or her own deliberate <"dgment, may from time to time address to him or herA 9rovided that the ;"estion whether or not a dep"ty has conformed to and observed any s"ch instr"ctions shall not be en;"ired into by any co"rt of law% ,3/ $ person appointed as dep"ty "nder this section shall hold that appointment for s"ch period as may be specified in the instr"ment by which he or she is appointed, and his or her appointment may be revo?ed at any time by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister%
CHAPTER III
PARLIAMENT
PART 1
Composition of Parliament
23ESTA#LISHMENT
There shall be a 9arliament of Saint L"cia which shall consist of 8er 3a<esty, a Senate and a 8o"se of $ssembly% The Senate
2!COMPOSITION
,1/ ,2/
The Senate shall consist of 11 Senators and s"ch other Senators as may be temporarily appointed "nder section 2*% @f the 11 Senators& ,a/ 6 shall be appointed by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister: ,b/ 3 shall be appointed by the 5overnor 5eneral, acting in accordance with the advice of the Leader of the @pposition: and ,c/ 2 shall be appointed by the 5overnor 5eneral, acting in his or her own deliberate <"dgment after he or she has
3*
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cons"lted those religio"s, economic or social bodies or associations from which he or she considers that s"ch Senators sho"ld be selected%
25.UALIFICATIONS
S"b<ect to the provisions of section 26, a person shall be ;"alified to be appointed as a Senator if, and shall not be so ;"alified "nless, he or she& ,a/ is a !ommonwealth citi6en who has attained the age of 21 years: ( mended !" ct 17 of 198#$ ,b/ has been ordinarily resident in Saint L"cia for a period of 4 years immediately before the date of his or her appointment: and ,c/ is able to spea? and, "nless incapacitated by blindness or other physical ca"se, to read the #nglish lang"age with s"fficient proficiency to enable him or her to ta?e an active part in the proceedings of the Senate%
26DIS.UALIFICATIONS
,1/
+o person shall be ;"alified to be appointed as a Senator if, at the date of his or her appointment, he or she& ,a/ is, by virt"e of his or her own act, "nder any ac?nowledgment of allegiance, obedience or adherence to a foreign power or state: ,b/ is a minister of religion ,e=cept in the case of an appointment "nder section 22,2/,c//: ,c/ is an "ndischarged ban?r"pt, having been ad<"dged or otherwise declared ban?r"pt "nder any law in force in any part of the !ommonwealth: ,d/ is a person certified to be insane or otherwise ad<"dged to be of "nso"nd mind "nder any s"ch law: ,e/ is "nder sentence of death imposed on him or her by a co"rt of law in any part of the !ommonwealth or is serving a sentence of imprisonment ,by whatever name called/ e=ceeding 12 months imposed on him or her by s"ch a co"rt or s"bstit"ted by competent a"thority for some other sentence imposed on him or her by s"ch a
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,f/
co"rt, or is "nder s"ch a sentence of imprisonment the e=ec"tion of which has been s"spended: or s"b<ect to s"ch e=ceptions and limitations as may be prescribed by 9arliament, has any s"ch interest in any s"ch government contract as may be prescribed%
,2/
'f it is so provided by 9arliament, a person who is convicted by any co"rt of any offence that is prescribed by 9arliament and that is connected with the election of members of the 8o"se or who is reported g"ilty of s"ch an offence by the co"rt trying an election petition shall not be ;"alified, for s"ch period ,not e=ceeding 4 years/ following his or her conviction or, as the case may be, following the report of the co"rt as may be so prescribed, to be appointed as a Senator% +o person shall be ;"alified to be appointed as a Senator who is a member or is nominated as a candidate for election to the 8o"se% 'f it is so provided by 9arliament, and s"b<ect to s"ch e=ceptions and limitations ,if any/ as 9arliament may prescribe, a person shall not be ;"alified to be appointed as a Senator if, at the date of his or her appointment& ,a/ he or she holds or is acting in any office or appointment ,whether specified individ"ally or by reference to a class of office or appointment/: ,b/ he or she belongs to any of the armed forces of the !rown or to any class of person that is comprised in any s"ch force: or ,c/ he or she belongs to any police force or to any class of person that is comprised in any s"ch force% 'n s"bsection ,1/& B$ont60$tC means any contract made with the 5overnment or with a department of the 5overnment or with an officer of the 5overnment contracting as s"ch: B.iniste6 o* 6e8i-ionC means any person in holy orders and any other person the f"nctions of whose principal occ"pation incl"de teaching or preaching in any congregation for religio"s worship%
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0or the p"rposes of s"bsection ,1/,e/&
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,a/
,b/
2 or more sentences of imprisonment that are re;"ired to be served consec"tively shall be regarded as separate sentences if none of those sentences e=ceeds 12 months, b"t if any one of s"ch sentences e=ceeds that term they shall be regarded as one sentence: and no acco"nt shall be ta?en of a sentence of imprisonment imposed as an alternative to or in defa"lt of the payment of a fine%
27-
TENURE OF OFFICE
,1/ ,2/
$ Senator shall vacate his or her seat in the Senate at the ne=t dissol"tion of 9arliament after his or her appointment% $ Senator shall also vacate his or her seat in the Senate& ,a/ if he or she is absent from the sittings of the Senate for s"ch period and in s"ch circ"mstances as may be prescribed in the r"les of proced"re of the Senate: ,b/ if he or she ceases to be a !ommonwealth citi6en: ,c/ if, with his or her consent, he or she is nominated as a candidate for election to the 8o"se or if he or she is elected to be a member of the 8o"se: ,d/ s"b<ect to the provisions of s"bsection ,3/, if any other circ"mstances arise that, if he or she were not a Senator, wo"ld ca"se him or her to be dis;"alified to be appointed as s"ch by virt"e of section 26,1/ or by virt"e of any law enacted in p"rs"ance of section 26,2/ or 26,2/: or ,e/ if the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister in the case of a Senator appointed "nder section 22,2/,a/ or in accordance with the advice of the Leader of the @pposition in the case of a Senator appointed "nder section 22,2/,b/ or in his or her own deliberate <"dgment after s"ch cons"ltation as is specified in section 22,2/,c/ in the case of a Senator appointed "nder that paragraph, declares the seat of that Senator to be vacant% ,a/ 'f any circ"mstances s"ch as are referred to in s"bsection ,2/,d/ arise beca"se any Senator is "nder sentence of death or imprisonment, ad<"dged to be of "nso"nd mind, declared ban?r"pt or convicted or reported g"ilty of an
,3/
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offence relating to elections and if it is open to the Senator to appeal against the decision ,either with the leave of a co"rt or other a"thority or witho"t s"ch leave/, he or she shall cease to perform his or her f"nctions as a member of the Senate b"t, s"b<ect to the provisions of this section, he or she shall not vacate his or her seat "ntil the e=piration of a period of 30 days thereafterA 9rovided that the 9resident may, at the re;"est of the Senator, from time to time, e=tend that period for f"rther periods of 30 days to enable the Senator to p"rs"e an appeal against the decision, so, however, that e=tensions of time e=ceeding in the aggregate 140 days shall not be given witho"t the approval, signified by resol"tion, of the Senate% 'f on the determination of any appeal, s"ch circ"mstances contin"e to e=ist and no f"rther appeal is open to the Senator, or if, by reason of the e=piration of any period for entering an appeal or notice thereof or the ref"sal of leave to appeal or for any other reason, it ceases to be open to the Senator to appeal, he or she shall vacate his or her seat% 'f at any time before the Senator vacates his or her seat s"ch circ"mstances as aforesaid cease to e=ist, his or her seat shall not become vacant on the e=piration of the period referred to in paragraph ,a/ and he or she may res"me the performance of his or her f"nctions as a member of the Senate%
,b/
,c/
2$-
INA#ILIT"
,1/
'f the 5overnor 5eneral considers that a Senator is, by reason of his or her illness or absence from Saint L"cia, "nable to perform his or her f"nctions as a member of the Senate the 5overnor 5eneral may& ,a/ declare that that Senator is so "nable: and ,b/ appoint a person to be a Senator for the period of that SenatorEs inability to perform his or her f"nctions% $ Senator who has been declared, in accordance with the provisions of s"bsection ,1/, to be "nable to perform his or her f"nctions as a member of the Senate shall not ta?e part in the
,2/
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proceedings of the Senate "ntil he or she is declared by the 5overnor 5eneral again to be able to perform those f"nctions% ,3/ 7itho"t pre<"dice to the provisions of section 2) a Senator appointed "nder this section shall vacate his or her seat in the Senate when the Senator on acco"nt of whose inability to perform his or her f"nctions he or she was appointed is again declared to be able to perform his or her f"nctions or if that Senator vacates his or her seat% 'n the e=ercise of the powers conferred on him or her by this section the 5overnor 5eneral shall act& ,a/ in accordance with the advice of the 9rime 3inister in relation to a Senator appointed in p"rs"ance of section 22,2/,a/: ,b/ in accordance with the advice of the Leader of the @pposition in relation to a Senator appointed in p"rs"ance of section 22,2/,b/: and ,c/ in his or her own deliberate <"dgment after s"ch cons"ltation as is specified in section 22,2/,c/ in relation to a Senator appointed in p"rs"ance of section 22,2/,c/%
,2/
2&-
PRESIDENT AND DEPUT" PRESIDENT
,1/
7hen the Senate first meets after any dissol"tion of 9arliament and before it proceeds to the despatch of any other b"siness, it shall elect a Senator, not being a 3inister or a 9arliamentary Secretary, to be 9resident of the Senate: and whenever the office of 9resident is vacant otherwise than by reason of a dissol"tion of 9arliament, the Senate shall, not later than its second sitting after the vacancy has arisen, elect another Senator to fill that office% 7hen the Senate first meets after any dissol"tion of 9arliament, it shall, as soon as practicable, elect a Senator, not being a 3inister or a 9arliamentary Secretary, to be Dep"ty 9resident of the Senate: and whenever the office of Dep"ty 9resident becomes vacant, the Senate shall, as soon as convenient, elect another Senator to fill that office% $ person shall vacate the office of 9resident or Dep"ty 9resident& ,a/ if he or she ceases to be a SenatorA
,2/
,3/
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,b/ ,c/ ,2/ ,a/
provided that, the 9resident shall not vacate his or her office by reason only that he or she has ceased to be a Senator on a dissol"tion of 9arliament "ntil the Senate first meets after that dissol"tion: if he or she is appointed to be a 3inister or a 9arliamentary Secretary: or in the case of the Dep"ty 9resident, if he or she is elected to be 9resident% 'f, by virt"e of section 2),3/,a/, the 9resident or Dep"ty 9resident is re;"ired to cease to perform his or her f"nctions as a member of the Senate he or she shall also cease to perform his or her f"nctions as 9resident or Dep"ty 9resident, as the case may be, and those f"nctions shall, "ntil he or she vacates his or her seat in the Senate or res"mes the performance of the f"nctions of his or her office, be performed& ,i/ in the case of the 9resident, by the Dep"ty 9resident or, if the office of Dep"ty 9resident is vacant or the Dep"ty 9resident is re;"ired to cease to perform his or her f"nctions as a member of the Senate by virt"e of section 2),3/, by s"ch Senator ,not being a 3inister or a 9arliamentary Secretary/ as the Senate may elect for the p"rpose, ,ii/ in the case of the Dep"ty 9resident, by s"ch Senator ,not being a 3inister or a 9arliamentary Secretary/ as the Senate may elect for the p"rpose% 'f the 9resident or Dep"ty 9resident res"mes the performance of his or her f"nctions as a member of the Senate, in accordance with the provisions of section 2),3/ ,c/, he or she shall also res"me the performance of his or her f"nctions as 9resident or Dep"ty 9resident, as the case may be% The %ouse of ssem!l"
,b/
3'-
COMPOSITION
,1/
The 8o"se shall consist of s"ch n"mber of members as corresponds with the n"mber of constit"encies established in
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accordance with the provisions of section 4*, who shall be elected in accordance with the provisions of section 33% ,2/ 'f a person who is not a member of the 8o"se is elected to be Spea?er he or she shall, by virt"e of holding the office of Spea?er, be a member of the 8o"se% $t any time when the office of $ttorney 5eneral is a p"blic office, the $ttorney 5eneral shall, by virt"e of holding or acting in that office, be a member of the 8o"se%
,3/
31-
.UALIFICATIONS FOR ELECTION
S"b<ect to the provisions of section 32, a person shall be ;"alified to be elected as a member of the 8o"se if, and shall not be so ;"alified "nless, he or she& ,a/ is a citi6en of the age of 21 years or "pwards: ,b/ was born in Saint L"cia and is domiciled and resident there at the date of his or her nomination or, having been born elsewhere, has resided there for a period of 12 months immediately before that date: and ,c/ is able to spea? and, "nless incapacitated by blindness or other physical ca"se, to read the #nglish lang"age with a degree of proficiency s"fficient to enable him or her to ta?e an active part in the proceedings of the 8o"se%
32DIS.UALIFICATIONS FOR ELECTION
,1/
$ person shall not be ;"alified to be elected as a member of the 8o"se ,hereinafter in this section referred to as a member/ if he or she& ,a/ is by virt"e of his or her own act, "nder any ac?nowledgment of allegiance, obedience or adherence to a foreign power or state: ,b/ is a minister of religion: ,c/ is an "ndischarged ban?r"pt, having been ad<"dged or otherwise declared ban?r"pt "nder any law in force in any part of the !ommonwealth: ,d/ is a person certified to be insane or otherwise ad<"dged to be of "nso"nd mind "nder any s"ch law:
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,e/
,f/
is "nder sentence of death imposed on him or her by a co"rt of law in any part of the !ommonwealth or is serving a sentence of imprisonment ,by whatever name called/ e=ceeding 12 months imposed on him or her by s"ch a co"rt or s"bstit"ted by competent a"thority for some other sentence imposed on him or her by s"ch a co"rt, or is "nder s"ch a sentence of imprisonment the e=ec"tion of which has been s"spended: or s"b<ect to s"ch e=ceptions and limitations as may be prescribed by 9arliament, has an interest in any government contract%
,2/
'f it is so provided by 9arliament, a person shall not be ;"alified to be elected as a member if he or she holds or is acting in any office that is specified by 9arliament and the f"nctions of which involve responsibility for, or in connection with, the cond"ct of any election of members or the compilation of any register of voters for the p"rpose of electing members% 'f it is so provided by 9arliament, a person who is convicted by any co"rt of law of any offence that is prescribed by 9arliament and that is connected with the election of members or who is reported g"ilty of s"ch an offence by the co"rt trying an election petition shall not be ;"alified, for s"ch period ,not e=ceeding ) years/ following his or her conviction or, as the case may be, following the report of the co"rt as may be so prescribed, to be elected as a member% $ person shall not be ;"alified to be elected as a member if he or she is a Senator% 'f it is so provided by 9arliament and s"b<ect to s"ch e=ceptions and limitations ,if any/ as 9arliament may prescribe, a person shall not be ;"alified to be elected as a member if& ,a/ he or she holds or is acting in any office or appointment ,whether specified individ"ally or by reference to a class of office or appointment/: ,b/ he or she belongs to any of the armed forces of Saint L"cia or to any class of person that is comprised in any s"ch force: ,c/ he or she belongs to any police force or to any class of person that is comprised in any s"ch force: or
,3/
,2/ ,4/
26
C01. 1.01
Laws of Saint L"cia

,d/
he or she has, within s"ch period ,not e=ceeding 3 years/ as 9arliament may prescribe, held or acted in any office or appointment the ten"re of which wo"ld, by virt"e of any provision made "nder this s"bsection, dis;"alify him or her for election as a member, being an office or appointment the emol"ments of which e=ceed s"ch amo"nt as 9arliament may prescribe%
,6/
'n s"bsection ,1/& B-ove6n.ent $ont60$tC means any contract made with the 5overnment or with a department of the 5overnment or with an officer of the 5overnment contracting as s"ch: B.iniste6 o* 6e8i-ionC means any person in holy orders and any other person the f"nctions of whose principal occ"pation incl"de teaching or preaching in any congregation for religio"s worship%
,)/
0or the p"rposes of s"bsection ,1/,e/& ,a/ 2 or more sentences of imprisonment that are re;"ired to be served consec"tively shall be regarded as separate sentences if none of those sentences e=ceeds 12 months, b"t if any one of s"ch sentences e=ceeds that term they shall be regarded as one sentence: and ,b/ no acco"nt shall be ta?en of a sentence of imprisonment imposed as an alternative to or in defa"lt of the payment of a fine%
33-
ELECTIONS
,1/
#ach of the constit"encies established in accordance with the provisions of section 4* shall ret"rn one member to the 8o"se who shall be directly elected in s"ch manner as may, s"b<ect to the provisions of this !onstit"tion, be prescribed by or "nder any law% ,a/ #very !ommonwealth citi6en of the prescribed age who possesses s"ch ;"alifications relating to residence or domicile in Saint L"cia as 9arliament may prescribe shall, "nless he or she is dis;"alified by 9arliament from registration as a voter for the p"rpose of electing members of the 8o"se, be entitled to be registered as s"ch a voter
,2/
Laws of Saint L"cia

C01. 1.01
2)
,b/
,c/
in accordance with the provisions of any law in that behalf, and no other person may be so registered% #very person who is registered as aforesaid in any constit"ency shall, "nless he or she is dis;"alified by 9arliament from voting in that constit"ency in any election of members of the 8o"se, be entitled so to vote, in accordance with the provisions of any law in that behalf, and no other person may so vote% 0or the p"rposes of this s"bsection the prescribed age shall be the age of 21 years or s"ch lower age, not being less than 1* years, as 9arliament may prescribe%
,3/
'n any election of members of the 8o"se the votes shall be given by ballot in s"ch manner as not to disclose how any partic"lar person votes%
3!-
TENURE OF OFFICE
,1/
$ member of the 8o"se ,hereinafter in this section referred to as a member/ shall vacate his or her seat in the 8o"se at the ne=t dissol"tion of 9arliament after his or her election% $ member shall also vacate his or her seat in the 8o"se& ,a/ if he or she is absent from the sittings of the 8o"se for s"ch period and in s"ch circ"mstances as may be prescribed in the r"les of proced"re of the 8o"se: ,b/ if he or she ceases to be a citi6en: or ,c/ s"b<ect to the provisions of s"bsection ,3/, if any other circ"mstances arise that, if he or she were not a member, wo"ld ca"se him or her to be dis;"alified to be elected as s"ch by virt"e of section 32,1/ or of any law enacted in p"rs"ance of section 32,2/, 32,3/ or 32,4/% ,a/ 'f any circ"mstances s"ch as are referred to in of s"bsection ,2/,c/ arise beca"se any member is "nder sentence of death or imprisonment, ad<"dged to be of "nso"nd mind, declared ban?r"pt or convicted or reported g"ilty of an offence relating to elections and if it is open to the member to appeal against the decision ,either with the leave of a co"rt of law or other a"thority or witho"t s"ch leave/, he or she shall cease to perform his or her f"nctions as a member b"t, s"b<ect to the provisions of
,2/
,3/
2*
C01. 1.01
Laws of Saint L"cia

this section, he or she shall not vacate his or her seat "ntil the e=piration of a period of 30 days thereafterA 9rovided that the Spea?er may, at the re;"est of the member, from time to time e=tend that period for f"rther periods of 30 days to enable the member to p"rs"e an appeal against the decision, so, however, that e=tensions of time e=ceeding in the aggregate 140 days shall not be given witho"t the approval, signified by resol"tion, of the 8o"se% 'f, on the determination of any appeal, s"ch circ"mstances contin"e to e=ist and no f"rther appeal is open to the member, or if, by reason of the e=piration of any period for entering an appeal or notice thereof or the ref"sal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he or she shall vacate his or her seat% 'f at any time before the member vacates his or her seat s"ch circ"mstances aforesaid cease to e=ist, his or her seat shall not become vacant on the e=piration of the period referred to in paragraph ,a/ and he or she may res"me the performance of his or her f"nctions as a member%
,b/
,c/
,2/
eferences in this section to a member do not incl"de references to a Spea?er who was elected from among persons who were not members of the 8o"se%
35-
SPEA/ER
,1/
7hen the 8o"se first meets after any general election of members and before it proceeds to the despatch of any other b"siness, it shall elect a person to be the Spea?er: and if the office of Spea?er falls vacant at any time before the ne=t dissol"tion of 9arliament, the 8o"se shall, as soon as practicable, elect another person to that office% The Spea?er may be elected either from among the members of the 8o"se who are not members of the !abinet or 9arliamentary Secretaries or from among persons who are not members of the 8o"seA 9rovided that a person who is not a member of the 8o"se shall not be elected as Spea?er if& ,a/ he or she is not a !ommonwealth citi6en: or
,2/
Laws of Saint L"cia

C01. 1.01
2(
,b/
he or she is a person dis;"alified to be elected as a member by virt"e of section 32,1/ or 32,2/ or by virt"e or any law enacted in p"rs"ance of section 32,2/, 32,3/ or 32,4/%
,3/
+o b"siness shall be transacted in the 8o"se ,other than the election of a Spea?er/ at any time when the office of Spea?er is vacant% $ person shall vacate the office of Spea?er& ,a/ in the case of a Spea?er who was elected from among the members of the 8o"se& ,i/ if he or she ceases to be a member of the 8o"seA provided that the Spea?er shall not vacate his or her office by reason only that he or she ceased to be a member of the 8o"se on a dissol"tion of 9arliament, "ntil the 8o"se first meets after the dissol"tion, or ,ii/ if he or she becomes a member of the !abinet or a 9arliamentary Secretary: ,b/ in the case of a Spea?er who was elected from among persons who were not members of the 8o"se& ,i/ when the 8o"se first meets after any dissol"tion of 9arliament, ,ii/ if he or she ceases to be a !ommonwealth citi6en, or ,iii/ if any circ"mstances arise that wo"ld ca"se him or her to be dis;"alified to be elected as a member by virt"e of section 32,1/ or 32,2/ or by virt"e of any law enacted in p"rs"ance of section 32,2/, 32,3/ or 32,4/% 'f, by virt"e of section 32,3/, the Spea?er ,being an elected member of the 8o"se/ is re;"ired to cease to perform his or her f"nctions as a member of the 8o"se he or she shall also cease to perform his or her f"nctions as Spea?er: and if the Spea?er res"mes the performance of his or her f"nctions as a member of the 8o"se, in accordance with the provisions of that section, he or she shall also res"me the performance of his or her f"nctions as Spea?er% $t any time when, by virt"e of section 32,3/, the Spea?er is "nable to perform the f"nctions of his or her office, those
,2/
,4/
,6/
40
C01. 1.01
Laws of Saint L"cia

f"nctions shall, "ntil he or she vacates his or her seat in the 8o"se or res"mes the performance of the f"nctions of his or her office, be performed by the Dep"ty Spea?er or, if the office of Dep"ty Spea?er is vacant or the Dep"ty Spea?er is re;"ired to cease to perform his or her f"nctions as a member of the 8o"se by virt"e of that s"bsection, by s"ch member of the 8o"se ,not being a member of the !abinet or a 9arliamentary Secretary/ as the 8o"se may elect for the p"rpose%
36DEPUT" SPEA/ER
,1/
7hen the 8o"se first meets after any general election of members and before it proceeds to the despatch of any other b"siness e=cept the election of the Spea?er, the 8o"se shall elect a member of the 8o"se, who is not a member of the !abinet or a 9arliamentary Secretary, to be Dep"ty Spea?er of the 8o"se and if the office of Dep"ty Spea?er falls vacant at any time before the ne=t dissol"tion of 9arliament, the 8o"se shall, as soon as convenient, elect another member of the 8o"se to that office% $ person shall vacate the office of Dep"ty Spea?er& ,a/ if he or she ceases to be a member of the 8o"se: ,b/ if he or she becomes a member of the !abinet or a 9arliamentary Secretary: or ,c/ if he or she is elected to be Spea?er% 'f, by virt"e of section 32,3/, the Dep"ty Spea?er is re;"ired to cease to perform his or her f"nctions as a member of the 8o"se he or she shall also cease to perform his or her f"nctions as Dep"ty Spea?er and if the Dep"ty Spea?er res"mes the performance of his or her f"nctions as a member of the 8o"se, in accordance with the provisions of that section, he or she shall also res"me the performance of his or her f"nctions as Dep"ty Spea?er% $t any time when, by virt"e of section 32,3/, the Dep"ty Spea?er is "nable to perform the f"nctions of his or her office, those f"nctions shall, "ntil he or she vacates his or her seat in the 8o"se or res"mes the performance of the f"nctions of his or her office, be performed by s"ch member of the 8o"se ,not being a member of the !abinet or a 9arliamentary Secretary/ as the 8o"se may elect for the p"rpose%
,2/
,3/
,2/
Laws of Saint L"cia

C01. 1.01
41
37-
RESPONSI#ILIT" FOR ELECTIONS
,1/
The #lectoral !ommission shall be responsible for the registration of voters for the p"rpose of electing members of the 8o"se and for the cond"ct of elections of members of the 8o"se and shall have s"ch powers and other f"nctions relating to s"ch registration and elections as may be prescribed by law%
1
,2/
'n the discharge of its f"nctions the #lectoral !ommission shall be assisted by a !hief #lections @fficer, whose office shall be a p"blic office, and the !ommission may give s"ch directions as it considers necessary or e=pedient to the @fficer, who shall comply with s"ch directions or ca"se them to be complied with% 0or the p"rposes of the e=ercise of his or her f"nctions "nder s"bsection ,2/, the !hief #lections @fficer may give s"ch directions as he or she considers necessary or e=pedient to any registering officer, presiding officer or ret"rning officer relating to the e=ercise by that officer of his or her f"nctions "nder any law reg"lating the registration of voters or the cond"ct of elections, and any officer to whom directions are given "nder this s"bsection shall comply with those directions% The #lectoral !ommission may ma?e s"ch reports to the 5overnor 5eneral concerning the matters for which it is responsible "nder this section or any draft bill or instr"ment that is referred to it "nder section 42, as it may thin? fit and if the !ommission so re;"ests in any s"ch report other than a report on a draft bill or instr"ment that report shall be laid before the 8o"se% 7itho"t pre<"dice to the provisions of s"bsection ,2/, in the e=ercise of his or her f"nctions "nder this section the !hief #lections @fficer shall not be s"b<ect to the direction or control of any other person or a"thority% The ;"estion whether the !hief #lections @fficer has acted in accordance with the directions of the #lectoral !ommission shall not be en;"ired into in any co"rt of law% &eneral pro'isions
,3/
,2/
,4/
,6/
See #lections $ct%
42
C01. 1.01
Laws of Saint L"cia

3$-
CLER/S OF SENATE AND HOUSE OF ASSEM#L" AND THEIR STAFF
,1/
There shall be a !ler? of the Senate and a !ler? of the 8o"seA 9rovided that the offices of !ler? of the Senate and !ler? of the 8o"se may be held by the same person%
,2/
S"b<ect to the provisions of any law enacted by 9arliament the offices of !ler? of the Senate and !ler? of the 8o"se and the members of their staff shall be p"blic offices%
3&-
DETERMINATION OF .UESTIONS OF MEM#ERSHIP
,1/
The 8igh !o"rt shall have <"risdiction to hear and determine any ;"estion whether& ,a/ any person has been validly elected as a member of the 8o"se: ,b/ any person has been validly appointed as a Senator: ,c/ any person who has been elected as Spea?er from among persons who were not members of the 8o"se was ;"alified to be so elected or has vacated the office of Spea?er: ,d/ any Senator or any elected member of the 8o"se has vacated his or her seat or is re;"ired, "nder the provisions of section 2),3/ or 32,3/, to cease to perform any of his or her f"nctions as a member of the Senate or of the 8o"se% $n application to the 8igh !o"rt for the determination of any ;"estion "nder s"bsection ,1/,a/ may be made by any person entitled to vote in the election to which the application relates or by any person who was a candidate at that election or by the $ttorney 5eneral% $n application to the 8igh !o"rt for the determination of any ;"estion "nder s"bsection ,1/,b/ or ,1/,c/ may be made by any registered voter or by the $ttorney 5eneral% $n application to the 8igh !o"rt for the determination of any ;"estion "nder s"bsection ,1/,d/ may be made& ,a/ by a registered voter or by the $ttorney 5eneral: or ,b/ in relation to the Senate, by a Senator and in relation to the 8o"se, by a member of the 8o"se%
,2/
,3/
,2/
Laws of Saint L"cia

C01. 1.01
43
,4/
'f any application is made by a person other than the $ttorney 5eneral to the 8igh !o"rt for the determination of any ;"estion "nder this section, the $ttorney 5eneral may intervene and may then appear or be represented in the proceedings% The circ"mstances and manner in which and the imposition of conditions "pon which any application may be made to the 8igh !o"rt for the determination of any ;"estion "nder this section and the powers, practice and proced"re of the 8igh !o"rt in relation to any s"ch application shall be reg"lated by s"ch provision as may be made by 9arliament% $n appeal shall lie as of right to the !o"rt of $ppeal from any final decision of the 8igh !o"rt determining s"ch a ;"estion as is referred to in s"bsection ,1/% +o appeal shall lie from any decision of the !o"rt of $ppeal in e=ercise of the <"risdiction conferred by s"bsection ,)/ and no appeal shall lie from any decision of the 8igh !o"rt in proceedings "nder this section other than a final decision determining s"ch a ;"estion as is referred to in s"bsection ,1/% 'n the e=ercise of his or her f"nctions "nder this section, the $ttorney 5eneral shall not be s"b<ect to the direction or control of any other person or a"thority%
,6/
,)/
,*/
,(/
,10/ 'n this section Bregistered voterC means a person registered as a voter in accordance with section 33,2/,a/%
PART 2
!'PO,ER TO MA/E LA,S
S"b<ect to the provisions of this !onstit"tion 9arliament may ma?e laws for the peace, order and good government of Saint L"cia%
!1ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER
,1/
9arliament may alter any of the provisions of this !onstit"tion or of the S"preme !o"rt @rder in the manner specified in the following provisions of this section%
42
C01. 1.01
Laws of Saint L"cia

,2/
$ bill to alter this section, Sched"le 1 to this !onstit"tion or any of the provisions of this !onstit"tion specified in 9art ' of that Sched"le or any of the provisions of the S"preme !o"rt @rder specified in 9art '' of that Sched"le shall not be regarded as being passed by the 8o"se "nless on its final reading in the 8o"se the bill is s"pported by the votes of not less than G of all the members of the 8o"se% $ bill to alter any of the provisions of this !onstit"tion or, as the case may be, of the S"preme !o"rt @rder other than those referred to in s"bsection ,2/ shall not be regarded as being passed by the 8o"se "nless on its final reading in the 8o"se the bill is s"pported by the votes of not less than F of all the members of the 8o"se% $n amendment made by the Senate to a bill to which s"bsection ,2/ applies shall not be regarded as being agreed to by the 8o"se for the p"rposes of section 40 "nless s"ch agreement is signified by resol"tion s"pported by the votes of not less than G of all the members of the 8o"se% $n amendment made by the Senate to a bill to which s"bsection ,3/ applies shall not be regarded as being agreed to by the 8o"se for the p"rposes of section 40 "nless s"ch agreement is signified by resol"tion s"pported by the votes of not less than F of all the members of the 8o"se% $ bill to alter any of the provisions of this !onstit"tion or the S"preme !o"rt @rder shall not be s"bmitted to the 5overnor 5eneral for his or her assent& ,a/ "nless there has been an interval of not less than (0 days between the introd"ction of the bill in the 8o"se and the beginning of the proceedings in the 8o"se on the second reading of the bill: and ,b/ if the bill provides for the alteration of this section, Sched"le ' to this !onstit"tion or any of the provisions of this !onstit"tion or the S"preme !o"rt @rder specified in that Sched"le, "nless after it has been passed by the Senate and the 8o"se or, in the case of a bill to which section 40 applies, after its re<ection by the Senate for the second time, the bill has been approved on a referend"m, held in accordance with s"ch provision as may be made in that behalf by 9arliament, by a ma<ority of the votes validly cast on that referend"m%
,3/
,2/
,4/
,6/
Laws of Saint L"cia

