Constitution St-Kitts-Nevis - ICRC

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1983 Saint Kitts and Nevis Constitution Page 40 of 106 a) if the Governor-General, acting in accordance with the advice of the Prime Minister, so directs; b) if the Prime Minister resigns from office within three days after a resolution of no confidence in the Government has been passed by the National Assembly or is removed from office under subsection (6) or (7); or c) on the appointment of any person to the office of Prime Minister. (10) In the exercise of the powers conferred upon him by subsections (2) and (7) the Governor- General shall act in his own deliberate judgment. Cabinet. 53.- (1) There shall be for Saint Christopher and Nevis a Cabinet of Ministers which shall consist of the Prime Minister and the other Ministers. (2) At any time when the office of Attorney-General is a public office the Attorney-General shall, by virtue of holding or acting in that office, be a member of the Cabinet in addition to the Minister. (3) The functions of the Cabinet shall be to advice the Governor-General in the government of Saint Christopher and Nevis and the Cabinet shall be collectively responsible to the National Assembly for any advice given to the Governor-General by or under the general authority of the Cabinet and for all things done by or under the authority of any Minister in the execution of his office. (4) Subsection (3) shall not apply in relation toa) the appointment and removal from office of Ministers and Parliamentary Secretaries, the assignment of responsibility to any Minister under section 54, or the authorization of another Minister to perform the functions of the Prime Minister during absence or illness; b) the dissolution of Parliament; c) the matters referred to in section 66 (which relate to the prerogative of mercy);or d) in relation to the government of the island of Nevis, any matter in respect of which parliament has no power to make laws for the island of Nevis. Allocation of portfolios. 54.- The Governor-General, acting in accordance with the advice of the Prime Minister, may, by directions in writing, assign to the Prime Minister, or any other Minister responsibility for any business of the Government, including the administration of any department of the Government. Absence or illness of Prime Minister. 55.- (1) Whenever the Prime Minister is absent from Saint Christopher and Nevis or by reason of illness is unable to perform the functions conferred upon Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the Governor-General. (2) The powers of the Governor-General under this section shall be exercised by him in accordance with the advice of the Prime Minister: http://www.georgetown.edu/pdba/Constitutions/Kitts/kitts83.html 27.09.2005
1983 Saint Kitts and Nevis Constitution Page 41 of 106 Provided that if the Governor-General, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to his absence or illness he may exercise those powers without that advice and in his own deliberate judgment. Exercise of Governor-General's functions. 56.- (1) In the exercise of his functions the Governor-General shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where he is required by this Constitution to act in accordance with the advice of, or the recommendation of, any person or authority other than the Cabinet: Provided that the foregoing provisions shall not apply where the Governor-General is authorized to act in his own deliberate judgment in accordance with the following provisionsa) section 23 (which relates to the Governor-General's deputy); b) section 33 and 34 (which relate respectively to the Electoral Commission and to the Supervisor of Elections); c) section 49 (which relates to the Constituency Boundaries Commission); d) sections 52 and 55 (which relates to Minister); e) section 58 (which relates to the Leader of the Opposition); f) section 77 (which relates to the Public Service Commission); g) section 78 (which relates to the appointment etc. of public officers); h) section 86 (which relates to the Public Service Board of Appeal); and i) section 102 (which relates to the Nevis Island Administration). (2) Where the Governor-General is directed to exercise any function in accordance with the recommendation of any person or authority, he shall exercise that function accordingly: Provided that before that Governor-General acts in accordance with a recommendation in any case he may, acting in his own deliberate judgment, once request the person or authority by whom it is made to reconsider the recommendation and if, upon any reconsideration of a recommendation, the person or authority makes a different recommendation, the Governor-General, acting in his own deliberate judgment, may likewise once request the person or authority by whom it is made to reconsider that different recommendation. (3) During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with section 58 and willing to accept appointment or if the Governor-General, acting in his own deliberate judgment, considers that it is not practicable for him to obtain the advice of, or to consult, the Leader of the Opposition within the time within which it may be necessary for him to act, he may act without that advice and in his own deliberate judgment or, as the case may be, without such consultation, in the exercise of any power conferred upon him by this Constitution in respect of which it is provided that he shall act on the advice of, or after consultation with the Leader of the Opposition. (4) Nothing in subsection (1) shall require the Governor-General to act in accordance with the advice http://www.georgetown.edu/pdba/Constitutions/Kitts/kitts83.html 27.09.2005
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Constitution St-Kitts-Nevis - ICRC

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