Constitution of Montserrat

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Constitution


STATUTORY INSTRUMENTS
ARRANGEMENT OF SECTIONS
PART I
THE GOVERNOR
SECTION
1. Citation and commencement
THE CONSTITUTION OF MONTSERRAT
Preamble
PART I
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
2. Fundamental rights and freedoms of the individual
3. Protection of right to life
4. Protection from inhuman treatment
5. Protection from slavery and forced labour
6. Protection from arbitrary arrest or detention
7. Provisions to secure protection of law
8. Protection of right of prisoners to humane treatment
9. Protection of private and family life and privacy of home and other property
10. Protection of right to marry
11. Protection of freedom of conscience and of religion
12. Protection of right to education
13. Protection of freedom of expression
14. Protection of freedom of assembly and association
15. Protection of freedom of movement
16. Protection from discrimination
17. Protection from deprivation of property
18. Provisions for periods of public emergency
19. Protection of persons detained under emergency laws
20. Enforcement of fundamental rights
21. Interpretation of Part I


PART II
THE GOVERNOR
22. The Governor
23. Deputy Governor
24. Functions of Deputy Governor
25. Acting Governor
26. Exercise of Governor’s functions
27. Power to dispose of land
28. Power to constitute offices
29. Power of pardon
30. Public seal
PART III
THE EXECUTIVE
31. Executive authority
32. Cabinet
33. Appointment of Ministers
34. Tenure of office of Ministers
35. Absence of Ministers from Montserrat
36. Acting Premier
37. Temporary Ministers
38. Assignment of responsibilities to Ministers
39. Governor’s special responsibilities
40. Oaths or affirmations
41. Summoning of Cabinet
42. Proceedings in Cabinet
43. Summoning of persons to Cabinet
44. Parliamentary Secretaries
45. National Advisory Council
46. Director of Public Prosecutions
PART IV
THE LEGISLATURE
47. Constitution of Legislature
48. The Legislative Assembly
49. Elected members
50. Attendance by Deputy Governor and other public officers at meetings of Legislative Assembly
51. Qualifications for elected membership
52. Disqualifications for elected membership

53. Tenure of office of elected members
54. Validity of proceedings
55. Determination of questions as to membership
56. Filling of vacancies
57. Temporary members
58. Sessions and meetings of Legislative Assembly
59. Speaker and Deputy Speaker
60. Presiding in Legislative Assembly
61. Leader of the Opposition
62. Governor’s right to address Legislative Assembly
63. Standing Committees
64. Oaths or affirmations of members
65. Quorum
66. Voting
67. Prorogation and dissolution
68. Recalling dissolved Legislative Assembly in case of emergency
69. General elections
70. Introduction of Bills, motions and petitions
71. Power to make laws
72. Standing Orders
73. Penalty for unauthorised persons sitting or voting
74. Assent to Bills
75. Words of enactment
76. Disallowance of laws
77. Privileges, immunities and powers of Legislative Assembly
PART V
ELECTORAL COMMISSION
78. Establishment and functions of Electoral Commission
79. Review and alteration of electoral districts
PART VI
THE JUDICATURE
80. Eastern Caribbean Supreme Court
81. Subordinate courts and tribunals
PART VII
THE PUBLIC SERVICE
82. Public Service Commission

83. Functions and operation of Public Service Commission
84. Appointment, discipline and removal of public officers
85. Particular offices
86. Applicability of pensions law
87. Pensions, gratuities and allowances charged on Consolidated Fund
88. Grant and withholding of pensions, gratuities and allowances
PART VIII
FINANCE
89. Taxation
90. Consolidated Fund
91. Withdrawal from Consolidated Fund or other public funds
92. Financial year estimates
93. Appropriation Bill
94. Excess expenditure
95. Contingencies
96. Remuneration of Speaker and elected members of Legislative Assembly
97. Remuneration of certain officers
98. Power of Government to borrow or lend
99. Public Debt
100. Financial control and accounts
101. Auditor-General
102. Position and remuneration of Auditor-General
103. Functions of Auditor-General
104. National Audit Office
PART IX
PUBLIC STANDARDS
105. Complaints Commission
106. Standards in public life
PART X
MISCELLANEOUS
107. Interpretation
108. References to public office
109. Appointments
110. Re-election or reappointment
111. Removal from office
112. Resignations

113. Power to amend or revoke instruments
114. Amendment
115. Meaning of appointed day
116. Revocations and amendment
117. Existing laws
118. Existing offices and officers
119. Legislative Assembly
120. Transitional provision concerning Director of Public Prosecutions
121. Power reserved to Her Majesty


2010 No. 2474

CARIBBEAN AND NORTH ATLANTIC TERRITORIES

The Montserrat Constitution Order 2010
Made 13th October 2010
Laid before Parliament 20th October 2010
Coming into force in accordance with section 1(2)


At the Court at Buckingham Palace, the 13th day of October 2010
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 5 and 7 of the
West Indies Act 1962( a ) and of all other powers enabling Her to do so, is pleased, by
and with the advice of Her Privy Council, to order, and it is hereby ordered, as
follows:
Citation and commencement
1. (1) This Order may be cited as the Montserrat Constitution Order 2010.
(2) This Order shall come into force on such day as the Governor, acting in
his or her discretion, may appoint by proclamation published in the Gazette (“the appointed day”).
(3) On the appointed day the following provisions of this Order shall have
effect as the Constitution of Montserrat; but the Governor, acting in his or her
discretion, may by proclamation published in the Gazette appoint a later day for the coming into force of section 18(1) to (8), and in that event until that later day the
definition of “period of public emergency” in section 21(1) shall have effect as if
there were substituted for the words “section 18(1)” the words “the Leeward Islands
(Emergency Powers) Order in Council 1959”.
a 1962 c. 19

CHAPTER 1.01
THE CONSTITUTION OF MONTSERRAT
PREAMBLE
Whereas the people of Montserrat are entitled to preserve for themselves and future
generations the fundamental rights and freedoms to which they are entitled by virtue
of their inherent dignity as persons and as citizens of a free and democratic society;
Believing in the concept of true democracy with free and fair elections;
Acknowledging that their society is founded on social justice, moral and spiritual
principles, democratic values and respect for fundamental human rights and the
equitable distribution of resources, the rule of law and the supremacy of God;
Recalling their desire for a Constitution which reflects these values and their
aspirations for social justice, economic empowerment and political advancement;
Recognising their inherent right to pursue their hopes, visions, aspirations and their
right to self-determination;
Now, therefore, the following provisions have effect as the Constitution of Montserrat.
PART I
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Fundamental rights and freedoms of the individual
2. Whereas the realisation of the right to self-determination must be promoted
and respected in conformity with the provisions of the Charter of the United Nations;
Whereas every person in Montserrat is entitled to the fundamental rights and freedoms
of the individual, that is to say, the right, without distinction of any kind, such as sex,
sexual orientation, race, colour, language, religion, political or other opinion, national
or social origin, association with a national minority, property, birth or other status,
but subject to respect for the rights and freedoms of others and for the public interest,
to each and all of the following, namely—
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience and of religion, of expression, and of assembly and association;
(c) protection for his or her private and family life, the privacy of his or her home and other property and from deprivation of property save in
the public interest and on payment of fair compensation,
the subsequent provisions of this Part shall have effect for the purpose of affording
protection to the aforesaid rights and freedoms, and related rights and freedoms, subject to such limitations of that protection as are contained in those provisions,
being limitations designed to ensure that the enjoyment of the said protected rights and
freedoms by any individual does not prejudice the rights and freedoms of others or the
public interest.

Protection of right to life
3. (1) Every person’s right to life shall be protected by law.
(2) No person shall be deprived intentionally of his or her life.
(3) A person shall not be regarded as having been deprived of his or her life in
contravention of this section if he or she dies as the result of a lawful act of war or the
use, to such extent and in such circumstances as are permitted by law, of such force as
is no more than absolutely necessary—
(a) for the defence of any person from violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person
lawfully detained; or
(c) in action lawfully taken for the purpose of suppressing a riot, insurrection or mutiny.
Protection from inhuman treatment
4. No person shall be subjected to torture or to inhuman or degrading treatment or
punishment.
Protection from slavery and forced labour
5. (1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced or compulsory labour.
(3) For the purposes of this section, “forced or compulsory labour” does not
include—
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of a member of a disciplined force in pursuance of his or her duties as such or, in the case of a person who has
conscientious objections to service in a naval, military or air force,
any labour that that person is required by law to perform in place of
such service;
(c) labour required of a person while he or she is lawfully detained that, though not required in consequence of the sentence or order of a
court, is reasonably necessary in the interests of hygiene or for the
maintenance of the place in which he or she is detained; or
(d) any labour required for the purpose of dealing with any situation arising during a period of public emergency or at a time when any
other emergency or calamity threatens the well-being of the
community, to the extent that the requiring of such labour is
reasonably justifiable for that purpose.

Protection from arbitrary arrest or detention
6. (1) No person shall be deprived of his or her personal liberty save in any of
the following cases where reasonably required and in accordance with a procedure
prescribed by law—
(a) in execution of the sentence or order of a court, whether established for Montserrat or some other country, in respect of a criminal offence
of which he or she has been convicted or in consequence of his or her
unfitness to plead to a criminal charge;
(b) in execution of the order of a court punishing him or her for contempt of that court or of another court;
(c) in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him or her by law;
(d) for the purpose of bringing him or her before a court in execution of the lawful order of a court;
(e) on reasonable suspicion that he or she has committed, is committing or is about to commit a criminal offence;
(f) in the case of a minor, under the order of a court or with the consent of his or her parent or guardian, for the purpose of his or her
education or welfare;
(g) for the purpose of preventing the spread of an infectious or contagious disease;
(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the
purpose of his or her care or treatment or the protection of the
community;
(i) for the purpose of preventing the unlawful entry of that person into Montserrat or for the purpose of effecting the expulsion, extradition
or other lawful removal from Montserrat of that person or the taking
of proceedings relating thereto.
(2) Any person who is arrested or detained shall be informed promptly, in a
language that he or she understands, of the reasons for his or her arrest or detention
and of any charge against him or her.
(3) Any person who is arrested or detained shall have the right, at any stage
and at his or her own expense, to retain and instruct without delay a legal
representative of his or her own choice, and to hold private communication with him
or her, and in the case of a minor he or she shall also be afforded a reasonable
opportunity for communication with his or her parent or guardian; but when the
person arrested or detained is unable to retain a legal representative of his or her own
choice or be represented by a legal representative at the public expense, he or she may be represented, and hold private communication with, such person as a court may
approve.
(4) Every person who is arrested shall be informed, in a language that he or
she understands and as soon as possible after he or she is brought to a police station or

other place of custody, of his or her rights under subsection (3); and that person shall
also have the right, and shall be informed at the same time that he or she has the right,
to remain silent and to have one person informed by the quickest practicable means of
his or her arrest and whereabouts.
(5) Any person who is arrested or detained in such a case as is mentioned in
subsection (1)(d) or (e) and who is not released shall be brought promptly before a judge or other officer authorised to exercise judicial power.
(6) If any person arrested or detained in such a case as is mentioned in
subsection (1)(e) is not tried within a reasonable time he or she shall (without prejudice to any further proceedings that may be brought against him or her) be
released either unconditionally or upon reasonable conditions, including in particular
such conditions as are reasonably necessary to ensure that he or she appears at a later
date for trial or for proceedings preliminary to trial.
(7) Any person who is unlawfully arrested or detained by any other person
shall be entitled to compensation in respect of it from that other person.
Provisions to secure protection of law
7. (1) If any person is charged with a criminal offence, then, unless the charge is
withdrawn, the case shall be afforded a fair hearing within a reasonable time by an
independent and impartial court established by law.
(2) Every person who is charged with a criminal offence—
(a) shall be presumed to be innocent until he or she is proved guilty according to law;
(b) shall be informed promptly, in a language that he or she understands and in detail, of the nature and cause of the accusation against him or
her;
(c) shall be given adequate time and facilities for the preparation of his or her defence;
(d) shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his
or her own choice, or, when the interests of justice so require, by a
legal representative at the public expense;
(e) shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the
court, and to obtain the attendance and carry out the examination of
witnesses to testify on his or her behalf before the court on the same
conditions as those applying to witnesses for the prosecution;
(f) shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand or speak the language used
at the trial of the charge; and
(g) shall, when tried before the High Court, have the right to trial by jury
except as otherwise provided for by Act of the Legislature;

and, except with his or her own consent, the trial shall not take place in his or her
absence, unless he or she so behaves in the court as to render the continuance of the
proceedings in his or her presence impracticable and the court has ordered him or her
to be removed and the trial to proceed in his or her absence, or unless, having had
reasonable notice of the hearing and of the nature of the offence charged, he or she is
voluntarily absent from the proceedings.
(3) When a person is tried for any criminal offence, the accused person or any
person authorised by him or her shall, if he or she so requires and subject to payment
of such reasonable fee as may be prescribed by law, be given within a reasonable time
after judgment a copy for the use of the accused of any record of the proceedings
made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of
any act or omission that did not, at the time it took place, constitute such an offence,
and no penalty shall be imposed for any criminal offence that is severer in degree or
description than the maximum penalty that might have been imposed for that offence
at the time when it was committed.
(5) No person who shows that he or she has been tried by a competent court
for a criminal offence and either convicted or acquitted shall again be tried for that
offence or for any other criminal offence of which he or she could have been
convicted at the trial for that offence, save upon the order of a superior court in the
course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if that person shows that he
or she has been lawfully pardoned for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give
evidence at the trial.
(8) Any court or other adjudicating authority prescribed by law for the
determination of the existence or extent of any civil right or obligation shall be
established by law and shall be independent and impartial; and where proceedings for
such a determination are instituted by any person before such a court or other
adjudicating authority, the case shall be determined fairly within a reasonable time.
(9) All proceedings instituted in any court for the determination of the
existence or extent of any civil right or obligation or to try any criminal charge,
including the announcement of the decision of the court, shall be held in public.
(10) Nothing in subsection (9) shall prevent the court from excluding from the
proceedings persons other than the parties and their legal representatives to such
extent as the court—
(a) may be empowered by law so to do and may consider strictly necessary or expedient in circumstances where publicity would
prejudice the interests of justice, in interlocutory proceedings, or in
the interests of the welfare of minors or the private lives of persons
concerned in the proceedings; or
(b) may be empowered or required by law so to do in the interests of
defence, public safety, public order or public morality.

(11) Nothing in any law or done under its authority shall be held to
contravene—
(a) subsection (2)(a) to the extent that the law in question imposes on any person charged with a criminal offence the burden of proving
particular facts;
(b) subsection (2)(e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on
behalf of an accused person are to be paid their expenses out of public
funds;
(c) subsection (5) to the extent that the law in question authorises a court
to try a member of a disciplined force for a criminal offence
notwithstanding any trial and conviction or acquittal of that member
under the disciplinary law of that force; but any court so trying such a
member and convicting him or her shall in sentencing him or her to
any punishment take into account any punishment imposed on him or
her under that disciplinary law.
(12) Every person convicted of a criminal offence by a court shall have the
right to have his or her conviction or sentence reviewed by a higher court, and the
exercise of this right, including the grounds on which it may be exercised, shall be
governed by law.
(13) When a person has by a final decision been convicted of a criminal
offence and when subsequently his or her conviction has been reversed, or he or she
has been pardoned, on the ground that a new or newly discovered fact shows
conclusively that there has been a miscarriage of justice, the person who has suffered
punishment as a result of such conviction shall be compensated according to law,
unless it is proved that the non-disclosure of the unknown fact in time is wholly or
partly attributable to him or her.
Protection of right of prisoners to humane treatment
8. (1) All persons deprived of their liberty (“prisoners”) have the right to be
treated with humanity and with respect for the inherent dignity of the human person.
(2) Save where the interests of defence, public safety, public order, public
morality, public health or the administration of justice otherwise require, unconvicted
prisoners shall be segregated from convicted prisoners; and every unconvicted
prisoner shall be entitled to be treated in a manner appropriate to his or her status as
such.
(3) Juvenile prisoners shall be segregated from adult prisoners and every
juvenile prisoner shall be treated in a manner appropriate to his or her age and legal
status and, if he or she is an unconvicted prisoner and unless he or she is earlier
released, be entitled to have any criminal proceedings against him or her pursued with
the greatest possible expedition.
Protection of private and family life and privacy of home and other property
9. (1) Every person has the right to respect for his or her private and family life,
his or her home and his or her correspondence.

(2) Except with his or her consent, no person shall be subjected to the search
of his or her person or property or the entry by others on his or her premises.
(3) Nothing in any law or done under its authority shall be held to contravene
this section to the extent that it is reasonably justifiable in a democratic society—
(a) in the interests of defence, public safety, public order, public morality, public health, town or country planning, the development of mineral
resources, or the development or utilisation of any other property in
such a manner as to promote the public benefit;
(b) for the purpose of protecting the rights and freedoms of other persons;
(c) for the prevention or detection of offences against the criminal law or the customs law;
(d) to enable an officer or agent of the Government, a local government authority or a body corporate established by law for a public purpose
to enter on the premises of any person in order to inspect those
premises or anything on them for the purpose of any tax, rate or due
or in order to carry out work connected with any property that is
lawfully on those premises and that belongs to the Government or that
authority or body corporate, as the case may be; or
(e) to authorise, for the purpose of enforcing the judgment or order of a court, the search of any person or property by order of a court or the
entry on such premises by such order.
Protection of right to marry
10. (1) Notwithstanding anything in section 16, every man and woman of
marriageable age (as determined by or under any law) has the right to marry a person
of the opposite sex and to found a family.
(2) No person shall be compelled to marry, that is to say, to do so without his
or her free and full consent.
(3) Nothing in any law or done under its authority shall be held to contravene
subsection (1) to the extent that it is reasonably justifiable in a democratic society—
(a) in the interests of public order, public morality or public health;
(b) for regulating, in the public interest, the procedures and modalities of marriage; or
(c) for protecting the rights and freedoms of other persons.
(4) Spouses shall be entitled to equal rights and shall be subject to equal
responsibilities as between themselves and as regards their children both during
marriage and, if the marriage is dissolved, on and after dissolution, but this equality of
rights and responsibilities shall be subject to such arrangements or measures as may be
agreed, or as may be ordered by a court, in the interests of their children.

Protection of freedom of conscience and of religion
11. (1) Except with his or her consent, no person shall be hindered in the
enjoyment of his or her freedom of conscience, and for the purposes of this section the
said freedom includes freedom of thought and of religion, freedom to change one’s
religion or belief and freedom, either alone or in community with others, and both in
public and in private, to manifest and propagate one’s religion or belief in worship,
teaching, practice and observance.
(2) Except with his or her consent (or, in the case of a minor, the consent of
his or her parent or guardian) no person attending any place of education shall be
required to receive religious instruction or to take part in or attend any religious
ceremony or observance.
(3) No religious community or denomination shall be prevented from or
hindered in providing religious instruction for persons of that community or
denomination in the course of education provided by that community or denomination
whether or not that community or denomination is in receipt of any government
subsidy, grant or other form of financial assistance designed to meet, in whole or in
part, the cost of such education.
(4) No person shall be compelled to take any oath which is contrary to his or
her religion or belief or to take any oath in a manner which is contrary to his or her
religion or belief.
(5) Nothing in any law or done under its authority shall be held to contravene
this section to the extent that it is reasonably justifiable in a democratic society—
(a) in the interests of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or belief
without the unsolicited interference of persons professing any other
religion or belief.
(6) Every person who is a parent or legal guardian has the right to respect for
his or her liberty to ensure the religious and moral education of his or her children in
conformity with his or her own convictions.
(7) References in this section to a religion shall be construed as including
references to a religious denomination, and cognate expressions shall be construed
accordingly.
Protection of right to education
12. (1) This section is without prejudice to section 11.
(2) Every child of the appropriate age, as provided by law, shall be entitled to
receive primary and secondary education which shall, subject to subsection (3), be
free.
(3) Every person who is the parent or legal guardian of a child shall be
entitled to have his or her child (of whatever age) educated, at his or her own expense
unless a law otherwise provides, in a private school (that is to say, a school other than

one established by a public authority) and, in such a school, to ensure the religious and
moral education of his or her child in accordance with his or her own convictions.
(4) Nothing in any law or done under its authority shall be held to contravene
subsection (3) to the extent that it is reasonably justifiable in a democratic society and
to the extent that the law makes provision requiring private schools, as a condition of
their being allowed to operate and on terms that are no more onerous than are
applicable to schools established by a public authority, to satisfy—
(a) such minimum educational standards (including standards relating to the qualifications of teaching staff and other staff) as may be
prescribed by or under that or any other law; and
(b) such minimum standards imposed in the interests of public order, public morality or public health as may be so prescribed.
Protection of freedom of expression
13. (1) Except with his or her consent, no person shall be hindered in the
enjoyment of his or her freedom of expression, and for the purposes of this section the
said freedom includes freedom to hold opinions and freedom to receive and impart
ideas and information without interference, and freedom from interference with his or
her correspondence and other means of communication.
(2) Nothing in any law or done under its authority shall be held to contravene
this section to the extent that it is reasonably justifiable in a democratic society—
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights, reputations and freedoms of other persons or the private lives of persons concerned in legal
proceedings, preventing the disclosure of information received in
confidence, maintaining the authority and independence of the courts,
regulating telephony, telegraphy, posts, wireless broadcasting,
television or other means of communication or regulating public
exhibitions or public entertainments; or
(c) for the imposition of restrictions on public officers or teachers that are
reasonably required for the purpose of ensuring the proper
performance of their functions.
(3) For the purposes of subsection (2)(c) in so far as it relates to public officers, “law” in subsection (2) includes directions in writing regarding the conduct
of public officers generally or any class of public officer issued by the Government.
Protection of freedom of assembly and association
14. (1) Except with his or her consent, no person shall be hindered in the
enjoyment of his or her freedom of peaceful assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in particular to
form or belong to political parties or to form or belong to trade unions or other
associations for the promotion and protection of his or her interests.