C01. 1.01
44
,)/
The provisions of s"bsection ,6/,b/ shall not apply in relation to any bill to alter& ,a/ section 10) in order to give effect to any agreement between Saint L"cia and the -nited .ingdom concerning appeals from any co"rt having <"risdiction in Saint L"cia to 8er 3a<esty in !o"ncil: ,b/ any of the provisions of the S"preme !o"rt @rder in order to give effect to any international agreement to which Saint L"cia is a party relating to the S"preme !o"rt or any other co"rt ,or any officer or a"thority having f"nctions in respect of any s"ch co"rt/ constit"ted in common for Saint L"cia and for other co"ntries also parties to the agreement% #very person who, at the time when the referend"m is held, wo"ld be entitled to vote for the p"rpose of electing members of the 8o"se shall be entitled to vote on a referend"m held for the p"rposes of this section in accordance with s"ch proced"res as may be prescribed by 9arliament for the p"rposes of the referend"m and no other person shall be entitled so to vote% 'n any referend"m for the p"rposes of this section the votes shall be given by ballot in s"ch manner as not to disclose how any partic"lar person votes%
,*/
,(/
,10/ The cond"ct of any referend"m for the p"rposes of this section shall be the responsibility of the #lectoral !ommission and the provisions of sections 3) and 42 shall apply in relation to the referend"m as they apply in relation to elections of members of the 8o"se and legislation relating thereto% ,11/ ,a/ $ bill to alter any of the provisions of this !onstit"tion or the S"preme !o"rt @rder shall not be s"bmitted to the 5overnor 5eneral for his or her assent "nless it is accompanied by a certificate "nder the hand of the Spea?er that the provisions of s"bsection ,2/, ,3/, ,2/ or ,4/, as the case may be, have been complied with and, where a referend"m has been held in p"rs"ance of s"bsection ,6/,b/, by a certificate "nder the hand of the !hief #lections @fficer stating the res"lts of the referend"m% The certificate of the Spea?er "nder this s"bsection shall be concl"sive that the provisions of s"bsection ,2/, ,3/,
,b/
46
C01. 1.01
Laws of Saint L"cia

,c/
,2/ or ,4/, as the case may be, have been complied with and shall not be en;"ired into in any co"rt of law% 'n this s"bsection references to the Spea?er shall, if the person holding the office of Spea?er is for any reason "nable to perform the f"nctions of his or her office and no other person is performing them, incl"de references to the Dep"ty Spea?er%
,12/ 'n this section and Sched"le ' to this !onstit"tion references to any of the provisions of this !onstit"tion or the S"preme !o"rt @rder incl"de references to any law that alters that provision%
!2FREEDOM OF SPEECH
7itho"t pre<"dice to any provision made by 9arliament relating to the powers, privileges and imm"nities of the Senate or the 8o"se and the committees thereof, or the privileges and imm"nities of the members and officers of the Senate or the 8o"se and of other persons concerned in the b"siness of the Senate or the 8o"se or the committees thereof, no civil or criminal proceedings may be instit"ted against any member of the Senate or the 8o"se for words spo?en before, or written in a report to, the Senate or the 8o"se or a committee thereof or by reason of any matter or thing bro"ght by him or her therein by petition, bill, resol"tion, motion or otherwise%
!3OATH #" MEM#ERS
,1/
#very member of the Senate or the 8o"se shall, before ta?ing his or her seat therein, ta?e and s"bscribe before the Senate or the 8o"se, as the case may be, the oath of allegiance b"t a member may before ta?ing that oath ta?e part in the election of the 9resident or Spea?er% $ny person elected to the office of 9resident or Spea?er shall, if he or she has not already ta?en and s"bscribed the oath of allegiance "nder s"bsection ,1/, ta?e and s"bscribe that oath before the Senate or the 8o"se, as the case may be, before entering "pon the d"ties of his or her office%
,2/
!!-
PRESIDING
There shall preside at any sitting of the Senate or the 8o"se& ,a/ the 9resident or Spea?er:
Laws of Saint L"cia

C01. 1.01
4)
,b/ ,c/
in the absence of the 9resident or Spea?er, the Dep"ty 9resident or Dep"ty Spea?er: or in the absence of the 9resident or Spea?er and the Dep"ty 9resident or Dep"ty Spea?er, s"ch member thereof ,not being a member of the !abinet or a 9arliamentary Secretary/ as the Senate or the 8o"se, as the case may be, may elect for that p"rpose%
!5-
VOTING
,1/
Save as otherwise provided in sections 1),)/, 1*,2/, 21,2/, 21,3/, 21,2/ and 21,4/, any ;"estion proposed for decision in the Senate or the 8o"se shall be determined by a ma<ority of the votes of the members present and voting% $ ;"estion shall not be regarded as having been validly determined by a vote in the Senate or the 8o"se "nless at least 6 members, or s"ch greater n"mber of members as 9arliament may prescribe, ta?e part in the voting% The reference to all the members of the 8o"se in sections 1),)/, 1*,2/, 21,2/, 21,3/, 21,2/ and 21,4/ shall not incl"de the Spea?er if he or she was elected from among persons who were not members of the 8o"se% The 9resident or other Senator presiding in the Senate and a Spea?er who was elected from among the members of the 8o"se or other member presiding in the 8o"se shall not vote "nless on any ;"estion the votes are e;"ally divided, in which case he or she shall have and e=ercise a casting voteA 9rovided that in the case of the ;"estion of the final reading of s"ch a bill as is referred to in section 21,2/ or 21,3/ or the ;"estion of a motion for s"ch a resol"tion as is referred to in section 21,2/ or 21,4/ a Spea?er who was so elected or other member presiding in the 8o"se shall have an original vote b"t no casting vote%
,2/
,3/
,2/
,4/
$ Spea?er who was elected from among persons who were not members of the 8o"se shall have neither an original nor a casting vote% 'f, "pon any ;"estion before the 8o"se the votes of the members are e;"ally divided and no casting vote may be e=ercised, the motion shall be lost%
,6/
4*
C01. 1.01
Laws of Saint L"cia

!6-
PENALT" FOR SITTING IF UN.UALIFIED
,1/
$ny person who sits or votes in the Senate or the 8o"se ?nowing or having reasonable gro"nds for ?nowing that he or she is not entitled to do so shall be g"ilty of an offence and liable to a fine not e=ceeding H100, or s"ch other s"m as may be prescribed by 9arliament, for each day on which he or she so sits or votes% $ny prosec"tion for an offence "nder this section shall be instit"ted in the 8igh !o"rt and shall not be so instit"ted e=cept by the Director of 9"blic 9rosec"tions%
,2/
!7-
MODE OF E%ERCISE OF LEGISLATIVE PO,ER
,1/
The power of 9arliament to ma?e laws shall be e=ercised by bills passed by the Senate and the 8o"se ,or in the cases mentioned in sections 2( and 40 by the 8o"se/ and assented to by the 5overnor 5eneral% 7hen a bill is s"bmitted to the 5overnor 5eneral for assent in accordance with the provisions of this !onstit"tion he or she shall signify that he or she assents% 7hen the 5overnor 5eneral assents to a bill that has been s"bmitted to him or her in accordance with the provisions of this !onstit"tion the bill shall become law and the 5overnor 5eneral shall there"pon ca"se it to be p"blished in the @fficial 5a6ette as law% +o law made by 9arliament shall come into operation "ntil it has been p"blished in the @fficial 5a6ette b"t 9arliament may postpone the coming into operation of any s"ch law and may ma?e laws with retrospective effect%
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RESTRICTIONS ,ITH REGARD TO CERTAIN FINANCIAL MEASURES
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$ bill other than a money bill may be introd"ced in the Senate or the 8o"se: a money bill shall not be introd"ced in the Senate% #=cept on the recommendation of the 5overnor 5eneral signified by a 3inister, neither the Senate nor the 8o"se shall &
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proceed "pon any bill ,incl"ding any amendment to a bill/ that, in the opinion of the person presiding, ma?es provision for any of the following p"rposesA ,i/ for the imposition of ta=ation or the alteration of ta=ation otherwise than by red"ction: ,ii/ for the imposition of any charge "pon the !onsolidated 0"nd or any other p"blic f"nd of Saint L"cia or the alteration of any s"ch charge otherwise than by red"ction: ,iii/ for the payment, iss"e or withdrawal from the !onsolidated 0"nd or any other p"blic f"nd of Saint L"cia of any monies not charged thereon or any increase in the amo"nt of s"ch payment, iss"e or withdrawal: or ,iv/ for the composition or remission of any debt d"e to the !rown: or proceed "pon any motion ,incl"ding any amendment to a motion/ the effect of which, in the opinion of the person presiding, wo"ld be to ma?e provision for any of those p"rposes%
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RESTRICTIONS ON PO,ERS OF SENATE AS TO MONE" #ILLS
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'f a money bill, having been passed by the 8o"se and sent to the Senate at least one month before the end of the session, is not passed by the Senate witho"t amendment within one month after it is sent to the Senate, the bill shall, "nless the 8o"se otherwise resolves, be presented to the 5overnor 5eneral for his or her assent notwithstanding that the Senate has not consented to the bill% There shall be endorsed on every money bill when it is sent to the Senate the certificate of the Spea?er signed by him or her that it is a money bill: and there shall be endorsed on any money bill that is s"bmitted to the 5overnor 5eneral for assent in p"rs"ance of s"bsection ,1/ the certificate of the Spea?er signed by him or her that it is a money bill and the provisions of that s"bsection have been complied with%
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RESTRICTIONS ON PO,ERS OF SENATE AS TO #ILLS OTHER THAN MONE" #ILLS
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This section applies to any bill other than a money bill that is passed by the 8o"se in 2 s"ccessive sessions ,whether or not 9arliament is dissolved between those sessions/ and, having been sent to the Senate in each of those sessions at least one month before the end of the session, is re<ected by the Senate in each of those sessions% $ bill to which this section applies shall, on its re<ection for the second time by the Senate, "nless the 8o"se otherwise resolves, be s"bmitted to the 5overnor 5eneral for assent notwithstanding that the Senate has not consented to the billA 9rovided that& ,a/ the foregoing provisions of this s"bsection shall not have effect "nless at least 6 months have elapsed between the date on which the bill is passed by the 8o"se in the first session and the date on which it is passed by the 8o"se in the second session: ,b/ a bill s"ch as is referred to in section 21,2/ or 21,3/ shall not be s"bmitted to the 5overnor 5eneral for his or her assent "nless the provisions of that s"bsection have been complied with and the power conferred on the 8o"se by this s"bsection to resolve that a bill shall not be presented to the 5overnor 5eneral for assent shall not be e=ercised in respect of s"ch a bill%
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0or the p"rposes of this section a bill that is sent to the Senate from the 8o"se in any session shall be deemed to be the same bill as a former bill sent to the Senate in the preceding session if, when it is sent to the Senate, it is identical with the former bill or contains only s"ch alterations as are certified by the Spea?er to be necessary owing to the time that has elapsed since the date of the former bill or to represent any amendments which have been made by the Senate in the former bill in the preceding session% The 8o"se may, if it thin?s fit, on the passage thro"gh the 8o"se of a bill that is deemed to be the same bill as a former bill sent to the Senate in the preceding session, s"ggest any amendments witho"t inserting the amendments in the bill, and any s"ch amendments shall be considered by the Senate, and if agreed to by the Senate, shall be treated as amendments made
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by the Senate and agreed to by the 8o"se: b"t the e=ercise of this power by the 8o"se shall not affect the operation of this section in the event of the re<ection of the bill in the Senate% ,4/ There shall be inserted in any bill that is s"bmitted to the 5overnor 5eneral for assent in p"rs"ance of this section any amendments that are certified by the Spea?er to have been made in the bill by the Senate in the second session and agreed to by the 8o"se% There shall be endorsed on any bill that is presented to the 5overnor 5eneral for assent in p"rs"ance of this section the certificate of the Spea?er signed by him or her that the provisions of this section have been complied with%
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PROVISION RELATING TO SS- !& AND 5'
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'n sections 2*, 2( and 40, Bmoney billC means a p"blic bill which, in the opinion of the Spea?er, contains only provisions dealing with all or any of the following matters, namely the imposition, repeal, remission, alteration or reg"lation of ta=ation: the imposition, for the payment of debt or other financial p"rposes, of charges on p"blic money, or the variation or repeal of any s"ch charges: the grant of money to the !rown or to any a"thority or person, or the variation or revocation of any s"ch grant: the appropriation, receipt, c"stody, investment, iss"e or a"dit of acco"nts of p"blic money: the raising or g"arantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sin?ing f"nd provided in connection with any s"ch loan: or s"bordinate matters incidental to any of the matters aforesaid: and in this s"bsection the e=pressions Bta=ationC, BdebtC, Bp"blic moneyC and BloanC do not incl"de any ta=ation imposed, debt inc"rred or money provided or loan raised by any local a"thority or body for local p"rposes% 0or the p"rposes of section 40, a bill shall be deemed to be re<ected by the Senate if& ,a/ it is not passed by the Senate witho"t amendment: or ,b/ it is passed by the Senate with any amendment which is not agreed to by the 8o"se% 'n this section and sections 2( and 40 references to the Spea?er shall, if the person holding the office of Spea?er is for any
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reason "nable to perform the f"nctions of his or her office and no other person is performing them, incl"de references to the Dep"ty Spea?er% ,2/ $ny certificate of the Spea?er given "nder section 2( or 40 shall be concl"sive for all p"rposes and shall not be ;"estioned in any co"rt of law% Iefore giving any certificate "nder section 2( or 40 the Spea?er shall cons"lt the $ttorney 5eneral%
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SCRUTIN" OF ELECTORAL LEGISLATION
#very proposed bill and every proposed reg"lation or other instr"ment having the force of law relating to the registration of voters for the p"rpose of electing members of the 8o"se or to the election of members of the 8o"se shall be referred to the #lectoral !ommission and to the !hief #lections @fficer at s"ch time as shall give them s"fficient opport"nity to ma?e comments thereon before the bill is introd"ced in the Senate or the 8o"se or, as the case may be, the reg"lation or other instr"ment is made%
53REGULATION OF PROCEDURE
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S"b<ect to the provisions of this !onstit"tion, the Senate and the 8o"se may each reg"late its own proced"re and may in partic"lar ma?e r"les for the orderly cond"ct of its own proceedings% The Senate or the 8o"se may act notwithstanding any vacancy in its membership ,incl"ding any vacancy not filled when it first meets after any general election/ and the presence or participation of any person not entitled to be present at or to participate in its proceedings shall not invalidate those proceedings%
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PART 3
5!SESSIONS
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#ach session of 9arliament shall be held at s"ch place within Saint L"cia and shall begin at s"ch time, not being later than 12
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months from the end of the preceding session if 9arliament has been prorog"ed or one month from the holding of a general election of members of the 8o"se if 9arliament has been dissolved, as the 5overnor 5eneral shall appoint by 9roclamation% ,2/ S"b<ect to the provisions of s"bsection ,1/, the sittings of the Senate or the 8o"se shall be held at s"ch time and place as it may, by its r"les of proced"re or otherwise, determine%
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PROROGATION AND DISSOLUTION
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The 5overnor 5eneral may at any time prorog"e or dissolve 9arliament% S"b<ect to the provisions of s"bsection ,3/ 9arliament, "nless sooner dissolved, shall contin"e for 4 years from the date of the first sitting of the 8o"se after any dissol"tion and shall then stand dissolved% $t any time when Saint L"cia is at war, 9arliament may e=tend the period of 4 years specified in s"bsection ,2/ for not more than 12 months at a timeA 9rovided that the life of 9arliament shall not be e=tended "nder this s"bsection for more than 4 years%
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'n the e=ercise of his or her powers to dissolve 9arliament, the 5overnor 5eneral shall act in accordance with the advice of the 9rime 3inisterA 9rovided that& ,a/ if the 9rime 3inister advises a dissol"tion and the 5overnor 5eneral, acting in his or her own deliberate <"dgment, considers that the government of Saint L"cia can be carried on witho"t a dissol"tion and that a dissol"tion wo"ld not be in the interests of Saint L"cia, he or she may, acting in his or her own deliberate <"dgment, ref"se to dissolve 9arliament: ,b/ if a resol"tion of no confidence in the 5overnment is passed by the 8o"se and the 9rime 3inister does not within 3 days either resign or advise a dissol"tion, the 5overnor 5eneral, acting in his or her own deliberate <"dgment, may dissolve 9arliament: and
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if the office of the 9rime 3inister is vacant and the 5overnor 5eneral, acting in his or her own deliberate <"dgment, considers that there is no prospect of his or her being able within a reasonable time to ma?e an appointment to that office, the 5overnor 5eneral shall dissolve 9arliament%
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'f, after a dissol"tion of 9arliament and before the holding of a general election of members of the 8o"se, the 9rime 3inister advises the 5overnor 5eneral that, owing to the e=istence of a state of war or of a state of emergency in Saint L"cia, it is necessary to recall 9arliament, the 5overnor 5eneral shall s"mmon the 9arliament that has been dissolved to meet, b"t, "nless the life of 9arliament is e=tended "nder the provision of s"bsection ,3/, the general election shall proceed and the 9arliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the date appointed for the nomination of candidates in the general election%
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HOLDINGS OF ELECTIONS
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$ general election of members of the 8o"se shall be held at s"ch time within 3 months after any dissol"tion of 9arliament as the 5overnor 5eneral may appoint% 7here the seat of a member of the 8o"se or a Senator falls vacant otherwise than by reason of a dissol"tion of 9arliament & ,a/ if the vacant seat is that of a member of the 8o"se, a by> election shall be held: or ,b/ if the vacant seat is that of a Senator an appointment shall be made, to fill the vacancy within 3 months of the occ"rrence of the vacancy "nless 9arliament is sooner dissolved%
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PART !
57CONSTITUENC" #OUNDARIES COMMISSION AND ELECTORAL COMMISSION
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There shall be a !onstit"ency Io"ndaries !ommission and an #lectoral !ommission for Saint L"cia ,each of which is hereinafter in this section referred to as a !ommission/% The !onstit"ency Io"ndaries !ommission shall consist of& ,a/ the Spea?er, as chairperson: ,b/ two members appointed by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister: and ,c/ two members appointed by the 5overnor 5eneral, acting in accordance with the advice of the Leader of the @pposition% The #lectoral !ommission shall consist of& ,a/ a chairperson appointed by the 5overnor 5eneral, acting in his or her own deliberate <"dgment: ,b/ one member appointed by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister: and ,c/ one member appointed by the 5overnor 5eneral, acting in accordance with the advice of the Leader of the @pposition% $ person shall not be ;"alified to be appointed as a member of a !ommission if he or she is a Senator or member of the 8o"se or a p"blic officer nor, in the case of the chairperson of the #lectoral !ommission, "nless he or she holds one of the specified ;"alifications and has held one or other of those ;"alifications for a total period of not less than ) years% S"b<ect to the provisions of this section, a member of a !ommission who has been appointed shall vacate his or her office& ,a/ when the 8o"se first meets after the ne=t dissol"tion of 9arliament after his or her appointment:
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if any circ"mstances arise that, if he or she were not a member of the !ommission, wo"ld ca"se him or her to be dis;"alified for appointment as s"ch%
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$ member of a !ommission who has been appointed may be removed from office b"t only for inability to discharge the f"nctions thereof ,whether arising from infirmity of mind or body or any other ca"se/ or for misbehavio"r, and he or she shall not be so removed e=cept in accordance with the provisions of this section% $ member of a !ommission who has been appointed shall be removed from office by the 5overnor 5eneral if the ;"estion of his or her removal from office has been referred to a trib"nal appointed "nder s"bsection ,*/ and the trib"nal has recommended to the 5overnor 5eneral that he or she o"ght to be removed from office for inability as aforesaid or for misbehavio"r% 'f the 9rime 3inister, in the case of a member of the !onstit"ency Io"ndaries !ommission appointed in accordance with s"bsection ,2/,b/, or the Leader of the @pposition, in the case of a member of that !ommission appointed in accordance with s"bsection ,2/,c/, represents to the 5overnor 5eneral or if, in the case of the chairperson of the #lectoral !ommission, the 5overnor 5eneral, acting in his or her own deliberate <"dgment, and, in the case of any other member of that !ommission, the 5overnor 5eneral, acting after cons"ltation with the 9rime 3inister and the Leader of the @pposition, considers that the ;"estion of removal of a member of the !ommission from office for inability as aforesaid or for misbehavio"r o"ght to be investigated, then& ,a/ the 5overnor 5eneral shall appoint a trib"nal, which shall consist of a chairperson and not less than 2 other members, selected by the !hief D"stice, from among persons who hold or have held office as a <"dge of a co"rt having "nlimited <"risdiction in civil and criminal matters in some part of the !ommonwealth or a co"rt having <"risdiction in appeals from any s"ch co"rt: and ,b/ the trib"nal shall en;"ire into the matter and report on the facts thereof to the 5overnor 5eneral and recommend to the 5overnor 5eneral whether the member of the !ommission o"ght to be removed from office for inability as aforesaid or for misbehavio"r%
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$ !ommission may reg"late its own proced"re, and, with the consent of the 9rime 3inister, confer powers and impose d"ties on any p"blic officer or on any a"thority of the 5overnment for the p"rpose of the discharge of its f"nctions%
,10/ $ !ommission may, s"b<ect to its r"les of proced"re, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedingsA 9rovided that any decision of the !ommission shall re;"ire the conc"rrence of a ma<ority of all its members% ,11/ 'n the e=ercise of its f"nctions "nder this !onstit"tion a !ommission shall not be s"b<ect to the direction or control of any other person or a"thority%
PART 5
5$REVIE, OF CONSTITUENC" #OUNDARIES
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The !onstit"ency Io"ndaries !ommission ,hereinafter in this section referred to as the !ommission/ shall, in accordance with the provisions of this section, review the n"mber and bo"ndaries of the constit"encies into which Saint L"cia is divided and s"bmit to the 5overnor 5eneral reports either& ,a/ showing the constit"encies into which it recommends that Saint L"cia sho"ld be divided in order to give effect to the r"les set o"t in Sched"le 2 to this !onstit"tion: or ,b/ stating that, in its opinion, no alteration is re;"ired to the e=isting n"mber or bo"ndaries of constit"encies in order to give effect to those r"les% eports "nder s"bsection ,1/ shall be s"bmitted by the !ommission at intervals of not less than 3 nor more than ) yearsA 9rovided that a report "nder s"bsection ,1/,b/ shall not be s"bmitted "ntil the e=piration of 6 years from the s"bmission of the last report "nder that s"bsection%
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$s soon as may be after the !ommission has s"bmitted a report "nder s"bsection ,1/,a/, the 9rime 3inister shall lay before the 8o"se for its approval the draft of an order by the 5overnor 5eneral for giving effect, whether with or witho"t modifications, to the recommendations contained in the report, and that draft order may ma?e provisions for any matters that appear to the 9rime 3inister to be incidental to or conse;"ential "pon the other provisions of the draft% 7here any s"ch draft order gives effect to any s"ch recommendations with modifications, the 9rime 3inister shall lay before the 8o"se together with the draft order a statement of the reasons for the modifications% 'f the motion for the approval of any draft order laid before the 8o"se "nder this section is re<ected by the 8o"se, or is withdrawn by leave of that 8o"se, the 9rime 3inister shall amend the draft order and lay the amended draft before the 8o"se% 'f any draft order laid before the 8o"se "nder this section is approved by resol"tion of the 8o"se, the 9rime 3inister shall s"bmit it to the 5overnor 5eneral who shall ma?e an order in terms of the draft: and that order shall come into force "pon the ne=t dissol"tion of 9arliament after it is made% The ;"estion of the validity of any order by the 5overnor 5eneral p"rporting to be made "nder this section and reciting that a draft thereof has been approved by resol"tion of the 8o"se shall not be en;"ired into in any co"rt of law% There shall be s"ch provision as may be made by 9arliament for an appeal to the 8igh !o"rt against a recommendation or statement made to the 5overnor 5eneral by the !ommission in p"rs"ance of s"bsection ,1/,a/ or ,1/,b/%
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CHAPTER IV
THE E%ECUTIVE
5&E%ECUTIVE AUTHORIT"
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The e=ec"tive a"thority of Saint L"cia is vested in the 8er 3a<esty%
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S"b<ect to the provisions of this !onstit"tion, the e=ec"tive a"thority of Saint L"cia may be e=ercised on behalf of 8er 3a<esty by the 5overnor 5eneral either directly or thro"gh officers s"bordinate to him or her% +othing in this section shall prevent 9arliament from conferring f"nctions on persons or a"thorities other than the 5overnor 5eneral%
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MINISTERS OF THE GOVERNMENT
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There shall be a 9rime 3inister of Saint L"cia who shall be appointed by the 5overnor 5eneral% 7henever the 5overnor 5eneral has occasion to appoint a 9rime 3inister he or she shall appoint a member of the 8o"se who appears to him or her li?ely to command the s"pport of the ma<ority of the members of the 8o"se% There shall be, in addition to the office of 9rime 3inister, s"ch other offices of 3inister of the 5overnment as may be established by 9arliament or, s"b<ect to the provisions of any law enacted by 9arliament, by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister% $ppointments to the office of 3inister, other than the office of 9rime 3inister, shall be made by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister, from among the Senators and the members of the 8o"se% 'f occasion arises for ma?ing an appointment to the office of 9rime 3inister or any other 3inister while 9arliament is dissolved, then, notwithstanding the provisions of s"bsections ,2/ and ,2/, a person who was a member of the 8o"se immediately before the dissol"tion may be appointed as 9rime 3inister or any other 3inister and a person who was a Senator immediately before the dissol"tion may be appointed as any 3inister other than 9rime 3inister% The 5overnor 5eneral shall remove the 9rime 3inister from office if a resol"tion of no confidence in the 5overnment is passed by the 8o"se and the 9rime 3inister does not within 3 days either resign from his or her office or advise the 5overnor 5eneral to dissolve 9arliament% 'f, at any time between the holding of a general election of members of the 8o"se and the first meeting of the 8o"se
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thereafter, the 5overnor 5eneral considers that in conse;"ence of changes in the membership of the 8o"se res"lting from that election the 9rime 3inister will not be able to command the s"pport of the ma<ority of the members of the 8o"se the 5overnor 5eneral may remove the 9rime 3inister from office% ,*/ The office of any 3inister shall become vacant& ,a/ if the holder of the office ceases to be a Senator or a member of the 8o"se otherwise than by reason of the dissol"tion of 9arliament: ,b/ in the case of the 9rime 3inister, if, when the 8o"se first meets after the dissol"tion of 9arliament, he or she is not then a member of the 8o"se: ,c/ in the case of any other 3inister, if, when the 8o"se first meets after the dissol"tion of 9arliament, he or she is not then a Senator or a member of the 8o"se: or ,d/ if, by virt"e of section 2),3/ or 32,3/, he or she is re;"ired to cease to perform his or her f"nctions as a Senator or a member of the 8o"se% The office of a 3inister other than the 9rime 3inister shall become vacant& ,a/ if the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister, so directs: ,b/ if the 9rime 3inister resigns from office within 3 days after a resol"tion of no confidence in the 5overnment has been passed by the 8o"se or is removed from office "nder s"bsection ,6/: or ,c/ on the appointment of any person to the office of 9rime 3inister%
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,10/ 'n the e=ercise of the powers conferred "pon him or her by s"bsections ,2/, ,4/ and ,)/ the 5overnor 5eneral shall act in his or her own deliberate <"dgment%
61CA#INET OF MINISTERS
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There shall be a !abinet of 3inisters for Saint L"cia which shall consist of the 9rime 3inister and the other 3inisters% $t any time when the office of $ttorney 5eneral is a p"blic office the $ttorney 5eneral shall, by virt"e of holding or acting
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in that office, be a member of the !abinet in addition to the 3inisters% ,3/ The f"nctions of the !abinet shall be to advise the 5overnor 5eneral in the government of Saint L"cia and the !abinet shall be collectively responsible to 9arliament for any advice given to the 5overnor 5eneral by or "nder the general a"thority of the !abinet and for all things done by or "nder the a"thority of any 3inister in the e=ec"tion of his or her office% The provisions of s"bsection ,3/ shall not apply in relation to& ,a/ the appointment and removal from office of 3inisters and 9arliamentary Secretaries, the assignment of responsibility to any 3inister "nder section 62, or the a"thorisation of another 3inister to perform the f"nctions of the 9rime 3inister d"ring absence or illness: ,b/ the dissol"tion of 9arliament: or ,c/ the matters referred to in section )2 ,which relate to the prerogative of mercy/%
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ALLOCATION OF PORTFOLIOS TO MINISTERS
The 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister, may, by directions in writing, assign to the 9rime 3inister or any other 3inister responsibility for any b"siness of the 5overnment, incl"ding the administration of any department of governmentA 9rovided that responsibility for finance shall be assigned to a 3inister who is a member of the 8o"se%
63PERFORMANCE OF FUNCTIONS OF MINISTERS DURING A#SENCE OR ILLNESS
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7henever the 9rime 3inister is absent from Saint L"cia or by reason of illness is "nable to perform the f"nctions conferred "pon him or her by this !onstit"tion, the 5overnor 5eneral may a"thorise some other 3inister to perform those f"nctions ,other than the f"nctions conferred by this section/ and that 3inister may perform those f"nctions "ntil his or her a"thority is revo?ed by the 5overnor 5eneral% 7henever a 3inister other than the 9rime 3inister is absent from Saint L"cia or is within Saint L"cia b"t by leave of the
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5overnor 5eneral is not performing the f"nctions of his or her office or by reason of illness is "nable to perform those f"nctions, the 5overnor 5eneral may a"thori6e some other 3inister to perform those f"nctions or may appoint a Senator or a member of the 8o"se to be a temporary 3inister in order to perform those f"nctions: and that 3inister may perform those f"nctions "ntil his or her a"thority or, as the case may be, his or her appointment is revo?ed by the 5overnor 5eneral or he or she vacates office as a 3inister "nder section 60,*/ or 60,(/% ,3/ The powers of the 5overnor 5eneral "nder this section shall be e=ercised by him or her in accordance with the advice of the 9rime 3inisterA 9rovided that if the 5overnor 5eneral, acting in his or her own deliberate <"dgment, considers that it is impracticable to obtain the advice of the 9rime 3inister owing to his or her absence or illness he or she may e=ercise those powers witho"t that advice and in his or her own deliberate <"dgment%
6!E%ERCISE OF GOVERNOR GENERAL0S FUNCTIONS
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'n the e=ercise of his or her f"nctions the 5overnor 5eneral shall act in accordance with the advice of the !abinet or a 3inister acting "nder the general a"thority of the !abinet e=cept in cases where he or she is re;"ired by this !onstit"tion or any other law to act in accordance with the advice of, or after cons"ltation with, any person or a"thority other than the !abinetA 9rovided that the foregoing provisions of this s"bsection shall not apply where the 5overnor 5eneral is a"thorised to act in his or her own deliberate <"dgment in accordance with the following provisions of this !onstit"tion& ,a/ section 4) ,which relates to the !onstit"ency Io"ndaries !ommission and the #lectoral !ommission/: ,b/ sections 60 and 63 ,which relate to 3inisters/: ,c/ section 6) ,which relates to the Leader of the @pposition/: ,d/ section *6 ,which relates to the appointment, etc%, of p"blic officers/: ,e/ section ** ,which relates to the !hief #lections @fficer/: and
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,f/ ,2/
section (4 ,which relates to the 9"blic Service Ioard of $ppeal/%
D"ring any period in which there is a vacancy in the office of Leader of the @pposition by reason of the fact that no person is both ;"alified for appointment to that office in accordance with this !onstit"tion and willing to accept appointment, or if the 5overnor 5eneral, acting in his or her own deliberate <"dgment, considers that it is not practicable for him or her to obtain the advice of the Leader of the @pposition within the time within which it may be necessary for him or her to act, he or she may act witho"t that advice and in his or her own deliberate <"dgment in the e=ercise of any power conferred "pon him or her by this !onstit"tion in respect of which it is provided that he or she shall act on the advice of, or after cons"ltation with, the Leader of the @pposition% +othing in s"bsection ,1/ shall re;"ire the 5overnor 5eneral to act in accordance with the advice of the !abinet or a 3inister in e=ercise of the f"nctions conferred "pon him or her by the following provisions of this !onstit"tion& ,a/ the paragraph to section 44,2/ ,which re;"ires the 5overnor 5eneral to dissolve 9arliament in certain circ"mstances/: ,b/ section 60,6/ ,which re;"ires the 5overnor 5eneral to remove the 9rime 3inister from office in certain circ"mstances/: ,c/ section 64 ,which entitles the 5overnor 5eneral to information/: ,d/ sections 4),)/, 6),4/, *4,6/, **,)/, *(,*/, (0,)/, (2,6/, (4,4/, 110,)/ and 11*,*/ ,which re;"ire the 5overnor 5eneral to remove the holders of certain offices from office in certain circ"mstances/%
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GOVERNOR GENERAL TO #E INFORMED CONCERNING MATTERS OF GOVERNMENT
The 9rime 3inister shall ?eep the 5overnor 5eneral f"lly informed concerning the general cond"ct of the government of Saint L"cia and shall f"rnish the 5overnor 5eneral with s"ch information as he or she may re;"est with respect to any partic"lar matter relating to the government of Saint L"cia%
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OATHS TO #E TA/EN #" MINISTERS ETC
$ 3inister or a 9arliamentary Secretary shall not enter "pon the d"ties of his or her office "nless he or she has ta?en and s"bscribed the oath of allegiance, the oath of office and the oath of secrecy%
67LEADER OF THE OPPOSITION
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There shall ,e=cept at times when there are no members of the 8o"se who do not s"pport the 5overnment/ be a Leader of the @pposition who shall be appointed by the 5overnor 5eneral% 7henever there is occasion for the appointment of a Leader of the @pposition the 5overnor 5eneral shall appoint the member of the 8o"se who appears to him or her most li?ely to command the s"pport of a ma<ority of the members of the 8o"se who do not s"pport the 5overnmentA or, if no member of the 8o"se appears to him or her to command s"ch s"pport, the member of the 8o"se who appears to him or her to command the s"pport of the largest single gro"p of members of the 8o"se who do not s"pport the 5overnment% 'f occasion arises to appoint a Leader of the @pposition d"ring the period between a dissol"tion of 9arliament and the day on which the ens"ing election of members of the 8o"se is held, an appointment may be made as if 9arliament had not been dissolved% The office of Leader of the @pposition shall become vacant& ,a/ if he or she ceases to be a member of the 8o"se otherwise than by reason of a dissol"tion of 9arliament: ,b/ if, when the 8o"se first meets after a dissol"tion of 9arliament, he or she is not then a member of the 8o"se: ,c/ if, "nder the provisions of section 32,3/, he or she is re;"ired to cease to perform his or her f"nctions as a member of the 8o"se: or ,d/ if he or she is removed from office by the 5overnor 5eneral "nder the provisions of s"bsection ,4/% 'f it appears to the 5overnor 5eneral that the Leader of the @pposition is no longer able to command the s"pport of a ma<ority of the members of the 8o"se who do not s"pport the 5overnment or ,if no member of the 8o"se appears to him or her to be able to command s"ch s"pport/ the s"pport of the
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largest single gro"p of members of the 8o"se who do not s"pport the 5overnment, he or she shall remove the Leader of the @pposition from office% ,6/ The powers of the 5overnor 5eneral "nder this section shall be e=ercised by him or her in his or her own deliberate <"dgment%
6$-
PARLIAMENTAR" SECRETARIES
,1/
The 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister, may appoint 9arliamentary Secretaries from among the Senators and the members of the 8o"se to assist 3inisters in the performance of their d"tiesA 9rovided that if occasion arises for ma?ing an appointment while 9arliament is dissolved, a person who was a Senator or a member of the 8o"se immediately before the dissol"tion may be appointed as a 9arliamentary Secretary%
,2/
The office of a 9arliamentary Secretary shall become vacant& ,a/ if the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister, so directs: ,b/ if the 9rime 3inister resigns from office within 3 days after a resol"tion of no confidence in the 5overnment has been passed by the 8o"se or is removed from office "nder section 60,)/: ,c/ "pon the appointment of any person to the office of 9rime 3inister: ,d/ if the holder of the office ceases to be a Senator or a member of the 8o"se otherwise than by reason of a dissol"tion of 9arliament: ,e/ if, when the 8o"se first meets after the dissol"tion of 9arliament, he or she is not then a Senator or a member of the 8o"se: or ,f/ if, by virt"e of section 2),3/ or 32,3/, he or she is re;"ired to cease to perform his or her f"nctions as a member of the Senate or a member of the 8o"se%
6&-
PERMANENT SECRETARIES
7here any 3inister has been charged with responsibility for any department of government, he or she shall e=ercise general direction
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and control over that department: and, s"b<ect to s"ch direction and control, every department of government shall be "nder the s"pervision of a p"blic officer whose office is referred to in this !onstit"tion as the office of a permanent secretaryA 9rovided that 2 or more government departments may be placed "nder the s"pervision of one permanent secretary%
7'SECRETAR" TO THE CA#INET
,1/ ,2/
There shall be a Secretary to the !abinet whose office shall be a p"blic office% The Secretary to the !abinet, who shall have charge of the !abinet @ffice, shall be responsible, in accordance with s"ch instr"ctions as may be given to him or her by the 9rime 3inister, for arranging the b"siness for, and ?eeping the min"tes of, the !abinet and for conveying the decisions of the !abinet to the appropriate person or a"thority and shall have s"ch other f"nctions as the 9rime 3inister may direct%
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CONSTITUTION OF OFFICES ETC
S"b<ect to the provisions of this !onstit"tion and of any other law, the 5overnor 5eneral may constit"te offices for Saint L"cia, ma?e appointments to any s"ch office and terminate any s"ch appointment%
72ATTORNE" GENERAL
,1/ ,2/ ,3/
There shall be an $ttorney 5eneral who shall be the principal legal adviser to the 5overnment% The office of $ttorney 5eneral shall be either a p"blic office or the office of a 3inister%
2
$t any time when the office of $ttorney 5eneral is a p"blic office the same person may, if ;"alified, be appointed to hold or act in the office of $ttorney 5eneral and the office of Director of 9"blic 9rosec"tions% 7here the offices of $ttorney 5eneral and Director of 9"blic 9rosec"tions are held by the same person the following provisions of this !onstit"tion shall have effect as if references
,2/
Iy Stat"tory 'nstr"ment 2111((), the office of $ttorney 5eneral was declared a p"blic office Bwith effect from 14 D"ne 1(()%C
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therein to the Director incl"ded references to the $ttorney 5eneral, that is to say, sections *), *(,4/, *(,6/, *(,)/, *(,*/, *(,(/, *(,10/, (*,3/ and 122,*/,a/: b"t the provisions of this s"bsection shall be witho"t pre<"dice to the powers of 9arliament or, s"b<ect to the provisions of any law enacted by 9arliament, the 5overnor 5eneral to determine that the office of $ttorney 5eneral shall be the office of a 3inister%
73CONTROL OF PU#LIC PROSECUTIONS
,1/ ,2/
There shall be a Director of 9"blic 9rosec"tions whose office shall be a p"blic office% The Director of 9"blic 9rosec"tions shall have power in any case in which he or she considers it desirable so to do& ,a/ to instit"te and "nderta?e criminal proceedings against any person before any co"rt of law ,other than a co"rt> martial/ in respect of any offence alleged to have been committed by that person: ,b/ to ta?e over and contin"e any s"ch criminal proceedings that have been instit"ted or "nderta?en by any other person or a"thority: and ,c/ to discontin"e at any stage before <"dgment is delivered any s"ch criminal proceedings instit"ted or "nderta?en by himself or herself or any other person or a"thority% The powers of the Director of 9"blic 9rosec"tions "nder s"bsection ,2/ may be e=ercised by him or her in person or thro"gh other persons acting "nder and in accordance with his or her general or special instr"ctions% The powers conferred on the Director of 9"blic 9rosec"tions by s"bsections ,2/,b/ and ,2/,c/ shall be vested in him or her to the e=cl"sion of any other person or a"thorityA 9rovided that where any other person or a"thority has instit"ted criminal proceedings, nothing in this s"bsection shall prevent the withdrawal of those proceedings by or at the instance of that person or a"thority and with the leave of the co"rt%
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0or the p"rposes of this section any appeal from a <"dgment in criminal proceedings before any co"rt or any case stated or ;"estion of law reserved for the p"rpose of any s"ch proceedings, to any other co"rt ,incl"ding 8er 3a<esty in !o"ncil/ shall be deemed to be part of those proceedingsA
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9rovided that the power conferred on the Director of 9"blic 9rosec"tions by s"bsection ,2/,c/ shall not be e=ercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or ;"estion of law reserved at the instance of s"ch a person% ,6/ 'n the e=ercise of the powers vested in him or her by s"bsection ,2/ and section 26, the Director of 9"blic 9rosec"tions shall not be s"b<ect to the direction or control of any other person or a"thority%
7!-
PREROGATIVE OF MERC"
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The 5overnor 5eneral may& ,a/ grant a pardon, either free or s"b<ect to lawf"l conditions, to any person convicted of any offence: ,b/ grant to any person a respite, either indefinite or for a specified period, of the e=ec"tion of any p"nishment imposed on that person for any offence: ,c/ s"bstit"te a less severe form of p"nishment for any p"nishment imposed on any person for any offence: or ,d/ remit the whole or any part of any p"nishment imposed on any person for any offence or of any penalty or forfeit"re otherwise d"e to the !rown on acco"nt of any offence% The powers of the 5overnor 5eneral "nder s"bsection ,1/ shall be e=ercised by him or her in accordance with the advice of the !ommittee established by section )4%
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COMMITTEE ON PREROGATIVE OF MERC"
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There shall be a !ommittee on the 9rerogative of 3ercy which shall consist of& ,a/ s"ch 3inister as may be designated by the 5overnor 5eneral, who shall be chairperson: ,b/ the $ttorney 5eneral: ,c/ the chief medical officer of the 5overnment: and ,d/ not more than 3 other members appointed by the 5overnor 5eneral, by instr"ment in writing "nder his or her hand%
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$ member of the !ommittee appointed "nder s"bsection ,1/,d/ shall hold his or her seat thereon for s"ch period as may be specified in the instr"ment by which he or she was appointedA 9rovided that his or her seat shall become vacant& ,a/ in the case of a person who at the date of his or her appointment was a 3inister, if he or she ceases to be a 3inister: or ,b/ if the 5overnor 5eneral, by instr"ment in writing "nder his or her hand, so directs%
,3/
The !ommittee may 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% The !ommittee may reg"late its own proced"re% 'n the e=ercise of his or her f"nctions "nder this section, the 5overnor 5eneral shall act in accordance with the advice of the 9rime 3inister%
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PROCEDURE IN CAPITAL CASES
7here any person has been sentenced to death ,otherwise than by a co"rt>martial/ for an offence, the 3inister designated "nder section )4,1/ shall ca"se a written report of the case from the trial <"dge ,or the !hief D"stice, if a report from the trial <"dge cannot be obtained/, together with s"ch other information derived from the record of the case or elsewhere as he or she may re;"ire, to be ta?en into consideration at a meeting of the !ommittee on the 9rerogative of 3ercy, so that the !ommittee may advise the 5overnor 5eneral whether to e=ercise any of his or her powers "nder section )2,1/%
CHAPTER V
FINANCE
77CONSOLIDATED FUND
$ll reven"es or other moneys raised or received by Saint L"cia ,not being reven"es or other moneys that are payable, by or "nder any law for the time being in force in Saint L"cia, into some other f"nd
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established for a specific p"rpose/ shall be paid into and form a !onsolidated 0"nd%
7$,ITHDRA,ALS FROM CONSOLIDATED FUND OR OTHER PU#LIC FUNDS
,1/
+o moneys shall be withdrawn from the !onsolidated 0"nd e=cept& ,a/ to meet e=pendit"re that is charged "pon the 0"nd by this !onstit"tion or by any law enacted by 9arliament: or ,b/ where the iss"e of those moneys has been a"thorised by an appropriation law or by a law made in p"rs"ance of section *0% 7here any moneys are charged by this !onstit"tion or any law enacted by 9arliament "pon the !onsolidated 0"nd or any other p"blic f"nd, they shall be paid o"t of that f"nd by the 5overnment to the person or a"thority to whom payment is d"e% +o moneys shall be withdrawn from any p"blic f"nd other than the !onsolidated 0"nd "nless the iss"e of those moneys has been a"thorised by or "nder any law% There shall be s"ch provision as may be made by 9arliament prescribing the manner in which withdrawals may be made from the !onsolidated 0"nd or any other p"blic f"nd%
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AUTHORISATION OF E%PENDITURE FROM CONSOLIDATED FUND #" APPROPRIATION LA,
,1/
The 3inister responsible for finance shall ca"se to be prepared and laid before the 8o"se before, or not later than 30 days after, the commencement of each financial year estimates of the reven"es and e=pendit"re of Saint L"cia for that financial year% 7hen the estimates of e=pendit"re ,other than e=pendit"re charged "pon the !onsolidated 0"nd by this !onstit"tion or by any law enacted by 9arliament/ have been approved by the 8o"se, a bill, ?nown as an appropriation bill, shall be introd"ced in the 8o"se, providing for the iss"e from the !onsolidated 0"nd of the s"ms necessary to meet that e=pendit"re and the appropriation of those s"ms, "nder separate votes for the several services re;"ired, to the p"rposes specified therein%
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$ s"pplementary estimate showing the s"ms re;"ired or spent shall be laid before the 8o"se if in respect of any financial year it is fo"nd& ,a/ that the amo"nt appropriated by the appropriation law to any p"rpose is ins"fficient or that a need has arisen for e=pendit"re for a p"rpose to which no amo"nt has been appropriated by that law: or ,b/ that any moneys have been e=pended for any p"rpose in e=cess of the amo"nt appropriated to that p"rpose by the appropriation law or for a p"rpose to which no amo"nt has been appropriated by that law% 7hen the s"pplementary estimate has been approved by the 8o"se, a s"pplementary appropriation bill shall be introd"ced in the 8o"se providing for the iss"e of s"ch s"ms from the !onsolidated 0"nd and appropriating them to the p"rposes specified therein%
$'-
AUTHORISATION OF E%PENDITURE IN ADVANCE OF APPROPRIATION
There shall be s"ch provision as may be made by 9arliament "nder which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the 3inister responsible for finance may a"thorise the withdrawal of moneys from the !onsolidated 0"nd for the p"rpose of meeting e=pendit"re necessary to carry on the services of the 5overnment "ntil the e=piration of 2 months from the beginning of that financial year or the coming into operation of the law, whichever is the earlier%
$1CONTINGENCIES FUND
,1/
There shall be s"ch provision as may be made by 9arliament for the establishment of a !ontingencies 0"nd and for a"thorising the 3inister responsible for finance, if satisfied that there has arisen an "rgent and "nforeseen need for e=pendit"re for which no other provision e=ists, to ma?e advances from that 0"nd to meet that need% 7here any advance is made from the !ontingencies 0"nd, a s"pplementary estimate shall as soon as possible be laid before the 8o"se and when the s"pplementary estimate has been approved by the 8o"se, a s"pplementary appropriation bill shall
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be introd"ced as soon as possible in the 8o"se for the p"rpose of replacing the amo"nt so advanced%
$2REMUNERATION OF CERTAIN OFFICERS
,1/
There shall be paid to the holders of the offices to which this section applies s"ch salaries and s"ch allowances as may be prescribed by or "nder a law enacted by 9arliament% The salaries and allowances prescribed in p"rs"ance of this section in respect of the holders of the offices to which this section applies shall be a charge on the !onsolidated 0"nd% The salary prescribed in p"rs"ance of this section in respect of the holder of any office to which this section applies and his or her other terms of service ,other than allowances that are not ta?en into acco"nt in comp"ting, "nder any law in that behalf, any pension payable in respect of his or her service in that office/ shall not be altered to his or her disadvantage after his or her appointment% 7hen a personEs salary or other terms of service depend "pon his or her option, the salary or terms for which he or she opts shall, for the p"rposes of s"bsection ,3/, be deemed to be more advantageo"s to him or her than any others for which he or she might have opted% This section applies to the offices of the 5overnor 5eneral, member of the 9"blic Service !ommission, member of the Teaching Service !ommission, member of the 9"blic Service Ioard of $ppeal, the Director of 9"blic 9rosec"tions, the Director of $"dit, the 9arliamentary !ommissioner, the Dep"ty 9arliamentary !ommissioner and the !hief #lections @fficer% +othing in this section shall be constr"ed as pre<"dicing the provisions of section () ,which protects pensions rights in respect of service as a p"blic officer/%
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$3-
PU#LIC DE#T
,1/ ,2/
$ll debt charges for which Saint L"cia is liable shall be a charge on the !onsolidated 0"nd% 0or the p"rposes of this section debt charges incl"de interest, sin?ing f"nd charges, the repayment or amorti6ation of debt and all e=pendit"re in connection with the raising of loans on the
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sec"rity of the !onsolidated 0"nd and the service and redemption of the debt created thereby%
$!AUDIT OF PU#LIC ACCOUNTS ETC
,1/ ,2/
There shall be a Director of $"dit whose office shall be a p"blic office% The Director of $"dit shall& ,a/ satisfy himself or herself that all moneys that have been appropriated by 9arliament and disb"rsed have been applied to the p"rposes to which they were so appropriated and that the e=pendit"re conforms to the a"thority that governs it: and ,b/ at least once in every year a"dit and report on the p"blic acco"nts of Saint L"cia, the acco"nts of all officers and a"thorities of the 5overnment, the acco"nts of all co"rts of law in Saint L"cia ,incl"ding any acco"nts of the S"preme !o"rt maintained in Saint L"cia/, the acco"nts of every !ommission established by this !onstit"tion and the acco"nts of the 9arliamentary !ommissioner, the !ler? of the Senate and the !ler? of the 8o"se% The Director of $"dit and any officer a"thorised by him or her shall have access to all boo?s, records, ret"rns, reports and other doc"ments which in his or her opinion relate to any of the acco"nts referred to in s"bsection ,2/% The Director of $"dit shall s"bmit every report made by him or her in p"rs"ance of s"bsection ,2/ to the 3inister responsible for finance who shall, not later than ) days after the 8o"se first meets after he or she has received the report, lay it before the 8o"se% 'f the 3inister fails to lay a report before the 8o"se in accordance with the provisions of s"bsection ,2/ the Director of $"dit shall transmit copies of that report to the Spea?er who shall, as soon as practicable, present them to the 8o"se% The Director of $"dit shall e=ercise s"ch other f"nctions in relation to the acco"nts of the 5overnment or the acco"nts of other a"thorities or bodies established by law for p"blic p"rposes as may be prescribed by or "nder any law enacted by 9arliament%
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,)/
'n the e=ercise of his or her f"nctions "nder s"bsections ,2/, ,3/, ,2/ and ,4/, the Director of $"dit shall not be s"b<ect to the direction or control of any other person or a"thority%
CHAPTER VI
THE PU#LIC SERVICE
PART 1
The Pu!lic Ser'ice Commission
$5PU#LIC SERVICE COMMISSION
,1/
There shall be a 9"blic Service !ommission for Saint L"cia ,hereinafter in this section referred to as the !ommission/ which shall consist of a chairperson and not less than 2 nor more than 2 other members, who shall be appointed by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inisterA 9rovided that the 9rime 3inister shall cons"lt the Leader of the @pposition before tendering any advice to the 5overnor 5eneral for the p"rposes of this s"bsection%
,2/
$ person shall not be ;"alified to be appointed as a member of the !ommission if& ,a/ he or she is a Senator or a member of the 8o"se: ,b/ he or she is, or has at any time d"ring the 3 years preceding his or her appointment been, a <"dge of the S"preme !o"rt or a p"blic officer% $ member of the !ommission shall not, within the period of 3 years commencing with the day on which he or she last held or acted in the office of member of the !ommission, be eligible for appointment to or to act in any p"blic office% S"b<ect to the provisions of this section, the office of a member of the !ommission shall become vacant& ,a/ at the e=piration of 3 years from the date of his or her appointment: or ,b/ if any circ"mstances arise that, if he or she were not a member of the !ommission, wo"ld ca"se him or her to be dis;"alified to be appointed as s"ch "nder s"bsection ,2/%
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$ member of the !ommission may be removed from office only for inability to e=ercise the f"nctions of his or her office ,whether arising from infirmity of body or mind or any other ca"se/ or for misbehavio"r and shall not be so removed e=cept in accordance with the provisions of this section% $ member of the !ommission shall be removed from office by the 5overnor 5eneral if the ;"estion of his or her removal from office has been referred to a trib"nal appointed "nder s"bsection ,)/ and the trib"nal has recommended to the 5overnor 5eneral that he or she o"ght to be removed from office for inability as aforesaid or for misbehavio"r% 'f the 9rime 3inister represents to the 5overnor 5eneral that the ;"estion of removing a member of the !ommission "nder this section o"ght to be investigated then& ,a/ the 5overnor 5eneral shall appoint a trib"nal which shall consist of a chairperson and not less than 2 other members, selected by the !hief D"stice from among persons who hold or have held office as a <"dge of a co"rt having "nlimited <"risdiction in civil and criminal matters in some part of the !ommonwealth or a co"rt having <"risdiction in appeals from s"ch a co"rt: and ,b/ the trib"nal shall en;"ire into the matter and report on the facts thereof to the 5overnor 5eneral and recommend to him or her whether the member o"ght to be removed "nder this section% 'f the ;"estion of removing a member of the !ommission has been referred to a trib"nal "nder this section, the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister, may s"spend that member from the e=ercise of the f"nctions of his or her office and any s"ch s"spension may at any time be revo?ed by the 5overnor 5eneral, acting in accordance with s"ch advice as aforesaid, and shall in any case cease to have effect if the trib"nal recommends to the 5overnor 5eneral that that member sho"ld not be removed% 'f the office of chairperson of the !ommission is vacant or if the holder of that office is for any reason "nable to e=ercise the f"nctions of his or her office, then, "ntil a person has been appointed to and has ass"med the f"nctions of that office or "ntil the person holding that office has res"med those f"nctions, as the case may be, they shall be e=ercised by s"ch other
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member of the !ommission as may be designated by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister% ,10/ 'f at any time there are less than 2 members of the !ommission besides the chairperson or if any s"ch member is acting as chairperson or is for any reason "nable to e=ercise the f"nctions of his or her office, the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister, may appoint a person who is ;"alified to be appointed as a member of the !ommission to act as a member, and any person so appointed shall, s"b<ect to the provisions of s"bsection ,2/, contin"e to act "ntil the office in which he or she is acting has been filled or, as the case may be, "ntil the holder thereof has res"med his or her f"nctions or "ntil his or her appointment to act has been revo?ed by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister% ,11/ $ member of the !ommission shall not enter "pon the d"ties of his or her office "ntil he or she has ta?en and s"bscribed the oath of allegiance and the oath of office% ,12/ The !ommission shall in the e=ercise of its f"nctions "nder this !onstit"tion, not be s"b<ect to the direction or control of any other person or a"thority% ,13/ The !ommission may by reg"lation or otherwise reg"late its own proced"re and, with the consent of the 9rime 3inister, may confer powers or impose d"ties on any p"blic officer or on any a"thority of the 5overnment for the p"rpose of the e=ercise of its f"nctions% ,12/ The !ommission may, s"b<ect to its r"les of proced"re, 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 proceedingsA 9rovided that any decision of the !ommission shall re;"ire the conc"rrence of a ma<ority of all its members%
$6APPOINTMENT ETC- OF PU#LIC OFFICERS
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The power to appoint persons to hold or act in offices in the p"blic service ,incl"ding the power to confirm appointments/, and, s"b<ect to the provisions of section (6, the power to
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C01. 1.01
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e=ercise disciplinary control over persons holding or acting in s"ch offices and the power to remove s"ch persons from office shall vest in the 9"blic Service !ommission% ,2/ The 9"blic Service !ommission may, by directions in writing and s"b<ect to s"ch conditions as it thin?s fit, delegate any of its powers "nder s"bsection ,1/ to any one or more members of the !ommission or, with the consent of the 9rime 3inister, to any p"blic officer% The provisions of this section shall not apply in relation to the following offices, that is to say& ,a/ any office to which section *) applies: ,b/ the office of !hief #lections @fficer: ,c/ the office of Director of 9"blic 9rosec"tions: ,d/ the office of Director of $"dit: ,e/ any office to which section (1, (3 or (2 applies% +o person shall be appointed "nder this section to or to act in any office on the 5overnor 5eneralEs personal staff e=cept with the conc"rrence of the 5overnor 5eneral, acting in his or her own deliberate <"dgment% Iefore any of the powers conferred by this section are e=ercised by the 9"blic Service !ommission or any other person or a"thority in relation to the !ler? of the Senate or the !ler? of the 8o"se or a member of their staff, the !ommission or that person or a"thority shall cons"lt with the 9resident or the Spea?er, as the case may be% Iefore any of the powers conferred by this section are e=ercised by the 9"blic Service !ommission or any other person or a"thority in relation to a member of the staff of the 9arliamentary !ommissioner or the !hief #lections @fficer, the !ommission or that person or a"thority shall cons"lt with the !ommissioner or, as the case may be, the @fficer% $ p"blic officer shall not be removed from office or s"b<ected to any other p"nishment "nder this section on the gro"nds of any act done or omitted by him or her in the e=ercise of a <"dicial f"nction conferred on him or her "nless the D"dicial and Legal Services !ommission conc"rs therein%
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C01. 1.01
Laws of Saint L"cia

