Chapter 001:05 - National Assembly (Speaker’s Election and Vacation of Office)

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/414-chapter-105-national-assembly-speakers-election-and-vacation-of-office/file

L.R.O. 1/2012
LAWS OF GUYANA
NATIONAL ASSEMBLY (SPEAKER’S ELECTION AND
VACATION OF OFFICE) ACT
CHAPTER 1:05
Reg. 42 of 1964
Amended by
O.50/1980
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 10 ... 1/2012





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2 Cap. 1:05 National Assembly (Speaker’s Election and
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L.R.O. 1/2012
Index
of
Subsidiary Legislation
Page
National Assembly (Speaker’s Election and Vacation of Office)
(Provisional Rules)
8



Note
This Act was originally made by the Governor in the form of Regulations by virtue of the power
conferred by section 3(4) of the British Guiana (Constitution) Order, 1964 (U.K) (S.I. 1964 No. 921) and
Article 70 of the Constitution of British Guiana as inserted by the said Order.

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CHAPTER 1:05
NATIONAL ASSEMBLY (SPEAKERS ELECTION AND VACATION OF
OFFICE) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Reference of questions as to election of speaker or vacation of his office.
4. Delivery of reference.
5. Security for costs.
6.
7.
8.
9.
10.
11.
12.

Parties to a reference.
Determination of reference.
Powers under Act exercisable by single judge.
Service of notices.
Costs.
Powers of Court.
Rules of court.
__________________________
Reg. 42 of 1964 An Act to provide for the determination of questions
as to the validity of elections to the office of
Speaker of the National Assembly or as to the
vacation of that office.
[29TH DECEMBER, 1964]
Short title.
Interpretation.
1. This Act may be cited as the National Assembly
(Speaker’s Election and Vacation of Office) Act.
2. In this Act—

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Reference of
questions as
to election of
Speaker or
vacation of
his office.

Delivery of
reference.
“costs” include charges and expenses;
“Court” means the High Court;
“Judge” means a judge of the Court;
“Registrar”means the Registrar of the Supreme Court.
3. (1) Any question whether any person has been
validly elected as Speaker of the National Assembly from
among persons who are not members of that Assembly, or,
having been so elected, has vacated the office of Speaker, shall
be determined by the Court upon a reference thereto in
accordance with this Act.
(2) No such question shall be referred to the Court
except—
(a) by the Clerk of the National Assembly
when so authorised by a resolution of
the Assembly; or
(b) by a member of the Assembly.
4.(1) A reference to the Court under this Act
questioning whether a person was duly qualified to be elected
to be Speaker shall be delivered to the Registrar within twenty-
one days of the election.
(2) The reference shall be in the prescribed form,
state the prescribed matters and be signed by such person as
may be prescribed.
(3) The Registrar shall send a copy of the reference
to the Clerk of the National Assembly, who shall cause it to be
laid before the Assembly.
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Security for
costs.
Parties to a
reference.
Determina-
tion of
reference.
[O.50/1980]

Powers
under Act
exercisable by
single
5. (1) When a question has been referred to the Court
under this Act by a member of the National Assembly the
member so referring the question shall at the time of delivering
the reference to the Registrar or within three days afterwards
give security for all costs which may become payable by him to
any witness summoned on his behalf or to any party to the
reference.
(2) Security shall be an amount of one thousand
dollars and shall be given in the prescribed manner by
recognisance entered into by any number of sureties approved
by the Court not exceeding four or by a deposit of money, or
partly in one way and partly in the other.
6. The parties to a reference to the Court under this
Act shall be—
(a) the Clerk of the National Assembly or
the member referring the question, as
the case may be;
(b) the person whose election or tenure of
office as Speaker is questioned;
(c) such other person as the Court may
direct.
7. At the conclusion of the hearing of a reference
under this Act, the Court shall determine whether the person
has been validly elected as Speaker or whether he has vacated
the office of Speaker, as the case may be, and shall forthwith
certify in writing the determination to the Clerk of the National
Assembly, who shall cause it to be laid before the Assembly.
8. Any of the powers of the Court conferred by or
under any of the provisions of this Act may be exercised by a
single judge:

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judge.

Service of
notices.

Costs.