(2) Nothing in any law or done under its authority shall be held to contravene
this section to the extent that it is reasonably justifiable in a democratic society—
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights and freedoms of other persons; or
(c) for the imposition of restrictions on public officers that are reasonably required for the purpose of ensuring the proper performance of their
functions.
(3) For the purposes of subsection (2)(c), “law” in subsection (2) includes directions in writing regarding the conduct of public officers generally or any class of
public officer issued by the Government.
Protection of freedom of movement
15. (1) Except with his or her consent, no person shall be hindered in the
enjoyment of his or her freedom of movement, that is to say, the right to move freely
throughout Montserrat, the right to reside in any part of Montserrat, the right to enter
or leave Montserrat and immunity from expulsion from Montserrat.
(2) Nothing in any law or done under its authority shall be held to contravene
this section to the extent that the law in question makes provision—
(a) for the removal of a person from Montserrat to be tried or punished in some other country for a criminal offence under the law of that
country;
(b) for the removal of a person from Montserrat to undergo imprisonment in some other country in execution of the sentence of a court in
respect of a criminal offence under the law of Montserrat of which he
or she has been convicted;
(c) for the imposition of restrictions on the movement or residence within Montserrat or the right to leave Montserrat of public officers that are
reasonably required for the purpose of ensuring the proper
performance of their functions;
(d) for the imposition of restrictions on persons who are not Montserratians; but—
(i) no restriction may be imposed by virtue only of this paragraph on
the right of any such person, so long as he or she is lawfully
present in Montserrat, to move freely throughout Montserrat and
to reside anywhere in Montserrat;
(ii) no restriction may be imposed by virtue only of this paragraph on
the right of any such person to leave Montserrat; and
(iii) no such person shall be liable, by virtue only of this paragraph, to
be expelled from Montserrat unless the requirements of
subsection (4) are satisfied;

(e) for the imposition of restrictions on the acquisition or use by any person of land or other property in Montserrat; or
(f) for the imposition of restrictions, by order of a court, on the movement or residence within Montserrat of any person or on any
person’s right to leave Montserrat either in consequence of that
person having been found guilty of a criminal offence under the law
of Montserrat, or for the purpose of ensuring a fair trial or that he or
she appears before a court at a later date for trial of such a criminal
offence or for proceedings preliminary to trial or for proceedings
relating to his or her extradition or lawful removal from Montserrat.
(3) For the purposes of subsection (2)(c), “law” in subsection (2) includes directions in writing regarding the conduct of public officers generally or any class of
public officer issued by the Government.
(4) The requirements to be satisfied for the purposes of subsection (2)(d)(iii) (that is to say, before a person who is not a Montserratian may be expelled from
Montserrat) are as follows—
(a) the decision to expel him or her is taken by an authority, in a manner and on grounds prescribed by law;
(b) he or she has the right, save where the interests of defence, public safety or public order otherwise require, to submit reasons against his
or her expulsion to a competent authority prescribed by law;
(c) he or she has the right, save as aforesaid, to have his or her case reviewed by a competent authority prescribed by law; and
(d) he or she has the right, save as aforesaid, to be represented for the purposes of paragraphs (b) and (c) before the competent authority or
some other person or authority designated by the competent authority.
(5) Nothing in any law or done under its authority shall be held to contravene
this section to the extent that it is reasonably justifiable in a democratic society—
(a) for the imposition of restrictions on the movement or residence within Montserrat or on the right to leave Montserrat of persons generally or
any class of persons that are reasonably required—
(i) in the interests of defence, public safety, public order, public
morality or public health; or
(ii) for the purpose of protecting the rights and freedoms of other
persons; or
(b) for the imposition of restrictions on the right of any person to leave Montserrat that are reasonably required in order to secure the
fulfilment of any obligation imposed by law.
(6) Any restriction on a person’s freedom of movement which is involved in his or her lawful detention shall not be held to contravene this section.

Protection from discrimination
16. (1) Subject to subsections (4) and (5), no law shall make any provision which
is discriminatory either of itself or in its effect.
(2) Subject to subsections (4), (5) and (7), no person shall be treated in a
discriminatory manner by any person acting by virtue of any written law or in the
performance of the functions of any public office or any public authority.
(3) In this section, the expression “discriminatory” means affording different
treatment to different persons on any ground such as sex, sexual orientation, race,
colour, language, religion, political or other opinion, national or social origin,
association with a national minority, property, birth or other status.
(4) Nothing in any law or done under its authority shall be held to contravene
this section to the extent that it has an objective and reasonable justification and there
is a reasonable proportion between the provision of law in question or, as the case may
be, the thing done under it and the aim which that provision or thing done under it
seeks to realise.
(5) Subsection (1) shall not apply to any law so far as that law makes
provision—
(a) for the appropriation of revenues or other funds of Montserrat or for the imposition of taxation (including the levying of fees for the grant
of licences);
(b) with respect to the entry into or exclusion from Montserrat, or the employment or engaging in any business or profession within
Montserrat, of persons who are not Montserratians;
(c) for the application, in the case of persons of any such description of grounds as is mentioned in subsection (3) (or of persons connected
with such persons) of the law with respect to adoption, marriage,
divorce, burial, devolution of property on death or other like matters
that is the personal law applicable to persons of that description; or
(d) whereby persons of any such description of grounds as is mentioned in subsection (3) may be subjected to any disability or restriction or
may be accorded any privilege or advantage which, having regard to
its nature and to special circumstances pertaining to those persons or
to persons of any other such description, is reasonably justifiable in a
democratic society;
and subsection (2) shall not apply to anything which is expressly or by necessary
implication authorised to be done by any such provision of law.
(6) No person shall be treated in a discriminatory manner in respect of access
to any place to which the general public has access.
(7) Nothing in subsection (2) shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that
is vested in any person by or under this Constitution.

Protection from deprivation of property
17. (1) No property of any description shall be compulsorily taken possession of,
and no interest in or right over property of any description shall be compulsorily
acquired, except in accordance with a law applicable to that taking of possession or
acquisition and where the following conditions are satisfied, that is to say—
(a) the taking of possession or acquisition is in the public interest; and
(b) there is a reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the
property; and
(c) provision is made by a law applicable to the taking of possession or acquisition—
(i) for the prompt payment of adequate compensation; and
(ii) securing to any person having an interest in or right over the
property a right of access to the High Court, whether direct or on
appeal from any other authority, for the determination of his or
her interest or right, the legality of the taking of possession or
acquisition and the amount of any compensation to which he or
she is entitled, and for the purpose of obtaining prompt payment
of that compensation.
(2) No person who is entitled to compensation under this section shall be
prevented from remitting, within a reasonable time after he or she has received any
amount of that compensation, the whole of that amount to any country of his or her
choice outside Montserrat.
(3) Without prejudice to the generality of the expression “in the public
interest” in subsection (1), nothing in any law or done under its authority shall be
held to contravene this section to the extent that the law makes provision for the taking
of possession or acquisition of any property, interest or right—
(a) for the purpose of controlling its use in accordance with the general interest;
(b) as a consequence of a breach of the law;
(c) to secure the payment of taxes or other like impositions; or
(d) for the administration or enforcement of the law regulating the civil rights and obligations of persons as between themselves in respect of
property.
Provisions for periods of public emergency
18. (1) The Governor may, by proclamation published in the Gazette, declare that a period of public emergency exists.
(2) Without prejudice to the power of the Legislature to make laws under this
Constitution, during a period of public emergency the Governor may make such
regulations for Montserrat as appear to him or her to be necessary or expedient for

securing the public safety, the defence of Montserrat or the maintenance of public
order, or for maintaining supplies and services essential to the life of the community.
(3) Regulations made under subsection (2)—
(a) shall have effect only prospectively;
(b) shall have effect, subject to this section, notwithstanding the provisions of any other law in force in Montserrat or any rule of law
having effect in Montserrat;
(c) shall (unless previously revoked) expire at the end of the period of public emergency during which they were made unless provision for
their continuance in force (with or without modification) is made by
the Legislature;
(d) shall be published as soon as possible in the Gazette or by such other means as the Governor may determine, acting in his or her discretion,
and shall come into force upon first publication.
(4) Before exercising any function under subsection (1) or (2) or under any
emergency law enacted by the Legislature, the Governor shall consult the National
Advisory Council or, if that is not practicable in the circumstances, the Premier; but if
in the judgement of the Governor it is impracticable for him or her to consult the
National Advisory Council or the Premier, the function shall be exercised by the
Governor acting in his or her discretion.
(5) Where the Governor has consulted the National Advisory Council or the
Premier under subsection (4), the Governor may, if he or she thinks it right to do so,
act otherwise than in accordance with any advice given to him or her by the National
Advisory Council or the Premier.
(6) Where any proclamation of emergency has been made by the Governor
under subsection (1), a copy of the proclamation shall as soon as practicable be laid
before the Legislative Assembly and if the Assembly is not due to meet within five
days of the making of the proclamation it shall meet within that period or as soon as
practicable thereafter.
(7) A proclamation of emergency shall, unless it is sooner revoked by the
Governor, cease to be in force at the expiration of a period of fourteen days beginning
on the date on which it was made or such longer period as may be provided under
subsection (8), but without prejudice to the making of another proclamation of
emergency at or before the end of that period.
(8) If at any time while a proclamation of emergency is in force (including
any time while it is in force by virtue of this subsection) a resolution is passed by the
Legislative Assembly approving its continuance in force for a further period not
exceeding three months, beginning on the date on which it would otherwise expire, the
proclamation shall, if not sooner revoked, continue in force for that further period; but
the Assembly may abridge that period by a further resolution.
(9) Nothing in any law or done under its authority shall be held to contravene
section 6, section 7 other than subsections (4), (5) and (6) thereof, or any provision of
sections 8 to 17 (inclusive) to the extent that the law authorises during a period of

public emergency the taking of measures that are reasonably justifiable for dealing
with the situation that exists in Montserrat during that period.
Protection of persons detained under emergency laws
19. (1) When a person is detained by virtue of any law in relation to a period of
public emergency the following provisions shall apply—
(a) notification shall, as soon as practicable and in any case not more than ten days after the commencement of his or her detention, be published
in a public place (and thereafter as soon as possible in the Gazette) stating that he or she has been detained and giving particulars of the
provision of law by virtue of which his or her detention is authorised;
(b) he or she shall (if not sooner released), as soon as reasonably practicable and in any case not more than two days after the
commencement of his or her detention, be informed, in a language
that he or she understands, of the grounds on which he or she is
detained and furnished with a written statement;
(c) his or her case shall, as soon as practicable and in any case not more than 30 days after the commencement of his or her detention and
thereafter during the detention at intervals of not more than three
months, be reviewed by an independent and impartial tribunal
established by law and presided over by a person appointed by the
Chief Justice;
(d) he or she shall be afforded a reasonable opportunity to consult a legal representative of his or her own choice and to hold private
communication with such legal representative; and
(e) he or she shall, at the hearing of his or her case by the tribunal appointed for its review, be permitted to appear in person or by a legal
representative of his or her own choice.
(2) For the purposes of subsection (1)(d) and (e), if the detained person is unable to retain a legal representative of his or her own choice, the tribunal may
approve such person as it deems fit to make representations to it, provided that nothing
in subsection (1)(d) or (e) shall be construed as entitling a detained person to legal
representation at public expense.
(3) On any review by a tribunal of the case of a detained person under this
section, the tribunal may make recommendations concerning the necessity or
expediency of continuing his or her detention to the authority by which it was ordered
but, unless it is otherwise provided by law, that authority shall not be obliged to act in
accordance with any such recommendations.
Enforcement of fundamental rights
20. (1) If any person alleges that any of the foregoing provisions of this Part has been, is being or is likely to be contravened in relation to him or her, then, without
prejudice to any other action with respect to the same matter which is lawfully
available to him to her, that person may apply to the High Court for redress.

(2) The High Court shall have original jurisdiction—
(a) to hear and determine any application made by any person under subsection (1); and
(b) to determine any question arising in the case of any person which is referred to it under subsection (3),
and may make such orders, issue such writs and give such directions as it may
consider appropriate for the purpose of enforcing or securing the enforcement of any
of the foregoing provisions of this Part to the protection of which the person
concerned is entitled.
(3) If, in any proceedings in any court established in Montserrat other than the
High Court or the Court of Appeal, any question arises as to the contravention of any
of the foregoing provisions of this Part, the court in which the question has arisen shall
refer the question to the High Court unless, in its opinion, the raising of the question is
merely frivolous or vexatious.
(4) An appeal shall lie as of right to the Court of Appeal from any final
determination of any application or question by the High Court under this section, and
an appeal shall lie as of right to Her Majesty in Council from the final determination
by the Court of Appeal of the appeal in any such case; but no appeal shall lie from a
determination by the High Court under this section dismissing an application on the
ground that it is frivolous or vexatious.
(5) The Legislature may by law confer on the High Court such powers in
addition to those conferred by this section as may appear to be necessary or desirable
for the purpose of enabling the Court more effectively to exercise the jurisdiction
conferred on it by this section.
(6) Any such law may make, or provide for the making of, provision with
respect to the practice and procedure—
(a) of the High Court in relation to the jurisdiction and powers conferred on it by or under this section;
(b) of the High Court or the Court of Appeal in relation to appeals under this section from determinations of the High Court or the Court of
Appeal; and
(c) of other courts in relation to references to the High Court under subsection (3),
including provision with respect to the time within which any application, reference or
appeal shall or may be made or brought.
Interpretation of Part I
21. (1) In this Part, unless otherwise expressly provided or required by the
context—
“contravene” in relation to any requirement includes fail to comply with that
requirement, and cognate expressions shall be construed accordingly;

“court” means any court of law or tribunal having jurisdiction in Montserrat,
including Her Majesty in Council, but excepting, save in section 5, a court
established by or under disciplinary law;
“disciplinary law” means a law regulating the discipline of any disciplined force;
“disciplined force” means—
(a) a naval, military or air force;
(b) any police service or prison service in Montserrat;
“legal representative” means a person entitled to practise law in Montserrat;
“member” in relation to a disciplined force includes any person who, under the law
regulating the discipline of that force, is subject to that discipline;
“minor” means a person who has not attained the age of eighteen years;
“period of public emergency” means any period during which—
(a) Her Majesty is at war; or
(b) there is in force in Montserrat a proclamation of emergency under section 18(1) or under any law made by the Legislature to like effect.
(2) In relation to any person who is a member of a disciplined force raised
under the law of Montserrat, nothing in or done under the authority of the disciplinary
law of that force shall be held to contravene the provisions of this Part other than
sections 3, 4 and 5.
(3) In relation to any person who is a member of a disciplined force raised
otherwise than as aforesaid and lawfully present in Montserrat, nothing in or done
under the authority of the disciplinary law of that force shall be held to contravene any
provisions of this Part.
PART II
THE GOVERNOR
The Governor
22. (1) There shall be a Governor of Montserrat who shall be appointed by Her
Majesty by Commission under Her Sign Manual and Signet and shall hold office
during Her Majesty’s pleasure.
(2) The Governor shall, for the purpose of administering the government of
Montserrat, have such functions as may be conferred on him or her by or under this
Constitution or any other law and such other functions as Her Majesty may from time
to time be pleased to assign to him or her.
(3) Subject to this Constitution and any law by which any functions are
conferred on the Governor, the Governor shall perform all his or her functions (including functions which are expressed by this Constitution to be exercisable in his
or her discretion or in his or her judgement) according to such instructions, if any, as
may be given to him or her by Her Majesty; but the question whether or not the

Governor has in any matter complied with any such instructions shall not be enquired
into by any court.
(4) A person appointed to the office of Governor shall, before assuming the
functions of that office, make oaths or affirmations of allegiance and for the due
execution of that office in the forms set out in the Schedule.
Deputy Governor
23. (1) There shall be a Deputy Governor for Montserrat who shall be a
Montserratian.
(2) The Deputy Governor shall be appointed by the Governor in accordance
with section 85, but any appointment shall require the prior approval of a Secretary of
State.
(3) If the office of Deputy Governor is vacant or the person holding that office
is acting in the office of Governor under section 25 or is for any reason unable to
perform the functions of the office of Deputy Governor, then the Governor, acting in
his or her discretion, may appoint a person who is a Montserratian to act as Deputy
Governor and any such person shall continue to act until his or her appointment is
revoked by the Governor, acting in his or her discretion.
Functions of Deputy Governor
24. (1) The Deputy Governor shall assist the Governor in the exercise of his or
her functions, and shall have such functions, not of a ministerial nature, as (subject to
this Constitution and any other law) may be assigned to him or her by the Governor,
acting in his or her discretion.
(2) Under the authority of the Governor, the Deputy Governor shall be
responsible for—
(a) in accordance with section 84, the appointment of persons to public offices, the suspension, termination of appointment, dismissal or
retirement of public officers, and the taking of disciplinary action in
respect of public officers;
(b) the application to any public officer of the terms or conditions of
employment of the public service (including salary scales,
allowances, leave, passages or pensions) for which financial provision
has been made; and
(c) the leadership and management of the public service, and the organisation of the public service in so far as it does not involve new
financial provision.
(3) The Governor, acting in his or her discretion, may give directions to the
Deputy Governor as to the exercise of the responsibilities referred to in subsection
(2)(b) and (c), and the Deputy Governor shall comply with any such directions.
Acting Governor
25. (1) During any period when the office of Governor is vacant or the Governor
is absent from Montserrat or is for any other reason unable to perform the functions of

that office, those functions shall, during Her Majesty’s pleasure, be assumed and
performed by—
(a) the Deputy Governor; or
(b) if the office of Deputy Governor is vacant or the Deputy Governor is absent from Montserrat or is for any other reason unable to perform
those functions, such other person as Her Majesty may designate by
instructions given through a Secretary of State (“the person
designated”).
(2) On each occasion before assuming the functions of the office of Governor,
the Deputy Governor or the person designated shall make the oaths or affirmations
directed by section 22(4) to be made by the Governor.
(3) The Deputy Governor shall cease to perform the functions of the office of
Governor after the Governor has notified him or her that he or she is about to assume
or resume those functions, and the person designated shall cease to perform those
functions after the Governor or the Deputy Governor has so notified him or her.
(4) In this section “the Governor” means the person holding the office of
Governor, and “the Deputy Governor” means the person holding the office of
Deputy Governor.
Exercise of Governor’s functions
26. (1) In the exercise of his or her functions the Governor shall, subject to the
following provisions of this section and to section 39(7), obtain and act in accordance
with the advice of the Cabinet, except—
(a) when acting under instructions given to him or her by Her Majesty through a Secretary of State;
(b) when exercising any function conferred on the Governor by this Constitution which is expressed to be exercisable by the Governor in
his or her discretion or in his or her judgement or in accordance with
the advice of, or after consultation with, any person or authority other
than the Cabinet;
(c) when exercising any function conferred on the Governor by any other
law in terms which authorise him or her to exercise that function
without obtaining the advice of the Cabinet; or
(d) in any case which, in the Governor’s judgement, involves a matter for which the Deputy Governor is responsible under section 24(2) or the
Governor is responsible under section 39(1)(e).
(2) The Governor shall not be obliged to act in accordance with the advice of
the Cabinet in any case which, in his or her judgement, involves a matter for which he
or she is responsible under section 39.
(3) Where the Governor is by this Constitution or any other law directed to
exercise any function after consultation with any person or authority other than the
Cabinet he or she shall not be obliged to exercise that function in accordance with the
advice of that person or authority.