PART 2
ppointments( etc)( to particular offices
$7APPOINTMENT ETC- OF PERMANENT SECRETARIES AND CERTAIN OTHER OFFICERS
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This section applies to the offices of Secretary to the !abinet, permanent secretary, head of a department of government, dep"ty head of a department of government, any office designated by the 9"blic Service !ommission as an office of a chief professional adviser to a department of government and any office designated by the !ommission, after cons"ltation with the 9rime 3inister, as an office the holders of which are re;"ired to reside o"tside Saint L"cia for the proper discharge of their f"nctions or as an office in Saint L"cia whose f"nctions relate to e=ternal affairs% The power to appoint persons to hold or to act in offices to which this section applies ,incl"ding the power to confirm appointments/ and, s"b<ect to the provisions of section (6, the power to e=ercise disciplinary control over persons holding or acting in s"ch offices and the power to remove s"ch persons from office shall vest in the 5overnor 5eneral, acting in accordance with the advice of the 9"blic Service !ommission% 8owever& ,a/ the power to appoint a person to hold or act in an office of permanent secretary on transfer from another s"ch office carrying the same salary shall vest in the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister: ,b/ before the 9"blic Service !ommission tenders advice to the 5overnor 5eneral with respect to the appointment of any person to hold an office to which this section applies ,other than an appointment to an office of permanent secretary on transfer from another s"ch office carrying the same salary/ it shall cons"lt with the 9rime 3inister and if the 9rime 3inister signifies his or her ob<ection to the appointment of any person to the office, the !ommission shall not advise the 5overnor 5eneral to appoint that person: ,c/ in relation to any office of $mbassador, 8igh !ommissioner or other principal representative of Saint
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L"cia in any other co"ntry or accredited to any international organi6ation the 5overnor 5eneral shall act in accordance with the advice of the 9rime 3inister, who shall, before tendering any s"ch advice in respect of any person who holds any p"blic office to which appointments are made by the 5overnor 5eneral on the advice of or after cons"ltation with some other person or a"thority, cons"lt that person or a"thority% ,3/ eferences in this section to a department of government shall not incl"de the office of the 5overnor 5eneral, the department of the $ttorney 5eneral, the department of the Director of 9"blic 9rosec"tions, the department of the Director of $"dit, the department of the 9arliamentary !ommissioner, the department of the !hief #lections @fficer or the 9olice 0orce%
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CHIEF ELECTIONS OFFICER
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The !hief #lections @fficer ,hereinafter in this section referred to as @fficer/ shall be appointed by the 5overnor 5eneral, acting after cons"ltation with the #lectoral !ommission% 'f the office of the @fficer is vacant or if the holder of that office is for any reason "nable to e=ercise the f"nctions of his or her office, the 5overnor 5eneral, acting after cons"ltation with the #lectoral !ommission, may appoint a person to act as @fficer% $ person shall not be ;"alified to be appointed to hold the office of the @fficer "nless he or she holds s"ch ;"alifications ,if any/ as may be prescribed by 9arliament% $ person appointed to act in the office of the @fficer shall, s"b<ect to the provisions of s"bsections ,4/, ,)/ and ,*/, cease so to act& ,a/ when a person is appointed to hold that office and has ass"med the f"nctions thereof or, as the case may be, when the person in whose place he or she is acting res"mes the f"nctions of that office: or ,b/ at s"ch earlier time as may be prescribed by the terms of his or her appointment% S"b<ect to the provisions of s"bsection ,6/, the @fficer shall vacate his or her office when he or she attains the prescribed age%
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C01. 1.01
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$ person holding the office of the @fficer may be removed from office only for inability to e=ercise the f"nctions of his or her office ,whether arising from infirmity of body or mind or any other ca"se/ or for misbehavio"r and shall not be so removed e=cept in accordance with the provisions of this section% The @fficer shall be removed from office by the 5overnor 5eneral if the ;"estion of his or her removal from office has been referred to a trib"nal appointed "nder s"bsection ,*/ and the trib"nal has recommended to the 5overnor 5eneral that he or she o"ght to be removed for inability as aforesaid or for misbehavio"r% 'f the 5overnor 5eneral, acting in his or her own deliberate <"dgment, considers that the ;"estion of removing the @fficer "nder this section o"ght to be investigated, then& ,a/ the 5overnor 5eneral shall appoint a trib"nal which shall consist of a chairperson and not less than 2 other members, selected by the !hief D"stice from among persons who hold or have held office as a <"dge of a co"rt having "nlimited <"risdiction in civil and criminal matters in some part of the !ommonwealth or a co"rt having <"risdiction in appeals from s"ch a co"rt: and ,b/ the trib"nal shall en;"ire into the matter and report on the facts thereof to the 5overnor 5eneral and recommend to him or her whether the @fficer o"ght to be removed "nder this section% 'f the ;"estion of removing the @fficer has been referred to a trib"nal "nder this section, the 5overnor 5eneral, acting in his or her own deliberate <"dgment, may s"spend the @fficer from the e=ercise of the f"nctions of his or her office and any s"ch s"spension may at any time be revo?ed by the 5overnor 5eneral, acting as aforesaid, and shall in any case cease to have effect if the trib"nal recommends to the 5overnor 5eneral that the @fficer sho"ld not be removed%
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,10/ The prescribed age for the p"rposes of s"bsection ,4/ is the age of 44 years or s"ch other age as may be prescribed by 9arliamentA 9rovided that any law enacted by 9arliament, to the e=tent to which it alters the prescribed age after a person has been appointed to be or to act as @fficer, shall not have effect in
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relation to that person "nless he or she consents that it sho"ld have effect%
$&DIRECTOR OF PU#LIC PROSECUTIONS
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The Director of 9"blic 9rosec"tions shall be appointed by the 5overnor 5eneral, acting in accordance with the advice of the D"dicial and Legal Services !ommission% 'f the office of Director of 9"blic 9rosec"tions is vacant or if the holder of that office is for any reason "nable to e=ercise the f"nctions of his or her office, the 5overnor 5eneral, acting in accordance with the advice of the D"dicial and Legal Services !ommission, may appoint a person to act as Director% Iefore tendering advice for the p"rposes of s"bsection ,1/ or ,2/ the D"dicial and Legal Services !ommission shall cons"lt the 9rime 3inister% $ person shall not be ;"alified to be appointed to hold the office of Director of 9"blic 9rosec"tions "nless he or she holds one of the specified ;"alifications and has held one or other of those ;"alifications for a total period of not less than ) years% $ person appointed to act in the office of Director of 9"blic 9rosec"tions shall, s"b<ect to the provisions of s"bsections ,6/, ,*/, ,(/ and ,10/, cease so to act& ,a/ when a person is appointed to hold that office and has ass"med the f"nctions thereof or, as the case may be, when the person in whose place he or she is acting res"mes the f"nctions of that office: or ,b/ at s"ch earlier time as may be prescribed by the terms of his or her appointment% S"b<ect to the provisions of s"bsection ,)/, the Director of 9"blic 9rosec"tions shall vacate his or her office when he or she attains the prescribed age% $ person holding the office of Director of 9"blic 9rosec"tions may be removed from office only for inability to e=ercise the f"nctions of his or her office ,whether arising from infirmity of body or mind or any other ca"se/ or for misbehavio"r and shall not be so removed e=cept in accordance with the provisions of this section%
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C01. 1.01
Laws of Saint L"cia