Powers of the
Court.
Provided that any power, jurisdiction or authority vested
in the Court under section 11 with respect to proceedings
brought under or by virtue of this Act shall only be exercisable
by such number of judges as could exercise that power,
jurisdiction or authority if the proceedings were an ordinary
action within the jurisdiction of the Court.
9. Any summons, notice or document required to be
served on any person with reference to any proceeding
under this Act may be served—
(a) by delivering it to that person; or
(b) by leaving it at, or sending it by post by
a registered letter to, his last known
place of abode; or
(c) in such manner as may be—
(i) prescribed; or
(ii) directed by any judge before
whom the proceeding is taken.
10. Subject to the provisions of this Act and rules made
by virtue of any such provisions, the rules of court with respect
to costs in actions, causes and matters in the Court shall, so far
as practicable, apply in relation to the costs of proceedings
under this Act.
11. The Court shall, subject to the provisions of this Act
and rules made by virtue of any such provisions, have the
same powers, jurisdiction and authority with respect to any
proceedings brought under or by virtue of this Act as if the
proceedings were an ordinary action within the jurisdiction of
the Court.

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Rules of court.
c. 3:02
12. The power conferred by the High Court Act to make
rules of court shall be deemed to include the power to make
rules of court for any of the purposes of this Act and, without
prejudice to the generality of such power, for prescribing
anything which this Act authorises or requires to be prescribed.
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R. 7/1964.
Citation.
Form of
reference and
prescribed
matters.
Form 1
Appendix.
Security for
costs.
c. 1:04
Sub Leg.

SUBSIDIARY LEGISLATION
_________________
NATIONAL ASSEMBLY (SPEAKER’S
ELECTION AND VACATION OF OFFICE)
(PROVISIONAL) (RULES)
made under section 12
1. These Rules may be cited as the National Assembly
(Speaker's Election and Vacation of Office) (Provisional) Rules.
2. A reference in respect of any question as to the
election of any person as Speaker to the National Assembly or
his vacation of office shall be as in Form 1 of the Appendix to
these Rules, shall contain the particulars required therein and
shall be signed by the person making the same.
3. Subject to such modifications and adaptations as
may be necessary for the purpose, the provisions of rules 11 and 12 of the National Assembly (Validity of Election) Rules shall apply when a member of the National Assembly is required to give security for costs under section 5 of the Act:
Provided that—
(a) every reference to section 7 shall be
construed as a reference to section 5 of the
Act;
(b) the said provisions shall be deemed not to
include any reference to section 9; and

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(Speaker's Election and Vacation of Office)
Cap. 1:05 9
[Subsidiary] National Assembly (Speaker’s Election and Vacation of Office)
(Provisional) Rules
L.R.O. 1/2012
Notice of
hearing.
Procedure on
reference.

Fees of Court.

Commence-
ment.
c. 3:02
(c) the Registrar may require any surety
to a recognizance to swear an affidavit
as to his sufficiency.
4. The time and place of trial of a reference to which
these Rules relate shall be fixed by the Registrar after
consultation with the Chief Justice and notice thereof shall be
given in writing by posting the notice at the Registry and by
sending a copy thereof to the person making the reference, to
the Clerk of the National Assembly and to the Attorney-
General.
5. On the hearing of a reference the Court shall
proceed as if such reference were a motion before the Court in
the exercise of its original jurisdiction and shall follow the
procedure of the Court on the hearing of a motion so far as the
same is applicable.
6. (1) No fees of Court shall be payable by or on behalf
of the Clerk of the National Assembly in respect of any
proceedings under these rules.
(2) Where the costs of any proceedings in relation to
which any provisions of the preceding paragraph apply, are
ordered to be paid by a party to the proceedings other than a
person exempted by that paragraph, such costs shall, unless
the Court otherwise orders, include the amount of any fees
which would have been payable by such a person in respect of
those proceedings but for the provisions of the preceding
paragraph.
7. These Rules shall come into immediate operation,
the rule-making authority having so certified under the
provisions of section 67 of the High Court Act.
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Cap. 1:05 National Assembly
(Speaker’s Election and Vacation of Office)
[Subsidiary] National Assembly (Speaker’s Election and Vacation of Office)
(Provisional) Rules
L.R.O. 1/2012
APPENDIX
Form 1
REFERENCE OF QUESTION AS TO ELECTION OF
SPEAKER OR VACATION OF HIS OFFICE, IN THE HIGH
COURT OF GUYANA
THE NATIONAL ASSEMBLY (SPEAKER’S
ELECTION AND VACATION OFFICE)
* (Election of Speaker)
(Vacation of office by Speaker)
Whereas I, the undersigned A.B., being the Clerk of
the National Assembly was duly authorised by resolution
thereof on (date) to refer (or being a member of the National
Assembly am desirous of referring) a question to the High
Court under the provisions of the above Act as to the election
of X.Y. to the office of Speaker of that Assembly (or the
vacation of the office of Speaker of that Assembly by X.Y.)
And whereas (here state the facts and grounds on
which the reference is based)
Wherefore I hereby refer the question so that the
honourable Court may determine whether the said X.Y. has
been validly elected as Speaker (or whether the said X.Y. has
vacated his office of Speaker).

(Signed)……………….
(Address)……………
____________________
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