(4) Where the Governor is by this Constitution or any other law directed to
exercise any function in accordance with the advice of, or after consultation with, any
person or authority, the question whether he or she has so exercised that function shall
not be enquired into by any court.
Power to dispose of land
27. Subject to any law in force in Montserrat, the Governor or any person duly
authorised by the Governor by writing under his or her hand, in Her Majesty’s name
and on Her Majesty’s behalf, may, under the public seal, make grants and dispositions
of land or other immovable property in Montserrat or interests in such property that
are vested in Her Majesty for the purposes of the Government.
Power to constitute offices
28. Subject to this Constitution and any other law in force in Montserrat, the
Governor, in Her Majesty’s name and on Her Majesty’s behalf, may constitute offices
for Montserrat.
Power of pardon
29. (1) There is hereby established a Mercy Committee comprising the Governor,
the Attorney General and four other members appointed by the Governor, acting after
consultation with the Cabinet; and any appointment may be revoked by the Governor,
acting after consultation with the Cabinet.
(2) The Governor may, in Her Majesty’s name and on Her Majesty’s behalf,
subject to subsection (3)—
(a) grant to any person concerned in or convicted of any offence against any law in force in Montserrat a pardon, either free or subject to
lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, from the execution of any sentence passed on that person for
such an offence;
(c) substitute a less severe form of punishment for that imposed by any sentence for such an offence; or
(d) remit the whole or any part of any sentence passed for such an offence or any penalty or forfeiture otherwise due to Her Majesty on account
of such an offence.
(3) The Governor shall exercise the powers conferred on him or her by
subsection (2) after consultation with the Mercy Committee unless in any particular
case the matter is in his or her judgement too urgent to permit such consultation, in
which case the Governor may act in his or her judgement.
(4) The Mercy Committee shall not be summoned except by the authority of the Governor, acting in his or her discretion; and the Governor shall preside at all
meetings of the Committee.

(5) No business shall be transacted at any meeting of the Mercy Committee
unless there are at least three members present, of whom one shall be the Attorney
General.
(6) The Mercy Committee shall not be disqualified for the transaction of
business by reason of any vacancy in its membership, and the validity of the
transaction of any business by the Committee shall not be affected by reason only of
the fact that some person who was not entitled to do so took part in the proceedings.
(7) Subject to this section the Mercy Committee may regulate its own
procedure.
Public seal
30. The Governor shall keep and use the public seal for sealing all things that
should be sealed.
PART III
THE EXECUTIVE
Executive authority
31. (1) The executive authority of Montserrat is vested in Her Majesty.
(2) Subject to this Constitution, the executive authority of Montserrat may be
exercised on behalf of Her Majesty by the Governor, either directly or through officers
subordinate to him or her.
(3) Nothing in this section shall operate so as to prejudice any law in force in
Montserrat whereby functions are, or may be, conferred on persons or authorities other
than the Governor.
Cabinet
32. (1) There shall be a Cabinet in and for Montserrat which shall consist of a
Premier, three other Ministers and two ex officio members, namely the Attorney- General and the Financial Secretary.
(2) The number of Ministers referred to in subsection (1) may be increased by
a law made in pursuance of section 48(2) which increases the number of elected
members of the Legislative Assembly; but in no circumstances may the number of
such Ministers be increased so that the total number of Ministers exceeds a number
arrived at by subtracting one from the total number of elected members of the
Legislative Assembly and then dividing by two.
(3) Subject to this Constitution, the Cabinet shall have the general direction
and control of the government of Montserrat and shall be collectively responsible for
it to the Legislative Assembly.
(4) The Deputy Governor shall have the right to attend and take part in any
meeting of the Cabinet, but shall not have the right to vote in the Cabinet.

Appointment of Ministers
33. (1) The Governor shall appoint as the Premier the elected member of the
Legislative Assembly who demonstrates to the satisfaction of the Governor that he or
she commands the confidence of a majority of the elected members of the Assembly.
(2) The other Ministers shall be appointed by the Governor in accordance with
the advice of the Premier from among the elected members of the Legislative
Assembly, and one of them shall be appointed as Deputy Premier.
(3) If occasion arises for making an appointment under subsection (2) while
the Legislative Assembly is dissolved, a person who was an elected member of the
Assembly immediately before the dissolution may be appointed as if he or she were
still a member of the Assembly.
(4) Appointments under this section shall be made by instrument under the
public seal.
Tenure of office of Ministers
34. (1) If a motion that the Legislative Assembly should declare a lack of
confidence in the Government receives in the Assembly the affirmative votes of a
majority of all the elected members of the Assembly, the Governor shall, by
instrument under the public seal, revoke the appointment of the Premier and appoint
another person as Premier in accordance with section 33(1); but before so revoking the
Premier’s appointment the Governor shall consult the Premier and may, acting in his
or her discretion, dissolve the Legislative Assembly instead of revoking the
appointment.
(2) A Minister shall vacate his or her office if—
(a) he or she resigns it by writing under his or her hand addressed to and received by the Governor;
(b) he or she ceases to be a member of the Legislative Assembly for any reason other than a dissolution of the Assembly;
(c) he or she is required by virtue of section 53(4) to cease to perform his or her functions as a member of the Legislative Assembly; or
(d) he or she is not an elected member of the Legislative Assembly on the date of its first sitting after a general election.
(3) A Minister (other than the Premier) shall also vacate his or her office—
(a) whenever a Premier is appointed; or
(b) if his or her appointment is revoked by the Governor, acting in accordance with the advice of the Premier, by instrument under the
public seal.
(4) Upon a dissolution of the Legislative Assembly the Premier and other Ministers in office at the time of such dissolution shall remain in office and discharge
their functions until a general election is held and a Premier is appointed in accordance
with section 33(1) following such election; but such functions may not be exercised,
save in the event of a public emergency, to commit or bind the next successor

Government to public funding or liability except in the ordinary course of the day to
day affairs of Montserrat.
Absence of Ministers from Montserrat
35. The Premier shall give notice to the Governor before being absent from
Montserrat, and any other Minister shall obtain the permission of the Premier before
being absent from Montserrat.
Acting Premier
36. (1) During any period when the office of Premier is vacant or the Premier is
absent from Montserrat or otherwise unable to perform the functions of his or her
office, the Governor shall authorise the Deputy Premier to perform those functions;
and if the office of Deputy Premier is vacant or the Deputy Premier is absent from
Montserrat or otherwise unable to perform those functions, the Governor shall
authorise another Minister to perform those functions, acting in accordance with the
advice of the Premier or, if the office of Premier is vacant or it is impracticable to
obtain the advice of the Premier, acting in his or her discretion.
(2) Any authorisation under subsection (1) shall be given by the Governor by
instrument under the public seal and shall be revoked in like manner as soon as the
circumstances giving rise to the authorisation have ceased to exist.
(3) In this section “the Premier” means the person holding the office of
Premier and “the Deputy Premier” means the person holding the office of Deputy
Premier.
Temporary Ministers
37. (1) Whenever a Minister (other than the Premier) is absent from Montserrat or
otherwise unable to perform the functions of his or her office, the Governor may, by
instrument under the public seal, appoint a person who is an elected member of the
Legislative Assembly (or, if the Assembly is dissolved, was such a member
immediately before the dissolution) to be a temporary Minister.
(2) Subject to section 34, a person appointed under this section shall hold
office until he or she is notified by the Governor that the circumstances giving rise to
the appointment have ceased to exist.
(3) The powers conferred on the Governor by this section shall be exercised
by him or her in accordance with the advice of the Premier.
Assignment of responsibilities to Ministers
38. (1) Subject to this Constitution, the Governor, acting in accordance with the
advice of the Premier, shall, by directions in writing, charge any Minister with
responsibility for the conduct (subject to this Constitution and any other law) of any
business of the Government, including responsibility for the administration of any department of government.
(2) A Minister shall not be charged with responsibility under this section for
any of the matters mentioned in section 39, matters relating to the judiciary, or the

audit of accounts which are the responsibility of the Auditor-General under section
103.
(3) Authority to exercise any function that is conferred or imposed by this
Constitution or any other law on any person or authority other than a Minister shall
not be conferred by the Governor on a Minister.
(4) A Minister charged with responsibility for any matter under this section
shall exercise his or her responsibility in accordance with the policies of the
Government as determined by the Cabinet and in accordance with the collective
responsibility of the members of the Cabinet for the policies and decisions of the
Government.
(5) Where a Minister has been charged under this section with responsibility
for the administration of any department of government, the Minister shall (subject to
this Constitution and any other law) exercise general direction and control over that
department, and, subject to such direction and control, the department shall be under
the supervision of a permanent secretary who shall be a public officer; but two or
more departments of government may be placed under the supervision of one
permanent secretary.
(6) The Governor, acting in his or her discretion, may at any time and upon
notifying the relevant Minister call for any official papers or seek any official
information or advice available to a Minister with respect to a matter or department
with responsibility for which that Minister is charged under this section.
Governor’s special responsibilities
39. (1) The Governor, acting in his or her discretion, shall be responsible for the
conduct, subject to this Constitution, of any business of the Government with respect
to the following matters—
(a) defence;
(b) external affairs;
(c) the regulation of international financial services;
(d) internal security, including the police service;
(e) the functions conferred on the Governor by this Constitution or any other law in relation to the public service;
and the Governor shall keep the Premier fully informed concerning the general
conduct of these matters, and the Premier may request information in respect of any
particular matter.
(2) The Governor, acting after consultation with the Premier, may assign to a
member of the Cabinet responsibility for the conduct on behalf of the Governor of any
business in the Legislative Assembly with respect to any of the matters mentioned in
subsection (1); but in the absence of such assignment the Deputy Governor shall conduct any such business on behalf of the Governor in the Assembly.
(3) The Governor, acting in his or her discretion, may by directions in writing
delegate, with the prior approval of a Secretary of State, to the Premier or any other
Minister designated by the Premier, such responsibility for any matter mentioned in

subsection (1)(a), (b), (c) and (d) as the Governor may think fit on such conditions as he or she may impose.
(4) Notwithstanding subsection (3), and without prejudice to any authority
previously granted by or on behalf of a Secretary of State, the Governor shall by
directions in writing delegate to a Minister responsibility for the conduct within
Caribbean regional organisations of external affairs affecting Montserrat, and other
Caribbean regional affairs of interest to or affecting Montserrat, on the terms and
conditions set out in those directions.
(5) In the event of any disagreement regarding the exercise of any delegated
responsibility under subsection (4) or regarding the terms and conditions referred to in
that subsection, the matter shall be referred to a Secretary of State whose decision on
the matter shall be final and whose directions shall be complied with.
(6) Where the Governor, acting in his or her discretion, determines that the
exercise of any function conferred on any other person or authority (other than the
Legislative Assembly) would involve or affect any matter mentioned in subsection
(1), the Governor may, acting in his or her discretion, give directions as to the exercise
of that function, and the person or authority concerned shall exercise the function in
accordance with those directions.
(7) Before exercising any function with respect to any matter mentioned in
subsection (1)(a), (b), (c) and (d), the Governor shall consult the Cabinet but may act against any advice given to him or her by the Cabinet; but the Governor shall not be
obliged to consult the Cabinet in any case in which, in his or her judgement—
(a) it is in the public interest that he or she should act without consulting the Cabinet;
(b) the matters to be decided are too trivial to require the advice of the Cabinet; or
(c) the matters to be decided are too urgent to admit the Governor obtaining the advice of the Cabinet by the time within which it may
be necessary for him or her to act.
(8) The question of whether a matter falls within the scope of subsection (1)
shall be determined by the Governor acting in his or her discretion.
Oaths or affirmations
40. Every member of the Cabinet appointed under section 33 or 37 shall, before
assuming the functions of his or her office, make before the Governor oaths or
affirmations of allegiance and for the due execution of that office in the forms set out
in the Schedule.
Summoning of Cabinet
41. The Cabinet shall not be summoned except by the authority of the Governor, acting in his or her discretion; but the Governor shall summon the Cabinet if the
Premier so requests.

Proceedings in Cabinet
42. (1) The Governor shall, so far as is practicable, attend and preside at meetings
of the Cabinet.
(2) In the absence of the Governor there shall preside at any meeting of the
Cabinet either the Premier or, in the absence of the Premier, such other Minister as the
Governor, acting after consultation with the Premier, may appoint.
(3) No business shall be transacted at any meeting of the Cabinet unless there
are at least three members present, of whom two are Ministers.
(4) Subject to subsection (3), the Cabinet shall not be disqualified for the
transaction of business by reason of any vacancy in its membership, and the validity of
the transaction of business in the Cabinet shall not be affected by reason only of the
fact that some person who was not entitled to do so took part in its proceedings.
Summoning of persons to Cabinet
43. The Governor, acting after consultation with the Premier, may summon any
person to a meeting of the Cabinet whenever, in his or her opinion, the business before
the Cabinet renders the presence of that person desirable.
Parliamentary Secretaries
44. (1) The Governor, acting in accordance with the advice of the Premier, may
appoint by instrument under the public seal up to two Parliamentary Secretaries from
among the elected members of the Legislative Assembly, to provide assistance to the
Ministers.
(2) A Parliamentary Secretary shall vacate his or her office—
(a) if he or she resigns it by writing under his or her hand addressed to and received by the Governor;
(b) if he or she ceases to be a member of the Legislative Assembly for any reason other than a dissolution of the Assembly;
(c) if he or she is required by virtue of section 53(4) to cease perform his or her functions as a member of the Legislative Assembly;
(d) if he or she is not an elected member of the Legislative Assembly on the date of its first sitting after a general election;
(e) whenever a Premier is appointed; or
(f) if his or her appointment is revoked by the Governor, acting in accordance with the advice of the Premier, by instrument under the
public seal.
National Advisory Council
45. (1) There shall be a National Advisory Council for Montserrat (“the
Council”), which shall consist of—
(a) the Governor, as Chairman;

(b) the Premier;
(c) one other Minister appointed in writing by the Governor, acting in accordance with the advice of the Premier;
(d) the Attorney-General;
(e) the Financial Secretary; and
(f) subject to section 61(6), the Leader of the Opposition.
(2) The quorum for any meeting of the Council shall consist of at least three
members and shall include the Chairman and at least one Minister.
(3) A Minister appointed under subsection (1)(c) shall vacate his or her seat on the Council if—
(a) his or her office becomes vacant under section 34; or
(b) the Governor so directs in writing, acting in accordance with the advice of the Premier.
(4) The purpose of the Council is to make recommendations to, or advise, the
Governor on—
(a) the matters mentioned in section 39(1)(a), (b) and (d); and
(b) the exercise of the Governor’s functions and powers during a period of public emergency as defined in section 21(1);
but the Governor shall not be obliged to act in accordance with the recommendations
or advice of the Council.
(5) The Governor, acting in his or her discretion, may summon a meeting of
the Council whenever he or she considers it desirable to do so, and shall summon such
a meeting whenever the Premier or the Cabinet so requests.
(6) The Council may consult with persons or authorities other than members
of the Council, and may invite any Minister or summon any other person to any of its
meetings, whenever the business before the Council renders such consultation or the
presence of that Minister or other person desirable.
(7) Subject to this section, the Council may regulate its own procedure.
Director of Public Prosecutions
46. (1) There shall be a Director of Public Prosecutions for Montserrat, whose
office shall be a public office.
(2) The Director of Public Prosecutions shall have power, in any case in
which he or she considers it desirable to do so—
(a) to institute and undertake criminal proceedings against any person before any court in respect of any offence against any law in force in Montserrat;
(b) to take over and continue any such criminal proceedings that have
been instituted by any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or herself or
by any other person or authority.
(3) The powers of the Director of Public Prosecutions under subsection (2)
may be exercised by him or her in person or by officers subordinate to him or her
acting under and in accordance with his or her general or special instructions.
(4) The powers conferred on the Director of Public Prosecutions by
subsection (2)(b) and (c) shall be vested in him or her to the exclusion of any other person or authority; but where any other person or authority has instituted criminal
proceedings, nothing in this subsection shall prevent the withdrawal of those
proceedings by or at the instance of that person or authority at any stage before the
person against whom the proceedings have been instituted has been charged before the
court.
(5) For the purposes of this section, any appeal from any determination in any
criminal proceedings before any court, or any case stated or question of law reserved
for the purpose of any such proceedings, to any other court or to Her Majesty in
Council shall be deemed to be part of those proceedings.
(6) In the exercise of the powers conferred on him or her by this section and
section 73(2) the Director of Public Prosecutions shall not be subject to the direction
or control of any other person or authority.
(7) During any period when the office of Director of Public Prosecutions is
vacant, the Attorney-General shall perform the functions of that office.
PART IV
THE LEGISLATURE
Constitution of Legislature
47. There shall be a Legislature in and for Montserrat, which shall consist of Her
Majesty and a Legislative Assembly.
The Legislative Assembly
48. (1) The Legislative Assembly shall consist of nine elected members and two
ex officio members, namely the Attorney-General and the Financial Secretary.
(2) The Legislature may by law increase the number of elected members of
the Legislative Assembly; but no such law shall come into force—
(a) if the additional member or members are not to be elected from an existing electoral district or districts, unless a Bill providing for the
electoral districts and their boundaries to take account of the
additional member or members in accordance with section 79 has
been passed; and
(b) until the dissolution of the Legislative Assembly next following the
enactment of such law.

Elected members
49. The elected members of the Legislative Assembly shall be persons qualified
for election in accordance with section 51, and shall be elected in the manner provided
by law.
Attendance by Deputy Governor and other public officers at meetings of
Legislative Assembly
50. (1) The Deputy Governor may attend and take part in the proceedings of the
Legislative Assembly but shall not thereby become a member of the Assembly and
shall not have the right to vote in the Assembly.
(2) The Speaker, acting in his or her discretion, may summon to the
Legislative Assembly any other public officer when in the opinion of the Speaker the
business before the Assembly renders the presence of such officer desirable.
(3) Any public officer so summoned shall be entitled to take part in the
proceedings of the Legislative Assembly relating to the matter in respect of which he
or she was summoned, but he or she shall not thereby become a member of the
Assembly and shall not have the right to vote in the Assembly.
Qualifications for elected membership
51. (1) Subject to section 52, only a person described in subsection (2) is qualified
to be elected as an elected member of the Legislative Assembly providing the
requirements of subsection (3) are satisfied.
(2) The person referred to in subsection (1) is a person—
(a) who is a Montserratian by virtue of section 107(2)(a) or 107(2)(b)(ii); and
(b) who was born of a father or mother who at the time of the birth was a Montserratian by virtue of section 107(2)(a) or 107(2)(b)(ii).
(3) The requirements referred to in subsection (1) are that the person must—
(a) have attained the age of 21 years;
(b) be a registered voter; and
(c) have been in Montserrat for at least twelve months during the five years immediately preceding the date of his or her nomination for
election.
Disqualifications for elected membership
52. (1) No person shall be qualified to be elected as a member of the Legislative
Assembly who—
(a) is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state and has
not formally renounced it before the expiration of ten days after his or
her nomination for election;

(b) holds or is acting in any public office, in the office of a judge of the High Court or of the Court of Appeal, or in the office of Magistrate;
(c) has been adjudged or otherwise declared bankrupt under any law in force in any country and has not been discharged;
(d) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government and
has not before the expiration of ten days after his or her nomination
for election delivered a notice to the Electoral Commission setting out
the nature of such contract and his or her interest, or the interest of
such firm or company, in it;
(e) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Montserrat;
(f) subject to subsection (2), is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him or
her by a court of law in any country or substituted by competent
authority for some other sentence imposed on him or her by such a
court, or is under such a sentence of imprisonment the execution of
which has been suspended;
(g) is disqualified for membership of the Assembly by virtue of any law in force in Montserrat relating to offences connected with elections;
or
(h) is disqualified for election by any law in force in Montserrat by reason of his or her holding, or acting in, any office the functions of which
involve—
(i) any responsibility for, or in connection with, the conduct of any
election; or
(ii) any responsibility for the compilation or revision of any electoral
register for the purpose of any election.
(2) For the purposes of subsection (1)(f)—
(a) two or more sentences of imprisonment that are required to be served
consecutively shall be regarded as separate sentences if none of those
sentences exceeds twelve months, but if any one of such sentences
exceeds that term they shall be regarded as one sentence; and
(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
(3) The Electoral Commission shall forthwith publish any notice delivered to
it under subsection (1)(d) in such manner as it considers effective for the purpose of informing the electorate before the date of election.
Tenure of office of elected members
53. (1) Every elected member of the Legislative Assembly shall vacate his or her
seat in the Assembly at the next dissolution of the Assembly after his or her election.