,*/
The Director of 9"blic 9rosec"tions shall be removed from office by the 5overnor 5eneral if the ;"estion of his or her removal from office has been referred to a trib"nal appointed "nder s"bsection ,(/ and the trib"nal has recommended to the 5overnor 5eneral that he or she o"ght to be removed for inability as aforesaid or for misbehavio"r% 'f the 9rime 3inister or the chairperson of the D"dicial and Legal Services !ommission represents to the 5overnor 5eneral that the ;"estion of removing the Director of 9"blic 9rosec"tions "nder this section o"ght to be investigated, then& ,a/ the 5overnor 5eneral shall appoint a trib"nal which shall consist of a chairperson and not less than 2 other members, selected by the !hief D"stice from among persons who hold or have held office as a <"dge of a co"rt having "nlimited <"risdiction in civil and criminal matters in some part of the !ommonwealth or a co"rt having <"risdiction in appeals from s"ch a co"rt: and ,b/ the trib"nal shall en;"ire into the matter and report on the facts thereof to the 5overnor 5eneral and recommend to him or her whether the Director o"ght to be removed "nder this section%
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,10/ 'f the ;"estion of removing the Director of 9"blic 9rosec"tions has been referred to a trib"nal "nder this section, the 5overnor 5eneral, acting in accordance with the advice of the D"dicial and Legal Services !ommission, may s"spend the Director from the e=ercise of the f"nctions of his or her office and any s"ch s"spension may at any time be revo?ed by the 5overnor 5eneral, acting in accordance with s"ch advice as aforesaid, and shall in any case cease to have effect if the trib"nal recommends to the 5overnor 5eneral that the Director sho"ld not be removed% ,11/ The prescribed age for the p"rposes of s"bsection ,6/ is the age of 44 years or s"ch other age as may be prescribed by 9arliamentA 9rovided that any law enacted by 9arliament, to the e=tent to which it alters the prescribed age after a person has been appointed to be or to act as Director of 9"blic 9rosec"tions, shall not have effect in relation to that person "nless he or she consents that it sho"ld have effect%
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,12/ The D"dicial and Legal Services !ommission shall cons"lt the 9rime 3inister before it tenders any advice to the 5overnor 5eneral "nder this section in its application to the $ttorney 5eneral by virt"e of section )2,2/%
&'DIRECTOR OF AUDIT
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The Director of $"dit shall be appointed by the 5overnor 5eneral acting in accordance with the advice of the 9"blic Service !ommission% 'f the office of Director of $"dit is vacant or if the holder of that office is for any reason "nable to e=ercise the f"nctions of his or her office, the 5overnor 5eneral, acting in accordance with the advice of the 9"blic Service !ommission, may appoint a person to act as Director% Iefore tendering advice for the p"rposes of s"bsection ,1/ or ,2/, the 9"blic Service !ommission shall cons"lt the 9rime 3inister% $ person appointed to act in the office of Director of $"dit shall, s"b<ect to the provisions of s"bsections ,4/, ,)/, ,*/ and ,(/, cease so to act& ,a/ when a person is appointed to hold that office and has ass"med the f"nctions thereof or, as the case may be, when the person in whose place he or she is acting res"mes the f"nctions of that office: or ,b/ at s"ch earlier time as may be prescribed by the terms of his or her appointment% S"b<ect to the provisions of s"bsection ,)/ the Director of $"dit shall vacate his or her office when he or she attains the prescribed age% $ person holding the office of Director of $"dit may be removed from office only for inability to e=ercise the f"nctions of his or her office ,whether arising from infirmity of body or mind or any other ca"se/ or for misbehavio"r and shall not be so removed e=cept in accordance with the provisions of this section% The Director of $"dit shall be removed from office by the 5overnor 5eneral if the ;"estion of his or her removal from office has been referred to a trib"nal appointed "nder s"bsection
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C01. 1.01
Laws of Saint L"cia

,*/ and the trib"nal has recommended to the 5overnor 5eneral that he or she o"ght to be removed for inability as aforesaid or for misbehavio"r% ,*/ 'f the 9rime 3inister or the chairperson of the 9"blic Service !ommission represents to the 5overnor 5eneral that the ;"estion of removing the Director of $"dit "nder this section o"ght to be investigated& ,a/ the 5overnor 5eneral shall appoint a trib"nal which shall consist of a chairperson and not less than 2 other members selected by the !hief D"stice from among persons who hold or have held office as a <"dge of a co"rt having "nlimited <"risdiction in civil and criminal matters in some part of the !ommonwealth or a co"rt having <"risdiction in appeals from s"ch a co"rt: and ,b/ the trib"nal shall en;"ire into the matter and report on the facts thereof to the 5overnor 5eneral and recommend to him or her whether the Director o"ght to be removed "nder this section% 'f the ;"estion of removing the Director of $"dit has been referred to a trib"nal "nder this section, the 5overnor 5eneral, acting in accordance with the advice of the 9"blic Service !ommission, may s"spend the Director from the e=ercise of the f"nctions of his or her office and any s"ch s"spension may at any time be revo?ed by the 5overnor 5eneral, acting in accordance with s"ch advice as aforesaid, and shall in any case cease to have effect if the trib"nal recommends to the 5overnor 5eneral that the Director sho"ld not be removed%
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,10/ The prescribed age for the p"rposes of s"bsection ,4/ is the age of 44 or s"ch other age as may be prescribed by 9arliamentA 9rovided that any law enacted by 9arliament, to the e=tent to which it alters the prescribed age after a person has been appointed to be or to act as Director of $"dit, shall not have effect in relation to that person "nless he or she consents that it sho"ld have effect%
&1APPOINTMENT ETC- OF MAGISTRATES REGISTRARS AND LEGAL OFFICERS
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This section applies to the offices of magistrate, registrar of the 8igh !o"rt and assistant registrar of the 8igh !o"rt, to any
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p"blic office in the department of the $ttorney 5eneral ,other than the p"blic office of $ttorney 5eneral/ or in the department of the 9arliamentary !ommissioner, the department of the !hief #lections @fficer ,other than the office of @fficer/ or the department of the Director of 9"blic 9rosec"tions ,other than the office of Director/ for appointment to which persons are re;"ired to hold one or other of the specified ;"alifications and s"ch other offices connected with the co"rts as 9arliament may prescribe% ,2/ The power to appoint persons to hold or act in offices to which this section applies ,incl"ding the power to confirm appointments/ shall vest in the D"dicial and Legal Services !ommission% S"b<ect to the provisions of section (6, the power to e=ercise disciplinary control over persons holding or acting in offices to which this section applies and the power to remove s"ch persons from office shall vest in the D"dicial and Legal Services !ommission%
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PART 3
The Teaching Ser'ice Commission
&2TEACHING SERVICE COMMISSION
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There shall be a Teaching Service !ommission for Saint L"cia ,hereinafter in this section referred to as the !ommission/ which shall consist of a chairperson and not less than 2 nor more than 2 other members, who shall be appointed by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inisterA 9rovided that the 9rime 3inister shall cons"lt the Leader of the @pposition before tendering any advice to the 5overnor 5eneral for the p"rposes of this s"bsection%
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$ person shall not be ;"alified to be appointed as a member of the !ommission if& ,a/ he or she is a Senator or a member of the 8o"se: ,b/ he or she is, or has at any time d"ring the 3 years preceding his or her appointment been, a <"dge of the S"preme !o"rt or a p"blic officer%
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C01. 1.01
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,3/
$ member of the !ommission shall not, within the period of 3 years commencing with the day on which he or she last held or acted in the office of member of the !ommission, be eligible for appointment to or to act in any p"blic office% S"b<ect to the provisions of this section, the office of a member of the !ommission shall become vacant& ,a/ at the e=piration of 3 years from the date of his or her appointment: or ,b/ if any circ"mstances arise that, if he or she were not a member of the !ommission, wo"ld ca"se him or her to be dis;"alified to be appointed as s"ch "nder s"bsection ,2/% $ member of the !ommission may be removed from office only for inability to e=ercise the f"nctions of his or her office ,whether arising from infirmity of body or mind or any other ca"se/ or for misbehavio"r and shall not be so removed e=cept in accordance with the provisions of this section% $ member of the !ommission shall be removed from office by the 5overnor 5eneral if the ;"estion of his or her removal from office has been referred to a trib"nal appointed "nder s"bsection ,)/ and the trib"nal has recommended to the 5overnor 5eneral that he or she o"ght to be removed from office for inability as aforesaid or for misbehavio"r% 'f the 9rime 3inister represents to the 5overnor 5eneral that the ;"estion of removing a member of the !ommission "nder this section o"ght to be investigated, then& ,a/ the 5overnor 5eneral shall appoint a trib"nal which shall consist of a chairperson and not less than 2 other members, selected by the !hief D"stice from among persons who hold or have held office as a <"dge of a co"rt having "nlimited <"risdiction in civil and criminal matters in some part of the !ommonwealth or a co"rt having <"risdiction in appeals from s"ch a co"rt: and ,b/ the trib"nal shall en;"ire into the matter and report on the facts thereof to the 5overnor 5eneral and recommend to him or her whether the member o"ght to be removed "nder this section% 'f the ;"estion of removing a member of the !ommission has been referred to a trib"nal "nder this section, the 5overnor 5eneral, acting in accordance with the advice of the 9rime
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3inister, may s"spend that member from the e=ercise of the f"nctions of his or her office and any s"ch s"spension may at any time be revo?ed by the 5overnor 5eneral, acting in accordance with s"ch advice as aforesaid, and shall in any case cease to have effect if the trib"nal recommends to the 5overnor 5eneral that that member sho"ld not be removed% ,(/ 'f the office of chairperson of the !ommission is vacant or if the holder of that office is for any reason "nable to e=ercise the f"nctions of his or her office, then, "ntil a person has been appointed to and has ass"med the f"nctions of that office or "ntil the person holding that office has res"med those f"nctions, as the case may be, they shall be e=ercised by s"ch other member of the !ommission as may be designated by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister%
,10/ 'f at any time there are less than 2 members of the !ommission besides the chairperson or if any s"ch member is acting as chairperson or is for any reason "nable to e=ercise the f"nctions of his or her office, the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister, may appoint a person who is ;"alified to be appointed as a member of the !ommission to act as a member, and any person so appointed shall, s"b<ect to the provisions of s"bsection ,2/, contin"e to act "ntil the office in which he or she is acting has been filled or, as the case may be, "ntil the holder thereof has res"med his or her f"nctions or "ntil his appointment to act has been revo?ed by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister% ,11/ $ member of the !ommission shall not enter "pon the d"ties of his or her office "ntil he or she has ta?en and s"bscribed the oath of allegiance and the oath of office% ,12/ The !ommission shall, in the e=ercise of its f"nctions "nder this !onstit"tion, not be s"b<ect to the direction or control of any other person or a"thority% ,13/ The !ommission may by reg"lation or otherwise reg"late its own proced"re and, with the consent of the 9rime 3inister, may confer powers or impose d"ties on any p"blic officer or on any a"thority of the 5overnment for the p"rpose of the e=ercise of its f"nctions%
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,12/ The !ommission may, s"b<ect to its r"les of proced"re, 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 proceedingsA 9rovided that any decision of the !ommission shall re;"ire the conc"rrence of a ma<ority of all its members%
&3APPOINTMENT ETC- OF TEACHERS
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The power to appoint persons to hold or act in offices to which this section applies ,incl"ding the power to confirm appointments/, and, s"b<ect to the provisions of section (6, the power to e=ercise disciplinary control over persons holding or acting in s"ch offices and the power to remove s"ch persons from office shall vest in the Teaching Service !ommission% The Teaching Service !ommission may, by directions in writing and s"b<ect to s"ch conditions as it thin?s fit, delegate any of its powers "nder s"bsection ,1/ to any one or more members of the !ommission or, with the consent of the 9rime 3inister, to any p"blic officer% This section applies to any office in the p"blic service, the d"ties of which are wholly or mainly concerned with teaching in schools or with the administration of schools, not being an office to which section *) applies%
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PART !
The Police
&!POLICE FORCE
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The power to appoint a person to hold or act in the office of !ommissioner of 9olice and, s"b<ect to the provisions of section (6, the power to remove the !ommissioner from office shall vest in the 5overnor 5eneral, acting in accordance with the advice of the 9"blic Service !ommissionA 9rovided that before the !ommission tenders advice to the 5overnor 5eneral with respect to the appointment of any person to hold the office of !ommissioner the !ommission shall cons"lt with the 9rime 3inister and if the 9rime 3inister
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signifies his or her ob<ection to the appointment of any person to the office the !ommission shall not advise the 5overnor 5eneral to appoint that person% ,2/ The power to appoint persons to hold or act in offices in the 9olice 0orce below the ran? of !ommissioner of 9olice b"t above the ran? of 'nspector ,incl"ding the power to confirm appointments/, and, s"b<ect to the provisions of section (6, the power to e=ercise disciplinary control over persons holding or acting in s"ch offices and the power to remove s"ch persons from office shall vest in the 9"blic Service !ommission% The power to appoint persons to hold or act in offices in the 9olice 0orce of or below the ran? of 'nspector ,incl"ding the power to confirm appointments/, and, s"b<ect to the provisions of section (6, the power to e=ercise disciplinary control over persons holding or acting in s"ch offices and the power to remove s"ch persons from office shall vest in the !ommissioner of 9olice% The !ommissioner of 9olice may, by directions given in s"ch manner as he or she thin?s fit and s"b<ect to s"ch conditions as he or she thin?s fit, delegate any of his or her powers "nder s"bsection ,3/ to any other member of the 9olice 0orce% $ police officer shall not be removed from office or s"b<ected to any other p"nishment "nder this section on the gro"nds of any act done or omitted by him or her in the e=ercise of any <"dicial f"nction conferred on him or her "nless the D"dicial and Legal Services !ommission conc"rs therein% 'n this section references to the ran? of 'nspector shall, if the ran?s within the 9olice 0orce are altered ,whether in conse;"ence of the reorgani6ation or replacement of an e=isting part of the 0orce or the creation of an additional part/ be constr"ed as references to s"ch ran? or ran?s as may be specified by the 9"blic Service !ommission by order p"blished in the @fficial 5a6ette, being a ran? or ran?s that in the opinion of the !ommission most nearly correspond to the ran? of 'nspector as it e=isted before the alteration%
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PART 5
The Pu!lic Ser'ice *oard of ppeal
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PU#LIC SERVICE #OARD OF APPEAL
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There shall be a 9"blic Service Ioard of $ppeal for Saint L"cia ,hereinafter in this section and in section (6 referred to as the Ioard/ which shall consist of& ,a/ one member appointed by the 5overnor 5eneral, acting in his or her own deliberate <"dgment, who shall be the !hairperson: ,b/ one member appointed by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister: and ,c/ 2 members appointed by the 5overnor 5eneral, acting in accordance with the advice of the appropriate representative bodies% $ person shall not be ;"alified for appointment as a member of the Ioard if he or she is a Senator or a member of the 8o"se and a person shall not be ;"alified for appointment "nder s"bsection ,1/,c/ "nless he or she is or has been a p"blic officer% S"b<ect to the provisions, the office of a member of the Ioard shall become vacant& ,a/ at the e=piration of 3 years from the date of his or her appointment: or ,b/ if any circ"mstances arise that, if he or she were not a member of the Ioard, wo"ld ca"se him or her to be dis;"alified to be appointed as s"ch "nder s"bsection ,2/% $ member of the Ioard may be removed from office only for inability to e=ercise the f"nctions of his or her office ,whether arising from infirmity of body or mind or any other ca"se/ or for misbehavio"r and shall not be so removed e=cept in accordance with the provisions of this section% $ member of the Ioard shall be removed from office by the 5overnor 5eneral if the ;"estion of his or her removal from office has been referred to a trib"nal appointed "nder s"bsection ,6/ and the trib"nal has recommended to the 5overnor 5eneral that he or she o"ght to be removed from office for inability as aforesaid or for misbehavio"r% 'f the 5overnor 5eneral considers that the ;"estion of removing a member of the Ioard "nder this section o"ght to be investigated then&
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the 5overnor 5eneral shall appoint a trib"nal which shall consist of a chairperson and not less than 2 other members, selected by the !hief D"stice from among persons who hold or have held office as a <"dge of a co"rt having "nlimited <"risdiction in civil and criminal matters in some part of the !ommonwealth or of a co"rt having <"risdiction in appeals from s"ch a co"rt: and the trib"nal shall en;"ire into the matter and report on the facts thereof to the 5overnor 5eneral and recommend to him or her whether the member o"ght to be removed "nder this section%
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'f the ;"estion of removing a member of the Ioard has been referred to a trib"nal "nder this section, the 5overnor 5eneral may s"spend that member from the e=ercise of the f"nctions of his or her office and any s"ch s"spension may at any time be revo?ed by the 5overnor 5eneral and shall in any case cease to have effect if the trib"nal recommends to the 5overnor 5eneral that that member sho"ld not be removed% 'f at any time any member of the Ioard is for any reason "nable to e=ercise the f"nctions of his or her office, the 5overnor 5eneral may appoint a person who is ;"alified to be appointed as a member of the Ioard to act as a member, and any person so appointed shall, s"b<ect to the provisions of s"bsection ,2/, contin"e to act "ntil the holder thereof has res"med his or her f"nctions or "ntil his or her appointment to act has been revo?ed by the 5overnor 5eneral% 'n the e=ercise of the powers conferred "pon him or her by s"bsections ,6/, ,)/ and ,*/ the 5overnor 5eneral shall, in the case of a member of the Ioard appointed "nder s"bsection ,1/ ,b/, act in accordance with the advice of the 9rime 3inister and shall in any other case act in his or her own deliberate <"dgment%
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,10/ The Ioard shall, in the e=ercise of its f"nctions "nder this !onstit"tion, not be s"b<ect to the direction or control of any other person or a"thority% ,11/ 'n this section Bthe appropriate representative bodiesC means the Saint L"cia !ivil Service $ssociation and the 9olice $ssociation or s"ch other bodies as may be designated by the 5overnor 5eneral, acting in accordance with the advice of the
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9rime 3inister, as representing the interests of p"blic officers and of police officers%
&6APPEALS IN DISCIPLINE CASES
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This section applies to& ,a/ any decision of the 5overnor 5eneral, acting in accordance with the advice of the 9"blic Service !ommission, or any decision of the 9"blic Service !ommission or of the Teaching Service !ommission, to remove a p"blic officer from office or to e=ercise disciplinary control over a p"blic officer ,incl"ding a decision made on appeal from or confirming a decision of any person to whom powers are delegated "nder section *6,2/ or (3,2//: ,b/ any decision of any person to whom powers are delegated "nder section *6,2/ or (3,2/ to remove a p"blic officer from office or to e=ercise disciplinary control over a p"blic officer ,not being a decision which is s"b<ect to appeal to or confirmation by the 9"blic Service !ommission or the Teaching Service !ommission/: ,c/ if it is so provided by 9arliament, any decision of the !ommissioner of 9olice "nder section (2,3/, or of a person to whom powers are delegated "nder section (2,2/, to remove a police officer from office or to e=ercise disciplinary control over a police officer: ,d/ s"ch decisions with respect to the discipline of any military, naval or air force of Saint L"cia as may be prescribed by 9arliament% S"b<ect to the provisions of this section, an appeal shall lie to the Ioard from any decision to which this section applies at the instance of the p"blic officer or member of the naval, military or air force in respect of whom the decision is madeA 9rovided that in the case of any s"ch decision as is referred to in s"bsection ,1/,c/, an appeal shall lie in the first instance to the !ommissioner of 9olice if it is so provided by 9arliament or, if it is not so provided, if the !ommissioner so re;"ires%
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-pon an appeal "nder this section the Ioard may affirm or set aside the decision appealed against or may ma?e any other
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decision which the a"thority or person from whom the appeal lies co"ld have made% ,2/ ,4/ #very decision of the Ioard shall re;"ire the conc"rrence of a ma<ority of all its members% S"b<ect to the provisions of s"bsection ,2/, the Ioard may by reg"lation ma?e provision for& ,a/ the proced"re of the Ioard: ,b/ the proced"re in appeals "nder this section: or ,c/ e=cepting from the provisions of s"bsection ,2/ decisions in respect of p"blic officers holding offices whose emol"ments do not e=ceed s"ch s"m as may be prescribed by the reg"lations or s"ch decisions to e=ercise disciplinary control, other than decisions to remove from office, as may be so prescribed% eg"lations made "nder this section may, with the consent of the 9rime 3inister, confer powers or impose d"ties on any p"blic officer or any a"thority of the 5overnment for the p"rpose of the e=ercise of the f"nctions of the Ioard% The Ioard may, s"b<ect to the provisions of this section and to its r"les of proced"re, act notwithstanding any vacancy in its membership or the absence of any member%
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PART 6
Pensions
&7PENSIONS LA,S AND PROTECTION OF PENSIONS RIGHTS
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The law to be applied with respect to any pensions benefits that were granted to any person before the commencement of this !onstit"tion 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 favo"rable to that person% The law to be applied with respect to any pensions benefits ,not being benefits to which s"bsection ,1/ applies/ shall& ,a/ in so far as those benefits are wholly in respect of a period of service as a <"dge or officer of the S"preme !o"rt or a p"blic officer that commenced before the commencement
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of this !onstit"tion, be the law that was in force at s"ch commencement: and in so far as those benefits are wholly or partly in respect of a period of service as a <"dge or officer of the S"preme !o"rt or a p"blic officer that commenced after the commencement of this !onstit"tion, 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 favo"rable to that person% ,3/ 7here a person is entitled to e=ercise an option as to which of 2 or more laws shall apply in his or her case, the law for which he or she opts shall, for the p"rposes of this section, be deemed to be more favo"rable to him or her than the other law or laws% $ll pensions benefits shall ,e=cept to the e=tent that they are by law charged "pon and d"ly paid o"t of some other f"nd/ be a charge on the !onsolidated 0"nd% 'n this section Bpensions benefitsC means any pensions, compensation, grat"ities or other li?e allowances for persons in respect of their service as <"dges or officers of the S"preme !o"rt or p"blic officers or for the widows, children, dependants or personal representatives of s"ch persons in respect of s"ch service% eferences in this section to the law with respect to pensions benefits incl"de ,witho"t pre<"dice to their generality/ references to the law reg"lating the circ"mstances in which s"ch benefits may be granted or in which the grant of s"ch benefits may be ref"sed, the law reg"lating the circ"mstances in which any s"ch benefits that have been granted may be withheld, red"ced in amo"nt or s"spended and the law reg"lating the amo"nt of any s"ch benefits%
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&$-
PO,ER TO ,ITHHOLD PENSIONS ETC
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7here "nder any law any person or a"thority has a discretion& ,a/ to decide whether or not any pensions benefits shall be granted: or ,b/ to withhold, red"ce in amo"nt or s"spend any s"ch benefits that have been granted,
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those benefits shall be granted and may not be withheld, red"ced in amo"nt or s"spended "nless the 9"blic Service !ommission conc"rs in the ref"sal to grant the benefits or, as the case may be, in the decision to withhold them, red"ce them in amo"nt or s"spend them% ,2/ 7here the amo"nt of any pensions benefits that may be granted to any person is not fi=ed by law, the amo"nt of the benefits to be granted to him or her shall be the greatest amo"nt for which he or she is eligible "nless the 9"blic Service !ommission conc"rs in his or her being granted benefits of a smaller amo"nt% The 9"blic Service !ommission shall not conc"r "nder s"bsection ,1/ or s"bsection ,2/ in any action ta?en on the gro"nd that any person who holds or has held the office of <"dge of the S"preme !o"rt, Director of 9"blic 9rosec"tions, Director of $"dit or !hief #lections @fficer has been g"ilty of misbehavio"r in that office "nless he or she has been removed from that office by reason of s"ch misbehavio"r% Iefore the 9"blic Service !ommission conc"rs "nder s"bsection ,1/ or s"bsection ,2/ in any action ta?en on the gro"nd that any person who holds or has held any office to which, at the time of s"ch action, section (1 applies has been g"ilty of misbehavio"r in that office, the 9"blic Service !ommission shall cons"lt the D"dicial and Legal Services !ommission% 'n this section Bpension benefitsC means any pensions, compensation, grat"ities or other li?e allowances for persons in respect of their service as <"dges or officers of the S"preme !o"rt or p"blic officers or for the widows, children, dependants or personal representatives of s"ch persons in respect of s"ch service%
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CHAPTER VII
CITI(ENSHIP
&&PERSONS ,HO #ECOME CITI(ENS ON 22 FE#RUAR" 1&7&
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#very person who, having been born in Saint L"cia, is immediately before the commencement of this !onstit"tion a
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citi6en of the -nited .ingdom and !olonies shall become a citi6en at s"ch commencement% ,2/ #very person who, immediately before the commencement of this !onstit"tion, is a citi6en of the -nited .ingdom and !olonies& ,a/ having become s"ch a citi6en "nder the Iritish +ationality $ct 1(2* of the -nited .ingdom by virt"e of his or her having been nat"ralised in Saint L"cia as a Iritish s"b<ect before that $ct came into force: or ,b/ having while resident in Saint L"cia become s"ch a citi6en by virt"e of his or her having been nat"ralised or registered "nder the Iritish +ationality $ct 1(2* of the -nited .ingdom, shall become a citi6en at s"ch commencement% ,3/ #very person who, having been born o"tside Saint L"cia, is immediately before the commencement of this !onstit"tion a citi6en of the -nited .ingdom and !olonies shall, if his or her father or mother becomes, or wo"ld b"t for his or her death or the ren"nciation of his or her citi6enship of the -nited .ingdom and !olonies have become, a citi6en by virt"e of s"bsection ,1/ or ,2/, become a citi6en at s"ch commencement% #very woman who, having been married to a person who becomes, or b"t for his death or the ren"nciation of his citi6enship of the -nited .ingdom and !olonies wo"ld have become, a citi6en by virt"e of s"bsection ,1/, ,2/ or ,3/, is a citi6en of the -nited .ingdom and !olonies immediately before the commencement of this !onstit"tion shall become a citi6en at s"ch commencement%
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1''- PERSONS #ORN IN SAINT LUCIA ON OR AFTER 22 FE#RUAR" 1&7&
#very person born in Saint L"cia after the commencement of this, !onstit"tion shall become a citi6en at the date of his or her birthA 9rovided that a person shall not become a citi6en by virt"e of this section if at the time of his or her birth& ,a/ neither of his or her parents is a citi6en of Saint L"cia and his or her father possesses s"ch imm"nity from s"it and
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legal process as is accorded to the envoy of a foreign sovereign power accredited to Saint L"cia: or his or her father is a citi6en of a co"ntry with which Saint L"cia is at war and the birth occ"rs in a place then "nder occ"pation by that co"ntry%
1'1- PERSONS #ORN OUTSIDE SAINT LUCIA ON OR AFTER 22 FE#RUAR" 1&7&
$ person born o"tside Saint L"cia after the commencement of this !onstit"tion shall become a citi6en at the date of his or her birth if, at that date, his or her father or mother is a citi6en otherwise than by virt"e of this section or section ((,3/%
1'2- REGISTRATION
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The following persons shall be entitled, "pon ma?ing application, to be registered as citi6ens& ,a/ any woman who is married to a citi6en or who has been married to a person who, at any time d"ring the period d"ring which they were married to each other, was a citi6en: ,b/ any person who, being a !ommonwealth citi6en, is ordinarily resident in Saint L"cia at the commencement of this !onstit"tion, having been so resident for the period of ) years immediately preceding s"ch commencement: ,c/ any person who, having been a citi6en has reno"nced his or her citi6enship in order to ;"alify for the ac;"isition or retention of the citi6enship of another co"ntry: ,d/ any person who, b"t for having reno"nced his or her citi6enship of the -nited .ingdom and !olonies in order to ;"alify for the ac;"isition or retention of the citi6enship of another co"ntry, wo"ld have become a citi6en at the commencement of this !onstit"tion: ,e/ any woman who is married to any s"ch person as is mentioned in paragraph ,b/, ,c/ or ,d/ or who was married to a person who, at any time d"ring the period d"ring which they were married to each other, was entitled to be registered as a citi6en "nder any s"ch paragraph: ,f/ any woman who, before the commencement of this !onstit"tion, has been married to a person&
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who becomes a citi6en by virt"e of section ((: or ,ii/ who, having died before s"ch commencement, wo"ld b"t for his death have become a citi6en by virt"e of that section, b"t whose marriage has been terminated by death or dissol"tion before s"ch commencement% ,2/ The following persons shall, "pon ma?ing application, be entitled to be registered as citi6ens& ,a/ any man who is married to a citi6en or who has been married to a person who, at any time d"ring the period d"ring which they were married to each other, was a citi6en: ,b/ any person who, being a !ommonwealth citi6en, is and for ) years previo"s to his or her application has been ordinarily resident in Saint L"cia: ,c/ any man who is married to any s"ch person as is mentioned in s"bsection ,l/,b/, ,1/,c/ or ,1/,d/ or who was married to a person who, at any time d"ring the period d"ring which they were married too each other, was entitled to apply to be registered as a citi6en "nder any s"ch paragraph: ,d/ any person "nder the age of 21 years who is the stepchild or child adopted in a manner recognised by law of a citi6en or is the child, stepchild or child so adopted of a person who is or wo"ld b"t for his or her death have been entitled to be registered as a citi6en "nder s"bsection ,l/A 9rovided that if it is so provided by 9arliament an application for registration as a citi6en "nder this s"bsection may, in s"ch circ"mstances as may be prescribed by 9arliament in the interests of defence, p"blic safety or p"blic order, be ref"sed by the 3inister responsible for the matter in any case in which he or she is satisfied that there are reasonable gro"nds for ref"sing the application% ,3/ $n application "nder this section shall be made in s"ch manner as may be prescribed, as respects that application, by or "nder a law enacted by 9arliament and in the case of a person to whom s"bsection ,2/,d/ applies, it shall be made on his or her behalf by his or her parent or g"ardianA
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9rovided that if any s"ch person is or has been married, he or she may ma?e the application himself or herself% ,2/ #very person who, being a Iritish protected person, an alien or, if it is so prescribed by 9arliament, a citi6en of any co"ntry within the !ommonwealth that does not form part of 8er 3a<estyEs dominions and having reached the age of 21 years, applies for registration "nder this section shall, before s"ch registration, ta?e the oath of allegiance%
1'3- AC.UISITION DEPRIVATION AND RENUNCIATION
There shall be s"ch provision as may be made by 9arliament for& ,a/ the ac;"isition of citi6enship by persons who are not eligible or who are no longer eligible to become citi6ens "nder the provisions of this !hapter: ,b/ depriving of his or her citi6enship any person who is a citi6en otherwise than by virt"e of section ((, 100 or 101: ,c/ the ren"nciation by any person of his or her citi6enship%
1'!- INTERPRETATION
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'n this !hapter& B08ienC means a person who is not a !ommonwealth citi6en, a Iritish protected person or a citi6en of the ep"blic of 'reland: BB6itis+ 16ote$ted 1e6sonC means a person who is a Iritish protected person for the p"rposes of the Iritish +ationality $ct 1(2* of the -nited .ingdom: Bt+e B6itis+ N0tion08it7 A$t 1(<& o* t+e United ,in-do. C incl"des any $ct of the 9arliament of the -nited .ingdom altering that $ct%
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0or the p"rposes of this !hapter, a person born aboard a registered ship or aircraft, or aboard an "nregistered ship or aircraft of the government of any co"ntry, 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 co"ntry% $ny reference in this !hapter to the national stat"s of the father of a person at the time of that personEs birth shall, in relation to a person born after the death of his or her father, be constr"ed
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as a reference to the national stat"s of the father at the time of the fatherEs death: and where that death occ"rred before the commencement of this !onstit"tion and the birth occ"rred after s"ch commencement the national stat"s that the father wo"ld have had if he had died immediately after s"ch commencement shall be deemed to be his national stat"s at the time of his death%
CHAPTER VIII
)UDICIAL PROVISIONS
1'5- ORIGINAL )URISDICTION OF HIGH COURT IN CONSTITUTIONAL .UESTIONS
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S"b<ect to the provisions of sections 22,2/, 3),6/, 21,11/, 4*,)/, 11),*/, 121,3/ and 122,10/, any person who alleges that any provision of this !onstit"tion ,other than a provision of !hapter ' thereof/ has been or is being contravened may, if he or she has a relevant interest, apply to the 8igh !o"rt for a declaration and for relief "nder this section% The 8igh !o"rt shall have <"risdiction on an application made "nder this section to determine whether any provision of this !onstit"tion ,other than a provision of !hapter ' thereof/ has been or is being contravened and to ma?e a declaration accordingly% 7here the 8igh !o"rt ma?es a declaration "nder this section that a provision of this !onstit"tion has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the 8igh !o"rt may grant to that person s"ch remedy as it considers appropriate, being a remedy available generally "nder any law in proceedings in the 8igh !o"rt% The !hief D"stice may ma?e r"les with respect to the practice and proced"re of the 8igh !o"rt in relation to the <"risdiction and powers conferred on the !o"rt by or "nder this section, incl"ding provision with respect to the time within which any application "nder this section may be made% $ person shall be regarded as having a relevant interest for the p"rpose of an application "nder this section only if the contravention of this !onstit"tion alleged by him or her is s"ch as to affect his or her interests%
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The right conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this !onstit"tion shall be in addition to any other action in respect of the same matter that may be available to that person "nder any other law% +othing in this section shall confer <"risdiction on the 8igh !o"rt to hear or determine any s"ch ;"estion as is referred to in section 3(%
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1'6- REFERENCE OF CONSTITUTIONAL .UESTIONS TO HIGH COURT
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7here any ;"estion as to the interpretation of this !onstit"tion arises in any co"rt of law established for Saint L"cia ,other than the !o"rt of $ppeal, the 8igh !o"rt or a co"rt martial/ and the co"rt is of opinion that the ;"estion involves a s"bstantial ;"estion of law, the co"rt shall refer the ;"estion to the 8igh !o"rt% 7here any ;"estion is referred to the 8igh !o"rt in p"rs"ance of this section, the 8igh !o"rt shall give its decision "pon the ;"estion and the co"rt in which the ;"estion arose shall dispose of the case in accordance with that decision or, if the decision is the s"b<ect of an appeal to the !o"rt of $ppeal or 8er 3a<esty in !o"ncil, in accordance with the decision of the !o"rt of $ppeal or, as the case may be, 8er 3a<esty in !o"ncil%
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1'7- APPEALS TO COURT OF APPEAL
S"b<ect to the provisions of section 3(,*/, an appeal shall lie from decisions of the 8igh !o"rt to the !o"rt of $ppeal as of right in the following cases& ,a/ final decisions in any civil or criminal proceedings on ;"estions as to the interpretation of this !onstit"tion: ,b/ final decisions given in e=ercise of the <"risdiction conferred on the 8igh !o"rt by section 16 ,which relates to the enforcement of the f"ndamental rights and freedoms/: and ,c/ s"ch other cases as may be prescribed by 9arliament%
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1'$- APPEALS TO HER MA)EST" IN COUNCIL
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$n appeal shall lie from decisions of the !o"rt of $ppeal to 8er 3a<esty in !o"ncil as of right in the following cases& ,a/ final decisions in any civil proceedings where the matter in disp"te on the appeal to 8er 3a<esty in !o"ncil is of the prescribed val"e or "pwards or where the appeal involves directly or indirectly a claim to or ;"estion respecting property or a right of the prescribed val"e or "pwards: ,b/ final decisions in proceedings for dissol"tion or n"llity of marriage: ,c/ final decisions in any civil or criminal proceedings which involve a ;"estion as to the interpretation of this !onstit"tion: and ,d/ s"ch other cases as may be prescribed by 9arliament% $n appeal shall lie from decisions of the !o"rt of $ppeal to 8er 3a<esty in !o"ncil with the leave of the !o"rt of $ppeal in the following cases& ,a/ decisions in any civil proceedings where in the opinion of the !o"rt of $ppeal the ;"estion involved in the appeal is one that, by reason of its great general or p"blic importance or otherwise, o"ght to be s"bmitted to 8er 3a<esty in !o"ncil: and ,b/ s"ch other cases as may be prescribed by 9arliament% $n appeal shall lie to 8er 3a<esty in !o"ncil with the special leave of 8er 3a<esty from any decision of the !o"rt of $ppeal in any civil or criminal matter% eferences in this section to decisions of the !o"rt of $ppeal shall be constr"ed as references to decisions of the !o"rt of $ppeal in e=ercise of the <"risdiction conferred by this !onstit"tion or any other law% 'n this section the prescribed val"e means the val"e of H1400 or s"ch other val"e as may be prescribed by 9arliament% This section shall be s"b<ect to the provisions of section 3(,)/%
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1'&- INTERPRETATION
'n this !hapter references to the contravention of any provision of, or the interpretation of, this !onstit"tion shall be constr"ed as incl"ding references to the contravention of any provision of, or the interpretation of, the S"preme !o"rt @rder%
CHAPTER I%
PARLIAMENTAR" COMMISSIONER
11'- APPOINTMENT ETC- OF COMMISSIONER
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There shall be a 9arliamentary !ommissioner for Saint L"cia who shall be an officer of 9arliament and who shall not hold any other office of emol"ment whether in the p"blic service or otherwise nor engage in any other occ"pation for reward% The 9arliamentary !ommissioner shall be appointed by the 5overnor 5eneral, acting after cons"ltation with the 9rime 3inister and the Leader of the @pposition, for a term not e=ceeding 4 years% Iefore entering "pon the d"ties of his or her office, the 9arliamentary !ommissioner shall ta?e and s"bscribe the oath of office before the Spea?er% S"b<ect to the provisions of s"bsection ,)/ the 9arliamentary !ommissioner shall vacate his or her office at the e=piration of the term for which he or she was appointedA 9rovided that he or she shall vacate his or her office& ,a/ if he or she is appointed as a Senator or with his or her consent he or she is nominated as a candidate for election to the 8o"se: or ,b/ if he or she is appointed to any other office of emol"ment or engages in any other occ"pation for reward%
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'f the office of 9arliamentary !ommissioner becomes vacant, an appointment to fill the office shall be made within (0 days of the occ"rrence of the vacancyA 9rovided that the 8o"se may by resol"tion e=tend that period for f"rther periods not e=ceeding in the aggregate 140 days%
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$ person holding the office of 9arliamentary !ommissioner may be removed from office only for inability to e=ercise the
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f"nctions of his or her office ,whether arising from infirmity of body or mind or any other ca"se/ or for misbehavio"r and shall not be so removed e=cept in accordance with the provisions of this section% ,)/ The 9arliamentary !ommissioner shall be removed from office by the 5overnor 5eneral if the ;"estion of his or her removal from office has been referred to a trib"nal appointed "nder s"bsection ,*/ and the trib"nal has recommended to the 5overnor 5eneral that he or she o"ght to be removed for inability as aforesaid or for misbehavio"r% 'f the 5overnor 5eneral, acting after cons"ltation with the 9rime 3inister and the Leader of the @pposition, considers that the ;"estion of removing the 9arliamentary !ommissioner "nder this section o"ght to be investigated& ,a/ the 5overnor 5eneral shall appoint a trib"nal which shall consist of a chairperson and not less than 2 other members selected by the !hief D"stice from among persons who hold or have held office as a <"dge of a co"rt having "nlimited <"risdiction in civil and criminal matters in some part of the !ommonwealth or a co"rt having <"risdiction in appeals from s"ch a co"rt: and ,b/ the trib"nal shall en;"ire into the matter and report on the facts thereof to the 5overnor 5eneral and recommend to him or her whether the !ommissioner o"ght to be removed "nder this section% 'f the ;"estion of removing the 9arliamentary !ommissioner has been referred to a trib"nal "nder this section, the 5overnor 5eneral, acting after cons"ltation with the 9rime 3inister and the Leader of the @pposition, may s"spend the !ommissioner from the e=ercise of the f"nctions of his or her office and any s"ch s"spension may at any time be revo?ed by the 5overnor 5eneral, acting as aforesaid, and shall in any case cease to have effect if the trib"nal recommends to the 5overnor 5eneral that the !ommissioner sho"ld not be removed%
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111- DEPUT" PARLIAMENTAR" COMMISSIONER
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There shall be a Dep"ty 9arliamentary !ommissioner and the provisions of section 110 shall apply in relation to the !ommissioner and his or her office as they apply in relation to the 9arliamentary !ommissioner and his or her office%
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The Dep"ty 9arliamentary !ommissioner shall assist the 9arliamentary !ommissioner in the performance of the f"nctions of his or her office and whenever that office is vacant or the holder of the office is for any reason "nable to perform those f"nctions, the Dep"ty 9arliamentary !ommissioner shall perform those f"nctions%
112- FUNCTIONS OF COMMISSIONER
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S"b<ect to the provisions of this section and sections 113 and 112, the principal f"nction of the 9arliamentary !ommissioner shall be to investigate any decision or recommendation made, incl"ding any advice given or recommendation made to a 3inister, or any act done or omitted by any department of government or any other a"thority to which this section applies, or by officers or members of s"ch a department or a"thority, being action ta?en in e=ercise of the administrative f"nctions of that department or a"thority% The 9arliamentary !ommissioner shall be provided with a staff ade;"ate for the efficient discharge of his or her f"nctions and the offices of the members of his or her staff shall be p"blic offices% The 9arliamentary !ommissioner may investigate any s"ch matter in any of the following circ"mstances& ,a/ where a complaint is d"ly made to the !ommissioner by any person alleging that the complainant has s"stained an in<"stice as a res"lt of a fa"lt in administration: ,b/ where a Senator or a member of the 8o"se re;"ests the !ommissioner to investigate the matter on the gro"nd that a person or body of persons specified in the re;"est has or may have s"stained s"ch in<"stice: and ,c/ in any other circ"mstances in which the !ommissioner considers that he or she o"ght to investigate the matter on the gro"nd that some person or body of persons has or may have s"stained s"ch in<"stice% The a"thorities other than departments of government to which this section applies are& ,a/ local a"thorities or other bodies established for p"rposes of the p"blic service or of local government:
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a"thorities or bodies the ma<ority of whose members are appointed by the 5overnor 5eneral or by a 3inister or whose reven"es consist wholly or mainly of moneys provided o"t of p"blic f"nds: any a"thority empowered to determine the person with whom any contract shall be entered into by or on behalf of the 5overnment: and s"ch other a"thorities as may be prescribed by 9arliament%
113- RESTRICTIONS ON MATTERS FOR INVESTIGATION
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'n investigating any matter leading to, res"lting from or connected with the decision of a 3inister, the 9arliamentary !ommissioner shall not in;"ire into or ;"estion the policy of the 3inister in accordance with which the decision was made% The 9arliamentary !ommissioner shall have power to investigate complaints of administrative in<"stice "nder section 112 notwithstanding that s"ch complaints raise ;"estions as to the integrity or corr"ption of the p"blic service or any department or office of the p"blic service, and may investigate any conditions res"lting from, or calc"lated to facilitate or enco"rage, corr"ption in the p"blic service, b"t he or she shall not "nderta?e any investigation into specific charges of corr"ption against individ"als% 7here in the co"rse of an investigation it appears to the 9arliamentary !ommissioner that there is evidence of any corr"pt act by any p"blic officer or by any person in connection with the p"blic service, he or she shall report the matter to the appropriate a"thority with his or her recommendation as to any f"rther investigation he or she may consider proper% The 9arliamentary !ommissioner shall not investigate& ,a/ any action in respect of which the complainant has or had ,i/ a remedy by way of proceedings in a co"rt of law: or ,ii/ a right of appeal, reference or review to or before an independent and impartial trib"nal other than a co"rt of law: or ,b/ any s"ch action, or action ta?en with respect to any matter, as is described in sched"le 3 to this !onstit"tion%
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+otwithstanding the provisions of s"bsection ,2/ the 9arliamentary !ommissioner& ,a/ may investigate a matter notwithstanding that the complainant has or had a remedy by way of proceedings in a co"rt of law if satisfied that in the partic"lar circ"mstances it is not reasonable to e=pect him or her to ta?e or to have ta?en s"ch proceedings: ,b/ is not in any case precl"ded from investigating any matter by reason only that it is open to the complainant to apply to the 8igh !o"rt for redress "nder section 16 ,which relates to the enforcement of the f"ndamental rights and freedoms/%
11!- DISCRETION OF COMMISSIONER
'n determining whether to initiate, contin"e or discontin"e an investigation, the 9arliamentary !ommissioner shall, s"b<ect to the provisions of sections 112 and 113, act in his or her discretion and, in partic"lar and witho"t pre<"dice to the generality of this discretion, the !ommissioner may ref"se to initiate or may discontin"e an investigation where it appears to him or her that& ,a/ a complaint relates to action of which the complainant has ?nowledge for more than 12 months before the complaint was received by the !ommissioner: ,b/ the s"b<ect matter of the complaint is trivial: ,c/ the complaint is frivolo"s or ve=atio"s or is not made in good faith: or ,d/ the complainant has not a s"fficient interest in the s"b<ect matter of the complaint%
115- REPORT ON INVESTIGATION
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7here a complaint or re;"est for an investigation is d"ly made and the 9arliamentary !ommissioner decides not to investigate the matter or where he or she decides to discontin"e an investigation of the matter, he or she shall inform the person who made the complaint or re;"est of the reasons for his or her decision% -pon the completion of an investigation the 9arliamentary !ommission shall inform the department of government or the
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a"thority concerned of the res"lts of the investigation and if he or she is of the opinion that any person has s"stained an in<"stice in conse;"ence of a fa"lt in administration, he or she shall inform the department of government or the a"thority of the reasons for his or her opinion and ma?e s"ch recommendations as he or she thin?s fit% ,3/ The 9arliamentary !ommissioner may in his or her original recommendations, or at any later stage if he or she thin?s fit, specify the time within which the in<"stice sho"ld be remedied% 7here the investigation is "nderta?en as a res"lt of a complaint or re;"est, the 9arliamentary !ommissioner shall inform the person who made the complaint or re;"est of his or her findings% 7here the matter is in the opinion of the 9arliamentary !ommissioner of s"fficient p"blic importance or where the !ommissioner has made a recommendation "nder s"bsection ,2/ and within the time specified by him or her no s"fficient action has been ta?en to remedy the in<"stice, then the !ommissioner shall ma?e a special report to the Senate and the 8o"se on the case% The 9arliamentary !ommissioner shall ma?e ann"al reports to the Senate and the 8o"se on the performance of his or her f"nctions which shall incl"de statistics in s"ch form and in s"ch detail as may be prescribed by law of the complaints received by him or her and the res"lts of his or her investigations%
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116- PO,ER TO O#TAIN EVIDENCE
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The 9arliamentary !ommissioner shall have the powers of the 8igh !o"rt to s"mmon witnesses to appear before him or her and to compel them to give evidence on oath and to prod"ce doc"ments relevant to the proceedings before him or her and all persons giving evidence at those proceedings shall have the same d"ties and liabilities and en<oy the same privileges as in the 8igh !o"rt% The 9arliamentary !ommissioner shall have power to enter and inspect the premises of any department of government or any a"thority to which section 112 applies, to call for, e=amine and where necessary retain any doc"ment ?ept on s"ch premises
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and there to carry o"t any investigation in p"rs"ance of his or her f"nctions%
117- PRESCRI#ED MATTERS CONCERNING COMMISSIONER
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There shall be s"ch provision as may be made by 9arliament& ,a/ for reg"lating the proced"re for the ma?ing of complaints and re;"ests to the 9arliamentary !ommissioner and for the e=ercise of his or her f"nctions: ,b/ for conferring s"ch powers on the !ommissioner and imposing d"ties on persons in connection with the d"e performance of his or her f"nctions: and ,c/ generally for facilitating the performance by the !ommissioner of his or her f"nctions% The 9arliamentary !ommissioner may not be empowered to s"mmon a 3inister or a 9arliamentary Secretary to appear before him or her or to compel a 3inister or a 9arliamentary Secretary to answer any ;"estions relating to any matter "nder investigation by the !ommissioner% The 9arliamentary !ommissioner may not be empowered to s"mmon any witness to prod"ce any !abinet papers or to give any confidential income ta= information% +o complainant may be re;"ired to pay any fee in respect of his or her complaint or re;"est or for any investigation to be made by the 9arliamentary !ommissioner% +o proceedings, civil or criminal, may lie against the 9arliamentary !ommissioner, or against any person holding an office or appointment "nder him or her, for anything he or she may do or report or say in the co"rse of the e=ercise or intended e=ercise of the f"nctions of the !ommissioner "nder this !onstit"tion, "nless it is shown that he or she acted in bad faith% The 9arliamentary !ommissioner, and any person holding office or appointment "nder him or her, may not be called to give evidence in any co"rt of law, or in any proceedings of a <"dicial nat"re, in respect of anything coming to his or her ?nowledge in the e=ercise of his or her f"nctions% $nything said or any information s"pplied or any doc"ment, paper, or thing prod"ced by any person in the co"rse of any en;"iry by or proceedings before the 9arliamentary
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!ommissioner "nder this !onstit"tion shall be privileged in the same manner as if the en;"iry or proceedings were proceedings in a co"rt of law% ,*/ +o proceedings of the 9arliamentary !ommissioner may be held bad for want of form, and, e=cept on the gro"nd of lac? of <"risdiction, no proceeding or decision of the !ommissioner shall be liable to be challenged, reviewed, ;"ashed or called in ;"estion in any co"rt of law%
CHAPTER %
MISCELLANEOUS
11$- THE INTEGRIT" COMMISSION
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There shall be an 'ntegrity !ommission for Saint L"cia ,hereinafter in this section referred to as the !ommission/ which shall consist of a chairperson and not less than 2 nor more than 2 other members, who shall be appointed by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inisterA 9rovided that the 9rime 3inister shall cons"lt the Leader of the @pposition before tendering any advice to the 5overnor 5eneral for the p"rposes of this s"bsection%
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$ person shall not be ;"alified to be appointed as a member of the !ommission if& ,a/ he or she is a Senator or a member of the 8o"se: ,b/ he or she is, or has at any time d"ring the 3 years preceding his or her appointment been, a <"dge of the S"preme !o"rt or a p"blic officer% $ member of the !ommission shall not, within the period of 3 years commencing with the day on which he or she last held or acted in the office of member of the !ommission, be eligible for appointment to or to act in any p"blic office% S"b<ect to the provisions of this section, the office of a member of the !ommission shall become vacant& ,a/ at the e=piration of 3 years from the date of his or her appointment or
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if any circ"mstances arise that, if he or she were not a member of the !ommission, wo"ld ca"se him or her to be dis;"alified to be appointed as s"ch "nder s"bsection ,2/%
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$ member of the !ommission may be removed from office only for inability to e=ercise the f"nctions of his or her office ,whether arising from infirmity of body or mind or any other ca"se/ or for misbehavio"r and shall not be so removed e=cept in accordance with the provisions of this section% $ member of the !ommission shall be removed from office by the 5overnor 5eneral if the ;"estion of his or her removal from office has been referred to a trib"nal appointed "nder s"bsection ,)/ and the trib"nal has recommended to the 5overnor 5eneral that he or she o"ght to be removed from office for inability as aforesaid or for misbehavio"r% 'f the 9rime 3inister represents to the 5overnor 5eneral that the ;"estion of removing a member of the !ommission "nder this section o"ght to be investigated, then& ,a/ the 5overnor 5eneral shall appoint a trib"nal which shall consist of a chairperson and not less than 2 other members, selected by the !hief D"stice from among persons who hold or have held office as a <"dge of a co"rt having "nlimited <"risdiction in civil and criminal matters in some part of the !ommonwealth or a co"rt having <"risdiction in appeals from s"ch a co"rt: and ,b/ the trib"nal shall en;"ire into the matter and report on the facts thereof to the 5overnor 5eneral and recommend to him or her whether the member o"ght to be removed "nder this section% 'f the ;"estion of removing a member of the !ommission has been referred to a trib"nal "nder this section, the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister, may s"spend that member from the e=ercise of the f"nctions of his or her office and any s"ch s"spension may at any time be revo?ed by the 5overnor 5eneral, acting in accordance with s"ch advice as aforesaid, and shall in any case cease to have effect if the trib"nal recommends to the 5overnor 5eneral that that member sho"ld not be removed% 'f the office of chairperson of the !ommission is vacant or if the holder of that office is for any reason "nable to e=ercise the f"nctions of his or her office, then, "ntil a person has been
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appointed to and has ass"med the f"nctions of that office or "ntil the person holding that office has res"med those f"nctions, as the case may be, they shall be e=ercised by s"ch other member of the !ommission as may be designated by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister% ,10/ 'f at any time there are less than 2 members of the !ommission besides the chairperson or if any s"ch member is acting as chairperson or is for any reason "nable to e=ercise the f"nctions of his or her office, the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister, may appoint a person who is ;"alified to be appointed as a member of the !ommission to act as a member, and any person so appointed shall, s"b<ect to the provisions of s"bsection ,2/, contin"e to act "ntil the office in which he or she is acting has been filled or, as the case may be, "ntil the holder thereof has res"med his or her f"nctions or "ntil his or her appointment to act has been revo?ed by the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister% ,11/ $ member of the !ommission shall not enter "pon the d"ties of his or her office "ntil he or she has ta?en and s"bscribed the oath of allegiance and the oath of office% ,12/ The !ommission shall, in the e=ercise of its f"nctions "nder this !onstit"tion, not be s"b<ect to the direction or control of any other person or a"thority% ,13/ The !ommission may by reg"lation or otherwise reg"late its own proced"re and, with the consent of the 9rime 3inister, may confer powers or impose d"ties on any p"blic officer or on any a"thority of the 5overnment for the p"rpose of the e=ercise of its f"nctions% ,12/ The !ommission may, s"b<ect to its r"les of proced"re, 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 proceedingsA 9rovided that any decision of the !ommission shall re;"ire the conc"rrence of a ma<ority of all its members%
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11&- DECLARATION OF ASSETS
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The 'ntegrity !ommission shall obtain declarations in writing from time to time of their assets, liabilities and income from Senators and members of the 8o"se ,incl"ding 3inisters and 9arliamentary Secretaries/ and from the holders of s"ch other offices as 9arliament may prescribe% There shall be s"ch provision as may be made by 9arliament in relation to the d"e performance by the !ommission of its f"nctions "nder this section, incl"ding its powers, privileges, imm"nities and proced"re and the sec"rity and confidentiality of the information it receives%
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12'- SUPREME LA,
This !onstit"tion is the s"preme law of Saint L"cia and, s"b<ect to the provisions of section 21, if any other law is inconsistent with this !onstit"tion, this !onstit"tion shall prevail and the other law shall, to the e=tent of the inconsistency, be void%
121- FUNCTIONS OF GOVERNOR GENERAL
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$ny reference in this !onstit"tion to the f"nctions of the 5overnor 5eneral shall be constr"ed as a reference to his or her powers and d"ties in the e=ercise of the e=ec"tive a"thority of Saint L"cia and to any other powers and d"ties conferred or imposed on him or her as 5overnor 5eneral by or "nder this !onstit"tion or any other law% 7here by this !onstit"tion the 5overnor 5eneral is re;"ired to perform any f"nction after cons"ltation with any person or a"thority he or she shall not be obliged to e=ercise that f"nction in accordance with the advice of that person or a"thority% 7here by this !onstit"tion the 5overnor 5eneral is re;"ired to perform any f"nction in accordance with the advice of, or after cons"ltation with, any person or a"thority, the ;"estion whether the 5overnor 5eneral has so e=ercised that f"nction shall not be en;"ired into in any co"rt of law%
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122- RESIGNATIONS
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$ Senator or a member of the 8o"se may resign his or her seat by writing "nder his or her hand addressed to the 9resident or
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the Spea?er, as the case may be, and the resignation shall ta?e effect, and the seat shall accordingly become vacant, when the writing is received, as the case may be, by& ,a/ the 9resident or Spea?er: ,b/ if the office of 9resident or Spea?er is vacant or the 9resident or Spea?er is for any reason "nable to perform the f"nctions of his or her office and no other person is performing them, the Dep"ty 9resident or Dep"ty Spea?er: or ,c/ if the office of Dep"ty 9resident or Dep"ty Spea?er is vacant or the Dep"ty 9resident or Dep"ty Spea?er is for any reason "nable to perform the f"nctions of his or her office and no other person is performing them, the !ler? of the Senate or !ler? of the 8o"se% ,2/ The 9resident or the Dep"ty 9resident or the Spea?er or the Dep"ty Spea?er may resign his or her office by writing "nder his or her hand addressed to the Senate or the 8o"se, as the case may be, and the resignation shall ta?e effect, and the office shall accordingly become vacant, when the writing is received, as the case may be, by the !ler? of the Senate or !ler? of the 8o"se% $ny person who has been appointed to an office established by this !onstit"tion ,other than an office to which s"bsection ,1/ or ,2/ applies/ or any office of 3inister established "nder this !onstit"tion may resign that office by writing "nder his or her hand addressed to the person or a"thority by whom he or she was appointed and the resignation shall ta?e effect, and the office shall accordingly become vacant& ,a/ at s"ch time or on s"ch date ,if any/ as may be specified in the writing: or ,b/ when the writing is received by the person or a"thority to whom it is addressed or by s"ch other person as may be a"thorised to receive it, whichever is the laterA 9rovided that the resignation may be withdrawn before it ta?es effect if the person or a"thority to whom the resignation is addressed consents to its withdrawal%
123- RE1APPOINTMENT AND CONCURRENT APPOINTMENTS
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7here any person has vacated any office established by this !onstit"tion or any office of 3inister established "nder this
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!onstit"tion, he or she may, if ;"alified, again be appointed or elected to hold that office in accordance with the provisions of this !onstit"tion% ,2/ 7here this !onstit"tion vests in any person or a"thority the power to ma?e any appointment to any office, a person may be appointed to that office, notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relin;"ishment of the office: and where 2 or more persons are holding the same office by reason of an appointment made in p"rs"ance of this s"bsection, then, for the p"rposes of any f"nction conferred "pon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office%
12!- INTERPRETATION
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'n this !onstit"tion, "nless the conte=t otherwise re;"ires& B$iti=enC means a citi6en of Saint L"cia and Bciti6enshipC shall be constr"ed accordingly: BCo..on:e08t+ $iti=enC has s"ch meaning as 9arliament may prescribe: Bdo8806sC means dollars in the c"rrency of Saint L"cia: B*in0n$i08 7e06C means any period of 12 months beginning on 1 Dan"ary in any year or s"ch other date as may be prescribed by law: Bt+e 'ove6n.entC means the 5overnment of Saint L"cia: Bt+e Ho5seC means the 8o"se of $ssembly: B80:C means any law in force in Saint L"cia or any part thereof, incl"ding any instr"ment having the force of law and any "nwritten r"le of law and Blawf"lC and Blawf"llyC shall be constr"ed accordingly: BMiniste6C means a 3inister of the 5overnment and incl"des a temporary 3inister: BP068i0.entC means the 9arliament of Saint L"cia: Bo0t+C incl"des affirmation: Bo0t+ o* 088e-i0n$eC means s"ch oath of allegiance as may be prescribed by law:
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Bo0t+ o* o**i$eC means, in relation to any office, s"ch oath for the d"e e=ec"tion of that office as may be prescribed by law: Bo0t+ o* se$6e$7C means s"ch oath of secrecy as may be prescribed by law: Bt+e Po8i$e Fo6$eC means the oyal Saint L"cia 9olice 0orce and incl"des any other police force established to s"cceed to the f"nctions of the oyal Saint L"cia 9olice 0orce: BP6esidentC and BDep"ty 9residentC mean the respective persons holding office as 9resident and Dep"ty 9resident of the Senate: B15;8i$ o**i$eC means any office of emol"ment in the p"blic service: B15;8i$ o**i$e6C means a person holding or acting in any p"blic office: Bt+e 15;8i$ se6vi$eC means, s"b<ect to the provisions of this section, the service in a civil capacity of the 5overnment: BsessionC means, in relation to the Senate or the 8o"se, the period beginning when it first meets after 9arliament has at any time been prorog"ed or dissolved and ending when 9arliament is prorog"ed or when 9arliament is dissolved witho"t having been prorog"ed: Bsittin-C means, in relation to the Senate or the 8o"se, the period d"ring which it is sitting contin"o"sly witho"t ad<o"rnment and incl"des any period d"ring which it is in committee: BS1e0>e6C and BDep"ty Spea?erC means the respective persons holding office as Spea?er and Dep"ty Spea?er of the 8o"se% ,2/ 'n this !onstit"tion references to an office in the p"blic service shall not be constr"ed as incl"ding& ,a/ references to the office of the 9resident or Dep"ty 9resident, the Spea?er or Dep"ty Spea?er, the 9rime 3inister or any other 3inister, a Senator, a 9arliamentary Secretary or a member of the 8o"se, the 9arliamentary !ommissioner or the Dep"ty 9arliamentary !ommissioner:
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references to the office of a member of any !ommission established by this !onstit"tion or a member of the $dvisory !ommittee on the 9rerogative of 3ercy or a member of the 9"blic Service Ioard of $ppeal: references to the office of <"dge or officer of the S"preme !o"rt: save in so far as may be provided by 9arliament, references to the office of a member of any other co"ncil, board, panel, committee or other similar body ,whether incorporated or not/ established by or "nder any law%
,3/
'n this !onstit"tion& ,a/ references to the S"preme !o"rt @rder incl"de references to any law in force in Saint L"cia altering that @rder: ,b/ references to the S"preme !o"rt, the !o"rt of $ppeal, the 8igh !o"rt and the D"dicial and Legal Services !ommission are references to the S"preme !o"rt, the !o"rt of $ppeal, the 8igh !o"rt and the D"dicial and Legal Services !ommission established by the S"preme !o"rt @rder: ,c/ references to the !hief D"stice have the same meaning as in the S"preme !o"rt @rder: ,d/ references to a <"dge of the S"preme !o"rt are references to a <"dge of the 8igh !o"rt or the !o"rt of $ppeal and, "nless the conte=t otherwise re;"ires, incl"de references to a <"dge of the former S"preme !o"rt of the 7indward 'slands and Leeward 'slands: and ,e/ references to officers of the S"preme !o"rt are references to the !hief egistrar and other officers of the S"preme !o"rt appointed "nder the S"preme !o"rt @rder% 'n this !onstit"tion Bthe specified ;"alificationsC means the professional ;"alifications specified by or "nder any law, one of which m"st be held by any person before he or she may apply "nder that law to be admitted to practice as a barrister or a solicitor in Saint L"cia% 0or the p"rposes of this !onstit"tion, a person shall not be regarded as holding an office by reason only of the fact that he or she is in receipt of a pension or other li?e allowance% 'n this !onstit"tion, "nless the conte=t otherwise re;"ires, a reference to the holder of an office by the term designating his
,2/
,4/
,6/
12*
C01. 1.01
Laws of Saint L"cia