(2) Notwithstanding that a member of the Legislative Assembly has vacated
his or her seat by virtue of subsection (1), every such member shall be entitled to
continue receiving the benefits and privileges of a member until the polling day for
election to a new Legislative Assembly, but such benefits and privileges shall cease if
the member fails to win a seat at the general election.
(3) An elected member of the Legislative Assembly shall also vacate his or
her seat in the Assembly—
(a) if he or she resigns it by writing under his or her hand addressed to and received by the Governor;
(b) if he or she is absent from the sittings of the Assembly for such period
and in such circumstances as may be prescribed in Standing Orders;
(c) if he or she ceases to be qualified in accordance with section 51;
(d) if any circumstances arise that, if he or she were not a member of the Assembly, would cause him or her to be disqualified for election as
such by virtue of section 52(1)(a), (b), (c), (e), (g) or (h); or
(e) if he or she becomes a party to any contract with the Government, or if any firm in which he or she is a partner, or any company of which
he or she is a director or manager, becomes a party to any such
contract, or if he or she becomes a partner in a firm, or a director or
manager of a company, which is a party to any such contract, and he
or she has not disclosed to the Assembly within ten days the nature of
such contract and his or her interest, or the interest of such firm or
company, in it.
(4) Subject to subsection (6), if any elected member of the Legislative
Assembly is sentenced by a court of law in any country to imprisonment (by whatever
name called) for a term exceeding twelve months, he or she shall forthwith cease to
perform his or her functions as a member of the Assembly and his or her seat in the
Assembly shall become vacant at the expiration of a period of 30 days thereafter.
(5) The Governor, acting in his or her discretion, may, at the request of the
member, from time to time extend the period of 30 days referred to in subsection (4)
for further periods of 30 days to enable the member to pursue any appeal in respect of
his or her conviction or sentence; but extensions of time exceeding in the aggregate
330 days shall not be given without the approval, signified by resolution, of the
Legislative Assembly.
(6) If at any time before the member vacates his or her seat under subsection
(4) he or she is granted a free pardon or his or her conviction is set aside or his or her
sentence is reduced to a term of imprisonment of twelve months or less or a
punishment other than imprisonment is substituted, the seat of that member shall not
become vacant under subsection (4) and he or she may resume the performance of his
or her functions as a member.
(7) For the purposes of subsections (4) and (6)—
(i) where a person is sentenced to two or more terms of
imprisonment that are required to be served consecutively each of

those terms shall be regarded as a separate term of imprisonment;
and
(ii) no account shall be taken of a sentence of imprisonment imposed
as an alternative to or in default of the payment of a fine.
Validity of proceedings
54. Subject to section 65, the Legislative Assembly shall not be disqualified for the
transaction of business by reason of any vacancy in its membership, and the validity of
the transaction of business in the Assembly shall not be affected by reason only of the
fact that some person who was not entitled to do so sat or voted in the Assembly or
otherwise took part in its proceedings.
Determination of questions as to membership
55. Any question whether—
(a) any person has been validly elected as a member of the Legislative Assembly; or
(b) any elected member of the Assembly has vacated his or her seat in the Assembly or is required by virtue of section 53(4) to cease to perform
his or her functions as a member,
shall be referred to and determined by the High Court in accordance with any law in
force in Montserrat and, subject to any such law, in accordance with any directions
given by the Chief Justice.
Filling of vacancies
56. Whenever the seat of an elected member of the Legislative Assembly becomes
vacant the vacancy shall be filled by election in the manner provided by law.
Temporary members
57. (1) Whenever one of the ex officio members of the Legislative Assembly is absent from Montserrat or is performing the functions of the office of Governor, a
person may be appointed by the Governor, by instrument under the public seal, to be a
temporary member of the Assembly.
(2) Where an appointment is made under this section—
(a) the person appointed shall be a person holding a public office;
(b) subject to subsection (4), he or she shall hold his or her appointment during Her Majesty’s pleasure; and
(c) so long as his or her appointment shall subsist this Constitution shall, subject to subsection (4), apply to him or her as if he or she were an
ex officio member of the Legislative Assembly.
(3) The Governor shall forthwith report to Her Majesty through a Secretary of
State every appointment made under this section.

(4) An appointment made under this section may be revoked by the Governor
by instrument under the public seal and shall in any case cease to have effect if the
person appointed is notified by the Governor that the circumstances giving rise to the
appointment have ceased to exist.
(5) In the exercise of the powers conferred on him or her by this section the
Governor shall act in his or her discretion.
Sessions and meetings of Legislative Assembly
58. (1) The sessions of the Legislative Assembly shall be held at such times and
places as the Speaker may appoint by proclamation published in the Gazette; but there
shall be at least one session in every year, and a session shall be held within one
month after every general election at such time and place as the Governor may appoint
by proclamation so published.
(2) When the Legislative Assembly is in session, the Speaker may call
meetings of the Assembly from time to time and, if no meeting has been called sooner,
shall call a meeting within two months of the previous meeting except during the
month designated by the Assembly by resolution as the recess.
Speaker and Deputy Speaker
59. (1) When the Legislative Assembly first meets after any general election and
before it proceeds to the despatch of any other business, it shall elect a person to be the
Speaker of the Assembly.
(2) If the office of Speaker falls vacant for any reason other than a dissolution
of the Legislative Assembly, the Assembly shall, as soon as practicable, elect another
person to that office.
(3) The Speaker shall be elected from among the elected members of the
Legislative Assembly who are not members of the Cabinet, or from among persons
who are not members of the Assembly; but no person shall be elected as Speaker if—
(a) he or she is not qualified in accordance with section 51; or
(b) he or she is a person disqualified for election as an elected member of the Assembly by virtue of any provision of section 52(1) other than
paragraph (d).
(4) When the Legislative Assembly first meets after any general election and
before it proceeds to the despatch of any other business except the election of the
Speaker, it shall elect a member of the Assembly who is not a member of the Cabinet
to be Deputy Speaker of the Assembly.
(5) If the office of Deputy Speaker falls vacant for any reason other than a
dissolution of the Legislative Assembly, the Assembly shall, as soon as practicable,
elect another such member to that office.
(6) A person shall vacate the office of Speaker or Deputy Speaker—
(a) on a dissolution of the Legislative Assembly; but a person so vacating
the office of Speaker shall be entitled to continue receiving the

benefits and privileges of that office until another person is elected to
that office;
(b) if he or she announces his or her resignation from his or her office to the Assembly or if by writing under his or her hand addressed to the
Assembly and received by the Clerk of the Assembly he or she
resigns that office; or
(c) if he or she becomes a member of the Cabinet.
(7) A person shall also vacate the office of Speaker—
(a) if he or she ceases to be qualified in accordance with section 51;
(b) if any circumstances arise that would cause him or her to be disqualified for election as an elected member of the Legislative
Assembly by virtue of any provision of section 52(1) other than
paragraph (d);
(c) on the expiration of a period of 30 days from the date of his or her election if he or she was at that date a party to, or a partner in a firm
or a director or manager of a company which is a party to, any
contract with the Government and if, before the expiration of that
period, he or she has not disclosed to the Assembly the nature of such
contract and his or her interest, or the interest of such firm or
company, in it, and the Assembly has not exempted him or her from
vacating his or her office under this paragraph:
(d) if any circumstances arise that, if he or she is or were an elected member, would cause him or her to vacate his or her seat under
section 53(3)(e); or
(e) if a motion of no confidence in the Speaker receives in the Legislative Assembly the votes of at least two-thirds of all the elected members
of the Assembly.
(8) A person shall also vacate the office of Deputy Speaker if he or she ceases
to be a member of the Legislative Assembly for any reason other than a dissolution of
the Assembly.
Presiding in Legislative Assembly
60. (1) The Speaker or, in his or her absence, the Deputy Speaker or, if they are
both absent, a member of the Legislative Assembly (not being a member of the
Cabinet) elected by the Assembly for that sitting shall preside at each sitting of the
Assembly.
(2) References in this section to circumstances in which the Speaker or
Deputy Speaker is absent include references to circumstances in which the office of
Speaker or Deputy Speaker is vacant.
Leader of the Opposition
61. (1) There shall be a Leader of the Opposition who shall be appointed by the
Governor by instrument under the public seal.

(2) The Governor shall appoint as Leader of the Opposition the member of the
Legislative Assembly who in the judgement of the Governor is best able to command
the support of the members of the Assembly in opposition to the Government.
(3) If at any time between the polling in a general election and the next
following dissolution of the Legislative Assembly the Governor is satisfied that, if the
office of the Leader of the Opposition were then vacant, he or she would in
accordance with subsection (2) appoint to that office a person other than the person
then holding it, the Governor shall revoke the appointment of the Leader of the
Opposition.
(4) The office of the Leader of the Opposition shall also become vacant—
(a) if for any reason other than a dissolution of the Legislative Assembly the holder of that office ceases to be a member of the Assembly; or
(b) if the holder of that office is appointed as a Minister.
(5) In the exercise of the functions conferred on him or her by this section the
Governor shall act in his or her discretion.
(6) If at any time the Governor is unable to appoint a person as Leader of the
Opposition in accordance with this section, then, during any period while there is no
Leader of the Opposition—
(a) the Governor may exercise in his or her discretion any function which this Constitution requires the Governor to exercise in accordance with
the advice of, or after consultation with, the Leader of the Opposition;
and
(b) the National Advisory Council shall be deemed to be validly constituted notwithstanding the absence of a Leader of the
Opposition.
Governor’s right to address Legislative Assembly
62. The Governor shall have the right to address the Legislative Assembly.
Standing Committees
63. (1) The Legislative Assembly shall establish at least two Standing
Committees of the Assembly, each of which shall be charged with responsibility for
monitoring the conduct of business of the Government for which responsibility has
been assigned to a Minister under section 38; and one such Committee shall be
charged with responsibility for monitoring the public accounts and shall be called the
Public Accounts Committee.
(2) Each Standing Committee shall consist of members of the Legislative
Assembly who are not members of the Cabinet, and at least one Committee shall be
presided over by a member of the Assembly in opposition to the Government (if there
is any such member).
(3) Each Standing Committee shall have power—
(a) to summon any Minister, or any public officer of a department of government for which a Minister is responsible, to appear before it;

(b) subject to any law in force in Montserrat or to Standing Orders, to require any person so summoned to answer questions and provide
information about the conduct of business of the Government by the
Minister or department concerned.
(4) Each Standing Committee shall report on its activities to the Legislative
Assembly as often as may be deemed necessary but at least annually.
(5) The Legislative Assembly shall publish reports submitted to it under
subsection (4).
(6) Subject to this section, Standing Orders shall provide for the composition
and functions of, and proceedings and conduct of business before, Standing
Committees.
Oaths or affirmations of members
64. No member of the Legislative Assembly shall be permitted to take part in the
proceedings of the Assembly (other than proceedings necessary for the purpose of this
section) until he or she has made and subscribed before the Assembly oaths or
affirmations of allegiance and for the due execution of his or her office in the forms
set out in the Schedule; but the election of the Speaker and Deputy Speaker may take
place before the members of the Assembly have made such oaths or affirmations.
Quorum
65. (1) If at any sitting of the Legislative Assembly any member who is present
draws the attention of the person presiding at the sitting to the absence of a quorum
and, after such interval as may be prescribed in Standing Orders, the person presiding
at the sitting ascertains that a quorum of the Assembly is still not present the
Assembly shall be adjourned.
(2) A quorum of the Legislative Assembly shall consist of six members
besides the person presiding at the sitting.
Voting
66. (1) Subject to subsection (2) and to sections 34(1), 59(7)(e) and 114(2), all questions proposed for decision in the Legislative Assembly shall be determined by a
majority of the votes of the members present and voting.
(2) The person presiding shall not vote unless on any question the votes are
equally divided, in which case he or she shall have and may exercise a casting vote;
but where the motion before the Legislative Assembly is that it should declare a lack
of confidence in the Government, the Speaker shall not have a casting vote.
Prorogation and dissolution
67. (1) The Governor, acting in accordance with the advice of the Premier, may at
any time, by proclamation published in the Gazette, prorogue the Legislative Assembly.
(2) The Governor, acting after consultation with the Premier, may at any time,
by proclamation published in the Gazette, dissolve the Legislative Assembly.

(3) The Governor shall dissolve the Legislative Assembly at the expiration of
five years from the date of the first sitting of the Assembly after any general election
unless it has been sooner dissolved.
Recalling dissolved Legislative Assembly in case of emergency
68. If, between a dissolution of the Legislative Assembly and the next ensuing
general election, an emergency arises of such a nature that, in the opinion of the
Governor, it is necessary for the Assembly to be recalled, the Governor may, acting
after consultation with the Premier, summon the Assembly that has been dissolved,
and that Assembly shall thereupon be deemed (except for the purposes of section 69)
not to have been dissolved, but shall be deemed (except as aforesaid) to be dissolved
on the date on which the next ensuing general election is held.
General elections
69. A general election for the elected members of the Legislative Assembly shall
be held at such time within three months, but not less than 21 days, after every
dissolution of the Assembly as the Governor shall appoint by proclamation published
in the Gazette.
Introduction of Bills, motions and petitions
70. (1) Subject to this Constitution and to Standing Orders, any member of the
Legislative Assembly may introduce any Bill or propose any motion for debate in, or
may present any petition to, the Assembly, and the same shall be debated and disposed
of according to Standing Orders.
(2) Except with the approval of the Cabinet signified by a Minister, the
Legislative Assembly shall not—
(a) proceed on any Bill (including any amendment to a Bill) which, in the opinion of the person presiding in the Assembly, would dispose of or
charge any public revenue or public funds of Montserrat or alter any
disposition of them or charge on them or impose, alter or repeal any
rate, tax or duty;
(b) proceed on any motion (including any amendment to a motion) the
effect of which, in the opinion of the person presiding in the
Assembly, is that provision should be made for any of those purposes;
or
(c) receive any petition which, in the opinion of the person presiding in the Assembly, requests that provision be made for any of those
purposes.
Power to make laws
71. Subject to this Constitution, the Legislature shall have power to make laws for the peace, order and good government of Montserrat.

Standing Orders
72. Subject to this Constitution, the Legislative Assembly may make, amend and
revoke Standing Orders for the regulation and orderly conduct of its own proceedings
and the despatch of business, and the passing, entitling and numbering of Bills and
their presentation to the Governor for assent.
Penalty for unauthorised persons sitting or voting
73. (1) Any person who sits or votes in the Legislative Assembly knowing or
having reasonable grounds for knowing that he or she is not entitled to do so shall be
liable to a penalty which shall be prescribed by law.
(2) The said penalty shall be recoverable by action in the High Court at the
suit of the Director of Public Prosecutions.
Assent to Bills
74. (1) A Bill shall not become a law until either—
(a) the Governor has assented to it in Her Majesty’s name and on Her Majesty’s behalf and has signed it in token of such assent; or
(b) Her Majesty has given Her assent to it through a Secretary of State and the Governor has signified such assent by proclamation published
in the Gazette.
(2) When a Bill is presented to the Governor for assent the Governor shall
declare that he or she assents or refuses to assent to it or that he or she reserves the Bill
for the signification of Her Majesty’s pleasure; but, unless he or she has been
authorised by a Secretary of State to assent to it, the Governor shall reserve for the
signification of Her Majesty’s pleasure any Bill which appears to him or her, acting in
his or her discretion—
(a) to be inconsistent with any international obligation of Her Majesty’s Government in the United Kingdom;
(b) to be likely to prejudice the Royal prerogative, or the efficiency of the judiciary, or to affect any of the matters mentioned in section 39; or
(c) to be in any way repugnant to or inconsistent with this Constitution.
(3) A law assented to by the Governor shall come into force on the date on
which such assent shall be given, unless it shall be enacted either in such law or in
some other enactment that it shall come into force on some other date, in which case it
shall come into force on that date.
(4) A Bill reserved for the signification of Her Majesty’s pleasure shall
become a law as soon as Her Majesty has given Her assent to it, through a Secretary
of State, and such assent has been signified by proclamation published in the Gazette; and every such law shall come into force on the date of such proclamation, unless it shall be enacted either in such law or in some other enactment that it shall come into
force on some other date, in which case it shall come into force on that date.

Words of enactment
75. In every Bill presented to the Governor for assent the words of enactment shall
be as follows—
“Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice
and consent of the Legislative Assembly of Montserrat, and by the authority of
the same as follows:–”.
Disallowance of laws
76. (1) Any law assented to by the Governor may be disallowed by Her Majesty
through a Secretary of State; but no law shall be disallowed until the expiration of a
period notified by a Secretary of State to the Governor, who shall advise the Speaker
of that period, in order to give the Legislative Assembly an opportunity to reconsider
the law in question.
(2) Whenever any law has been disallowed by Her Majesty the Governor
shall, as soon as practicable, cause notice of such disallowance to be published in the
Gazette and the law shall be annulled with effect from the date of publication of that notice.
(3) Section 16(1) of the Interpretation Act 1978( a ) shall apply to the
annulment of any law under this section as it applies to the repeal of an Act of
Parliament, save that any enactment repealed or amended in pursuance of that law
shall have effect as from the date of the annulment as if that law had not been made.
Privileges, immunities and powers of Legislative Assembly
77. The Legislature may by law determine and regulate the privileges, immunities
and powers of the Legislative Assembly and its members, but no such privileges,
immunities or powers shall exceed those of the Commons House of Parliament of the
United Kingdom or of its members.
PART V
ELECTORAL COMMISSION
Establishment and functions of Electoral Commission
78. (1) There shall be an Electoral Commission for Montserrat.
(2) The Electoral Commission shall consist of—
(a) a Chairman appointed by the Governor, acting in his or her discretion;
(b) a member appointed by the Governor, acting in accordance with the advice of the Premier;
(c) a member appointed by the Governor, acting in accordance with the advice of the Leader of the Opposition; and
a 1978 c. 30

(d) a member to represent the public interest appointed by the Governor, acting after consultation with such representatives of civil society as
the Governor, acting in his or her discretion, thinks appropriate.
(3) A person shall not be qualified to be appointed as a member of the
Electoral Commission if he or she is a public officer.
(4) The Chairman or other member of the Electoral Commission shall vacate
his or her office—
(a) at the expiration of five years from the date of his or her appointment;
(b) if he or she becomes a public officer; or
(c) if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions
of his or her office (whether arising from infirmity of body or mind or
any other cause) or for misbehaviour.
(5) The Electoral Commission may regulate its own procedure and, with the
consent of the Governor, acting in his or her discretion, may confer functions on any
public officer or on any authority of the Government for the purpose of the discharge
of its functions.
(6) The Electoral Commission may act notwithstanding any vacancy in its
membership (including any vacancy not filled when appointments of members are
first made) and its proceedings shall be valid even though some person who was not
entitled to do so took part in them; but any decision of the Commission shall require
the concurrence of not less than three of its members.
(7) The Electoral Commission shall—
(a) have the functions conferred on it by sections 52(3), 79, 96(2) and 114(1);
(b) supervise elections in Montserrat in accordance with any law regulating the conduct of elections; and
(c) have such other functions as may be prescribed by Act of the Legislature.
(8) An Act of the Legislature may make further provision, subject to this
Constitution, for the functions and procedures of the Electoral Commission, and for
the protection, privileges and remuneration of members of the Commission.
(9) In the exercise of its functions, the Electoral Commission shall not be
subject to the direction or control of any other person or authority.
Review and alteration of electoral districts
79. (1) Whenever—
(a) the Legislative Assembly, by resolution; or
(b) the Governor, acting after consultation with the Premier and the
Leader of the Opposition,

so requests, the Electoral Commission shall review the electoral district or, if there is
more than one, the boundaries of the electoral districts into which Montserrat is
divided and, taking into account the changes or proposed changes, if any, in the
number of electoral districts, shall submit a report to the Governor and the Legislative
Assembly containing its recommendations for the establishment of, or any changes in,
the boundaries of the electoral districts.
(2) In determining its recommendations in relation to more than one electoral
district, the Electoral Commission shall seek to ensure that electoral districts contain,
so far as is reasonably practicable, approximately equal numbers of persons qualified
to be registered as electors under the law then in force in Montserrat; but the
Commission may depart from this principle to such extent as it considers expedient in
order to take into account—
(a) the density of population and, in particular, the need to ensure adequate representation of sparsely populated areas;
(b) the means of communication; and
(c) geographical features and natural boundaries.
(3) As soon as may be after the Electoral Commission has submitted a report
under this section, the Governor shall cause a Bill to be introduced into the Legislative
Assembly for giving effect, whether with or without modifications, to the
recommendations contained in the report; and such a Bill—
(a) may contain provision for any matters which are incidental to or consequential on its principal provisions; and
(b) shall include a provision for the coming into force of the measure when enacted for the determination of the electoral districts to which
it relates upon the dissolution of the Legislative Assembly next
following its enactment.
(4) Where any Bill introduced under this section proposes to give effect to the
recommendations of the Electoral Commission with modifications, there shall be laid
before the Legislative Assembly at the same time a statement of the reasons for the
modifications.
PART VI
THE JUDICATURE
Eastern Caribbean Supreme Court
80. The Supreme Court Order 1967 a shall continue to apply to Montserrat as it
applied immediately before the commencement of this Constitution, and accordingly
the High Court and the Court of Appeal of the Eastern Caribbean Supreme Court shall
continue to have jurisdiction in Montserrat.
a S.I. 1967/223, amended by S.I. 1983/1108, 2000/3060

Subordinate courts and tribunals
81. There shall be such courts and tribunals in and for Montserrat subordinate to
the Eastern Caribbean Supreme Court, and such courts and tribunals shall have such
jurisdiction and powers, as may be prescribed by any law.
PART VII
THE PUBLIC SERVICE
Public Service Commission
82. (1) There shall be a Public Service Commission for Montserrat, which shall
consist of a Chairman and five other members.
(2) Of the members of the Public Service Commission—
(a) the Chairman shall be appointed by the Governor, acting in his or her discretion;
(b) one member shall be appointed by the Governor, acting in accordance with the advice of the Premier;
(c) one member shall be appointed by the Governor, acting after consultation with the Premier;
(d) one member shall be appointed by the Governor, acting in accordance with the advice of the Leader of the Opposition;
(e) one member shall be appointed by the Governor, acting after consultation with the Leader of the Opposition; and
(f) one member shall be appointed by the Governor, acting after consultation with the Civil Servants Association.
(3) The members of the Public Service Commission shall be appointed by
instrument under the public seal for such period, not being less than two years nor
more than four years, as may be specified in their respective instruments of
appointment.
(4) No person shall be qualified to be appointed as a member of the Public
Service Commission if he or she is or has been within the preceding three years—
(a) an elected member of the Legislative Assembly;
(b) the holder of any office in any political party; or
(c) a public officer.
(5) The office of a member of the Public Service Commission shall become
vacant—
(a) at the expiration of the period specified in the instrument by which he or she was appointed;
(b) if he or she resigns his or her office by writing under his or her hand addressed to the Governor;

(c) if he or she becomes an elected member of the Legislative Assembly, the holder of any office in any political party, or a public officer; or
(d) if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions
of his or her office (whether arising from infirmity of body or mind or
any other cause) or for misbehaviour.
(6) Whenever the office of the Chairman of the Public Service Commission is
vacant or the holder of that office is for any reason unable to perform the functions of
that office, such one of the other members of the Commission as the Governor, acting
in his or her discretion, may appoint shall act in the office of the Chairman; and any
person so appointed shall, subject to subsection (5), continue so to act until he or she
is notified by the Governor, acting in his or her discretion, that the circumstances
giving rise to the appointment have ceased to exist.
(7) If the office of a member of the Public Service Commission other than the
Chairman is vacant or the holder of that office is acting as the Chairman or is for any
other reason unable to perform the functions of his or her office, the Governor, acting
in the manner prescribed by subsection (2) for the appointment of that member, may
appoint a person who is qualified for appointment as a member of the Commission to
act as a member of the Commission; and any person so appointed shall, subject to
subsection (5), continue so to act until he or she is notified by the Governor, acting in
his or her discretion, that the circumstances giving rise to the appointment have ceased
to exist.
(8) No business shall be transacted at any meeting of the Public Service
Commission if there are less than four members of the Commission present including
the Chairman.
(9) Any question proposed for decision at any meeting of the Public Service
Commission shall be determined by a majority of the votes of the members of the
Commission; and if on any question the votes are equally divided the Chairman shall
have and exercise a casting vote.
(10) The Public Service Commission shall be served by a secretariat, the
members of which shall be public officers.
(11) The Public Service Commission must be impartial and must exercise its
functions without fear, favour or prejudice, in the interest of the maintenance of
effective and efficient public administration and a high standard of professional ethics
in the public service.
(12) Subject to subsection (8), the Public Service Commission may act
notwithstanding any vacancy in its membership, and its proceedings shall be valid
even though some person who was not entitled to do so took part in them.
Functions and operation of Public Service Commission
83. (1) The Public Service Commission shall have—
(a) such advisory functions in relation to the appointment, discipline and
removal of public officers; and
(b) such oversight and other functions in relation to the public service,

as may be prescribed by law.
(2) The Legislature may by law make further provision for the Public Service
Commission not inconsistent with this Constitution.
(3) No law, and nothing done by the Public Service Commission under any
law, may in any way affect the powers conferred on the Governor by sections 84(3)
and (4) and 85(3) and (4).
Appointment, discipline and removal of public officers
84. (1) Power to make appointments to public offices, and to remove or exercise
disciplinary control over persons holding or acting in such offices, shall be exercised
by the Deputy Governor in accordance with section 24 and subject to regulations
made under this section.
(2) The Deputy Governor shall consult with the Premier before appointing
any person to the office of permanent secretary.
(3) Regulations made by the Governor, acting in his or her discretion, may
provide for the delegation to any other public officer, to such extent and subject to
such conditions as may be prescribed in the regulations, of any of the powers
conferred on the Deputy Governor by section 24(2)(a).
(4) Where the Governor, acting in his or her discretion, determines that the
exercise of the powers conferred on the Deputy Governor by section 24(2)(a) or
delegated to another public officer pursuant to subsection (3) would prejudice Her
Majesty’s service, the Governor shall give directions as to the exercise of those
powers to the Deputy Governor or, as the case may be, the other public officer to
whom powers have been delegated, and the Deputy Governor or, as the case may be,
the other public officer shall comply with those directions.
(5) This section shall not apply to—
(a) any office mentioned in section 85;
(b) any office in the police service.
Particular offices
85. (1) Power to make appointments to the offices of Deputy Governor and
Financial Secretary is vested in the Governor, acting after consultation with the
Premier, and, subject to subsection (5), power to remove or exercise disciplinary
control over persons holding or acting in either office is vested in the Governor, acting
in his or her discretion.
(2) Power to make appointments to the offices of Attorney-General, Director
of Public Prosecutions and Registrar of the High Court, and to any other office
requiring legal qualifications as may be prescribed by law, and, subject to subsection
(5), to remove or exercise disciplinary control over any person holding or acting in any such office, is vested in the Governor, acting after consultation with the Chief
Justice.
(3) If any law provides for the Public Service Commission to provide advice
to the Governor in the exercise of his or her powers under subsections (1) and (2), the

Governor shall act otherwise than in accordance with the advice of the Public Service
Commission if the Governor, acting in his or her discretion, determines that
compliance with that advice would prejudice Her Majesty’s service.
(4) Power to make appointments to the office of Commissioner of Police, and
to remove or exercise disciplinary control over any person holding or acting in that
office, is vested in the Governor, acting after consultation with the Premier.
(5) A person holding the office of Deputy Governor, Attorney-General,
Financial Secretary or Director of Public Prosecutions may be removed from office
only for inability to discharge the functions of his or her office (whether arising from
infirmity of body or mind or any other cause) or for misbehaviour, and with the prior
approval of a Secretary of State.
Applicability of pensions law
86. (1) Subject to section 88, the law applicable to the grant and payment to any
officer, or to his or her widow or widower, children, dependants or personal
representatives, of any pension, gratuity or other like allowance (in this section and in
sections 87 and 88 referred to as “an award”) in respect of the service of that officer
in a public office shall be that in force on the relevant day or any later law not less
favourable to the person concerned.
(2) For the purposes of this section the relevant day is—
(a) in relation to an award granted before the appointed day, the day on
which the award was granted;
(b) in relation to an award granted or to be granted on or after the appointed day to or in respect of a person who was a public officer
before that day, the day immediately before that day;
(c) in relation to an award granted or to be granted to or in respect of a person who first becomes a public officer on or after the appointed
day, the day on which he or she becomes a public officer.
(3) For the purposes of this section, in so far as the law applicable to an award
depends on the option of the person to or in respect of whom it is granted or to be
granted, the law for which he or she opts shall be taken to be more favourable to him
or her than any other law for which he or she might have opted.
(4) In this section “the appointed day” means the date of commencement of
this Constitution.
Pensions, gratuities and allowances charged on Consolidated Fund
87. Awards granted under any law shall (except so far as they are a charge on
some other fund and are duly paid out of that fund to the person to whom payment is
due) be charged on and paid out of the Consolidated Fund.
Grant and withholding of pensions, gratuities and allowances
88. (1) The power to grant any award under any pensions law (other than an
award to which, under that law, the person to whom it is payable is entitled as of right)
and, in accordance with any provisions in that respect contained in any such law, to

withhold, reduce in amount or suspend any award payable under any such law is
vested in the Governor, acting after consultation with the Public Service Commission.
(2) In this section, “pensions law” means any law relating to the grant to any
person, or to the widow or widower, children, dependants or personal representatives
of that person, of an award in respect of the services of that person in a public office,
and includes any instrument made under any such law.
PART VIII
FINANCE
Taxation
89. (1) No tax, rate or other levy shall be imposed except under the authority of an
Act of the Legislature.
(2) Where an Act of the Legislature confers powers on any person or authority
to waive or vary a tax imposed by that law, that person or authority shall report to the
Legislative Assembly on the exercise of those powers as often as shall be determined
by law but not less than annually.
Consolidated Fund
90. (1) There shall be a Consolidated Fund into which shall be paid all revenues
or other moneys raised or received by and for the purposes of the Government.
(2) The revenues or other moneys referred to in subsection (1) shall not
include revenues or other moneys—
(a) that are payable by or under an Act of the Legislature into some other fund established for a specific purpose; or
(b) that may, by or under an Act of the Legislature, be retained by the department of government that received them for the purpose of
defraying the expenses of that department.
Withdrawal from Consolidated Fund or other public funds
91. (1) No moneys shall be withdrawn from the Consolidated Fund except—
(a) to meet expenditure charged on the Fund by this Constitution or by an Act of the Legislature; or
(b) where the issue of those moneys has been authorised by an Appropriation Act, a Supplementary Appropriation Act, or as
provided in subsection (3).
(2) No moneys shall be withdrawn from any public fund of Montserrat other
than the Consolidated Fund unless the issue of those moneys has been authorised by
law.
(3) If the Minister of Finance is satisfied that the Appropriation Act in respect
of any financial year will not or has not come into force by the beginning of that
financial year, that Minister may, subject to subsection (4), authorise the issue of
moneys from the Consolidated Fund for the purpose of meeting expenditure necessary

to carry on the services of the Government until the expiration of four months from
the beginning of that financial year or the coming into force of the Appropriation Act,
whichever is the earlier.
(4) Any sum issued in any financial year from the Consolidated Fund under
subsection (3) in respect of any ongoing service of the Government—
(a) shall not exceed one third of the amount approved for that service by the Legislature in an Appropriation Act or a Supplementary
Appropriation Act for the previous financial year; and
(b) shall be set off against the amount provided in respect of that service in the Appropriation Act for that financial year when that law comes
into force.
Financial year estimates
92. (1) The Minister of Finance shall cause to be prepared and laid before the
Legislative Assembly before the beginning of each financial year estimates of
revenues and expenditure of the Government for that financial year.
(2) At any time before the Legislative Assembly considers the estimates of
revenues and expenditure laid before it by or on the authority of the Minister of
Finance, an appropriate committee of the Assembly may discuss and review the
estimates and make appropriate recommendations to the Assembly.
(3) Notwithstanding subsection (1) the Minister of Finance may cause to be
prepared and laid before the Legislative Assembly—
(a) fiscal and monetary programmes and plans for economic and social development covering periods exceeding one year;
(b) estimates of revenue and expenditure covering periods exceeding one year; and
(c) estimates of non-financial outputs.
(4) The Legislature shall enact laws giving effect to this section.
Appropriation Bill
93. (1) The heads of expenditure contained in the estimates, other than
expenditure charged on the Consolidated Fund by this Constitution or any Act of the
Legislature, shall be included in a Bill, to be known as an Appropriation Bill, which
shall be introduced into the Legislative Assembly to provide for the issue from the
Consolidated Fund of the sums necessary to meet that expenditure and the
appropriation of those sums for the purposes specified in the Bill.
(2) If in respect of any financial year it is found that the amount appropriated
for any purpose under the Appropriation Act is insufficient or that a need has arisen
for expenditure for a purpose for which no amount has been appropriated by that Act, a supplementary estimate showing the sums required shall be laid before the
Legislative Assembly by the Minister of Finance; and the heads of expenditure
contained in that estimate shall be included in a Bill, to be known as a Supplementary
Appropriation Bill, which shall be introduced into the Legislative Assembly to

provide for the issue from the Consolidated Fund of the sums necessary to meet that
expenditure and the appropriation of those sums for the purposes specified in the Bill.
Excess expenditure
94. (1) Where, in exceptional circumstances, at the close of accounts for any
financial year it is found that moneys have been expended on any expenditure vote in
excess of the amount appropriated for it by an Appropriation Act or a Supplementary
Appropriation Act or for a purpose for which no moneys have been voted and
appropriated, the amount of the excess expended, or not appropriated, as the case may
be, shall be included in a statement of expenditure in excess which shall be laid before
the Legislative Assembly and referred to the Public Accounts Committee of the
Assembly.
(2) The Public Accounts Committee shall report to the Legislative Assembly
on a statement of expenditure in excess referred to it under subsection (1) within six
months after the statement is referred to it.
(3) Where on receiving any report of the Public Accounts Committee issued
under subsection (2) the Legislative Assembly, by means of a resolution, allows the
excess or the amount expended but not appropriated to stand charged to public funds,
the sum required to meet that excess or such amount as shall be allowed shall be
included in a Supplementary Appropriation Bill for appropriation.
Contingencies
95. (1) The Minister of Finance, if he or she is satisfied that there is an urgent and
unforeseen need for expenditure for which no provision or insufficient provision has
been made by an Appropriation Act or Supplementary Appropriation Act, may, by a
Contingencies Warrant under his or her hand and in anticipation of the grant of an
appropriation by the Legislature, authorise an advance from the Consolidated Fund to
meet that need and shall forthwith report his or her action to the Cabinet.
(2) An advance made under subsection (1) shall be subject to any laws
enacted by the Legislature, and to any restrictions imposed by the Legislative
Assembly by resolution, from time to time.
Remuneration of Speaker and elected members of Legislative Assembly
96. (1) There shall be paid to the Speaker and the elected members of the
Legislative Assembly such remuneration and allowances as may be prescribed by an
Act of the Legislature.
(2) The Legislative Assembly shall not proceed on any Bill for an Act referred
to in subsection (1) unless a report of the Electoral Commission recommending the
appropriate levels of such remuneration and allowances has been laid before the
Assembly and has been published; and no Act shall provide for levels of remuneration
or allowances that exceed the levels recommended in such report.
(3) The remuneration and allowances payable to the Speaker and elected
members of the Legislative Assembly shall be charged on and paid out of the
Consolidated Fund.

Remuneration of certain officers
97. (1) There shall be paid to the holders of the offices to which this section
applies such remuneration and allowances as may be prescribed by or under an Act of
the Legislature.
(2) The remuneration and allowances payable to the holders of those offices
shall be charged on and paid out of the Consolidated Fund.
(3) The remuneration prescribed in pursuance of this section in respect of the
holder of any such office and his or her other terms of service (other than allowances
that are not taken into account in computing, under any law in that respect, 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.
(4) Where a person’s remuneration or other terms of service depend upon his
or her option, the remuneration or terms for which he or she opts shall, for the
purposes of subsection (3), be deemed to be more advantageous to him or her than any
others for which he or she might have opted.
(5) This section applies to the offices of Governor, Deputy Governor,
Attorney-General, Director of Public Prosecutions, Magistrate, Chairman or other
member of the Public Service Commission, the Electoral Commission, the Complaints
Commission and the Integrity Commission.
(6) Nothing in this section shall preclude an Act of the Legislature that
reduces the level of remuneration payable to the holder of any office to which this
section applies where that Act makes equivalent reduction to the remuneration of all
members of the public service.
Power of Government to borrow or lend
98. (1) Subject to this Constitution, the Government may borrow from any source.
(2) The Government shall not borrow, guarantee or raise a loan on behalf of
itself or any other public institution, authority or person except—
(a) as authorised by or under an Act of the Legislature; and
(b) in accordance with any borrowing guidelines agreed with Her
Majesty’s Government in the United Kingdom.
(3) An Act of the Legislature made under subsection (2)(a) shall provide—
(a) that the terms and conditions of the loan shall be laid before the Legislative Assembly and shall not come into force unless they have
been approved by a resolution of the Assembly; and
(b) that any moneys received in respect of that loan shall be paid into the Consolidated Fund and form part of that Fund or into some other
public fund which is existing or is created for the purpose of the loan.
(4) The Minister of Finance shall, at such times as the Legislative Assembly
may determine, cause to be presented to the Assembly such information concerning
any loan as is necessary to show—

(a) the extent of the total indebtedness by way of principal and accumulated interest;
(b) the provision made for servicing or repayment of the loan; and
(c) the utilisation and performance of the loan.
(5) The Legislative Assembly may, by resolution, authorise the Government
to enter into an agreement for the giving of a loan or a grant out of any public fund or
public account.
(6) An agreement entered into pursuant to subsection (5) shall be laid before
the Legislative Assembly and shall not come into force unless it has been approved by
the Assembly by resolution.
(7) For the purposes of this section, the expression “loan” includes any
money lent or given to or by the Government on condition of return or repayment and
any other form of borrowing or lending in respect of which—
(a) moneys from the Consolidated Fund or any other public fund may be used for payment or repayment; or
(b) moneys from any fund by whatever name called, established for the purpose of payment or repayment whether in whole or in part and
whether directly or indirectly, may be used for payment or repayment.
(8) The Legislature may by law exempt any category of loan from subsections
(2)(a) and (3), subject to such conditions as it may so prescribe.
Public Debt
99. (1) The Public Debt of Montserrat shall be charged on the Consolidated Fund
and other public funds of Montserrat.
(2) For the purposes of this section, the Public Debt includes the interest on
that debt, sinking fund payments in respect of that debt, and the costs, charges and
expenses incidental to the management of that debt.
Financial control and accounts
100. (1) The Minister of Finance shall provide the Legislative Assembly with such
reports, information and accounts as may be necessary to ensure that the Assembly is
kept fully informed at all times of the state of the economy of Montserrat and the
finances of the Government.
(2) The Legislature shall make provision by law for the regular publication of
accounts of the Consolidated Fund and any other public funds and for the laying of
such accounts and any reports on them before the Legislative Assembly.
Auditor-General
101. (1) There shall be an Auditor-General for Montserrat.
(2) Power to make appointments to the office of Auditor-General is vested in
the Governor, acting after consultation with the Public Accounts Committee of the
Legislative Assembly.

(3) Power to remove the Auditor-General from office is vested in the
Governor, acting in accordance with subsections (4) to (6).
(4) The Governor shall remove the Auditor-General from office if—
(a) the Auditor-General violates any law concerning the ethics of public leaders; or
(b) the Auditor-General becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds
with creditors, or otherwise makes an assignment of remuneration for
the benefit of creditors.
(5) If the Legislative Assembly in a resolution addressed to the Governor
resolves that the Auditor-General is unable to perform the functions of his or her
office due to misconduct, incapacity or incompetence—
(a) the Governor shall appoint a special tribunal which shall consist of a Chairman and not less than two other members; but the Chairman and
at least half of the other members shall be persons who hold or have
held office as a judge of a court having unlimited jurisdiction in civil
and criminal matters in any part of the Commonwealth or Ireland or a
court having jurisdiction in appeals from such a court;
(b) the special tribunal shall inquire into the matter and report on the facts thereof to the Governor and recommend whether or not the Auditor-
General should be removed from office.
(6) If the special tribunal appointed in accordance with subsection (5)
recommends to the Governor that the Auditor-General should be removed from office
then the Governor shall remove him or her from office.
(7) If the question of removing the Auditor-General from office has been
referred to a special tribunal under subsection (5), the Governor, acting in his or her
discretion, may suspend the Auditor-General from the exercise of the functions of that
office and such suspension shall cease to have effect if the special tribunal
recommends to the Governor that the Auditor-General should not be removed.
(8) The Auditor-General may resign his or her office by writing under his or
her hand addressed to the Governor.
Position and remuneration of Auditor-General
102. (1) The Auditor-General shall by virtue of his or her office be an officer of the
Legislative Assembly.
(2) The terms and conditions of employment including the remuneration and
allowances of the Auditor-General shall be set from time to time by a resolution of the
Legislative Assembly proposed by the Chairman of the Public Accounts Committee of
the Assembly; but any remuneration and allowances shall not be less than the average
rate paid to the Financial Secretary.
(3) The remuneration and allowances of the Auditor-General shall be charged
on and paid out of the Consolidated Fund.

Functions of Auditor-General
103. (1) The Auditor-General shall audit and report on the public accounts of
Montserrat and of all public offices, including the courts, the central and local
government administrations, universities and higher education institutions, and any
public corporations or other bodies or organisations established by an Act of the
Legislature, and may conduct financial and value for money audits in respect of any
project involving public funds.
(2) The Auditor-General shall submit to the Legislative Assembly annually a
report of the accounts audited by him or her under subsection (1) for the immediately
preceding financial year.
(3) For the purposes of subsection (1) the Auditor-General and any person
authorised by him or her shall have a right of access at all reasonable times to all such
documents as appear to him or her to be necessary for the purposes of the audit, and
shall be entitled to require from any person holding or accountable for any such
documents such information and explanation as he or she thinks necessary for those
purposes.
(4) In the exercise of his or her functions, the Auditor-General shall not be
subject to the direction or control of any other person or authority.
National Audit Office
104. (1) The Legislature shall by law make provision for the establishment of an
independent National Audit Office headed by the Auditor-General.
(2) The budget for the National Audit Office shall be charged on and paid out
of the Consolidated Fund, and must at all times be adequate to enable the full
performance of the functions conferred on the Auditor-General by this Constitution or
any other law.
(3) The accounts of the National Audit Office shall be audited and reported on
by an auditor appointed by the Legislative Assembly.
PART IX
PUBLIC STANDARDS
Complaints Commission
105. (1) There shall be a Complaints Commission for Montserrat, the composition,
functions, operation and procedure of which shall, subject to this section, be
prescribed by or under an Act of the Legislature.
(2) The functions of the Complaints Commission shall include, without
prejudice to the jurisdiction of any court of law, encouraging the resolution of human
rights complaints, maladministration complaints and other complaints prescribed by
law, and assisting in their resolution, by providing an independent, fair and accessible process for resolving them.