or her office shall be constr"ed as incl"ding, to the e=tent of his or her a"thority, a reference to any person a"thorised to e=ercise the f"nctions of that office% ,)/ #=cept in the case where this !onstit"tion provides for the holder of any office there"nder to be s"ch person holding or acting in any other office as may be designated in that behalf by some other specified person or a"thority, no person may, witho"t his or her consent, be nominated for election to any s"ch office or be appointed to or to act therein or otherwise be selected therefor% eferences in this !onstit"tion to the power to remove a p"blic officer from his or her office shall be constr"ed as incl"ding references to any power conferred by any law to re;"ire or permit that officer to retire from the p"blic serviceA 9rovided that& ,a/ nothing in this s"bsection shall be constr"ed as conferring on any person or a"thority the power to re;"ire the Director of 9"blic 9rosec"tions, the Director of $"dit or the !hief #lections @fficer to retire from the p"blic service: and ,b/ any power conferred by any law to permit a person to retire from the p"blic service shall, in the case of any p"blic officer who may be removed from office by some person or a"thority other than a !ommission established by this !onstit"tion, vest in the 9"blic Service !ommission% ,(/ $ny provision in this !onstit"tion that vests in any person or a"thority the power to remove any p"blic officer from his or her office shall be witho"t pre<"dice to the power of any person or a"thority to abolish any office or to any law providing for the comp"lsory retirement of p"blic officers generally or any class of p"blic officer on attaining an age specified by or "nder the law%
,*/
,10/ 7here this !onstit"tion vests in any person or a"thority the power to appoint any person to act in or to e=ercise the f"nctions of any office if the holder thereof is himself or herself "nable to e=ercise those f"nctions, no s"ch appointment shall be called in ;"estion on the gro"nds that the holder of the office was not "nable to e=ercise those f"nctions%
Laws of Saint L"cia

C01. 1.01
12(
,11/ +o provision of this !onstit"tion that any person or a"thority shall not be s"b<ect to the direction or control of any other person or a"thority in the e=ercise of any f"nctions "nder this !onstit"tion shall be constr"ed as precl"ding a co"rt of law from e=ercising <"risdiction in relation to any ;"estion whether that person or a"thority has e=ercised those f"nctions in accordance with this !onstit"tion or any other law% ,12/ 7itho"t pre<"dice to the provisions of section 32,3/ of the 'nterpretation $ct 1**( of the -nited .ingdom ,as applied by s"bsection ,12//, where any power is conferred by this !onstit"tion to ma?e any order, reg"lation or r"le or give any direction or ma?e any designation, the power shall be constr"ed as incl"ding the power, e=ercisable in li?e manner and s"b<ect to the li?e conditions, if any, to amend or revo?e any s"ch order, reg"lation, r"le, direction, or designation% ,13/ 'n this !onstit"tion references to altering this !onstit"tion or any other law, or any provision thereof, incl"de references& ,a/ to revo?ing it, with or witho"t re>enactment thereof or the ma?ing of different provision in lie" 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 s"spending its operation for any period or terminating any s"ch s"spension% ,12/ The 'nterpretation $ct 1**( of the -nited .ingdom shall apply, with the necessary adaptations, for the p"rpose of interpreting this !onstit"tion and otherwise in relation thereto as it applies for the p"rpose of interpreting and in relation to $cts of the 9arliament of the -nited .ingdom%
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SCHE!ULE 1 TO THE CONSTITUTION