(3) In the exercise of its functions the Complaints Commission shall not be
subject to the direction or control of any other person or authority, subject to
subsection (4).
(4) The Governor may, in writing, direct the Complaints Commission to
inquire into, and report to him or her in relation to, a matter that can be complained
about in accordance with subsection (2), and the Complaints Commission must
comply with any such direction.
(5) In this section—
“human rights complaint” means a complaint of breach or infringement of a right or
freedom referred to in Part I of this Constitution; and
“maladministration complaint” means a complaint of maladministration in the
government of Montserrat.
Standards in public life
106. (1) The Legislature shall maintain the highest standards in public life by
enacting appropriate laws, which include sanctions that may accompany the failure to
conform to such standards.
(2) In the exercise of their functions Ministers, members of the Legislative
Assembly and public officers shall uphold and conform to the highest standards in
public life, in accordance with the Integrity in Public Office Act 2010.
PART X
MISCELLANEOUS
Interpretation
107. (1) In this Constitution, unless the context otherwise requires—
“Chief Justice” means the Chief Justice referred to in the Supreme Court Order
1967( a );
“Court of Appeal” means the Court of Appeal established by the Supreme Court
Order 1967;
“Deputy Speaker” means the member of the Legislative Assembly elected by the
Assembly as Deputy Speaker under section 59;
“financial year” means the period of twelve months beginning on the first day of
January in any year or such other day as the Legislature may prescribe by law;
“functions” includes powers and duties;
“Gazette” means the official Gazette of Montserrat;
“Government” means the Government of Montserrat;
“High Court” means the High Court established by the Supreme Court Order 1967;
a S.I. 1967/233, amended by S.I. 1983/1108, 2000/3060

“judiciary” means any court having jurisdiction in Montserrat and includes any
member or officer of such court;
“law” includes any subsidiary instrument;
“Legislature” means the Legislature established by section 47;
“Leader of the Opposition” means the person appointed as such under section 61;
“meeting” means any sitting or sittings of the Legislative Assembly commencing
when the Assembly first meets after being summoned at any time and
terminating when the Assembly is adjourned sine die or at the conclusion of a session;
“Minister” means a person appointed as Premier or other Minister under section 33;
“Minister of Finance” means the Minister for the time being responsible for finance;
“misbehaviour” means behaviour that renders a person unfit to discharge his or her
duties;
“political party” means an organisation that sponsors or supports, or that at any time
sponsored or otherwise supported, a candidate for election to the Legislative
Assembly;
“Premier” means the person appointed as such under section 33(1);
“public office” means, subject to section 108, an office of emolument in the public
service, but does not include service as a judge of the High Court or the Court
of Appeal or as a Magistrate;
“public officer” means the holder of any public office and includes any person
appointed to act in any such office;
“public service” means the service of the Crown in a civil capacity in respect of the
government of Montserrat;
“session” means the meetings of the Legislative Assembly commencing when the
Assembly first meets after its prorogation or dissolution at any time, and
terminating when the Assembly is next prorogued or is dissolved without
having been prorogued;
“sitting” means a period during which the Legislative Assembly is sitting
continuously without adjournment, and includes any period during which the
Assembly is in Committee;
“Speaker” means the person elected as Speaker by the Legislative Assembly under
section 59;
“Standing Orders” means the Standing Orders of the Legislative Assembly made
under section 72;
“subsidiary instrument” means any proclamation, regulation, order, rule or other
like instrument having the force of law.
(2) For the purposes of this Constitution, a person shall be regarded as a
Montserratian if that person—
(a) is a British overseas territories citizen who was born in Montserrat; or

(b) is a British overseas territories citizen who was born outside Montserrat and—
(i) who was lawfully adopted by a person who is regarded (or, if
deceased, would if alive be regarded) as a Montserratian by
virtue of this subsection; or
(ii) whose father or mother or any grandparent was born in
Montserrat; or
(iii) whose father or mother or any grandparent became a citizen of
the United Kingdom and Colonies, a British Dependent
Territories citizen or a British overseas territories citizen by
virtue of having been lawfully adopted by a person who is
regarded (or, if deceased, would if alive be regarded) as a
Montserratian by virtue of this subsection; or
(iv) who is ordinarily resident in Montserrat and whose father or
mother or any grandparent by virtue of registration or
naturalisation while resident in Montserrat became a citizen of
the United Kingdom and Colonies, a British Dependent
Territories citizen or a British overseas territories citizen; or
(v) who by virtue of registration or naturalisation while resident in
Montserrat became a citizen of the United Kingdom and
Colonies, a British Dependent Territories citizen or a British
overseas territories citizen; or
(c) was born in or outside Montserrat of a father or mother who was born in Montserrat and is regarded (or, if deceased, would if alive be
regarded) as a Montserratian by virtue of this subsection; or
(d) has been granted Montserratian status in accordance with any law; or
(e) was immediately before the commencement of this Constitution deemed to belong to Montserrat by virtue of any law.
(3) Unless it is otherwise provided or the context otherwise requires, a
reference in this Constitution to the holder of an office by the term designating his or
her office shall be construed as a reference to any person for the time being lawfully
performing the functions of that office.
References to public office
108. (1) For the purposes of this Constitution, a person shall not be considered as
holding or acting in a public office by reason only that he or she—
(a) is in receipt of any remuneration or allowance as a Minister or Parliamentary Secretary, as the Speaker, the Deputy Speaker or
member of the Legislative Assembly, or as the Chairman or other
member of the Public Service Commission, the Electoral Commission or the Complaints Commission;
(b) is in receipt of a pension or other like allowance in respect of service under the Crown; or

(c) is on leave of absence pending relinquishment of a public office.
(2) If it is provided by any law that an office (not being an office constituted
by this Constitution) shall not be a public office for the purposes of section 52(1)(b), this Constitution shall have effect accordingly as if that provision of law were enacted
in it.
Appointments
109. (1) In this Constitution, unless it is otherwise provided or the context
otherwise requires, any reference to power to make appointments to any public office
shall be construed as including a reference to power to make appointments on
promotion and transfer, appointments on contract and appointments to act in an office
during any period when it is vacant or the holder of the office is absent from
Montserrat or is for any other reason unable to perform the functions of the office.
(2) Where the holder of any office constituted by or under this Constitution is
on leave of absence pending the relinquishment of that office, the person or authority
having power to make appointments to that office may appoint another person to that
office; and where two or more persons concurrently hold the same office by virtue of
an appointment made in pursuance of this subsection, the person last appointed shall,
in respect of any function conferred on the holder of that office, be deemed to be the
sole holder of the office.
(3) Where by this Constitution any person is directed, or power is conferred
on any person or authority to appoint a person, to act in an office if the holder of the
office is unable to perform the functions of that office, the validity of any performance
of those functions by the person so directed or of any appointment made in exercise of
that power shall not be called in question in any court on the ground that the holder of
the office is not unable to perform the functions of the office.
Re-election or reappointment
110. Any person who has vacated his or her seat in the Legislative Assembly or
who has vacated any office constituted by or under this Constitution may, if qualified,
again be elected to the Assembly or appointed to that office, as the case may be, from
time to time.
Removal from office
111. In this Constitution, unless it is otherwise provided or the context otherwise
requires, any reference to power to remove a public officer from office shall be
construed as including a reference to any power conferred by any law to require or
permit that officer to retire from the public service and to any power or right to
terminate a contract on which a person is employed as a public officer and to
determine whether any such contract shall or shall not be renewed.
Resignations
112. For the purposes of this Constitution, the resignation of the holder of any
office that is required to be addressed to any person shall have effect from the time
that it is received by that person.

Power to amend or revoke instruments
113. Where any power is conferred by this Constitution to make any subsidiary
instrument or to give any directions or instructions or make any designation, the
power shall be construed as including a power exercisable in like manner to amend or
revoke any such instrument, directions, instructions or designation.
Amendment
114. (1) The Electoral Commission shall keep under review the operation of this
Constitution and report as it considers necessary to the Legislative Assembly.
(2) The Premier, if authorised by resolution of the Legislative Assembly
adopted by a two-thirds majority of the elected members of the Assembly, shall
request discussion of amendment of this Constitution with Her Majesty’s Government
in the United Kingdom.
Meaning of appointed day
115. In sections 116 to 119, “the appointed day” means the day referred to in
section 1(2) of this Order, that is to say the date of commencement of this
Constitution.
Revocations and amendment
116. (1) The following instruments are revoked with effect from the appointed
day—
(a) the Montserrat Constitution Order 1989( a );
(b) the Montserrat Constitution (Amendment) Order 2000( b ); and
(c) the Instructions issued under the Royal Sign Manual and Signet to the Governor of Montserrat on 13th January 1990.
(2) The Leeward Islands (Emergency Powers) Order in Council 1959( c ) shall
cease to apply to Montserrat with effect from the day on which section 18(1) to (8) of
this Constitution comes into force; but any regulations made under that Order that are
in force in Montserrat immediately before that day shall continue in force there until
revoked by the Governor, acting in accordance with section 18 of this Constitution.
Existing laws
117. (1) Subject to this section, the existing laws shall have effect on and after the
appointed day as if they had been made in pursuance of this Constitution and shall be
read and construed with such modifications, adaptations, qualifications and exceptions
as may be necessary to bring them into conformity with this Constitution.
(2) The Legislature may by law make such amendments to any existing law as
appear to it to be necessary or expedient for bringing that law into conformity with
this Constitution or otherwise for giving effect to this Constitution; and any existing
a S.I. 1989/2401
b S.I. 2001/1339 c S.I. 1959/2206

law shall have effect accordingly from such day (not being earlier than the appointed
day) as may be specified in the law made by the Legislature.
(3) In this section “existing law” means any law or instrument having effect
as part of the law of Montserrat immediately before the appointed day but does not
include any Act of the Parliament of the United Kingdom and any instrument made
under such an Act.
Existing offices and officers
118. (1) Any office established by or under the existing Constitution and existing
immediately before the appointed day shall on and after that day, so far as consistent
with this Constitution, continue as if it had been established by or under this
Constitution.
(2) Any person who immediately before the appointed day holds or is acting
in any office continued by virtue of subsection (1) shall, on and after that day,
continue to hold or act in that office as if he or she had been appointed to hold or act
in it in accordance with or under this Constitution.
(3) Any person to whom subsection (2) applies who, before the appointed day,
has made any oath or affirmation required to be made before assuming the functions
of his or her office shall be deemed to have made any like oath or affirmation so
required by this Constitution or any other law.
(4) Notwithstanding subsections (1) and (2), the Public Service Commission
shall be reconstituted in accordance with section 82 and the Governor shall, as soon as
practicable after the appointed day, make appointments to the Commission in
accordance with that section.
(5) The person who, immediately before the appointed day, holds the office of
Chief Minister under the existing Constitution shall, on and after that day, hold the
office of Premier in accordance with this Constitution.
(6) In this section “the existing Constitution” means the Constitution set out
in Schedule 2 to the Montserrat Constitution Order 1989.
Legislative Assembly
119. (1) Every person who immediately before the appointed day is a member of
the Legislative Council shall on that day become a member of the Legislative
Assembly and shall be deemed to have complied with section 64 and shall hold his or
her seat in accordance with this Constitution.
(2) The Standing Orders of the Legislative Council as in force immediately
before the appointed day shall, except as may be otherwise provided under section 72,
have effect on and after that day as if they had been made under that section as
Standing Orders of the Legislative Assembly but shall be construed with such
modifications, adaptations, qualifications and exceptions as may be necessary to bring
them into conformity with this Constitution.
(3) The Governor shall dissolve the Legislative Assembly not later than the
expiration of five years from the date of the first sitting of the Legislative Council
after the last general election before the appointed day.

(4) In this section “Legislative Assembly” means the Legislative Assembly
established by this Constitution, and “Legislative Council” means the Legislative
Council established by the Constitution set out in Schedule 2 to the Montserrat
Constitution Order 1989.
Transitional provision concerning Director of Public Prosecutions
120. Until a person is appointed to the office of Director of Public Prosecutions in
accordance with this Constitution, the Attorney-General shall perform the functions of
that office.
Power reserved to Her Majesty
121. Her Majesty reserves to Herself power, with the advice of Her Privy Council,
to make laws for the peace, order and good government of Montserrat.

Judith Simpson
Clerk of the Privy Council
____________

SCHEDULE
FORMS OF OATHS AND AFFIRMATIONS
1. Oath of allegiance
I ... ... ... ...do swear that I will be faithful and bear true allegiance to Her Majesty
Queen Elizabeth the Second, Her Heirs and Successors, according to law. So help me
God.
2. Affirmation of Allegiance
I ... ... ... ...do solemnly and sincerely affirm and declare that I will be faithful and bear
true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors,
according to law.
3. Oath for due execution of office
I ... ... ... ...do swear that I will well and truly serve Her Majesty Queen Elizabeth the
Second, Her Heirs and Successors, and the people of Montserrat in the office of (here
insert the description of the office). So help me God.
4. Affirmation for due execution of office
I ... ... ... ...do solemnly and sincerely affirm and declare that I will well and truly serve
Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, and the people of
Montserrat in the office of (here insert the description of the office).
____________

LEGISLATIVE ASSEMBLY STANDING ORDERS
ARRANGEMENT OF SECTIONS
SECTION
1. Short title
Meetings
2. Notice of meetings and business to be dealt with
3. Adjournment
4. Absence of members

Duties of the Clerk of the Assembly
5. Order book
6. Minutes of proceedings
7. Business paper
8. Attendance of clerk upon Select Committee
9. Custody of papers

Order of Business
10. Order of business
11. Confirmation of minutes
12. Messages from the Governor
13. Personal explanations
14. Other business
15. Adjournment on matter of urgent public importance

Papers
16. Presentation of papers

Petitions
17. Form of petitions
18. Presentation of petition

Notices
19. Notice of questions and motions
20. Notice of Bills
21. Notice of petition
22. Motions without notice


Questions
23. Questions to members
24. Form of questions
25. Replies
26. Supplementary questions
27. Disallowance of question

Motions
28. Power to move
29. Withdrawal of motions
30. Re-introduction of motions

Amendments
31. Rules as to amendments
32. Order in which amendments taken on question being put
33. Admissibility

Rules of Debate
34. Mode of addressing Council
35. Reference to other members
36. Reflections upon the Crown or upon certain persons in authority
37. How often members may speak
38. Motion or amendment to be seconded
39. Interruptions
40. Relevancy
41. Closure
42. Allocation of time for debate
43. Procedure on question being put
44. Responsibility for order

Divisions
45. Voting
46. Disallowance of vote of member having direct personal pecuniary interest

Breaches of Order
47. Withdrawal of disorderly member
48. Suspension of member named
49. Enforcement of Speaker’s directions


Progress of Bills
50. Constitutional requirements
51. Introduction and first reading of Bills
52. Publication of Bills
53. Suspension of Standing Orders for further readings of Bills
54. Second reading of Bills
55. Procedure in Committee
56. Third reading of Bills
57. Title only to be read
58. Recommittal of Bills
59. Governor’s amendments
60. Withdrawal of Bills
61. Bills on the same subject matter

Select Committees
62. Select Committees
63. Replacing members
64. Report of Select Committees

Standing Committee
65. Public Accounts Committee

Financial Procedure
66. Presentation of Appropriation Bill
67. Procedure in Committee of Supply
68. Amendments to heads of estimates in Committee of Supply
69. Third reading of Appropriation Bill
70. Supplementary Appropriation Bills

Private Rights and Private Bills
71. Private rights affected by Bills
72. Examination of witnesses
73. Private Bills
74. Cost of private Bills

Supplemental
75. Strangers
76. Press
77. Suspension of Standing Orders

78. Practice of Parliament


LEGISLATIVE ASSEMBLY STANDING ORDERS
(S.R.O.s 6/1972, 35/1975, 20/1988, 43/2006 and Act 9 of 2011)
Commencement
[8 March 1972]
Short title
1. These Orders may be cited as the Legislative Assembly Standing Orders.
(Amended by Act 9 of 2011)
Meetings
Notice of meetings and business to be dealt with
2. (1) The Assembly shall meet on such days as the Speaker shall determine:
Provided, however, that the meetings of Assembly shall be held at least once in every
two months.
(2) Not less than seven days before the date of a meeting the Clerk of the
Assembly shall post or otherwise despatch a notice of the meeting and of the business
to be dealt with, addressed to each member at his usual place of abode or such address
as a member may have registered with the Clerk of the Assembly as that to which he
wishes such notice to be sent. The notice shall set out the subjects for discussion as
enumerated in the Order Book at the time of sending such notice: Provided that, in the
case of any emergency, of which the Governor shall be the sole judge, a meeting may
be summoned on such shorter notice he may determine, and such notice may be given
to members by such means as the urgency of the case permits.
(3) The hour of the meeting shall be 10 a.m. unless some other hour shall have
been fixed by the Speaker.
(4) When the Assembly has adjourned to a special date no further notice shall
be necessary, unless such date shall be more than seven days after the adjourned
meeting.
(5) Notwithstanding subparagraph (1) the Assembly shall not meet in the
month of August except in the case of an emergency of which the Governor shall be
the sole Judge. (Substituted by S.R.O. 20/1988 and amended by Act 9 of 2011)
Adjournment
3. (1) A meeting of the Assembly may be adjourned at any time by the Speaker,
or by a vote of the majority of the members present.
(2) The Speaker may at any time suspend a meeting.

(3) All matters under discussion and business not disposed of at the time of
any adjournment shall stand as an Order of the Day for the next meeting of the
Assembly. (Amended by Act 9 of 2011)
Absence of members
4. (1) Any member unable to attend a meeting of the Assembly to which he has
been summoned shall acquaint the Clerk as early as possible of his inability to attend.
(2) No member shall leave the Assembly or a Committee of the Assembly
except with the consent of the Speaker or the Chairman of the Committee. (Amended by Act 9 of 2011)

Duties of the Clerk of the Assembly
Order book
5. (1) The Clerk shall keep an Order Book in which he shall enter and number in
succession the subjects intended to be brought under discussion at each meeting.
(2) The Order Book shall be open to the inspection of members at all
reasonable hours.
Minutes of proceedings
6. (1) The Clerk shall keep the minutes of the proceedings of the Assembly, and
of Committees of the whole Assembly, and shall circulate to members a copy of such
minutes as soon as practicable after the conclusion of each meeting.
(2) The minutes shall consist of particulars of the proceedings and shall
record—
(a) the names of all members present at the assembling of the Assembly, and in case any other member shall take his seat subsequently at such
meeting or shall leave the Assembly before the rising of the Assembly
the Clerk shall note the fact at the proper place;
(b) all decisions of the Assembly, whether made formally or informally. (Amended by Act 9 of 2011)
Business paper
7. The Clerk shall send to each member, two clear days at least before each
meeting, a copy of the Business Paper for such meeting, unless the Assembly shall
have adjourned for a period of less than three days. (Amended by Act 9 of 2011)
Attendance of clerk upon Select Committee
8. The Clerk shall attend upon any Select Committee of the Assembly if required to do so. (Amended by Act 9 of 2011)

Custody of papers
9. The Clerk shall be responsible for the custody of votes, records, Bills, and
other documents laid before the Assembly, which shall be open to inspection by
members of the Assembly at all reasonable times, and by other persons under such
arrangements as may be sanctioned by the Speaker. (Amended by Act 9 of 2011)

Order of Business
Order of business
10. Unless the Assembly shall otherwise direct, the order of business shall be as
follows—
(i) Prayers;
(ii) Oath of Allegiance to new members;
(iii) Confirmation of minutes;
(iv) Announcements by direction of the Speaker;
(v) Papers;
(vi) Reports from Committees;
(vii) Petitions;
(viii) Government Notices;
(ix) Unofficial Notices;
(x) Questions;
(xi) Motions;
(xii) Other Business. (Amended by Act 9 of 2011)
Confirmation of minutes
11. Prayers shall be said, and oaths of Allegiance, if any, administered, whereupon
the Clerk shall read the minutes of the previous meeting, unless such minutes have
been previously circulated. The Speaker shall put the question that the minutes as read
or as circulated be confirmed. No debate shall be allowed thereupon except as to any
proposed amendment or as to the accuracy of the minutes.
Messages from the Governor
12. A message or minute from the Governor may be brought up at any time during
a meeting, and shall be considered during the course of that meeting.
Personal explanations
13. By the leave of the Assembly, a member may, before the Assembly proceeds
to Other Business, make a personal explanation, although there is no question before

the Assembly; but no debatable matter may be brought forward, or debate arise upon
the explanation. (Amended by Act 9 of 2011)
Other business
14. (1) Unless the Assembly shall otherwise direct, the order of Other Business
shall be as follows—
(i) Government Business;
(ii) Private Bills;
(iii) Other Orders of the Day. (Amended by Act 9 of 2011)
(2) Government Business shall be set down in such order as the Government
thinks fit.
(3) Other matters shall be submitted to the Assembly in the order in which
they stand in the Order Book. (Amended by Act 9 of 2011)
Adjournment on matter of urgent public importance
15. (1) A motion for the adjournment of the Assembly shall not be made until
Other Business has been entered upon, except it be made on behalf of the
Government, or unless a member rise in his place at the end of Questions, and ask
leave to move the adjournment of the Assembly for the purpose of discussing a
definite matter of urgent public importance.
(2) Such motion shall not be made unless—
(a) the Speaker is satisfied—
(i) that the motion does not anticipate a matter which has been
previously appointed for consideration by the Assembly or with
reference to which a notice of motion has previously been given;
(Amended by Act 9 of 2011)
(ii) that no opportunity for the discussion of the question raised by
the motion will arise in the ordinary course of the meeting; and
(iii) that the motion is definite, and that the matter is urgent and of
public importance; and
(b) the leave of the majority of the Assembly be obtained for the motion. (Amended by Act 9 of 2011)
(3) If the Speaker is satisfied that the motion may properly be made, and the
leave of the Assembly in that behalf is granted, the motion shall be considered
forthwith. (Amended by Act 9 of 2011)
(4) Not more than one such motion shall be made at the same sitting; and not
more than one matter shall be discussed on the same motion.


Papers
Presentation of papers
16. (1) (a) All papers shall be presented by a member of the Cabinet and their presentation shall be entered upon the Minutes; (Amended by Act 9 of 2011)
(b) A member presenting a paper may make a short explanatory statement of its contents;
(c) All papers shall be ordered to lie upon the Table without question put and any Motion for the printing thereof shall be determined without
amendment or debate.
(2) All Rules, Regulations and Orders made by the Governor acting on the
advice of Cabinet under the authority of an Act which does not require the approval of
the Legislative Assembly shall be laid on the Table as soon as may be after being
made. (Amended by Act 9 of 2011)

Petitions
Form of petitions
17. Every petition intended to be presented to the Assembly must—
(a) be addressed to the Assembly;
(b) conclude with a prayer setting forth the general object of the petitioners;
(c) bear the signatures of the petitioners, or their marks duly witnessed; and
(d) be endorsed by the person presenting the same to the effect that in his opinion it is properly and respectfully worded.
(Amended by Act 9 of 2011)
Presentation of petition
18. (1) A petition must be presented by a member who shall be responsible for
compliance with the requirements of the preceding Rule.
(2) A member may not present a petition for himself.
(3) The member presenting a petition may state concisely the purport of the
petition, and may move that it do lie on the Table or be read or printed or referred to a
Select Committee, and any such motion shall specify the number of members which
shall form a quorum of the committee.
(4) No debate shall be permitted on such motion nor shall any other member speak upon or in relation to such petition except to second such motion formally.
(5) When any petition is referred to a Select Committee, individuals whose
rights are peculiarly affected by any proposed action or legislation to which the

petition relates may be heard by the Committee or, at its discretion by the Assembly.
(Amended by Act 9 of 2011)

Notices
Notice of questions and motions
19. Except as hereinafter provided, no member shall ask a question or make a
motion unless he shall have given notice in writing of such question or motion either
at some previous sitting of the Assembly, or to the Clerk not less than seven days
previous to the hour of sitting of the Assembly at which such question is to be asked
or such motion to be made: Provided nevertheless that, the Speaker may allow a
question to be asked without notice if it is of an urgent character. (Amended by S.R.O. 43/2006 and Act 9 of 2011)
Notice of Bills
20. A printed or cyclostyled copy of every Bill shall, in so far as possible, be sent
to each member one week at least before it is proposed to read it a first time.
Notice of petition
21. A copy of any petition shall be sent to the Clerk at least two days before its
presentation.
Motions without notice
22. The following motions may be made without notice—
(i) A motion for the confirmation or amendment of the minutes of the Assembly, or for the adoption, modification or rejection of
the report of any committee;
(ii) A motion that a petition or other paper do lie on the table or be printed or be rejected;
(iii) A motion for the reference of any matter to a committee;
(iv) A motion made when Assembly is in committee;
(v) A motion by way of amendment to any motion being debated in Assembly;
(vi) A motion for the adjournment of the Assembly or of any debate;
(vii) A motion for the withdrawal of a Bill;
(viii) A motion for the withdrawal of strangers;
(ix) A motion relating to a matter of privilege;
(x) A motion for the suspension of a member;
(xi) A motion for the suspension of the Standing Orders of the
Assembly;

(xii) A motion that the question be now put. (Amended by Act 9 of 2011)

Questions
Questions to members
23. Questions may be put to members of the Cabinet relative to public affairs with
which they are officially connected, proceedings pending in Assembly, or any matter
of administration for which such members are responsible. (Amended by Act 9 of 2011)
Form of questions
24. (1) A question shall not contain arguments, inferences, opinions, imputations,
epithets, ironical expressions or hypothetical cases; nor shall a question refer to
debates or answers to questions in the current session.
(2) A question shall not include the names of persons, or statements, not
strictly necessary to render the question intelligible, nor contain charges which the
member, who asks the question, is not prepared to substantiate.
(3) A question must not be asked for the purpose of obtaining an expression of
opinion, the solution of an abstract legal case, or the answer to a hypothetical
proposition.
(4) A question must not refer to any debate that has occurred or answer that
has been given in the current session, nor should a question fully answered be asked
again during the same session.
(5) A question must not be asked about proceedings in Committee which have
not been placed before the Assembly by a report of the Committee. (Amended by Act 9 of 2011)
(6) A question may not be asked as to the character or conduct of any person
except in his official or public capacity.
(7) A question reflecting on the character or conduct of any person whose
conduct can only be challenged on a substantive motion may not be asked.
(8) A question making or implying a charge of a personal character may be
disallowed.
Replies
25. (1) A written reply to each question shall be read by the member to whom the
question is put, and a copy of the reply shall be handed to the member putting the
question: Provided that, with the consent of the Assembly such written reply may be
taken as read. (Amended by Act 9 of 2011)
(2) A reply shall be confined to the points contained in the question, with such
explanation only as will render the reply intelligible. (Amended by Act 9 of 2011)

Supplementary questions
26. The reply to any question shall be conclusive and no speech or debate on the
reply shall be allowed, but any member may, with the permission of the Speaker, put a
supplementary question for the purpose of further elucidating any matter of fact not
made clear to him by the reply; but a supplementary question must not be used to
introduce matter not included in the original question.
Disallowance of question
27. The Speaker shall be the sole judge of the propriety or admissibility of a
question and he may disallow any question which in his opinion is an abuse of the
right to ask questions.

Motions
Power to move
28. Any member, upon due notice being given, may propose any resolution:
Provided, however, that except with the consent of the Governor signified by a
member of the Cabinet, no member may move a resolution or motion which in the
opinion of the Speaker or other person presiding would impose a tax or dispose of or
charge any part of the public revenue, or would revoke or vary any disposition of or
charge on the public revenue:
And provided further that, no motion the object or effect of which may be to
suspend any of the Standing Orders of the Assembly shall be proposed except by or
with the consent of the Speaker or other person presiding. (Amended by Act 9 of 2011)
Withdrawal of motions
29. A motion may be withdrawn with the leave of the Assembly, but if so
withdrawn may be made at some other meeting of the Assembly. (Amended by Act 9 of 2011)
Re-introduction of motions
30. No motion shall be proposed which is the same in substance as any motion
which during the previous six months shall have been resolved in the affirmative or
negative.
Amendments
Rules as to amendments
31. (a) The Speaker may require the mover of an amendment which has been seconded to put the amendment into writing and deliver it to the Clerk.
(b) An amendment must be relevant to the question to which it is
proposed.

(c) An amendment must not raise any question which can be raised only by a distinct motion after notice.
(d) After a decision has been given on an amendment to any part of a question an earlier part cannot be amended.
(e) Where an amendment of any part of a question has been proposed, an earlier part cannot be amended unless the amendment so proposed is
withdrawn.
(f) An amendment to a question must not be inconsistent with a previous decision on the same question given at the same stage of any Bill or
matter.
(g) An amendment must not be substantially identical with an amendment moved by another member.
(h) An amendment must not be substantially a direct negative of the original proposition or of any amendment thereto.
(i) An amendment may be moved to any amendment.
Order in which amendments taken on question being put
32. When any amendment to a question shall have been submitted, and when more
amendments than one shall have been submitted, the Speaker at the close of the debate
shall put the question for the decision of the Assembly in this wise; “That the words
of the question stand as in the original motion” which if it be decided in the
affirmative will throw out all amendments; and he shall then put the original motion to
be affirmed or negatived. If the first question which would preclude all amendments
be negatived, then, in case only one amendment shall have been proposed and
seconded, he shall put the question as it was proposed to be amended; but in case more
amendments than one shall have been proposed and seconded, he shall put the
questions of amendment seriatim and in the inverse order of their having been
proposed; and when any one amendment is affirmed all other amendments shall be
thereby negatived, and the Speaker shall then put the motion, as so amended, to be
affirmed or negatived. (Amended by Act 9 of 2011)
Admissibility
33. The Speaker shall be the sole judge of the admissibility of any amendment.

Rules of Debate
Mode of addressing Assembly
34. (1) A member desiring to speak shall rise in his place and address his
observations to the Speaker or, if the Assembly is in Committee to the Chairman.
(Amended by Act 9 of 2011)
(2) If two or more members rise at the same time, the Speaker or Chairman
shall call on the member who first catches his eye.

(3) A member shall not read his speech, but he may read extracts from written
or printed papers in support of his argument, and may refresh his memory by reference
to notes.
(4) A member must confine his observations to the subject under discussion.
(5) A member while speaking on a question must not—
(a) refer to any matter on which a judicial decision is pending, in such a way as may prejudice the interests of the parties thereto;
(b) impute improper motives to any other member;
(c) use the Queen’s name for the purpose of influencing the debate;
(d) utter treasonable or seditious words or use the Queen’s name irreverently; or
(e) use his right of speech for the purpose of obstructing the business of the Assembly. (Amended by Act 9 of 2011)
Reference to other members
35. Any member who in discussing any motion wishes to allude to the speech or
the opinion of any other member shall, if possible, avoid referring to such other
member by name. Official members shall be described by reference to their official
designations; elected members by reference to the electoral districts which they
represent, or where an electoral district is represented by more than one member, by
reference to the order of precedence as between such members; and nominated
members by reference to the order of precedence as between such members.
Reflections upon the Crown or upon certain persons in authority
36. The conduct of Her Majesty, Members of the Royal Family, the Governor, the
Speaker or Members of the Assembly, and Judges or other persons engaged in the
administration of justice shall not be raised except upon a substantive motion; and in
any amendment, question to a member or remarks in a debate on a motion dealing
with any other subject any reference to the conduct of the persons aforesaid shall be
out of order. (Amended by Act 9 of 2011)
How often members may speak
37. (1) No member shall speak more than once to a motion except as hereinafter
provided—
(a) the mover of an original motion shall have the right of reply after all members who desire to speak shall have spoken but the mover of an
amendment shall not have any right to reply.
(b) any member who may second an original motion in the formal words “I second this motion” and no others, may reserve his speech until later in the debate.
(c) when the Assembly is in Committee. (Amended by Act 9 of 2011)

(2) A member may speak on the question before the Assembly and upon any
amendment proposed thereto. (Amended by Act 9 of 2011)
Motion or amendment to be seconded
38. After the mover of any motion or any amendment has spoken in support
thereof, no debate shall be allowed until the motion or amendment has been duly
seconded, unless the Assembly is in Committee when a motion or amendment may be
put without being seconded. (Amended by Act 9 of 2011)
Interruptions
39. No member shall interrupt another member who is speaking except by rising to
a point of order. A member rising to a point of order shall simply direct attention to
the point which he desires to bring to notice and submit to the Speaker for his
decision.
Relevancy
40. (1) Debate must be relevant to the matter or question before the Assembly of
the Committee, and where more than one question has been proposed from the Chair
the debate must be relevant to the last question so proposed, until it has been disposed
of.
(2) The Speaker after having called the attention of the Assembly to the
conduct of a member who persists in irrelevance or in tedious repetition either of his
own arguments or of the arguments used by other members in debate may direct the
member to discontinue his speech. (Amended by Act 9 of 2011)
Closure
41. (1) After a question has been proposed and seconded, a member rising in his
place may claim to move, “That the question be now put,” and unless it appears to
the Speaker that the motion is an abuse of the rules of the Assembly, or an
infringement of the rights of the minority, the question “That the question be now
put” must be put forthwith. (Amended by Act 9 of 2011)
(2) When the motion “That the question be now put,” has been carried and
the question consequent thereon has been decided, any further motion may be made
(the assent of the Speaker as aforesaid not having being withheld) which may be
requisite to bring to a decision any question already proposed from the Chair.
(3) When a clause is under consideration a motion may be made (the assent of
the Speaker as aforesaid not having been withheld) that the question that certain words
of the clause defined in the motion stand part of the clause, or that the clause stand
part of or be added to the Bill, be now put.
(4) Every motion made under this rule must be put forthwith and decided without amendment or debate.

Allocation of time for debate
42. Before or when a member rises to move a question which stands in his name,
the Speaker, with the consent of the majority of the Assembly may fix the total time to
be occupied in the debate thereon, and may adjourn the debate from time to time as he
may think fit. (Amended by Act 9 of 2011)
Procedure on question being put
43. After the question has been put by the Speaker no further discussion shall be
allowed.
Responsibility for order
44. (1) The Speaker or other presiding member in the Assembly, and the
Chairman in Committee shall be responsible for the observance of the rules of order in
the Assembly and Committee respectively and their decision upon any point of order
shall not be open to appeal and shall not be reviewed by the Assembly or by the
Committee as the case may be except upon a substantive motion made after notice.
(2) When the Speaker or other presiding member or the Chairman rises, any
member then speaking or wishing to speak shall immediately resume his seat and the
Assembly, or the Committee, shall be silent. (Amended by Act 9 of 2011)

Divisions
Voting
45. (1) At the conclusion of the debate upon any question the Speaker or other
presiding member, or the Chairman as the case may be, shall put the question for the
decision of the Assembly or of the Committee as the case may be, and shall collect the
voices of the “ayes” and of the “noes”, after which no further debate may take place
upon that question. (Amended by Act 9 of 2011)
(2) The result shall be declared by the Speaker or other presiding member or
by the Chairman, as the case may be, stating “I think the ayes have it” or “I think
the noes have it” as the case may be, but any member may challenge the opinion of
the Chair by claiming a division.
(3) A division may be taken by the Clerk calling each member’s name and
asking each member separately how he desires to vote and recording the vote
accordingly. The Clerk shall then announce the number of those who have voted for
and of those who have voted against the proposal and the Speaker or other presiding
member or the Chairman as the case may be, shall declare the result of the division,
and if necessary, give his casting vote.
(4) Every member present shall, unless he expressly states that he declines to
vote record his vote either for the “ayes” or the “noes”. The Clerk shall enter in the minutes of the proceedings the record of each member’s vote.
(5) If a member states that he voted in error or that his vote has been counted
wrongly, he may claim to have his vote altered provided that, such claim is made as

soon as the Clerk has announced the numbers and before the Chair has declared the
result of the division. Upon such claim being made the Speaker or other presiding
member or the Chairman as the case may be, shall at his sole discretion either direct
the Clerk to alter that member’s vote or direct that a fresh division be held.
(6) Any member voting in the minority who desires to have his reasons
recorded for so voting shall state such desire forthwith, and his reasons shall be
recorded either at that or the following meeting of the Assembly. (Amended by Act 9 of 2011)
Disallowance of vote of member having direct personal pecuniary interest
46. A member shall not vote on any subject in which he has a direct personal
pecuniary interest, but a motion to disallow a member’s vote on this ground shall be
made only as soon as the result of the voting on the question shall have been declared.
If the motion for the disallowance of a member’s vote shall be agreed to, the Speaker,
or in Committee the Chairman, shall direct the Clerk to correct the numbers voting in
the division accordingly. In deciding whether a motion for the disallowance of a
member’s vote shall be proposed from the Chair the Speaker, or in any Committee of
the Assembly the Chairman, shall have regard to the character of the question upon
which the division was taken and to the consideration whether the interest therein of
the member whose vote is challenged is direct and pecuniary and not an interest in
common with the rest of Her Majesty’s subjects and whether his vote was given on a
matter of state policy. (Amended by Act 9 of 2011)

Breaches of Order
Withdrawal of disorderly member
47. (1) The Speaker or Chairman shall order members whose conduct is grossly
disorderly to withdraw immediately from the Assembly Chamber during the
remainder of the day’s sitting.
(2) If such direction to withdraw be not complied with at once or if on any
occasion the Speaker deem that his powers under this Order are inadequate he may
name such member or members in pursuance of Order 48 hereof. (Amended by Act 9 of 2011)
Suspension of member named
48. (1) If a member shows disregard for the authority of the Chair, or abuse the
rules of the Assembly by persistently and wilfully obstructing the business of the
Assembly, the Speaker shall direct the attention of the Assembly to the incident
mentioning by name the member concerned. A motion may then be made upon which
the Speaker shall forthwith put the question, no amendment, adjournment, or debate
being allowed, “That such member be suspended from the service of the
Assembly”. If such an offence shall have been committed in a Committee of the whole Assembly, the Chairman shall forthwith suspend the proceedings of the
Committee and report the circumstances to the Assembly; and the Speaker shall on a
motion being made thereupon put the same question, without amendment,

adjournment or debate, as if the offence had been committed in the Assembly itself.
(Amended by Act 9 of 2011)
(2) Not more than one member shall be named at the same time, unless
several members present together have jointly disregarded the authority of the Chair.
(3) If a member be suspended from the service of the Assembly under the
provisions of this Order his suspension shall continue and be effective during the
remainder of the session unless sooner determined by the Assembly. (Amended by Act 9 of 2011)
Enforcement of Speaker’s directions
49. (1) Members who are directed to withdraw under Order 47 or are suspended
under Order 48 shall forthwith withdraw from the precincts of the Assembly Chamber.
(2) The Speaker or Chairman whether acting under Order 47 or 48 may direct
such steps to be taken as are required to enforce his order.
(3) Nothing in Order 48 shall be deemed to prevent the Assembly from
proceeding against any member for any breach of order not specified therein or from
proceeding in any other way it thinks fit in dealing with the breaches of order therein
mentioned. (Amended by Act 9 of 2011)

Progress of Bills
Constitutional requirements
50. The introduction of Bills shall be subject to the constitutional requirements laid
down by section 70 of the Montserrat Constitution Order.
Introduction and first reading of Bills
51. (1) No Bill shall be introduced until leave for its introduction shall have been
applied for and granted.
(2) If the motion for leave is opposed, the Speaker, after permitting (if he
thinks fit) a brief explanatory statement from the member who moves and from a
member who opposes the motion, may, without further debate, put the question
thereon.
(3) If leave to introduce the Bill be granted, the Bill may be introduced, and
shall be read a first time by the Clerk.
Publication of Bills
52. After having been read a first time a Bill shall, if it has not already been
published in the Gazette, be so published when such publication is practicable, and shall in any event be made available for publication by both the local Press and the
Radio.