,Section 21/ $LT# $T'@+ @0 !@+ST'T-T'@+ $+D S-9 #3# !@- T @ D#
PART I
PROVISIONS OF CONSTITUTION REFERRED TO IN SECTION !1*2+ ,i/ !hapter ': ,ii/ sections 1(, 20 and 4(: ,iii/ sections 23, 22, 30, 33, 3), 3(, 20, 2), 2*, 2(, 40, 41, 42, 44, 46, 4), 4* and )3: ,iv/ !hapter J: ,v/ sections *4, *6, *), **, *(, (0, (1, (2, (3, (2, () and (*: ,vi/ !hapter J''': ,vii/ !hapter 'K: ,viii/ section 122 in its application to any of the provisions mentioned in this Sched"le: or ,i=/ Sched"le 2%
PART II
PROVISIONS OF THE SUPREME COURT ORDER REFERRED TO IN SECTION !1*2+ Sections 2, 4, 6, *, 11, 1* and 1(%

,Section 4*/ -L#S !@+!# +'+5 !@+ST'T-#+!'#S $ll constit"encies shall contain as nearly e;"al n"mbers of inhabitants as appears to the !onstit"ency Io"ndaries !ommission to be reasonably practicable b"t the !ommission may depart from this principle to s"ch e=tent as it considers
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131
e=pedient to ta?e acco"nt of the following factors, that is to say & ,a/ the density of pop"lation, and in partic"lar the need to ens"re the ade;"ate representation of sparsely pop"lated r"ral areas: ,b/ the means of comm"nication: ,c/ geographical feat"res: and ,d/ the bo"ndaries of administrative areas%

,Section 113/ 3$TT# S +@T S-ID#!T T@ '+J#ST'5$T'@+ IL 9$ L'$3#+T$ L !@33'SS'@+# 1% $ction ta?en in matters certified by the $ttorney 5eneral to affect relations or dealings between the 5overnment and the 5overnment of any co"ntry or territory other than Saint L"cia or any international organisation% $ction ta?en in any co"ntry or territory o"tside Saint L"cia by or on behalf of any officer representing or acting "nder the a"thority of the 5overnment% $ction ta?en "nder any law relating to e=tradition or f"gitive offenders% $ction ta?en for the p"rposes of investigating crime or of protecting the sec"rity of Saint L"cia% The commencement or cond"ct of civil or criminal proceedings before any co"rt of law having <"risdiction in Saint L"cia or before any international co"rt or trib"nal% $ny e=ercise of the prerogative of mercy% $ction ta?en in matters relating to contract"al or other commercial transactions, being transactions of a department of government or an a"thority to which section 112 applies b"t not being transactions for or relating to& ,a/ the ac;"isition of land comp"lsorily or in circ"mstances in which it co"ld be ac;"ired comp"lsorily:
2%
3% 2% 4%
6% )%
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,b/
the disposal as s"rpl"s of land ac;"ired comp"lsorily or in circ"mstances in which it co"ld have been ac;"ired comp"lsorily%
*%
$ction ta?en in respect of appointments or removals, pay, discipline, s"perann"ation or other personnel matters in relation to service in any office or employment in the p"blic service or "nder any a"thority as may be prescribed by law% $ny matter relating to any person who is or was a member of the armed forces of Saint L"cia in so far as the matter relates to & ,a/ the terms and conditions of his or her service as s"ch: or ,b/ any order, command, penalty or p"nishment given to or affecting him or her in his or her capacity as s"ch% $ny action which by virt"e of any provision of this !onstit"tion may not be en;"ired into by any co"rt of law%
(%
10%
Laws of Saint L"cia

%ouse of ssem!l" (+e'ie, of Constituenc" *oundar"$ Order
C01. 1.01 133
HOUSE OF ASSEMBLY REVIE OF CONSTITUENCY BOUN!ARIES OR!ER # SECTION %&

(St0t5to67 Inst65.ent 3(?1(/3"
!ommencement M30 +ovember 1()3N

78# #$S "nder s"bsection 2 of the !onstit"tion provision is made for the appointment of a Standing !ommittee of the 8o"se ,hereinafter referred to as the !ommittee/ for the p"rpose of ?eeping "nder review& ,a/ the n"mber of constit"encies into which Saint L"cia is divided: and ,b/ the bo"ndaries of s"ch constit"enciesA $+D 78# #$S "nder s"bsection 2 of section 2( of the !onstit"tion the !ommittee is f"rther charged with the responsibility of s"bmitting to the 8o"se a report of its recommendationsA $+D 78# #$S in accordance with s"bsection ,2/ of section 2( of the !onstit"tion the !ommittee on ( +ovember 1()3 s"bmitted to the 8o"se a report in which it recommends that Saint L"cia be divided into 1) constit"encies, the bo"ndaries of which are delineated in the Sched"le of the said eportA $+D 78# #$S it is 9rovided by s"bsection ,)/ of section 2( of the !onstit"tion that as soon as practicable after the s"bmission of any report the 3inister shall lay before the 8o"se for its approval a draft of an @rder to be made by the 5overnor for giving effect to the eport whether with or witho"t modifications to the recommendations contained in the reportA $+D 78# #$S a draft of this @rder giving effect to recommendations contained in the report of the !ommittee was laid before the 8o"se for its approval by the 3inister designated for this p"rpose on 30 +ovember 1()3 and was approved by resol"tion of the 8o"se on 30 +ovember 1()3A
1SHORT TITLE
This @rder may be cited as the 8o"se of $ssembly , eview of !onstit"ency Io"ndaries/ @rder%
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2-
NUM#ER OF CONSTITUENCIES
Saint L"cia is hereby divided into 1) constit"encies: the bo"ndaries whereof are defined in the Sched"le to this @rder%
3APPLICATION OF ORDER
$n electoral district as provided for by section 3 of the 8o"se of $ssembly #lections $ct shall mean a constit"ency as defined in this @rder%
SCHE!ULE
#L#!T@ $L D'ST '!TS 5 @S>'SL#T +@ T8 #$STA +@
T8A
!ommencing at !asimi 9oint and thence in a northerly and westerly direction along the east coast to point 8ardy% Thence in a westerly direction along the coast to !ap point% Thence in a so"therly direction along the coast and incl"ding B9igeon 9ointC to a point on !hoc Ieach% Thence in an easterly direction along the !astries&5ros>'slet 8ighway to its <"nction with the -nion oad thence along the -nion oad to the -nion Iridge, thence along the 5rand iviere oad to the eastern end of the straight and thence by a straight line to the most western bend of 3ornier oad% Thence in an easterly direction along the 3ornier oad to its most easterly bend and thence by a straight line to the point of commencement% 5 @S>'SL#T S@-T8
7#STA S@-T8A
+@
T8A
!ommencing at !asimi 9oint thence by a straight line to the most eastern bend of 3onier oad% Thence in a westerly direction along 3onier road to its most western bend, and thence by a straight line to the eastern end of the straight of the 5rand iviere oad thence to the -nion Iridge and thence along the -nion oad to its <"nction with the !astries&5ros> 'slet 8ighway and thence in a westerly direction along the
Laws of Saint L"cia

C01. 1.01 134
!astries&5ros>'slet 8ighway to !hoc Ieach% 7#STA S@-T8A Thence in a so"therly direction along !hoc Ieach and Jigie Ieach to the mo"th of La !lery avine% Thence along avine La !lery to its so"rce, thence by a straight line to the <"nction of the 3orne D"don&Ialata and Iocage> 3orne D"don oads, thence along the 3orne D"don&Ialata oads to the 5irard iver Iridge, thence in a so"th>easterly direction along the 5irard iver and avine 0ontellio to the <"nction of 5irard, 0ond !annie and 0ond $ssa" oads, thence by a straight line on a so"th>easterly direction to 9iton 0lore, thence in an easterly direction along the Da"phin&Dennery ;"arter bo"ndary to the mo"th of Lo"vet iver% Thence in a northerly direction along the coast to the point of commencement% !$ST '#S +@ T8 #$ST +@
T8A
#$STA
!ommencing at the mo"th of avine La !lery thence in a westerly direction along the coast to point 41 on Jigie 9enins"lar% Thence in a so"therly direction to DE#stress 9oint% Thence in a so"th>easterly direction along the said Jigie 9enins"lar and Tro" 5arnier to a point at the seashore and on the western prolongation of the so"thern bo"ndary of BSans So"cis DevelopmentC, thence in an easterly direction along the said bo"ndary and its prolongation to a point at the eastern edge of !alvary oad, thence in a so"therly direction along the said road to the bridge and thence in an easterly direction along !anal de la 9ansee to a point on the right ban? of the said !anal and at a distance of 160 0rench feet from the !ha"ssee% Thence in a so"th>westerly direction along a line r"nning parallel to the !ha"ssee and at a distance of 160 0rench feet from the said !ha"ssee to a point on Leslie Land oad% Thence in a so"th>easterly direction along the said Leslie Land oad and 5irard oad to the Iocage&3orne D"don oad% Thence along the said Iocage&3orne D"don oad to its <"nction with the 3orne D"don&Ialata oad, thence by a straight line to the so"rce of avine La !lery and thence along
7#STA S@-T8A
7#STA
S@-T8A #$STA
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the said avine La !lery to the point of commencement% !$ST '#S #$ST 7#STA !ommencing at a point on the so"thern side of the Iridge over the !astries iver at the prolongation of 3anoel Street thence in a so"therly direction along the eastern side of the lin? road leading from 3orne oad, thence in a so"therly and westerly direction along the eastern side of the said 3orne oad to !ombomere oad and thence in a so"th>westerly direction along the said !ombomere oad to ed Tape Lane% Thence in an easterly direction along the northern side of the said ed Tape Lane to the eastern side of oberts oads thence in a so"th>easterly direction along the said road to Jictoria oad thence in an easterly direction along the northern side of the said Jictoria oad and 5"esnea" oad to the 0ond !annie oad and thence in a north>easterly direction along the western side of the 0ond !annie oad to the <"nction of the 0ond !annie, 0ond $ssa" and Iabonnea" oad% Thence by a straight line in a north>westerly direction to the so"rce of avine 0ontellio, thence along the said avine and the 5irard iver to the bridge on the 3orne D"don&Ialata oad and thence in a westerly direction along the said road to the 3orne D"don&Iocage oad% Thence along the said road to 5irard oad% Thence in a north>westerly direction along the 5irard and Leslie Land oads to a point lying on a line r"nning parallel to the !ha"ssee and 160 0rench feet therefrom% Thence in a so"th>westerly direction along the said line to the 3archand Iridge% Thence along the northern side of the !astries iver to the point of commencement% !$ST '#S !#+T $L +@
T8A
S@-T8A
+@
T8A
7#STA +@
T8A
7#STA +@
T8A
!ommencing at a point on the right ban? of !anal de La 9ansee and at a distance of 160 0rench feet from the !ha"ssee thence in a westerly direction along the said !anal to the bridge, thence in a north>westerly direction along the western edge of !alvary oad to a point on the eastern prolongation of the so"thern
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C01. 1.01 13)
bo"ndary of BSans So"cis DevelopmentC and thence along the said prolongation and the so"thern bo"ndary of BSans So"cis DevelopmentC to a point at the seashore% 7#STA Thence along the eclamation 7harf to the mo"th of the 9arris Drain and thence along the shore and the p"blic 7harves to the mo"th of the !astries iver% Thence along the said iver to the 3archand Iridge% Thence in a north>easterly direction along a line r"nning parallel to the !ha"ssee and at a distance of 160 0rench feet therefrom to the point of commencement% !$ST '#S S@-T8 +@
T8A
S@-T8A #$STA
Ieginning at the Iridge over the !astries iver on the prolongation of 3anoel Street then westerly along the !astries iver to the river mo"th thence north>westerly along the coast to Tapion 9oint% Thence so"therly along the coast to the mo"th of the iver% Thence westerly along the osea" iver to osea" Iridge% Thence north>easterly along the main road from !astries bac? to the point of beginning% $+S#>L$> $L#1!$+$ '#S osea" to osea"
7#STA S@-T8A #$STA
7#STA
Ieginning at a point being the intersection of the so"thern ban? of the osea" iver with osea" Iay thence in a so"th>westerly direction along the coast to the mo"th of the 3aha"t iver%
S@-T8, #$ST O +@ T8A Thence in an easterly direction along the 3aha"t iver thence easterly across the !anaries&So"friere main road and the avine D"val oad to the $nse>la> aye P"arter Io"ndary thence along the vario"s co"rses of the said $nse>la> aye P"arter Io"ndary bac? to the point of commencement% S@-0 '# # 7#STA Ieginning at the mo"th of the 3aha"t iver thence along the coast in a so"therly direction to the mo"th of the LE'vrogne iver%
13*
C01. 1.01
Laws of Saint L"cia

S@-T8A
Thence in a north>easterly direction along the So"friere& !hoise"l ;"arter bo"ndary to its intersection with the -nion Jale>St% emy oad thence northerly along the St% emy oad to its <"nction with the !hoise"l&So"friere main road thence easterly along the !hoise"l&So"friere main road to its <"nction with the 3orne Ionin&0ond St% Dac;"es oad% Thence northerly along the 3orne Ionin&0ond St% Dac;"es oad to the <"nction of Iois DE'nde oad and 3orne Ionin& 0ond St% Dac;"es oad, thence along Iois DE'nde oad to its termin"s, thence north>westerly along a trac? passing west of #sperance #state to 3igney iver, thence northward along 3igney iver to its intersection with the 0ond St% Dac;"es&La 9erle oad to its intersection with avine Toraille, thence north> easterly along avine Toraille to its so"rce thence in a straight line to the intersection of avine Desraches with the So"friere& $nse>la> aye ;"arter bo"ndary thence along the said ;"arter bo"ndary to a point where the !anaries iver <oins to the said ;"arter bo"ndary% Thence westerly along the said ;"arter bo"ndary to the intersection of avine !laire with the !anaries iver thence westerly across the avine D"val oad and the !anaries& So"friere main road to the so"rce of the 3aha"t iver thence westerly along the 3aha"t iver to the point of beginning% !8@'S#-L
#$STA
+@
T8A
S@-T8A
!ommencing at the mo"th of the LE'vrogne iver thence in a so"th>easterly direction along the coast of the mo"th of the Doree iver% Thence in a north>easterly direction along the Doree iver to a part where it leaves the !hoise"l&Laborie ;"arter bo"ndary thence north>westerly and north>easterly along the !hoise"l& Jie"=>0ort ;"arter bo"ndary thence so"th>easterly along the Jie"=>0ort>So"friere ;"arter bo"ndary to its intersection with the 3ico"d ;"arter bo"ndary thence north>easterly and north> westerly along the So"friere ;"arter bo"ndary to its intersection with the osea" iver% Thence so"th>westerly and north>westerly along the So"friere ;"arter bo"ndary to its intersection with avine Desraches% Thence so"th>westerly in a straight line to the so"rce of avine
#$STA
+@
T8A
7#STA
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C01. 1.01 13(
Toraille, thence so"th>westerly along avine Toraille to its intersection with the 0ond St% Dac;"es&3orne Ionin oad, thence so"thward along the 3igney iver to a trac?, thence along the trac? passing west of #sperance #state to Iois DE'nde road, thence along Iois DE'nde road to the <"nction of Iois DE'nde oad and #tang&0ond St% Dac;"es road: thence westerly along the So"friere&!hoise"l main road to its intersection with the St% emy&-nion Jale oad thence so"therly along the St% emy oad to its intersection with the So"friere&!hoise"l ;"arter bo"ndary thence so"th>westerly along the said ;"arter bo"ndary to the point of commencement% L$I@ '# +@
T8A
!ommencing at the <"nction of the 3ico"d&Jie"=>0ort ;"arter bo"ndary thence north>westerly along the !hoise"l&Jie"=>0ort ;"arter bo"ndary to the <"nction of !hoise"l&Laborie ;"arter bo"ndary% Thence in a so"th>westerly direction along the !hoise"l& Laborie ;"arter bo"ndary to the mo"th of Doree iver% Thence so"th>easterly along the coast to the mo"th of the Ilac? Iay iver% Thence along avine Lang"edoc to its so"rce thence in a north> easterly direction by a straight line to the second bend of avine o6ette north St% D"deEs 8ospital thence in a northerly direction along avine o6ette to its so"rce, thence north>easterly by a straight line the 5race Ielle J"e oad <"nction, thence in a north>westerly and northerly direction to the most north>easterly point on the 5race 7oodlands oads thence in a north>westerly direction to and along the 5rande iviere d" Jie"=>0ort to the point of commencement% J'#-K>0@ T S@-T8
7#STA S@-T8A #$STA
+@
T8A
!ommencing at the mo"th of the St% -rbain iver thence along the said iver to the St% -rbain Iridge, thence along the 3ico"d &Jie"=>0ort oad to the <"nction of the old 3ico"d&Jie"=> 0ort oad and the Ieane 0ield oad thence in an easterly direction by a straight line to the intersection of avine o6ette and eso"rce oad, thence northward along avine o6ette and eso"rce oad, thence northward along avine o6ette to the second bend of the avine north of St% D"deEs 8ospital thence in
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a westerly direction by a straight line to the so"rce of Lang"edoc% 7#STA Thence so"thward along avine Lang"edoc to the mo"th%
avine
S@-T8 O #$STA Thence along the coast to the point of commencement% J'#-K>0@ T +@ T8 +@
T8A
!ommencing at the mo"th of the !anelles iver thence along the said iver to its intersection with the Jie"=>0ort&3ico"d ;"arter bo"ndary, thence in a north>westerly direction along the said ;"arter bo"ndary to the <"nction of So"friere&3ico"d ;"arter bo"ndary% Thence so"thward by straight line to the so"rce of the 5rande iviere D" Jie"=>0ort, thence along the said iver to 7oodlands thence so"th and along the 5race&7oodlands oad in a so"therly direction to the <"nction of 5race&Ielle J"e oad, thence so"th>westerly by a straight line to the so"rce of avine o6ette, thence along the said avine o6ette to its intersection with the eso"rce oad% Thence easterly by a straight line to the <"nction of the Ieane 0ield oad and the old 3ico"d&Jie"=>0ort oad, thence along the 3ico"d&Jie"=>0ort oad in a north>easterly direction to the St% -rbain Iridge thence in a so"th>easterly direction along avine St% -rbain to the coast% Thence in a northerly direction along the coast to the point of commencement% 3'!@-D S@-T8
7#STA
S@-T8A
#$STA
+@
T8A
Ieginning at the mo"th of the iviere des Trois 'slets thence westerly along the said iviere des Trois 'slets to its so"rce thence so"th westerly to the intersection of the 9raslin iver with the first of its so"thern trib"taries thence north>westerly along the said 9raslin iver to its so"rce thence northerly by the shortest distance to the Dennery 9raslin ;"arter bo"ndary% Thence so"th westerly along the Dennery&9raslin ;"arter bo"ndary to the intersection of the Dennery&9raslin and !astries ;"arter bo"ndaries thence so"th>westerly along the !astries&9raslin ;"arter bo"ndary to the intersection of the !astries&So"friere&9raslin ;"arter bo"ndaries thence so"th>
7#STA
Laws of Saint L"cia

C01. 1.01 121
easterly along the So"friere&3ico"d ;"arter bo"ndary to its intersection with the Tro"massee iver% S@-T8A #$STA Thence so"th>easterly along the Tro"massee iver to the !oast% Thence in a northerly direction along the coast bac? to the point of beginning% 3'!@-D +@ T8 +@
T8A
Ieginning at the mo"th of the Lo"vet iver being the north> eastern corner of the Dennery ;"arter bo"ndary thence in a westerly direction along the said Dennery ;"arter bo"ndary to 9iton 0lore% Thence in a so"th>westerly direction along the said Dennery ;"arter bo"ndary to its most so"therly point% Thence in a north>easterly direction along the said Dennery ;"arter bo"ndary to a point being the shortest distance to the so"rce of the 9raslin iver thence so"th>easterly along the said 9raslin iver to its intersection with the last of its so"thern trib"taries thence westerly to the so"rce of iviere des Trois 'slets thence easterly along the said iviere des Trois 'slets to the river mo"th% Thence northerly along the coast bac? to the point of beginning% D#++# L S@-T8
7#STA S@-T8A
#$STA
+@
T8A
!ommencing at the mo"th of the 5rande iviere D"3abo"ya thence along the said iver to its second trib"tary ,co"nting westward from the sea/, thence along the said trib"tary to its so"rce thence in a so"therly direction by a straight line to 5lavier thence in a westerly direction along the Iois Doly oad to its termin"s thence by a straight line to the most eastern bend of the St% Doseph oad, thence in a so"th>westerly direction along the said St% Doseph oad to the ne=t prominent bend thence by a straight line in a westerly direction to 3o"nt La !ombe% Thence along Iarre DE'sle idge in a so"therly direction to the <"nction of the Dennery&9raslin ;"arter bo"ndary% Thence along the said ;"arter bo"ndary to the so"rce of the 9raslin iver thence along the said 9raslin iver to its mo"th% Thence in a northerly direction along the coast to the point of
7#STA S@-T8A #$STA
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commencement% D#++# L +@ T8 +@
T8A
!ommencing at a point on the mo"th of the Lo"vet iver thence along the Lo"vet iver and the Dennery&Da"phin ;"arter bo"ndary to 9iton 0lore% Thence in a so"therly direction along the Iarre DE'sle Iridge to 3o"nt La !ombe% Thence by a straight line in an easterly direction to the most western bend of the St% Doseph oad, thence in a north>easterly direction along the St% Doseph oad to the ne=t prominent bend thence in an easterly direction along a straight line to the termin"s of the Iois Dolly oad, thence along Iois Dolly oad to 5lavier, thence by a straight line in a northerly direction to the so"rce of the second trib"tary of the 5rand iviere D"3abo"ya to its mo"th% Thence in a northerly direction along the coast to the point of commencement% !$ST '#S S@-T8 #$ST
7#STA S@-T8A
#$STA
+@
T8A
!ommencing at a point on 9iton 0lore thence along the 0orrestiere&Derriere 0ort oad to its intersection with the 3ain oad from !astries to osea"% Thence so"th>westerly along the !astries& osea" 3ain oad to its intersection with the osea" iver, thence so"th>easterly along the osea" iver to its intersection with the So"friere and $nse>la> aye ;"arter bo"ndary% Thence so"th>easterly along the So"friere&!astries ;"arter bo"ndary to the !astries&9raslin ;"arter bo"ndary% Thence along the Iarre De LE'sle commencement% idge to the point of
7#STA
S@-T8A #$STA
Laws of Saint L"cia

C01. 1.01 123
HOUSE OF ASSEMBLY (REVIE OF CONSTITUENCY BOUN!ARY" OR!ER # SECTION %&

(St0t5to67 Inst65.ent (?1(&/"
!ommencement M11 3arch 1(*)N

78# #$S "nder section 4*,1/ of the Saint L"cia !onstit"tion @rder 1()* of the -nited .ingdom it is provided inter alia that the !onstit"ency Io"ndaries !ommission ,hereinafter referred to as the !ommission/ shall review the n"mber and bo"ndaries of the constit"encies into which Saint L"cia is divided: $+D 78# #$S "nder the said s"bsection the !ommission is f"rther charged with the responsibility of s"bmitting to the 5overnor 5eneral a report of its recommendations: $+D 78# #$S it is provided by section 4*,3/ of the !onstit"tion that as soon as practicable after the s"bmission of a report by the !ommission the 5overnor 5eneral shall ma?e a draft @rder for giving effect, whether with or witho"t modifications, to the recommendations contained in the report: $+D 78# #$S a draft of this @rder giving effect to the recommendations contained in the report of the !ommittee was laid before the 8o"se for its approval by the 3inister designated for this p"rpose on 3 0ebr"ary 1(*) and was approved by resol"tion of the 8o"se on 3 0ebr"ary 1(*):
1SHORT TITLE
This @rder may be cited as the 8o"se of $ssembly , eview of !onstit"ency Io"ndary/ @rder 1(*)%
2REVIE, OF CONSTITUENC" #OUNDARIES
The bo"ndaries of the electoral districts of BSo"friereC, B!hoise"l > 0ond St% Dac;"esC, and BLaborie > Saltib"sC have been reviewed and the bo"ndaries defined in the Sched"le are s"bstit"ted therefor%
SCHE!ULE
#L#!T@ $L D'ST '!TS
122
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S@-0 '# # 7estA !ommencing at the mo"th of the 3aha"t iver, thence along the coast in a so"therly direction to the mo"th of the LE'vronge iver% Thence in a north>easterly direction along the said river to its intersection with the -nion Jale & St% emy oad, thence along the said road to its <"nction with the !hoise"l & So"friere main road and thence along the said main road to the #tangs & 0ond St% Dac;"es oad% Thence north>easterly and so"th>easterly along the #tangs & Iea"se<o"r oad to its intersection with the So"friere & !hoise"l ;"arter bo"ndary, thence in a north>easterly direction along the said So"friere & !hoise"l ;"arter bo"ndary to its intersection with the !hoise"l & Jie"=>0ort ;"arter bo"ndary, thence so"th>easterly along the So"friere & Jie"=>0ort ;"arter bo"ndary to its intersection with the So"friere & 3ico"d ;"arter bo"ndary, thence north>easterly and north>westerly along the said 3ico"d & So"friere ;"arter bo"ndary to its intersection with the osea" iver% Thence north>westerly and westerly along the said ;"arter bo"ndary to the intersection of avine !laire with the !anaries iver, thence westerly across the avine D"val and the !anaries & So"friere main road to the 3aha"t iver, thence westerly along the 3aha"t iver to the point of commencement% !8@'S#-L So"thA !ommencing at the mo"th of the LE'vronge iver, thence in a so"th>easterly direction along the coast to the mo"th of the 9iaye iver% Thence in a north>easterly direction along the 9iaye iver to a point where it intersects the Daban & 7arwic? oad, thence along the said road to its intersection with the Jie"=>0ort & Laborie ;"arter bo"ndary to its intersection with the !hoise"l & Jie"=>0ort ;"arter bo"ndary, thence north>easterly and north> westerly along the said !hoise"l & Jie"=>0ort ;"arter bo"ndary to its intersection with the !hoise"l & So"friere ;"arter bo"ndary% Thence north>westerly along the !hoise"l & So"friere ;"arter
So"thA
#astA
+orthA
#astA
+orthA
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bo"ndary to its intersection with the 3otet & Iea"se<o"r oad, thence in a so"th>westerly direction along the #tangs & Iea"se<o"r oad to its intersection with the St% emy oad% 7estA Thence along the St% emy & -nion Jale oad to its intersection with the LE'vronge iver and thence in a so"th> westerly direction along the said LE'vronge iver to the point of commencement% L$I@ '# +orthA !ommencing at the <"nction of the 3ico"d & Jie"=>0ort ;"arter bo"ndary, thence north>westerly along the So"friere & Jie"=>0ort ;"arter bo"ndary to the <"nction of the !hoise"l & Jie"=>0ort ;"arter bo"ndary% Thence so"th>easterly along the !hoise"l & Jie"=>0ort ;"arter bo"ndary to the point where it intersects the Laborie & Jie"=> 0ort ;"arter bo"ndary, thence along the said Laborie & Jie"=> 0ort ;"arter bo"ndary to its intersection with the 7arwic? & Daban oad, thence so"th>westerly along the said 7arwic? & Daban oad to its intersection with the 9iaye river, thence so"therly along the 9iaye iver to the mo"th of the said 9iaye iver% Thence so"th>easterly along the coast to the mo"th of the Ilac? Iay iver%
7estA
So"thA
Laws of Saint L"cia

C01. 1.01 12)
HOUSE OF ASSEMBLY (REVIE OF CONSTITUENCY" OR!ER # SECTION %&

(St0t5to67 inst65.ent %1?4001"
!ommencement M12 +ovember 2001N

78# #$S "nder section 4*,1/ of the Saint L"cia !onstit"tion @rder 1()* of the -nited .ingdom it is provided inter alia that the !onstit"ency Io"ndaries !ommission ,hereinafter referred to as the !ommission/ shall review the n"mber and bo"ndaries of the constit"encies into which Saint L"cia is divided: $+D 78# #$S "nder the said s"bsection the !ommission is f"rther charged with the responsibility of s"bmitting to the 5overnor 5eneral a report of its recommendations: $+D 78# #$S it is provided by section 4*,3/ of the !onstit"tion that as soon as practical after the s"bmission of a report by the !ommission the 5overnor 5eneral shall ma?e a draft @rder for giving effect, whether with or witho"t modifications, to the recommendations contained in the report: $+D 78# #$S a draft of this @rder giving effect to the recommendations contained in the report of the !ommittee was laid before the 8o"se for its approval by the 3inister designated for this p"rpose on 20 3arch 2001 and was approved with modifications by esol"tion of the 8o"se on 20 3arch 2001:
1SHORT TITLE
This @rder may be cited as the 8o"se of $ssembly , eview of !onstit"ency Io"ndary/ @rder%
3REVIE, OF CONSTITUENC" #OUNDARIES
The bo"ndaries of the electoral districts of ,a/ !astries !entral ,b/ !astries +orth>#ast ,c/ !astries +orth>7est1Iabonnea": ,d/ !astries #ast:
12*
C01. 1.01
Laws of Saint L"cia

,e/ ,f/ ,g/ ,h/
Jie"= 0ort So"th: Jie"=>0ort +orth: Dennery So"th: Dennery +orth
have been reviewed and the bo"ndaries defined in the Sched"le are s"bstit"ted therefor%
Laws of Saint L"cia

C01. 1.01 12(
SCHE!ULE
#L#!T@ $L D'ST '!TS !$ST '#S !#+T $L +orthA !ommencing at the <"nction of LE$nse oad and Dohn !ompton 8ighway, thence in a westerly direction following the highway to its end at 9ointe St% Jictor% Thence from 9ointe St% Jictor following the coast along 9etit !arenage, westerly then easterly along 9ointe Seraphine% Thence following the coast of Tro" 5amier, the reclamation wharf to the mo"th of the 9arris drain and thence along the shore of the 9ort $"thority wharves to the mo"th of the !astries iver% Thence along the !astries iver to the 3archand Iridge% Thence contin"ing along the !astries iver to its lin? with a wide drain which "nderpasses at a bridge on the 7ater 7or?s oad% Thence from the said bridge at 7ater 7or?s oad to a wide drain leading to a footpath and thence to !edars oad% Thence in a westerly direction to a point where a drain between Lastic 8ill and the St% DosephEs !onvent meets with !edars oad% Thence along the said drain to the point where it meets the Iois 9atat oad% Thence in a westerly direction along the said road to the 3orne Do"don oad% Thence in an easterly direction along the 3orne Do"don oad to its intersection with the 3orne Do"don >La 9ensee oad% Thence t"rning left in a westerly direction onto the La 9ensee oad and t"rning into an "nnamed oad at the third sharp bend on the said road% Thence along the "nnamed road to its end% Thence to an imagidary line to the so"rce of a ravine leading to the Jide Io"teille oad% Thence along the said Jide Io"teille oad in a westerly direction to the point where LE$nse oad intersects with it% Thence along the said road in a northerly direction to the point of commencement at the Dohn !ompton 8ighway% CASTRIES NORTH +orthA !ommencing at 5rand iviere oad <"nction with $llan Io"s;"et 8ighway% Thence along the $llan Io"s;"et 8ighway to its <"nction with the !astries Q 5ros 'slet 8ighway%
7estA
So"thA
#astA
140
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Thence in a northerly direction along the said highway to the !hoc Iridge% Thence along the !hoc iver in a westerly direction to its mo"th% Thence along the !hoc beach coast in a so"th>westerly direction to Jigie beach% 7estA Thence .iwanis beach, thence along the coast in a northerly then westerly direction to DE#strees 9oint% Thence along the coast to 9ointe St% Jictor% Thence along the $irport 8ighway to its <"nction with Dohn !ompton 8ighway% Thence in a north easterly direction along the said highway to its <"nction with LE$nse oad% Thence along LE$nse oad to its <"nction with the Jide Io"teille>!alvary oad% Thence in an easterly direction along the said road to a point at the second sharp bend, where a ravine meets the Jide Io"teille oad% Thence along the ravine to its so"rce% Thence an imaginary line to an "nnamed road at La 9ensee% Thence along this "nnamed road to the La 9ensee main road% Thence in a north easterly direction along the said road to its lin? with the La 9ensee> 3ome Do"don road% Thence along the said road to its lin? with the 3ome Do"don main road% Thence descending the said road in a westerly direction to the second access road to Iois 9atat% Thence along the Iois 9atat oad to a point where a ravine lin?s with it% Thence along the said ravine between Lastic 8ill and the St% DosephEs !onvent to !edars oad% Thence along the said road to a footpath 12 yards from the St% DosephEs !onvent oad% Thence along the said footpath to a wide drain "nderpassing a bridge at the 7aterwor?s oad, 40 yards from the #ntrepot Schools% So"thA Thence along the 7aterwor?s oad to a trib"tary from the !astries iver at the intersection of S"nbilt, Iocage and !habot% Thence along the said trib"tory in a north easterly direction to its so"rce%
Laws of Saint L"cia

C01. 1.01 141
Thence an imaginary line from the so"rce to the <"nction of Iocage Q 3orne Do"don and Ialata Q Iocage oads% Thence from the <"nction an imaginary line to the so"rce of a trib"tary lin?ing the 5irard iver% Thence along the 5irard iver to a bridge at the 3orne Do"don> Ialata oad% #astA Thence contin"ing along the river in a northerly direction to the -nion $gric"lt"ral Station bridge% Thence along the road of the -nion $gric"lt"ral Station to the $llan Io"s;"et 8ighway and the point of commencement% BABONNEAU +orthA !ommencing at the !assimi 9oint, thence by a straight line to the most eastern bend of the 3onier oad% Thence in a westerly direction along 3onier oad to its most western bend, and thence by a straight line to the eastern bend of the straight of the 5rand iviere oad to its <"nction with the $llan Io"s;"et 8ighway% Thence in a so"therly direction along the $llan Io"s;"et 8ighway to the point where the -nion $gric"lt"ral Station oad meets it% Thence along the said road to the bridge% Thence along the 5irard iver, to the Ialata>3orne Do"don oad Iridge, thence along the said river to the bridge at the Iocage>5irard oad% Thence along the 5irard iver to its so"rce at the base of the 5"esnea">0ond !annie oad, 100 yards before the first bend of the said road% So"thA Thence northeasterly along the 5"esnea">0ond !annie oad to the <"nction with the 0ond !acao oad, thence along the 0ond !acao oad to its end% Thence in a straight imaginary line in a so"th>easterly direction to 9iton 0lore, thence in an #asterly direction along the Da"phin>Dennery P"arter bo"ndary to the mo"th of the Lo"vet iver% Thence in a northerly direction along the coast to the point of commencement% CASTRIES EAST 7estA !ommencing at a point on the so"thern side of the Iridge over the !astries iver at the 9rolongation at 3anoel Street, thence
7estA
#astA
142
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in a so"therly direction along the !astries side of the lin? road leading from 3orne oad, thence in a so"therly and westerly direction along the !astries side of the said 3orne oad to !ombermere oad and thence in a so"therly direction along the said !ombermere oad to ed Tape Lane% So"thA Thence in an easterly direction along the northern side of oberts oad% Thence in a so"theasterly direction along the said road to Jictoria oad% Thence in an easterly direction along the northern side of the said Jictoria oad and 5"esnea" oads to the 5"esnea">0ond !annie oad% Thence at appro=imately 100 yards before the first bend on the 5"esnea">0ond !annie oad, a straight line in a northerly direction to a so"rce of a trib"tary of the 5irard iver% Thence along the 5irard iver to the point where it meets the Iocage> 5irard oad% Thence contin"ing along the 5irard iver to a point where it lin?s with a trib"tary coming from the top of 3orne Do"don% Thence along the said trib"tary to its so"rce% Thence a straight imaginary line to the <"nction of Iocage, 3orne Do"don and Ialata>Iocage oads% Thence from the said <"nctions a straight imaginary line in a so"th westerly direction to the so"rce of a trib"tary intersecting with the !astries iver% Thence along the said trib"tary to its "nderpass at the 7ater 7or?s oad before its intersection with the !astries iver% Thence following the 7ater 7or?s oad to a bridge abo"t 40 yards after the #ntrepot Schools% Thence from the said bridge to a wide drain lin?ing with the !astries iver% Thence along the said river to the !astries Iridge and contin"ing to the point of commencement% VIEU@AFORT SOUTH +orthA !ommencing at the mo"th of avine St% -rbain, thence along the said avine to St% -rbain Iridge, thence along the 3ico"d1Jie"=>0ort 8igh road to the <"nctiop of the old 3ico"d1Jie"=>0ort 8igh oad and the Ieane 0ield oad% Thence in a westerly direction by a straight line to the intersection of avine o6ette and La eso"rce oad% Thence northward along avine o6ette to its intersection at a bridge on the $"gier oad% Thence along the said road to its <"nction with the St% D"de
#astA
+orthA
Laws of Saint L"cia

C01. 1.01 143
8ospital oad% Thence in a northwesterly direction along the said road to its <"nction with the $"gier 3ain oad and the $"gier1St% D"de oad% Thence along the $"gier 3ain oad to a bridge% Thence in a so"therly direction along a gorge to Lang"edoc iver% 7estA So"th #astA Thence so"thward along avine Lang"edoc to its mo"th% Thence along the coast to the point of commencement% VIEU@AFORT NORTH +orthA !ommencing at the mo"th of the !anelles iver, thence along the said river to its intersection with the Jie"= 0ort13ico"d ;"arter bo"ndaries% Thence in a northwesterly direction along the said ;"arter bo"ndary to the <"nction of So"friere13ico"d ;"arter bo"ndary% Thence so"thward by a straight line to the so"rce of the 5rande iviere D" Jie"= 0ort, thence along the said river to 7oodlands, thence so"th and along the 5race17oodlands oad in a so"therly direction to the road <"nction at 5race, thence so"thwesterly by a straight line to the so"rce at avine o6ette% Thence along the said avine to its intersection with $"brier oad Iridge, thence contin"ing along the avine to the La eso"rce oad% Thence easterly by a straight line to the <"nction of the Ieane 0ield oad and the old 3ico"d1Jie"= 0ort oad in a northern easterly direction to the St% -rbain Iridge and thence in a so"theasterly direction along avine St% -rbain to its mo"th% Thence in a northerly direction along the coast to the point of commencement% !ENNERY SOUTH +orthA !ommencing at Tro" !adet point, thence westerly along the $" Leon1Lo"vet oad to a point before the first prono"nced bend, thence a straight line in a so"therly direction to the so"rce of a ravine between L"miere and La 9elle% Thence along the ravine to its intersection with the La 9elle1L"miere oad% Thence along the said road in a so"thwesterly direction to its <"nction with La esso"rce1 $" Leon oads% Thence so"therly along the La
7estA
So"thA
#astA
142
C01. 1.01
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esso"rce 3ain oad to its <"nction with the #ast !oast oad% Thence along the #ast !oast oad, in a so"therly direction to a bridge% Thence along the 5rande iviere D" 3abo"ya to its second trib"tary% Thence along the said trib"tary to its so"rce, thence in a so"therly direction by a straight line to 5lavier, thence in a westerly direction along the said St% Doseph oad and the ne=t prominent bend and thence by a straight line in a westerly direction to 3o"nt La !ombe% 7estA So"thA Thence along Iarre De LE'sle idge in a so"therly direction to the <"nction of the Dennery19raslin ;"arter bo"ndary% Thence along the said ;"arter bo"ndary to the so"rce of its second tribit"ary, thence by a straight line to the so"rce of iviere Des Trois 'slets to its mo"th% Thence in a northerly direction along the coast to the point of commencement% !ENNERY NORTH +orthA !ommencing at a point on the mo"th of the Lo"vet iver, thence along the Lo"vet iver and the Dennery1Da"phin ;"arter bo"ndary to 9iton 0lore% Thence in a so"therly direction along the Iarre De LE'sle idge to 3o"nt La !ombe% Thence by a straight line in an easterly direction to the most western bend of the St% Doseph oad, thence in a northeasterly direction along the St% Doseph oad to the ne=t prominent bend, thence in a easterly direction along a straight line to the termin"s of the Iois Doli oad% Thence along Iois Doli oad to 5lavier, thence by a straight line in a northerly direction to the so"rce of the second trib"tary of the 5rande iviere D" 3abo"ya% Thence along the said trib"tary of the 3abo"ya iviere to the bridge at the #ast !oast oad% Thence along the said road to its <"nction with the La esso"rce 3ain oad% Thence along the said road to its <"nction with the La 9elle1L"miere oad% Thence along the said road to the bridge at the third trib"tary, between La 9elle and L"miere% Thence along the trib"tary of its so"rce% Thence a straight line in a northerly direction to a point before the first prominent bend on the $" Leon1Lo"vet oad% Thence along the said road to Tro" !adet 9oint% Thence along the coast to the point of
#astA
7estA So"thA
#astA
Laws of Saint L"cia

C01. 1.01 144
commencement%
Laws of Saint L"cia

Pu!lic Ser'ice *oard of ppeal +egulations
C01. 1.01
14)
PUBLIC SERVICE BOAR! OF APPEAL RE'ULATIONS
ARRANGEMENT OF REGULATIONS Re2345tion

1. Fundamental rights and freedoms.........................................................................12 2. Protection of right to life.........................................................................................12 3. Protection of right to personal liberty.....................................................................13 4. Protection from slavery and forced labour.............................................................16 5. Protection from inhuman treatment.......................................................................16 6. Protection from deprivation of property.................................................................16 7. Protection from arbitrary search or entry...............................................................2 !. Provisions to secure protection of la"...................................................................21 #. Protection of freedom of conscience.....................................................................24 1 . Protection of freedom of e$pression....................................................................25 11. Protection of freedom of assembly and association............................................26 12. Protection of freedom of movement....................................................................26 13. Protection from discrimination on the grounds of race% etc.................................2! 14. &mergency po"ers..............................................................................................3 15. Protection of persons detained under emergency la"s......................................3 16. &nforcement of protective provisions..................................................................31 17. 'eclaration of emergency...................................................................................33 1!. (nterpretation and savings...................................................................................34 1#. &stablishment of office........................................................................................35 2 . )cting *overnor *eneral.....................................................................................35 21. +aths 36 22. 'eputy to *overnor *eneral...............................................................................36
PART 1
37
23. &stablishment......................................................................................................37 24. ,omposition........................................................................................................37 25. /ualifications.......................................................................................................3! 26. 'is0ualifications..................................................................................................3! 27. -enure of office...................................................................................................4 2!. (nability................................................................................................................ 41 2#. President and 'eputy President..........................................................................42 3 . ,omposition........................................................................................................43 31. /ualifications for election....................................................................................44 32. 'is0ualifications for election................................................................................44 33. &lections..............................................................................................................46 34. -enure of office...................................................................................................47 35. .pea2er...............................................................................................................4! 36. 'eputy .pea2er...................................................................................................5 37. 3esponsibility for elections..................................................................................51 3!. ,ler2s of .enate and 1ouse of )ssembly and their staff....................................52
14*
C01. 1.01 Pu!lic Ser'ice *oard of ppeal +egulations
Laws of Saint L"cia

3#. 'etermination of 0uestions of membership.........................................................52
PART 2
53
53
4 . Po"er to ma2e la"s............................................................................................53 41. )lteration of ,onstitution and .upreme ,ourt +rder...........................................53 42. Freedom of speech.............................................................................................56 43. +ath by 4embers................................................................................................56 44. Presiding.............................................................................................................56 45. 5oting 57 46. Penalty for sitting if un0ualified............................................................................5! 47. 4ode of e$ercise of legislative po"er.................................................................5! 4!. 3estrictions "ith regard to certain financial measures........................................5! 4#. 3estrictions on po"ers of .enate as to money bills............................................5# 5 . 3estrictions on po"ers of .enate as to bills other than money bills...................6 51. Provision relating to ss. 4# and 5 ......................................................................61 52. .crutiny of electoral legislation............................................................................62 53. 3egulation of procedure......................................................................................62
PART 3
62
62
54. .essions..............................................................................................................62 55. Prorogation and dissolution.................................................................................63 56. 1oldings of elections...........................................................................................64
PART !
65
65
57. ,onstituency 6oundaries ,ommission and &lectoral ,ommission.....................65
PART 5
67
67
5!. 3evie" of constituency boundaries.....................................................................67 5#. &$ecutive authority..............................................................................................6! 6 . 4inisters of the *overnment...............................................................................6# 61. ,abinet of 4inisters.............................................................................................7 62. )llocation of portfolios to 4inisters......................................................................71 63. Performance of functions of 4inisters during absence or illness........................71 64. &7&3,(.& of *overnor *eneral8s functions......................................................72 65. *overnor *eneral to be informed concerning matters of government................73 66. +aths to be ta2en by 4inisters% etc.....................................................................74 67. 9eader of the +pposition.....................................................................................74 6!. Parliamentary .ecretaries...................................................................................75 6#. Permanent .ecretaries........................................................................................75 7 . .ecretary to the ,abinet......................................................................................76 71. ,onstitution of offices% etc...................................................................................76 72. )ttorney *eneral.................................................................................................76 73. ,ontrol of public prosecutions.............................................................................77 74. Prerogative of mercy...........................................................................................7! 75. ,ommittee on Prerogative of mercy....................................................................7! 76. Procedure in capital cases..................................................................................7# 77. ,onsolidated Fund..............................................................................................7# 7!. :ithdra"als from ,onsolidated Fund or other public funds................................!
Laws of Saint L"cia

C01. 1.01
14(
7#. )uthorisation of e$penditure from ,onsolidated Fund by appropriation la".......! ! . )uthorisation of e$penditure in advance of appropriation...................................!1 !1. ,ontingencies Fund............................................................................................!1 !2. 3emuneration of certain officers.........................................................................!2 !3. Public debt...........................................................................................................!2 !4. )udit of public accounts% etc................................................................................!3
PART 1
$!
!5. Public .ervice ,ommission.................................................................................!4 !6. )ppointment etc.% of public officers.....................................................................!6
PART 2
$$
!7. )ppointment% etc.% of Permanent .ecretaries and certain other officers.............!! !!. ,hief &lections +fficer.........................................................................................!# !#. 'irector of Public Prosecutions...........................................................................#1 # . 'irector of )udit...................................................................................................#3 #1. )ppointment% etc. of magistrates% registrars and legal officers............................#4
PART 3
&5
#2. -eaching .ervice ,ommission............................................................................#5 #3. )ppointment% etc.% of teachers.............................................................................#!
PART ! PART 5
&$ &&
#4. Police Force........................................................................................................#!
#5. Public .ervice 6oard of )ppeal.........................................................................1 #6. )ppeals in discipline cases...............................................................................1 2
PART 6
1'3
#7. Pensions la"s and protection of pensions rights..............................................1 3 #!. Po"er to "ithhold pensions% etc........................................................................1 4 ##. Persons "ho become citi;ens on 22 February 1#7#........................................1 5 1 . Persons born in .aint 9ucia on or after 22 February 1#7#.............................1 6 1 1. Persons born outside .aint 9ucia on or after 22 February 1#7#.....................1 7 1 2. 3egistration.....................................................................................................1 7 1 3. )c0uisition% deprivation and renunciation........................................................1 # 1 4. (nterpretation...................................................................................................1 # 1 5. +riginal <urisdiction of 1igh ,ourt in constitutional 0uestions........................11 1 6. 3eference of constitutional 0uestions to 1igh ,ourt.......................................111 1 7. )ppeals to ,ourt of )ppeal.............................................................................111 1 !. )ppeals to 1er 4a=esty in ,ouncil..................................................................112 1 #. (nterpretation...................................................................................................113 11 . )ppointment% etc.% of ,ommissioner...............................................................113 111. 'eputy Parliamentary ,ommissioner..............................................................114 112. Functions of ,ommissioner.............................................................................115 113. 3estrictions on matters for investigation.........................................................116 114. 'iscretion of ,ommissioner............................................................................117 115. 3eport on investigation....................................................................................117 116. Po"er to obtain evidence................................................................................11! 117. Prescribed matters concerning ,ommissioner................................................11#
160
C01. 1.01 Pu!lic Ser'ice *oard of ppeal +egulations
Laws of Saint L"cia

11!. -he integrity ,ommission................................................................................12 11#. 'eclaration of assets.......................................................................................123 12 . .upreme la"...................................................................................................123 121. Functions of *overnor *eneral.......................................................................123 122. 3esignations....................................................................................................123 123. 3e>appointment and concurrent appointments...............................................124 124. (nterpretation...................................................................................................125
PART I
13'
PROVISIONS OF CONSTITUTION REFERRED TO IN SECTION !1*2+ 13'
PART II
13'
PROVISIONS OF THE SUPREME COURT ORDER REFERRED TO IN SECTION !1*2+ 13'

1. .hort -itle............................................................................................................133 2. ?umber of ,onstituencies...................................................................................134 3. )pplication of +rder.............................................................................................134 1. .hort -itle............................................................................................................143 2. 3evie" of ,onstituency 6oundaries....................................................................143 1. .hort title.............................................................................................................147 3. 3evie" of ,onstituency 6oundaries....................................................................147
PART 1
PRELIMINAR"
162
162
1. .hort -itle............................................................................................................162 2. 'efinition.............................................................................................................162
PART 2
163
163
3. 4eetings..............................................................................................................163 4. .pecial 4eetings.................................................................................................163 5. ?otice of 4eetings and presiding at 4eetings....................................................163 6. /uorum...............................................................................................................163 7. 5oting 163 !. 4inutes 164
PART 3
APPEALS
16!
16!
#. 3ight of )ppeal....................................................................................................164 1 . &$emption from )ppeal.....................................................................................164 11. ?otice of )ppeal and 3easons..........................................................................164 12. 6ringing )ppeal.................................................................................................165 13. *iving ?otice of )ppeal.....................................................................................165 14. ?otifications of )ppeal.......................................................................................165 15. -he 3ecord........................................................................................................166 16. -ransmitting 3ecord..........................................................................................166
Laws of Saint L"cia

C01. 1.01
161
PART !
167
167
17. 'efinition...........................................................................................................167 1!. ,onstitution of 6oard for )ppeals......................................................................167 1#. 'ecisions...........................................................................................................167 2 . ,hairperson to preside at sittings......................................................................16! 21. -ime and place of sittings..................................................................................16! 22. Publicat(on of sittings........................................................................................16! 23. ?otices of hearings of )ppeals..........................................................................16! 24. )d=ournments....................................................................................................16# 25. )ppearance of )ppellant...................................................................................16# 26. 3espondent.......................................................................................................16# 27. )bsence of )ppellant at hearing.......................................................................16# 2!. )ppeals by "ay of re>hearing............................................................................16# 2#. ?otification of decisions.....................................................................................17 3 . &$tension of time to appeal...............................................................................17 31. Procedure in matters provided for.....................................................................171 32. Failure of +fficers to abide by these 3egulations..............................................171 1. ,itation and commencement...............................................................................175 2. 3evocation..........................................................................................................176 3. &stablishment of ,onstitution..............................................................................176 1. 'ischarge of *overnor *eneral8s functions........................................................177 2. &$isting la"s........................................................................................................177 4. 4inisters and Parliamentary .ecretaries.............................................................17# 5. +ffice of )ttorney *eneral...................................................................................1! 6. &$isting public officers.........................................................................................1! 7. +aths 1! !. .upreme ,ourt +rder..........................................................................................1!1 #. )ppeals +rder.....................................................................................................1!1 1 . Protection from inhuman treatment...................................................................1!1 11. ,ommon"ealth citi;en......................................................................................1!1 12. (nterpretation.....................................................................................................1!2
LETTERS PATENT ESTA#LISHING THE ORDER OF SAINT LUCIA
1$3
LETTERS PATENT INSTITUTING THE SAINT LUCIA PU#LIC SERVICES LONG SERVICE MEDAL 1$6 SOCIET" OF HONOUR ORDER OF SAINT LUCIA 1$$
162
C01. 1.01
Laws of Saint L"cia

PUBLIC SERVICE BOAR! OF APPEAL RE'ULATIONS # SECTION ()

(St0t5to67 Inst65.ent 41?1(&4"
!ommencement M2) 3arch 1(*2%N
PART 1
PRELIMINAR"
1SHORT TITLE
These eg"lations may be cited as the 9"blic Service Ioard of $ppeal eg"lations%
2DEFINITION
'n these eg"lations, "nless the conte=t otherwise re;"ires& B011e880ntC means a p"blic officer who has bro"ght an appeal: BBo06dC means the 9"blic Service Ioard of $ppeal constit"ted by section (4 of the !onstit"tion: B$+0i61e6sonC means the chairperson of the Ioard: BConstit5tionC means the !onstit"tion of Saint L"cia: Best0;8is+.ent o**i$e6C means the p"blic officer performing the f"nctions of permanent secretary ,9ersonnel/: Bo**i$e6C means p"blic officer: B15;8i$ o**i$e6C has the meaning assigned to it by section 122,1/ of the !onstit"tion: B15;8i$ se6vi$eC has the meaning assigned to it by section 122,1/ of the !onstit"tion: B6e16esent0tiveC means a p"blic officer or a person entitled to practise as a legal practitioner in Saint L"cia: or any person so chosen by the appellant: Bse$6et067C means the person performing the f"nctions of the office of secretary of the Ioard%
Laws of Saint L"cia

C01. 1.01
163
PART 2
3MEETINGS
S"b<ect to these eg"lations, the Ioard may meet for the despatch of b"siness, ad<o"rn and otherwise reg"late their meetings, as they thin? fit% 3eetings shall be held at s"ch place and time and on s"ch days as the chairperson may determine%
!SPECIAL MEETINGS
The chairperson shall call a special meeting of the Ioard within 2 days of receipt of a written re;"isition for that p"rpose addressed to him or her by any 2 members of the Ioard%
5NOTICE OF MEETINGS AND PRESIDING AT MEETINGS
,1/
The Secretary shall give to every member of the Ioard notice of a meeting of the Ioard 2* ho"rs before the time appointed for holding the meeting% The chairperson shall preside at meetings of the Ioard% 'f at any meeting the chairperson is not present within 14 min"tes of the time appointed for holding the meeting the members present may choose one among themselves to preside at that meeting%
,2/
6-
.UORUM
The chairperson and 2 other members of the Ioard shall form the ;"or"m% 'n the absence of the chairperson 3 other members of the Ioard shall form a ;"or"m%
7VOTING
P"estions arising at any meeting of the Ioard shall be decided by a ma<ority of votes%
162
C01. 1.01
Laws of Saint L"cia

$-
MINUTES
The secretary shall attend every meeting of the Ioard and shall ?eep min"tes thereof in s"ch form as the chairperson may direct% 3in"tes shall be confirmed at a s"bse;"ent meeting%
PART 3
APPEALS
&RIGHT OF APPEAL
S"b<ect to reg"lation 10 of these eg"lations, an appeal shall lie to the Ioard from any of the decisions mentioned in section (6,4/,c/ of the !onstit"tion at the instance of the p"blic officer in respect of whom the decision is made%
1'E%EMPTION FROM APPEAL
$n appeal shall not lie to the Ioard from a decision mentioned in section (6,4/,c/ of the !onstit"tion where& ,a/ that decision is in respect of an officer holding a non> pensionable office whose emol"ments do not e=ceed H2,200 per year: or ,b/ the only reason for the appeal from that decision is that it is too severe, e=cept where s"ch decision is a decision& ,i/ to remove an officer from his or her office, or ,ii/ to appoint him or her to an office whose emol"ments are less than the emol"ments of the office which he or she held immediately before the relevant decision%
11NOTICE OF APPEAL AND REASONS
,1/ ,2/
$n appeal to the Ioard shall be by notice in writing signed by the appellant or by his or her representative% #very notice of appeal shall be dated as of the day on which it is signed and shall state& ,a/ the name of the appellant: ,b/ his or her office:
Laws of Saint L"cia

C01. 1.01
164
,c/ ,d/ ,e/ ,f/ ,g/ ,h/ ,3/
the date of the decision from which he or she desires to appeal: the person or a"thority from whose decision he or she desires to appeal: the date on which he or she received notice of that decision: the decision which he or she see?s from the Ioard: an address to which any notice or other doc"ment may be sent to him or her by or on behalf of the Ioard: and the reasons in detail for the appeal%
$ notice of appeal may be in the form set o"t in $ppendi= B$C to these eg"lations%
12-
#RINGING APPEAL
S"b<ect to reg"lation 30 of these eg"lations, an appeal to the Ioard shall be bro"ght if the appellant gives to the secretary, not later than 21 days after the day on which the decision from which he or she desires to appeal is given, a notice of appeal in accordance with reg"lation 11 of these eg"lations%
13GIVING NOTICE OF APPEAL
,1/
The secretary shall p"blish in the 5a6ette an address where notices of appeal may be given to him or her "nder these eg"lations% $ notice of appeal shall be given to the secretary either personally, or by sending it by post to the address p"blished "nder reg"lation 13,1/ and in s"ch a case is considered to be effected by properly addressing, preparing and posting a letter containing the notice, and to have been effected at the time at which s"ch letter was so posted%
,2/
1!-
NOTIFICATIONS OF APPEAL
-pon receiving a notice of appeal, the secretary, shall as soon as practicable& ,a/ enter on the notice the date of receipt:
166
C01. 1.01
Laws of Saint L"cia

,b/ ,c/
,d/
inform the chairperson of his or her receipt of the same: and send a copy of the notice to& ,i/ the establishment officer, ,ii/ the secretary of the 9"blic Service !ommission, ,iii/ where the appellant is not a permanent secretary or head of a department of 5overnment, to the permanent secretary of the 3inistry to which the appellant is attached or to his or her head of department, as the case may be: notify the appellant in writing of the receipt of the notice of appeal and of the date of s"ch receipt%
15-
THE RECORD
$s soon as possible after he or she has received a copy of a notice of appeal, the secretary of the 9"blic Service !ommission shall send to the secretary 4 copies of each of the following doc"ments ,hereinafter referred to as the record/& ,a/ the charges relating to the appeal: ,b/ the proceedings at any in;"iry held on the aforesaid charges ,incl"ding statements of the $ppellant and of witnesses, if any/: ,c/ the doc"ments and e=hibits if any, prod"ced at the said in;"iry: ,d/ the report of the person who held the said in;"iry: ,e/ the decision appealed against: and ,f/ any other doc"ment re;"ired by the Ioard%
16TRANSMITTING RECORD
,1/
$s soon as possible after he or she has received the record relating to an appeal, the secretary shall send one copy thereof to each of the following persons& ,a/ the chairperson: ,b/ every other member of the Ioard entitled to sit for the p"rpose of hearing and determining the appeal: ,c/ the establishment officer: and
Laws of Saint L"cia

C01. 1.01
16)
,d/ ,2/
the appellant%
The appellantEs copy of the record shall be sent to him or her either by handing it to him or her personally, or by sending it by registered post to him or her to the address s"pplied by him or her "nder reg"lation 11,2/,g/ and, in s"ch a case, shall be deemed to be effected by properly addressing and posting to him or her a sealed envelope containing a copy of the record% The establishment officerEs copy of the record is considered to be d"ly sent to him or her either by handing it to him or her personally, or by properly addressing to him or her a sealed envelope enclosing a copy of the record and by leaving the same at his or her office with an officer attached thereto%
,3/
PART !
17DEFINITION
BMe.;e6C in relation to an appeal means a member of the Ioard entitled to sit for the p"rpose of hearing and determining that appeal: and BBo06dC in relation to an appeal means the members of the Ioard entitled to sit for the p"rpose of hearing and determining that appeal%
1$CONSTITUTION OF #OARD FOR APPEALS
$ sitting of the Ioard for the p"rpose of hearing and determining an appeal shall be d"ly constit"ted if the members of the Ioard sitting on that appeal shall comprise& ,a/ the chairperson and all the members: ,b/ the chairperson and one member: or ,c/ two members ,neither of whom is the chairperson/%
1&DECISIONS
#very decision of the Ioard in an appeal shall be in writing and shall re;"ire the conc"rrence of&
16*
C01. 1.01
Laws of Saint L"cia

,a/ ,b/
a ma<ority of all the members sitting on that appeal where the Ioard is constit"ted by 3 members: all the members sitting on that appeal, where the Ioard is constit"ted by 2 members%
2'-
CHAIRPERSON TO PRESIDE AT SITTINGS
7henever the chairperson sits on an appeal, he or she shall preside at the sitting%
21TIME AND PLACE OF SITTINGS
,1/
Sittings of the Ioard for the hearing and determination of appeals shall be held at s"ch times and at s"ch places as the chairperson may appoint% Sittings of the Ioard shall be held in private%
,2/
22-
PU#LICATION OF SITTINGS
The Secretary shall, whenever practicable, ca"se notice of the day, time and place of every sitting of the Ioard to be p"blished in the 5a6ette at least ) days before the commencement of the sitting%
23NOTICES OF HEARINGS OF APPEALS
,1/
The Secretary shall give to every $ppellant notice in writing of the day, time and place of the hearing of his or her appeal at least ) days before the commencement of the hearing% $ notice "nder this reg"lation shall be given to an appellant either personally or by sending it by registered post to the address s"pplied by him or her "nder reg"lation 11,2/,g/ and, in s"ch a case, is considered to be effected by properly addressing and posting to him or her a sealed envelope containing the notice% $ notice "nder this reg"lation shall be given to the establishment officer either personally, or by properly addressing to him or her a sealed envelope containing the notice and by leaving the same at his or her office with an officer attached thereto%
,2/
,3/
Laws of Saint L"cia

C01. 1.01
16(
2!-
AD)OURNMENTS
The Ioard may ad<o"rn its proceedings as it considers fit%

25APPEARANCE OF APPELLANT
'n proceedings before the Ioard an appellant shall appear either in person or by a representative%
26RESPONDENT
'n every appeal the establishment officer shall be the respondent and in proceedings before the Ioard he or she may appear either in person or by a representative%
27A#SENCE OF APPELLANT AT HEARING
'f at the hearing of an appeal an appellant fails to appear either in person or by a representative, the Ioard may either ad<o"rn the appeal, or stri?e it o"t, or dismiss it, or proceed to hear it in the absence of the appellant as it appears to the Ioard to be <"st and proper%
2$APPEALS #" ,A" OF RE1HEARING
,1/
S"b<ect to the provisions of section (6,3/ of the !onstit"tion and of this reg"lation, an appeal to the Ioard shall be by way of re>hearing% Despite the provisions of reg"lation 2*,1/, proceedings before the Ioard shall, as a r"le, be a re>hearing on the doc"ments constit"ting the record of appeal ,referred to in reg"lation 14 of these eg"lations/% 0or the p"rpose of an appeal the Ioard may, if it thin?s it necessary or e=pedient so to do& ,a/ order any p"blic officer to prod"ce any doc"ment, e=hibit and other thing connected with the proceedings and prod"ction of which appears to the Ioard to be necessary for the determination of the appeal: ,b/ order any p"blic officer to attend and be e=amined before the Ioard whether that officer was or was not called to be
,2/
,3/
1)0
C01. 1.01
Laws of Saint L"cia

e=amined before the person or a"thority, if any, which in;"ired into the charges laid against the $ppellant%
2&NOTIFICATION OF DECISIONS
,1/
$s soon as possible after the Ioard has decided an appeal, the Secretary shall send a copy of the decision to& ,a/ the appellant: ,b/ ,where the appellant is not a permanent secretary or head of a department of 5overnment/ the permanent secretary of the 3inistry to which the appellant is attached or to his or her 8ead of Department, as the case may be: ,c/ the establishment officer: ,d/ the Director of 0inance and 9lanning, where he or she is not an officer to whom notice is re;"ired to be given "nder 1,b/ of this reg"lation: ,e/ the secretary of the 9"blic Service !ommission% $ copy of a decision of the Ioard shall be sent to an $ppellant either by delivering it to him or her personally or by posting it to him or her in the manner provided by reg"lation 23,3/% $ copy of a decision re;"ired "nder this eg"lation to be sent to any officer other than an $ppellant shall be deemed to be d"ly sent to that officer if it is delivered to him or her personally or if it is left for him or her in the manner provided by eg"lation 23,2/%
,2/
,3/
3'-
E%TENSION OF TIME TO APPEAL
,1/ ,2/
The Ioard may e=tend the time within which an appeal shall be bro"ght "nder these eg"lations% $n application to e=tend the time within which an appeal shall be bro"ght "nder these eg"lations shall be in writing and the provisions of the preceding eg"lations of this 9art relating to appeals shall, with necessary modifications, apply to an application "nder this reg"lation in the same way as they apply to notices of appeal and to the proceedings in appeals% $n application to e=tend the time within which an appeal shall be bro"ght may be in the form set o"t in $ppendi= BIC to these eg"lations%
,3/
Laws of Saint L"cia