Suspension of Standing Orders for further readings of Bill
53. Every Bill shall be read three times previously to its being passed and no Bill
shall pass through more than two readings at any one sitting, unless this Order shall
have been formally suspended for the purpose.
Second reading of Bills
54. The member moving the second reading of the Bill shall state the object of the
Bill and the reasons for its introduction. When a motion for the second reading of a
Bill has been made and seconded there may be a debate upon the general merits and
principles of the Bill; and if such motion is carried the Bill shall stand referred to a
Committee of the whole Assembly to consider the Bill clause by clause, and amend it
as may be deemed necessary, unless at this stage of the proceedings the Assembly
decides the Bill shall be referred to a Select Committee. (Amended by Act 9 of 2011)
Procedure in committee
55. (1) When a Bill is under consideration in Committee, unless the Committee
decides to have the Bill read in any other manner, the Clerk shall call the several
clauses in order by reading the number of each clause and shall then refer to the
schedules, if any, in order, next the preamble, if any, and lastly the title. If it is
proposed to move any amendment of a clause or schedule when called, the Clerk shall
put them in their proper order. If the clause (or schedule or the preamble or the title, as
the case may be) is not amended, the Chairman shall without motion put the question
“That this clause (or this schedule or the preamble or the title, as the case may
be) do stand part of the Bill”. If the clause (or this schedule or the preamble or the
title, as the case may be) is amended, he shall put the question. “That this clause (or
this schedule or the preamble or the title, as the case may be) as amended, do
stand part of the Bill”.
(2) Notwithstanding the procedure laid down in paragraph (1) of this Order,
the Chairman may call the Schedules before proceeding with the clauses of the Bill.
(3) (a) In settling a Bill in Committee any member may move an amendment, or, without making a formal motion, may suggest an
amendment, or may ask for information respecting any part of the
Bill or any proposed amendment;
(b) An amendment must be relevant to the subject matter of the Bill, and to the subject matter of the clause to which it relates;
(c) An amendment must not be inconsistent with any previous decision of the Committee;
(d) An amendment must not be such as to make the clause which it proposes to amend unintelligible or ungrammatical;
(e) If an amendment refers to, or is not intelligible without a subsequent amendment or a schedule, notice of the subsequent amendment or schedule must be given before, or when the first amendment is moved
so as to make the series of amendments intelligible as a whole;

(f) An amendment which proposes to amend the whole substance of a clause for the purpose of inserting different provisions will as a
general rule be irregular. The proper course will be to negative the
clause and propose a new one in its place;
(g) The Chairman may refuse to put an amendment which is in his opinion frivolous.
(4) A Bill may be referred to a Select Committee at any time after it shall have
passed its second reading.
(5) When a Bill has been referred to, and reported on by a Select Committee
and it is certified by the Chairman of such a Committee that such Bill has been
considered clause by clause in the presence of a quorum of the members of such
Committee at least and that in the opinion of the Committee such Bill may be dealt
with by the Assembly in the same manner as a Bill reported on by a Committee of the
whole Assembly, such Bill may be dealt with accordingly if no member objects, but if
any member objects the Bill shall be dealt with in usual manner. (Amended by Act 9 of 2011)
(6) The consideration of a clause may, on motion made, be postponed, but the
motion may not be made after the clause has been amended.
(7) New clauses shall be considered after the clauses in the Bill as printed
have been disposed of and before the consideration of the schedules, if any. Notice of
a proposed new clause shall be given previous to the sitting unless the Chairman
considers that such notice may be dispensed with. The Chairman shall call on the
member in whose name the new clause stands, and if that member moves the Clerk
shall read the marginal note of the clause and it shall then be taken to have been read a
first time. The question shall then be put “that this clause be read a second time.” If
this be agreed to, amendments may be moved and after these (if any) have been
disposed of the question shall be put “that this clause be read a second time.” If this
be agreed to amendments may be moved and after these (if any) have been disposed of
the question shall be “that this clause (or that this clause as amended) be added to
the Bill as clause No............. and that the subsequent clauses be renumbered
accordingly.”
(8) When a Bill shall have been settled in Committee the Assembly shall
resume without question put; and the member having charge of the Bill shall
thereupon report to the Assembly that the Bill has passed through the committee stage,
with or without amendments, as the case may be, or that progress has been made
therewith. (Amended by Act 9 of 2011)
Third reading of Bills
56. Subject to the provisions of Order 53, on the resumption of the Assembly on
the conclusion of the committee stage a Bill may, on motion made, be read the third
time, either forthwith if no member objects or at some subsequent sitting. When the
motion for the third reading of the Bill is to be put the question shall be “That the Bill be now read a third time and passed.” (Amended by Act 9 of 2011)

Title only to be read
57. On the first and third readings of a Bill the Clerk shall read only the title.
Recommittal of Bills
58. (1) If on the third reading of a Bill any member desires to amend or delete any
provision contained in the Bill or to introduce any new provision, he may move that
the Bill be re-committed, and, if the motion be carried, the Assembly shall resolve
itself into Committee and any alteration proposed may be discussed. The Assembly
may then resume and the Bill be read a third time. (Amended by Act 9 of 2011)
(2) Verbal amendments may be made previous to the Bill being read a third
time without the Bill being recommitted.
Governor’s amendments
59. When the Governor requires that amendments be made to a Bill passed by the
Assembly before the Bill becomes law, such Bill shall be recommitted for the
consideration only of the amendments proposed. The Bill shall be re-submitted to the
Governor with the amendments made therein, or with such of them as the Assembly
shall approve. (Amended by Act 9 of 2011)
Withdrawal of Bills
60. The member in charge of a Bill standing on the Order Book may make a
motion without notice for its withdrawal either before the commencement of Other
Business or on the Order of the Day for any stage of the Bill being read.
Bills on the same subject matter
61. More than one Bill of the same subject matter may be introduced but, when the
second reading of a Bill has been agreed to or negatived, the question shall not be
proposed for the second reading of another Bill of the same subject matter during the
same session. On the Order of the Day relating to such Bill being read the Speaker
shall direct that the Bill be withdrawn.

Select Committees
Select Committees
62. (1) The Speaker may appoint any members to be a Select Committee for the
purpose of examining and reporting on the clauses of any proposed Bill. The Speaker
may also nominate the Chairman of such Select Committee.
(2) In the absence of any nomination by the Speaker a Select Committee shall
elect its own Chairman. In the absence of the Chairman the senior member on the
Committee shall act as Chairman.
(3) Unless the Speaker otherwise directs, three members, or, if the number of
the Select Committee does not exceed four, two members shall form a quorum.

Replacing members
63. (1) The Speaker may from time to time in case of the death or unavoidable
absence of a member appoint another member to take the place of such member on the
Committee.
(2) If the Speaker be the Chairman of a Select Committee he shall have a
casting vote if the votes be equally divided, but shall not have an original vote. In the
absence of the Speaker from the Chair the member presiding shall have an original
vote, and a casting vote if the votes are equally divided.
Report of Select Committee
64. (1) Every Select Committee shall make a report to the Assembly upon the
matters referred to them before the end of the session in which the Committee were
appointed, but if a Committee find themselves unable to conclude their investigation
before the end of the session, they may so report to the Assembly.
(2) A Select Committee shall have leave to make a special report relating to
the powers, functions and proceedings of the Committee on any matter which they
may think fit to bring to the notice of the Assembly.
(3) The report or special report together with the minutes of proceedings of a
Select Committee and the minutes of any evidence taken before that Committee shall
be signed by the Chairman thereof, or in his absence by the senior member present,
and shall be presented to the Assembly by the Chairman or senior member as the case
may be, and shall be ordered to lie upon the table and may be printed without question
put.
(4) The minutes of proceedings of a Select Committee shall record all
proceedings upon the consideration of any report or Bill in the Committee and upon
every amendment proposed to such report or Bill together with a note of any division
taken in the Committee and the names of members voting therein.
(5) Any member dissenting from the opinion of the majority of a Select
Committee may put in a written statement of his reasons for such dissent, and such
statement shall be appended to the report of the Committee.
(6) The report of a Select Committee may be taken into consideration on a
motion “That the Report of the Select Committee on ........................................ be
adopted”. (Amended by Act 9 of 2011)

Standing Committee
Public Accounts Committee
65. (1) At the first meeting of any session of the Assembly, or as soon thereafter
as practicable, the Speaker shall appoint a Standing Committee to be styled The Public Accounts Committee for the consideration of the Public Accounts of Montserrat.
(2) The Public Accounts Committee shall consist of—

(a) three members chosen by the Speaker from among the official and unofficial members of the Assembly; and
(b) one member chosen by the Speaker from outside the Assembly from among persons with commercial or accounting experience: Provided
that, such Member shall not have the right to vote in proceedings of
the Committee.
(3) The Speaker shall appoint as Chairman one of the members of the
Committee appointed under the provisions of sub-paragraph (a) of paragraph (2) of this Order.
(4) The duties and powers of the Public Accounts Committee shall be as
follows—
(a) to ascertain that the authorised expenditure during each financial year, including supplementary expenditure, has been applied to the
purposes prescribed by the Legislative Assembly;
(b) to scrutinise the causes which may have led to any excess over authorised expenditure, and to verify applications of savings on other
authorised items of expenditure;
(c) to make an effective examination of public accounts kept in any Department of Government; and
(d) to summon any public officer to give any information or any
explanation, or to produce any records or documents which the
committee may consider necessary in the performance of their duties.
(5) The Public Accounts Committee shall submit its reports to the Assembly
from time to time. (Amended by Act 9 of 2011)

Financial Procedure
Presentation of Appropriation Bill
66. (1) Any Bill containing the estimated financial requirements for expenditure
on all the services of the Government for the current or succeeding year shall be
known as an Appropriation Bill, and estimates containing the details of the said
financial requirements shall be laid on the table when the Appropriation Bill is
presented.
(2) After the Appropriation Bill has been introduced and read a first time, the
motion for the second reading of the Bill shall be proposed forthwith, and the Minister
of Finance shall make his annual financial statement, or budget speech.
(3) When the Minister of Finance has made his budget speech, the motion for
the second reading of the Bill shall be seconded, and the debate thereon shall be
adjourned to a time to be named by the Minister of Finance. The debate on the second reading of the Bill shall be confined to the financial and economic state of Montserrat
and the general principles of Government policy and administration as indicated in the
Bill and the estimates.

(4) On the conclusion of the debate the Appropriation Bill and the estimates
shall stand referred to a Committee of the whole Assembly to be known as the
Committee of Supply. The deliberations of the Committee of Supply shall be in
public. (Amended by Act 9 of 2011)
Procedure in Committee of Supply
67. (1) On the consideration of the Appropriation Bill in Committee of Supply the
clauses of the Bill stand postponed until after consideration of the schedule or
schedules.
(2) On consideration of the schedules each head of expenditure shall be
considered with the appropriate estimate, and any reference in these Standing Orders
to a subhead or an item means a subhead or an item in the estimates for the head then
under discussion.
(3) On the consideration of a schedule, the Chairman shall call the title of
each head of expenditure in turn, and shall propose the question “That the sum of
$........................................ for head ..................................... stand part of the
schedule”, and unless an amendment is proposed under the provisions of the next
succeeding Standing Order, a debate may take place on that question. Any such debate
shall be confined to the policy of the service for which the money is to be provided
and shall not deal with the details of any item or subhead but may refer to the details
of revenues or funds for which that service is responsible.
(4) When all the heads in a schedule have been disposed of, the Chairman
shall put forthwith, without amendment or debate, the question “That the schedule
(as amended) stand part of the Bill”.
(5) When every schedule has been disposed of the Chairman shall call
successively each clause of the Bill and shall forthwith propose the question “That
the clause stand part of the Bill” and, unless a consequential amendment is moved,
that question shall be disposed of without amendment or debate.
(6) No amendment may be moved to any clause except an amendment
consequential on an alteration in the total sum appropriated by any schedule. Any such
consequential amendment shall be moved by a Member of the Cabinet only, and may
be moved without notice and the question thereon shall be put forthwith without
amendment or debate. When the question on the last of any such amendments to a
clause has been decided the Chairman shall forthwith put the question “That the
clause as amended stand part of the Bill” and that question shall then be decided
without amendment or debate. (Amended by Act 9 of 2011)
(7) When the question upon every clause of the Bill has been decided, the
Chairman shall put the question to the Assembly that the Bill (as amended) be
reported to the Assembly, which question shall be decided without amendment or
debate. Upon such question being agreed to, the Assembly shall resume, and the
member in charge of the Bill shall report it to the Assembly. (Amended by Act 9 of 2011)

Amendments to heads of estimates in Committee of Supply
68. (1) An amendment to any head of expenditure to increase the sum allotted
thereto whether in respect of any item or subhead or of the head itself may only be
moved by a Member of the Cabinet who shall signify to the Committee the
recommendation of the Governor to the increase in accordance with section 70(2)(a) of the Montserrat Constitution Order. Every such amendment shall take the form of a
motion “That head ........................ be increased by $......................... (in respect of
subhead ............................ item ..............................) (subhead ........................)”.
(Amended by Act 9 of 2011)
(2) An amendment to increase a head whether in respect of any item or
subhead or of the head itself shall take precedence over an amendment to reduce the
head in the same respect, and if it is carried no amendment to reduce the head in that
respect shall be called.
(3) An amendment to any head of expenditure to reduce the sum allotted
thereto in respect of any item therein may be moved by any member, and shall take
the form of a motion “That head ............................... be reduced by
$.............................. in respect of (or by leaving out) subhead .............................
item ......................... item .......................”.
(4) An amendment to reduce a head in respect of any subhead or by leaving
out a subhead shall only be in order if the subhead is not itemized.
(5) An amendment to reduce a head without reference to a subhead therein
shall only be in order if the head is not divided into subheads.
(6) An amendment to leave out a head shall not be in order and shall not be
placed on the Order Paper.
(7) In the case of each head, amendments in respect of items or subheads in
that head shall be placed upon the Order Paper and considered in the order in which
the items or subheads to which they refer stand in the head of the estimates.
(8) When notice has been given of two or more amendments to reduce the
same item, subhead, or head they shall be placed upon the Order Paper and considered
in the order of the magnitude of the reductions proposed, the amendment proposing
the largest reduction being placed first in each case.
(9) Debate on every amendment shall be confined to the item, subhead or
head to which the amendment refers, and after an amendment to an item or subhead
has been disposed of, no amendment or debate on a previous item or subhead of that
head shall be permitted.
(10) When all amendments standing on the Order Paper in respect of any
particular head of expenditure have been disposed of the Chairman shall again propose
the question “That the sum of $...................... for head ...................... stand part of
the Schedule”, or shall propose the amended question “That the (increased)
(reduced) sum of $....................... for head ....................... stand part of the
schedule”, as the case may require. The debate on any such question shall be subject
to the same limitations as apply to a debate arising under paragraph (3) of Standing
Order 67 (Procedure in Committee of Supply).

Third reading of Appropriation Bill
69. As soon as the Appropriation Bill has been reported to the Assembly, a
member of the Cabinet shall move a motion that the Bill be read a third time and
passed. Such motion shall not be required to be seconded and shall be decided without
amendment or debate. (Amended by Act 9 of 2011)
Supplementary Appropriation Bills
70. Where an Appropriation Bill is introduced in pursuance of the requirements of
section 19(2) of the Public Finance (Management and Accountability) Act or
otherwise, the procedure set out in Standing Orders 66, 67, 68 and 69 shall be
followed as far as it applies.

Private Rights and Private Bills
Private rights affected by Bill
71. In any case where individual rights or interests, or the property of any private
person may be peculiarly affected by any public or private Bill, all parties interested
may, upon petition for that purpose and on motion made, seconded and carried, be
heard before the Assembly or any Committee thereof, either in person or by Counsel.
(Amended by Act 9 of 2011)
Examination of witnesses
72. When it is intended to examine any witnesses the person requiring such
witnesses shall deliver to the Clerk a list containing the names, residences and
occupations of such witnesses, at least two days before the day appointed for their
examination. Any such witnesses may be examined, cross-examined and re-examined
by Counsel in the same manner as witnesses in any action in the High Court, and may
be questioned by any member of the Assembly or of any Committee thereof. The
evidence of every such witness shall be taken down by the Clerk and signed by the
witness. (Amended by Act 9 of 2011)
Private Bills
73. Every Bill intended to affect or benefit some particular person, association or
corporate body, shall contain a section saving the rights of Her Majesty, Her heirs and
successors, all bodies politic and corporate, and all others, except such as are
mentioned in the Bill and those claiming by, from or under them. No such Bill not
being a Government measure, shall be introduced into the Legislative Assembly until
due notice has been given by not less than three successive publications of the Bill in
the Gazette at the expense of the promoters and in some newspaper circulating in Montserrat, if any, and where any particular premises are affected until after a copy of
the Bill has been affixed to the police station nearest to such property for not less than
three weeks. Proof that the requirements aforesaid have been complied with shall be made by solemn declaration to the satisfaction of and deposited with the Clerk.
(Amended by Act 9 of 2011)

Cost of private Bills
74. All Bills, other than public Bills, must be prepared and printed at the expense
of the parties by whom or on whose behalf they may be introduced.

Supplemental
Strangers
75. (1) Strangers shall be admitted to debates in the Assembly Chamber under
such rules as the Speaker may make from time to time for that purpose.
(2) If at any sitting of the Assembly any member shall move that strangers
withdraw, the Speaker shall forthwith put the question “That strangers do
withdraw” without permitting any debate or amendment.
(3) The Speaker may, whenever he thinks fit, order the withdrawal of
strangers from any part of the Assembly Chamber and its precincts and may order the
doors of the Chamber to be closed.
(4) Strangers shall withdraw from the Chamber and its precincts when called
upon so to do by the Speaker. (Amended by Act 9 of 2011)
Press
76. The Speaker may grant a general permission to the representatives of any
Journal to attend the sittings of the Assembly under such rules as he may make from
time to time for that purpose. If such rules are contravened, such permission may be
revoked. (Amended by Act 9 of 2011)
Suspension of Standing Orders
77. Any one or more of these Standing Orders may, after notice, or with the leave
of the Speaker, be suspended on a motion made by a member at any sitting.
Practice of Parliament
78. (1) In any matter not herein provided for, resort shall be had to the usage and
practice of the Commons House of Parliament of the United Kingdom which shall be
followed as far as the same may be applicable to the Assembly, and not inconsistent
with these Standing Orders nor with the practice of the Assembly.
(2) In cases of doubt these Standing Orders shall be interpreted in the light of
the relevant usage and practice of the House of Commons, but no restrictions which
the House of Commons has introduced by Standing Order shall be deemed to extend
to the Assembly or its members until the Assembly has provided by Standing Orders
for such restrictions. (Amended by Act 9 of 2011)
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CERTIFICATES AND BADGES OF HONOUR PROCLAMATION
(S.R.O.s 23/1989, 10/2006 and Act 9 of 2011)
Commencement
[14 December 1989]

WHEREAS the Executive Council at its meeting held on June 2, 1987, resolved that
the award of Certificates and Badges of Honour be introduced in Montserrat;
AND WHEREAS Her Majesty the Queen has been pleased to approve the Award
under the following rules of Certificates and Badges of Honour to residents of
Montserrat who have rendered or may hereinafter render loyal and valuable service
worthy of special recognition or to persons who have by their loyalty and meritorious
conduct being of exceptional benefit to the people of Montserrat;
NOW THEREFORE, I, CHRISTOPHER JOHN TURNER, O.B.E., with the approval
of the Secretary of State for Foreign and Commonwealth Affairs do hereby proclaim
that the rules of Certificates and Badges of Honour set out in the Schedule to this
proclamation be published in the Official Gazette in Montserrat;
AND all Her Majesty’s Officers and loving subjects in Montserrat and all those whom
it may concern are hereby required to take due notice hereof and conduct themselves
accordingly.
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SCHEDULE
RULES OF CERTIFICATES AND BADGES OF HONOUR
Citation
1. These Rules may be cited as the Certificates and Badges of Honour Rules.
Certificates
2. The Certificates shall bear Her Majesty’s portrait together with the name of the
recipient and a brief account of the services which it commemorates and shall be
signed by the Governor.
Governor to award
3. The Certificates shall be awarded by the Governor on such occasions as may
be determined by him.
Number to be awarded
4. The maximum number of recipients of the Honour in anyone year shall be
four.

Rights and Privileges of the holder of the Certificate
5. (a) The Certificate shall carry with it the right to wear a Badge which will be worn on the Breast on official occasions when full size medals are worn.
(b) The Badge issued with the Certificate shall be known as the ‘Badge of Honour’ and be of silver gilt and bear on the obverse Her
Majesty’s crowned effigy with the Coat of Arms of Montserrat on the
reverse.
(c) The Badge ribbon shall be yellow.
(d) Miniatures of the Badge may be worn when miniatures are worn.
(e) The Badge of Honour is to be placed immediately after the Colonial Police Medal for meritorious service in the official order in which
Orders, Decorations, and Medals are worn.
Eligibility
6. Persons eligible for the Certificate and Badges of Honour must be residents of
Montserrat.
Names to be Gazetted
7. The names of the recipients of the Certificates shall be published in the
Gazette.
Circumstances in which a person may be deprived of his award
8. If any person to whom a Certificate has been awarded is found to be
conducting himself in a manner so as to bring disrepute to the Government, or is
found to be guilty of misconduct or disloyalty to the Government, the Governor shall
deprive such person of his award. A report of the circumstances in which the
Governor exercised his power under this rule shall be forwarded to the Secretary of
State for Foreign and Commonwealth Affairs in every instance where such power is
exercised.
Governor’s power to restore award deprived
9. Where the Governor is of opinion that a person who has deprived of his award
has repented and conducted himself thereafter in an exemplary manner, and that to
restore his award would be just and reasonable in all the circumstances, he may restore
such award from a date determined by him and such determination shall be published
in the Gazette.
Badge to be returned on death
10. Upon the death of any recipient of a Certificate, the Badge shall be returned to
the Governor by the next-of-kin as early as possible but in any case not later than one month of such death.

Offence
11. It shall be an offence for a person, not being the person to whom the
Certificate of Badge of Honour has been awarded, to wear the badge in any public
place, and a person guilty of this offence shall on conviction before a Magistrate be
punished with a fine of $500 or imprisonment for a term of one month or to both such
fine and imprisonment.
Advisory Committee
12. There shall be a “National Advisory Committee” on Certificates and Badges
of Honour (hereinafter referred to as ‘the Committee’) consisting of the holders for
the time being of the following offices:—
(a) Resident Tutor, University of the West Indies;
(b) Permanent Secretary, Administration;
(c) Chairman of the Council of Churches;
(d) President of the Chamber of Commerce;
(e) President of the Bar Association; and
(f) a Chairman to be appointed by the Governor after consultation with the Premier.
(Amended by S.R.O. 10/2006 and Act 9 of 2011)
Function of Committee
13. The function of the Committee shall be to advise the Governor on the selection
of persons to be honoured by such guidelines as the Governor may give from time to
time. The Committee may invite any member of the public or any official of the
Government, or any member of the legal profession to its meetings for such advice as
may be required.
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