C01. 1.01
1)1
,2/
7here the Ioard e=tends the time within which an appeal shall be bro"ght, the application to e=tend s"ch time shall be treated as a notice of appeal%
31-
PROCEDURE IN MATTERS PROVIDED FOR
S"b<ect to the provisions of the !onstit"tion and of these eg"lations, the proced"re in appeals shall be determined by the members of the Ioard%
32FAILURE OF OFFICERS TO A#IDE #" THESE REGULATIONS
$ny officer who is re;"ired by these eg"lations or by the Ioard to do any act or to prod"ce any doc"ment, e=hibit or other thing or to attend or to be e=amined before the Ioard and who witho"t reasonable ca"se, fails or neglects so to do, is g"ilty of miscond"ct%
1)2
C01. 1.01
Laws of Saint L"cia

$99#+D'K $ , eg"lation 11,3// S$'+T L-!'$ IetweenA ppellant and The #stablishment @fficer The 9ermanent Secretary, #d"cation The !ommissioner of 9olice +espondent +@T'!# @0 $99#$L 1%Ta?e notice that ,1/ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% a p"blic officer holding1acting in the office of ,2/RRRRRRRR being dissatisfied with the decision of ,3/ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% dated %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 20 that ,2/ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% % %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% hereby appeals to the 9"blic Service Ioard of $ppeal for the reasons set o"t in paragraph 2 and will at the hearing of the appeal see? a decision of the Ioard that ,4/ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% %%%%%%%%%%%%%%%%%% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% %%%%%%%%%%%%%%%%% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% %%%%%%%%%%%%%%%% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% %%%%%%%%%%%%%%% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 2% +easons for ppealA ,'nsert 0-LLL here the reasons for the $ppeal/ ,1/ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% ,2/ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% ,3/% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% etc 3% $ll notices or other doc"ments relating to this appeal may be sent to me addressed as follows& Dated this %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% day of %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 20%%%%%%%% ToA The Secretary, The 9"blic Service Ioard of $ppeal Delete where inapplicable
Laws of Saint L"cia

C01. 1.01
1)3
,1/ +ame of $ppellant% ,2/ 'nsert office% ,3/ 'nsert designation of person or a"thority whose decision is appealed against% ,2/ 'nsert the s"bstance of the decision appealed against% ,4/ State the decision so"ght from the Ioard% ,6/ 'nsert address f"lly% $99#+D'K I eg"lation 30,3/ S$'+T L-!'$% IetweenA ppellant and The #stablishment @fficer The 9ermanent Secretary, #d"cation The !ommissioner of 9olice +espondent $99L'!$T'@+ T@ #KT#+D T'3# 7'T8'+ 78'!8 T@ $99#$L Ta?e notice that 1 %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% a p"blic officer holding1acting in the office of 2 %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% intends to apply to the 9"blic Service Ioard of $ppeal to e=tend the time within which ' may appeal against the decision of 3 %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% %% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% %%% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% %%%% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% %%%%% 2% nd further ta-e .otice that the reasons for this application are as follows&2 ,1/ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% ,2/ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% ,3/ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% ,2/ etc% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 3% nd further ta-e .otice that the reasons for which ' desire to appeal against the said decision are as follows&4 ,1/ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% ,2/ %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% ,3/%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% etc%
1)2
C01. 1.01
Laws of Saint L"cia

2% $ll notices or other doc"ments relating to this application may be sent to me addressed6 as follows& Dated this %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%day of%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%20%%%%%%%% %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% ppellant) ToA The Secretary, The 9"blic Service Ioard of $ppeal Delete where inapplicable% ,1/ +ame of $ppellant% ,2/ 'nsert office% ,3/ 'nsert designation of person or a"thority giving the decision against which the appeal is bro"ght% ,2/ 'nsert f"lly here reasons for the application ,4/ State f"lly the reasons for which it is desired to appeal against the decision% ,6/ 'nsert address f"lly%
Laws of Saint L"cia

Saint Lucia Constitution Order
C01. 1.01
1)4
1(/& No. 1(01
SAINT LUCIA SAINT LUCIA CONSTITUTION OR!ER 1(/&

(St0t5to67 Inst65.ent 1(/& No. 1(01 (U,""
/ade & & & & & & 20 December 1()* Coming into Operation 22 0ebr"ary 1()(
!ommencement M22 0ebr"ary 1()(N

$t the !o"rt at I"c?ingham 9alace, the 20 December 1()* 9resent, The P"eenEs 3ost #=cellent 3a<esty in !o"ncil 7hereas the stat"s of association of Saint L"cia with the -nited .ingdom is to terminate on 22 0ebr"ary 1()( and it is necessary to establish a new constit"tion for Saint L"cia "pon its attainment of f"lly responsible stat"s within the !ommonwealthA $nd whereas the $ssociated State of Saint L"cia has, by a resol"tion passed in the 8o"se of $ssembly thereof on 22 @ctober 1()*, re;"ested and consented to the ma?ing of this @rder for that p"rposeA +ow, therefore, 8er 3a<esty, by virt"e and in e=ercise of the powers vested in 8er in that behalf by section 4,2/ of the 7est 'ndies $ct 1(6) , is pleased, by and with the advice of 8er 9rivy !o"ncil, to order, and it is hereby ordered, as follows&
3
1-
CITATION AND COMMENCEMENT
,1/ ,2/
This @rder may be cited as the Saint L"cia !onstit"tion @rder 1()*% This @rder shall come into operation on 22 0ebr"ary 1()(%
1(6) c% 2%
1)6
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Laws of Saint L"cia

2-
REVOCATION
The Saint L"cia !onstit"tion @rder 1(6) , which made provision for the constit"tion of the $ssociated State of Saint L"cia, is revo?ed%
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ESTA#LISHMENT OF CONSTITUTION
The !onstit"tion of Saint L"cia set o"t in Sched"le 1 to this @rder shall come into effect in Saint L"cia at the commencement of this @rder s"b<ect to the transitional provisions set o"t in Sched"le 2 to this @rder% .) 0) Leigh( !ler? of the 9rivy !o"ncil%
SCHE!ULE 1 TO THE OR!ER

T8# !@+ST'T-T'@+ @0 S$'+T L-!'$ Editors note1 Schedule 1 to the Order is the Constitution of Saint Lucia) 2t appears at the !eginning of this Chapter)
SCHE!ULE 4 TO THE OR!ER

T $+S'T'@+$L 9 @J'S'@+S rrangement of paragraphs
1. 2. 4. 5. 6. 7. !. #. 1 . 11. 12. 'ischarge of *overnor *eneral8s functions.....&rror@ 3eference source not found &$isting la"s..........................................&rror@ 3eference source not found 4inisters and Parliamentary .ecretaries.........&rror@ 3eference source not found +ffice of )ttorney *eneral.....................&rror@ 3eference source not found &$isting public officers...........................&rror@ 3eference source not found +aths.....................................................&rror@ 3eference source not found .upreme ,ourt +rder............................&rror@ 3eference source not found )ppeals +rder........................................&rror@ 3eference source not found Protection from inhuman treatment.......&rror@ 3eference source not found ,ommon"ealth citi;en...........................&rror@ 3eference source not found (nterpretation..........................................&rror@ 3eference source not found
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DISCHARGE OF GOVERNOR GENERAL0S FUNCTIONS
-ntil s"ch time as a person has ass"med office as 5overnor 5eneral having been appointed as s"ch in accordance with section 1( of the !onstit"tion, the person who immediately before the commencement of the !onstit"tion held office as 5overnor of Saint L"cia ,or, if there is no s"ch person, the person who was then acting as 5overnor/ shall discharge the f"nctions of the office of 5overnor 5eneral%
2E%ISTING LA,S
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The e=isting laws shall, as from the commencement of the !onstit"tion, be constr"ed with s"ch modifications, adaptations, ;"alifications and e=ceptions as may be necessary to bring them into conformity with the !onstit"tion and the S"preme !o"rt @rder% 7here any matter that falls to be prescribed or otherwise provided for "nder the !onstit"tion by 9arliament or by any other a"thority or person is prescribed or provided for by or "nder an e=isting law ,incl"ding any amendment to any s"ch law made "nder this section/, that prescription or provision shall, as from the commencement of the !onstit"tion, have effect ,with s"ch modifications, adaptations, ;"alifications and e=ceptions as may be necessary to bring it into conformity with the !onstit"tion and the S"preme !o"rt @rder/ as if it had been made "nder the !onstit"tion by 9arliament or, as the case may re;"ire, by the other a"thority or person% The 5overnor 5eneral may by order made at any time before 31 December 1(*0 ma?e s"ch alterations to any e=isting law as may appear to him or her to be necessary or e=pedient for bringing that law into conformity with the provisions of the !onstit"tion and the S"preme !o"rt @rder or otherwise for giving effect or enabling effect to be given to those provisions% The provisions of this paragraph shall be witho"t pre<"dice to any powers conferred by the !onstit"tion or by any other law "pon any person or a"thority to ma?e provision for any matter, incl"ding the alteration of any e=isting law% 0or the p"rposes of this paragraph, the e=pression Be=isting lawC means any $ct, @rdinance, r"le, reg"lation, order or other instr"ment made in p"rs"ance of or contin"ed in force by or
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C01. 1.01
Laws of Saint L"cia

"nder the former !onstit"tion and having effect as a law immediately before the commencement of the !onstit"tion%
3PARLIAMENT
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-ntil other constit"encies are established for Saint L"cia by order in p"rs"ance of section 4* of the !onstit"tion and the order has come into effect there shall, for the p"rposes of the election of members of the 8o"se, be 1) constit"encies having the same bo"ndaries as the constit"encies into which Saint L"cia is divided immediately before the commencement of the !onstit"tion for the p"rpose of the election of elected members of the 8o"se "nder the former !onstit"tion and those constit"encies shall be deemed to have been established "nder that section% The persons who, immediately before the commencement of the !onstit"tion, are elected members of the 8o"se "nder the former !onstit"tion shall, as from the commencement of the !onstit"tion, be deemed to have been elected in p"rs"ance of the provisions of section 33 of the !onstit"tion in the respective constit"encies corresponding to the constit"encies by which they were ret"rned to the 8o"se and shall hold their seats in the 8o"se in accordance with the provisions of the !onstit"tion% The persons who, immediately before the commencement of the !onstit"tion, are nominated members of the 8o"se "nder the former !onstit"tion shall vacate their seats in the 8o"se at the commencement of the !onstit"tion b"t shall be eligible for appointment as Senators in p"rs"ance of the provisions of section 22 of the !onstit"tion% The persons who, immediately before the commencement of the !onstit"tion, are respectively the Spea?er and the Dep"ty Spea?er and the Leader of the @pposition shall be deemed as from the commencement of the !onstit"tion to have been elected as Spea?er and Dep"ty Spea?er or, as the case may be, appointed as leader of the @pposition in accordance with the provisions of the !onstit"tion and shall hold office in accordance with those provisions% -ntil 9arliament otherwise provides, any person who holds or acts in any office the holding of which wo"ld, immediately before the commencement of the !onstit"tion, have dis;"alified him or her for membership of the 8o"se "nder the former
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Laws of Saint L"cia

C01. 1.01
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!onstit"tion shall be dis;"alified to be elected as a member of the 8o"se or appointed as a Senator as tho"gh provisions in that behalf had been made in p"rs"ance of sections 26 and 32 of the !onstit"tion% ,6/ The r"les of proced"re of the 8o"se "nder the former !onstit"tion as in force immediately before the commencement of the !onstit"tion shall, "ntil it is otherwise provided by the 8o"se "nder section 43,1/ of the !onstit"tion be the r"les of proced"re of the 8o"se b"t they shall be constr"ed with s"ch modifications, adaptations, ;"alifications and e=ceptions as may be necessary to bring them into conformity with the !onstit"tion% S"b<ect to the provisions of section 44 of the !onstit"tion, 9arliament shall, "nless sooner dissolved, stand dissolved on 6 D"ne 1()( ,that is to say, 4 years from the first sitting of the 8o"se after the last dissol"tion of 9arliament "nder the former !onstit"tion/% 0or the p"rposes of section 4*,2/ of the !onstit"tion, a report of the !onstit"ency Io"ndaries !ommission shall be deemed to have been s"bmitted on 1( +ovember 1()3 ,that is to say, the date of the s"bmission of the last report of the Standing !ommittee of the 8o"se "nder section 2( of the former !onstit"tion/%
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MINISTERS AND PARLIAMENTAR" SECRETARIES
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The person who, immediately before the commencement of the !onstit"tion, holds the office of 9remier "nder the former !onstit"tion shall as from the commencement of the !onstit"tion, hold office as 9rime 3inister as if he or she had been appointed thereto "nder section 60 of the !onstit"tion% The persons who, immediately before the commencement of the !onstit"tion, hold office as 3inisters ,other than the 9remier/ or as 9arliamentary Secretaries "nder the former !onstit"tion shall, as from the commencement of the !onstit"tion hold the li?e offices as if they had been appointed thereto "nder section 60 or 6* of the !onstit"tion% $ny person holding the office of 9rime 3inister or other 3inister by virt"e of the provisions of s"b>paragraphs ,1/ and ,2/ of this paragraph who, immediately before the
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C01. 1.01
Laws of Saint L"cia

commencement of the !onstit"tion, was charged "nder the former !onstit"tion with responsibility for any matter or any department of government, shall, as from the commencement of the !onstit"tion, be deemed to have been assigned responsibility for that matter or department "nder section 62 of the !onstit"tion%
5OFFICE OF ATTORNE" GENERAL
-ntil 9arliament or, s"b<ect to the provisions of any law enacted by 9arliament, the 5overnor 5eneral, acting in accordance with the advice of the 9rime 3inister, otherwise decides, the office of $ttorney 5eneral shall be a p"blic office%
4
6-
E%ISTING PU#LIC OFFICERS
S"b<ect to the provisions of the !onstit"tion, every person who immediately before the commencement of the !onstit"tion holds or is acting in a p"blic office "nder the former !onstit"tion shall, as from the commencement of the !onstit"tion, contin"e to hold or act in that office or the corresponding office established by the !onstit"tion as if he or she had been appointed thereto in accordance with the provisions of the !onstit"tionA 9rovided that any person who "nder the former !onstit"tion or any other law in force immediately before s"ch commencement wo"ld have been re;"ired to vacate his or her office at the e=piration of any period shall vacate his or her office at the e=piration of that period%
7OATHS
-ntil s"ch time as the oath of allegiance, the oath of secrecy or, in relation to any office, the oath of office is prescribed by law, that oath may be ta?en in the form prescribed immediately before the commencement of the !onstit"tion%
Iy stat"tory instr"ment 2111((), the office of $ttorney 5eneral was declared a p"blic office Bwith effect from 14 D"ne 1(()%C
Laws of Saint L"cia

C01. 1.01
1*1
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SUPREME COURT ORDER
The 7est 'ndies $ssociated States S"preme !o"rt @rder 1(6) , in so far as it has effect as a law, may be cited as the S"preme !o"rt @rder and for the p"rposes of the @rder or any other law& ,a/ the S"preme !o"rt established by that @rder shall, "nless 9arliament otherwise provides, be styled the #astern !aribbean S"preme !o"rt: and ,b/ references in that @rder to the 9remier of Saint L"cia or to the 9remier of any other independent state shall be constr"ed as references to the 9rime 3inister of Saint L"cia or, as the case may be, to the 9rime 3inister of that other state%
6
&-
APPEALS ORDER
The 7est 'ndies $ssociated States ,$ppeals to 9rivy !o"ncil/ @rder ) 1(6) may, in its application to Saint L"cia, be cited as the Saint L"cia $ppeals to 9rivy !o"ncil @rder and shall, to the e=tent that it has effect as a law, have effect as if the e=pression B!o"rts @rderC incl"ded any law altering the S"preme !o"rt @rder and as if section 3 were revo?ed%
1'PROTECTION FROM INHUMAN TREATMENT
+othing contained in or done "nder the a"thority of any law shall be held to be inconsistent with or in contravention of section 4 of the !onstit"tion to the e=tent that the law in ;"estion a"thorises the infliction of any description of p"nishment that was lawf"l in Saint L"cia immediately before 1 3arch 1(6) ,being the date on which Saint L"cia became an associated state/%
11COMMON,EALTH CITI(EN
-ntil s"ch time as 9arliament otherwise prescribes, the e=pression B!ommonwealth citi6enC shall have the meaning assigned to it by the Iritish +ationality $ct 1(2* or any $ct of the 9arliament of the -nited .ingdom altering that $ct%
6 )
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C01. 1.01
Laws of Saint L"cia

12-
INTERPRETATION
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'n this Sched"le& Bt+e Constit5tionC means the !onstit"tion set o"t in Sched"le ' of this @rder:
Bt+e *o6.e6 Constit5tionC means the !onstit"tion in force immediately before the commencement of this @rder% ,2/ The provisions of section 122 of the !onstit"tion shall apply for the p"rposes of interpreting this Sched"le and otherwise in relation thereto as they apply for the p"rposes of interpreting and in relation to the !onstit"tion%
Laws of Saint L"cia

Letters Patent
C01. 1.01
1*3
LETTERS PATENT INSTITUTIN' SAINT LUCIA HONOURS AN! !ECORATIONS

8aving received advice of the iss"e by 8er 3a<esty The P"een of a 7arrant "nder the sign man"al a"thorising The 5overnor> 5eneral to sign and seal with the 9"blic Seal of Saint L"cia Letters 9atent in 8er +ame and on 8er behalf instit"ting Saint L"cia 8ono"rs and Decorations to ta?e effect from the 13th day of December, 1(*6, 8is #=cellency The 5overnor 5eneral has accordingly signed and sealed the following Letters 9atentA LETTERS PATENT ESTA#LISHING THE ORDER OF SAINT LUCIA S$'+T L-!'$ Iy 8is #=cellency Sir $llen Lewis, .night 5rand !ross of the 3ost Disting"ished @rder of St% 3ichael and St% 5eorge, .night 5rand !ross of the oyal Jictorian @rder, .night Iachelor, P"eenEs !o"nsel, 5overnor>5eneral of Saint L"cia% #L'S$I#T8 T8# S#!@+D, by the 5race of 5od P"een of Saint L"cia and of 8er @ther ealms and Territories, 8ead of the !ommonwealth% T@ $LL to whom these 9resents shall come% &+00T2.&1 78# #$S it is desirable that there be established a Saint L"cian society of hono"r for the p"rpose of according recognition to citi6ens of Saint L"cia and other persons for achievement, for acts of bravery or for meritorio"s serviceA .+@7 L@- that we by these 9resents, do establish a society of hono"r to be ?nown as the B@rder of Saint L"ciaCA $+D 7# D@ ordain that the @rder shall consist of the Sovereign, @"r 5overnor 5eneral of Saint L"cia and s"ch members and honorary members as shall be appointed in accordance with the !onstit"tion of the @rderA
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C01. 1.01
Letters Patent
Laws of Saint L"cia

$+D 7# D@ f"rther ordain that the !onstit"tion of the @rder shall be the !onstit"tion set o"t in the Sched"leA $+D 7# D@ hereby command that a seal be immediately engraven, that that seal shall be the Seal of the @rder, that the eg"lations of the @rder shall be signed by @"r 5overnor> 5eneral of Saint L"cia and sealed with the Seal of the @rder, and that the eg"lations so signed and sealed shall have the same force and effect as if they had been recited in these @"r Letters 9atent and given "nder the 9"blic Seal of Saint L"cia% '+ 7'T+#SS whereof we have ca"sed these @"r Letters to be made 9atent% 5iven "nder the 9"blic Seal of Saint L"cia at !astries this 13th day of December, @ne tho"sand nine h"ndred and eighty>si=, in the Thirty>fifth year of @"r eign% IL 8# 3$D#STLES !@33$+D D@8+ 5% 3% !@39T@+, Prime /inister%
SCHE!ULE
!@+ST'T-T'@+ @0 T8# @ D# @0 S$'+T L-!'$ 1% $ Society of 8ono"r, for the p"rpose of according recognition to citi6ens of Saint L"cia and other persons for achievement, for acts of bravery or for meritorio"s service is established in Saint L"cia to be ?nown as the @rder of Saint L"cia% The @rder shall consist of the Sovereign, the 5overnor 5eneral as !hancellor, and the holders of awards in the following 5radesA ' & 5rand !ross: '' & Saint L"cia !ross: ''' & 3edal of 8ono"r in classes of 5old and Silver: 'J & 3edal of 3erit in classes of 5old and Silver: J & Les 9itons 3edal in classes of 5old, Silver and Iron6e: J' & +ational Service !ross: J'' & +ational Service 3edal% The Sovereign of Saint L"cia shall be 8ead of the @rder%
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Laws of Saint L"cia

Letters Patent
C01. 1.01
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@00'!# S $+D !@33'TT## @0 T8# @ D# 2% ,1/ The 5overnor 5eneral, who by virt"e of his @ffice shall be !hancellor of the @rder, shall be charged with the administration of the @rder, and in his c"stody shall be confided the Seal of the @rder, which he shall affi= to all Stat"tes, @rdinances and 'nstr"ments according to the eg"lations to"ching the iss"e of every of the said instr"ments% 'n the absence of the 5overnor 5eneral, the person for the time being performing the f"nctions of the office of 5overnor 5eneral shall discharge the f"nctions of !hancellor of the @rder% The 9rivate Secretary to the 5overnor 5eneral shall be Secretary of the @rder and shall maintain the records of the @rder, arrange for investit"res and perform s"ch other f"nctions in respect of the @rder as the 5overnor 5eneral shall direct from time to time% There shall be a standing +ational $wards !ommittee for the @rder hereinafter called Bthe !ommitteeC comprised ofA ,a/ a citi6en of Saint L"cia appointed by the 5overnor> 5eneral after cons"ltation with the 9rime 3inister and the Leader of the @pposition who shall be chairperson of the !ommittee% ,b/ the chairperson of the 9"blic Service !ommission% ,c/ the chairperson of the Teaching Service !ommission% ,d/ the !ommissioner of 9olice% ,e/ three persons representative of the 5eneral 9"blic appointed by the 5overnor 5eneral of whom 2 shall be appointed on the advice of the 9rime 3inister and one on the advice of the Leader of the @pposition% S"ch appointment shall be for a period not e=ceeding 3 years from the date of appointment b"t the persons shall be eligible for reappointment% ,f/ $ member of the !ommittee appointed "nder s"bparagraph ,a/ of this section shall hold office for
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Laws of Saint L"cia

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a period not e=ceeding 3 years from the date of appointment b"t shall be eligible for reappointment% The !ommittee shall have a Secretary who shall be appointed by the 9rime 3inister% $ vacancy in the membership of the !ommittee shall not precl"de the !ommittee from carrying o"t its f"nctions%
LETTERS PATENT INSTITUTING THE SAINT LUCIA PU#LIC SERVICES LONG SERVICE MEDAL S$'+T L-!'$ Iy 8is #=cellency Sir $llen Lewis, .night 5rand !ross of the 3ost Disting"ished @rder of St% 3ichael and St% 5eorge, .night 5rand !ross of the oyal Jictorian @rder, .night Iachelor, P"eenEs !o"nsel, 5overnor>5eneral of Saint L"cia% #L'S$I#T8 T8# S#!@+D, by the 5race of 5od P"een of Saint L"cia and of 8er @ther ealms and Territories, 8ead of the !ommonwealth% T@ $LL to whom these 9resents shall come% &+00T2.&1 78# #$S it is desirable that there be instit"ted a Saint L"cian 3edal for the p"rpose of according recognition to persons who render long and faithf"l service in certain occ"pationsA .+@7 L@- that we do by these 9resents instit"te a 3edal to be designated and styled the BSaint L"cia 9"blic Services Long Service 3edalCA $+D 7# D@ ordain that the award of the Saint L"cia 9"blic Services Long Service 3edal shall be governed by the Services Long Service 3edal eg"lations 1(*6 set o"t in the Sched"le% '+ 7'T+#SS whereof we have ca"sed these @"r Letters to be made 9atent% 5iven "nder the 9"blic Seal of Saint L"cia at !astries this 13th day of December, @ne tho"sand nine h"ndred and eighty>si=, in the Thirty>fifth year of @"r eign% IL 8# 3$D#STLES !@33$+D
Laws of Saint L"cia

Letters Patent
C01. 1.01
1*)
D@8+ 5% 3% !@39T@+, Prime /inister)
SCHE!ULE
#5-L$T'@+S 5@J# +'+5 T8# $7$ D @0 T8# S$'+T L-!'$ 9-IL'! S# J'!#S L@+5 S# J'!# 3#D$L S8@ T T'TL# 1% These reg"lations may be cited as the Services Long Service 3edal eg"lations% D#S'5+ @0 3#D$L 2% The design of the Services Long Service 3edal and of clasps to the 3edal shall be as prescribed% !@+D'T'@+S 0@ $7$ D @0 3#D$L 3% The following persons are eligible for the award of the Services Long Service 3edalA ,a/ members of the oyal Saint L"cia 9olice 0orce ,b/ members of the Saint L"cia 0ire Service ,c/ members of the 9risons Service ,d/ members of the Saint L"cia !ivil Service ,e/ members of the Saint L"cia Teaching Service ,1/ The Services Long Service 3edal may not be awarded to a person "nless since he or she attained the age of 1* years% ,a/ he or she has served diligently and has been of e=emplary cond"ct for a contin"o"s period of 14 years in one of the capacities mentioned in reg"lation 3: or ,b/ he or she has served diligently and has been of e=emplary cond"ct in 2 or more of those capacities for s"ccessive periods amo"nting in the aggregate to not less than 14%
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Letters Patent
Laws of Saint L"cia

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$ clasp to the Services Long Service 3edal may be awarded after the completion of a f"rther contin"o"s period of service of 10 years in any of the capacities mentioned in reg"lation 3, and an additional clasp maybe awarded after the completion, of each f"rther period of 4 yearsE contin"o"s service%
4%
The award of the Services Long Service 3edal or a clasp to the 3edal may be made by the 5overnor 5eneral on the recommendation of& ,a/ the !ommissioner of 9olice, in the case of a member of the oyal Saint L"cia 9olice 0orce: ,b/ the !hief 0ire @fficer, in the case of a member of the Saint L"cia 0ire Service: ,c/ the S"perintendent of 9risons, in the case of a member of the 9risons Service: ,d/ the chairperson of the 9"blic Service !ommission, in the case of a member of the !ivil Service: ,e/ the chairperson of the Teaching Service !ommission, in the case of the Teaching Service: 7ith in each case the approval of the administrative head of the 3inistry of the 5overnment charged with responsibility for the partic"lar service% 7#$ '+5 @0 3#D$L
6%
The manner of wearing the Service Long Service 3edal shall be as determined by the 5overnor 5eneral% SOCIET" OF HONOUR ORDER OF SAINT LUCIA
The p"blic is hereby notified of the establishment as from 13th December, 1(*6, of a Society of 8ono"r to be ?nown as the @rder of Saint L"cia% The @rder which has as its 8ead, 8er 3a<esty, with the 5overnor 5eneral as !hancellor, is divided into ) 5rades, among which 2 wo"ld be divided into 2 classes and one ,1/ into 3 classes% The 5rades are as follows& The 5rand !ross
Laws of Saint L"cia

Letters Patent
C01. 1.01
1*(
The Saint L"cia !ross The 3edal of 8ono"r in classes of 5old and Silver The 3edal of 3erit in classes of 5old and Silver The Les 9itons 3edal in 5old, Silver and Iron6e The +ational Service !ross The +ational Service 3edal T+e '60nd C6oss is for award only to a person appointed to the office of 5overnor 5eneral% The recipient of the 5rand !ross will be entitled to have the letters B5!SLC placed after his or her name on all occasions when the "se of s"ch letters is c"stomary, and also to the "se of the title 8is or 8er #=cellency before his or her name% T+e S0int L5$i0 C6oss is to be awarded to persons who have rendered disting"ished and o"tstanding service of national importance to this co"ntry% $ recipient of the Saint L"cia !ross will be entitled to have the letters BSL!C placed after his or her name and also to the "se of the title 8ono"rable before his or her name immediately on p"blication of the award% A Med08 o* Hono56 is to be awarded to persons rendering Beminent service of national importanceC or performing an o"tstanding brave or h"mane act to a national of Saint L"cia or of another co"ntry% $ person to whom the 3edal of 8ono"r is awarded is entitled to have the letters BSL38C placed after his or her name on all occasions when the "se of s"ch letters is c"stomary% T+e Med08 o* Me6it is to be restricted to persons contrib"ting long and meritorio"s service in the $rts, Science, Literat"re and other s"ch fields% $ recipient will be entitled to have the letters BSL33C placed after his or her name% T+e Les Pitons Med08 in any of its 3 classes is to be awarded for long and meritorio"s service to Saint L"cia tending to promote loyal p"blic service, national welfare or inc"lcating and strengthening comm"nity spirit% The recipient will be entitled to have the letters BSL93C placed after his or her name%
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C01. 1.01
Letters Patent
Laws of Saint L"cia

T+e N0tion08 Se6vi$e C6oss 0nd t+e N0tion08 Se6vi$e Med08 are intended for members of the oyal Saint L"cia 9olice 0orce, the 0ire Service, the 9rison Service and !adet !orps% The !ross is to be awarded to commissioned ran?s of the 9olice 0orce, the 0ire and 9rison Services for loyal and devoted service beneficial to Saint L"cia% $ recipient is entitled to have the letters B+S!C placed after his or her name% The medal is to be awarded to any member of the said bodies and to commissioned officers of a !adet !orps for Bo"tstanding and meritorio"s serviceC%

Constitution of St. Lucia - Cap.1.01

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SAINT LUCIA

CHAPTER 1.01 CONSTITUTION OF SAINT LUCIA

SAINT LUCIA CONSTITUTION OR!ER #

est Indies A$t o* t+e United ,in-do. 1()/

Laws of Saint L"cia

Constitution of Saint Lucia

CHAPTER 1.01 CONSTITUTION OF SAINT LUCIA

,omposition of Parliament........................................................................................37 23. &stablishment......................................................................................................37

Constitution of Saint Lucia

Laws of Saint L"cia

57. ,onstituency 6oundaries ,ommission and &lectoral ,ommission.....................65

5!. 3evie" of constituency boundaries.....................................................................67

Laws of Saint L"cia

Constitution of Saint Lucia

Constitution of Saint Lucia

Laws of Saint L"cia

-he Police................................................................................................................. #! #4. Police Force........................................................................................................#!

Laws of Saint L"cia

Constitution of Saint Lucia

SCHEDULE 1 TO THE CONSTITUTION

ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER 13'

PROVISIONS OF CONSTITUTION REFERRED TO IN SECTION !1*2+ 13'

PROVISIONS OF THE SUPREME COURT ORDER REFERRED TO IN SECTION !1*2+ 13'

SCHEDULE 2 TO THE CONSTITUTION

SCHEDULE 3 TO THE CONSTITUTION

MATTERS NOT SU#)ECT TO INVESTIGATION #" PARLIAMENTAR" COMMISSIONER 131

1. .hort -itle............................................................................................................143 2. 3evie" of ,onstituency 6oundaries....................................................................143

1. .hort title.............................................................................................................147 3. 3evie" of ,onstituency 6oundaries....................................................................147

1. .hort -itle............................................................................................................162 2. 'efinition.............................................................................................................162

Constitution of Saint Lucia

Laws of Saint L"cia

SCHEDULE 1 TO THE ORDER

SCHEDULE 2 TO THE ORDER

Laws of Saint L"cia

Constitution of Saint Lucia

LETTERS PATENT ESTA#LISHING THE ORDER OF SAINT LUCIA

Laws of Saint L"cia

Constitution of Saint Lucia

CHAPTER 1.01 CONSTITUTION OF SAINT LUCIA

Constitution of Saint Lucia

Laws of Saint L"cia

Laws of Saint L"cia

Constitution of Saint Lucia

Constitution of Saint Lucia

Laws of Saint L"cia

Laws of Saint L"cia

Constitution of Saint Lucia

Constitution of Saint Lucia

Laws of Saint L"cia

PROTECTION FROM SLAVER" AND FORCED LA#OUR

,1/ ,2/ ,3/

PROTECTION FROM INHUMAN TREATMENT

+o person shall be s"b<ected to tort"re or to inh"man or degrading p"nishment or other treatment%

Laws of Saint L"cia

Constitution of Saint Lucia

Constitution of Saint Lucia

Laws of Saint L"cia

Laws of Saint L"cia

Constitution of Saint Lucia

Constitution of Saint Lucia

Laws of Saint L"cia

Laws of Saint L"cia

Constitution of Saint Lucia

PROVISIONS TO SECURE PROTECTION OF LA,