The Anguilla Constitution Order 1982

• Citation: S.I. 1982/334
• Sections: 87

Section 1 Citation and commencement

(1) This Order may be cited as the Anguilla Constitution Order 1982.

(2) This Order shall come into operation on 1st April 1982.

Section 2 Constitution of Anguilla and revocation

(1) The Schedule to this Order shall have effect as the Constitution of Anguilla as from the commencement of this Order; and the Anguilla (Constitution) Order 1976 is revoked with effect from such commencement.

(2) The Schedule to this Order may be cited as the Constitution of Anguilla and in sections 4, 5, 6, 7 and 8 of this Order it is referred to as `the Constitution' .

(3) References in any law made before the commencement of this Order to the Anguilla (Administration) Order 1971, to the Constitution of Anguilla established by the Anguilla (Constitution) Order 1976 hereinafter referred to as `the former Constitution' ) or to any particular provision thereof shall be construed, in relation to any period beginning at or after the commencement of this Order, as references to the Constitution or, as the case may be, to the corresponding provision thereof.

Section 3 Administration of justice

(1) The West Indies Associated States Supreme Court Order 1967 shall apply in relation to Anguilla in like manner as it applies in relation to Montserrat and to the Virgin Islands, as the case may be, by virtue of section 10 of that Order and for the purposes of its application to Anguilla as aforesaid—

(a) that Order may be cited as the Supreme Court Order:

(b) references in that Order to a State shall not include references to Anguilla;

(c) the Supreme Court established by that Order shall be styled the Eastern Caribbean Supreme Court.

(2) The West Indies Associated States (Appeals to Privy Council) Order 1967 shall, to the extent that it has effect as part of the law of Anguilla, have effect as if—

(a) the word “Anguilla” was substituted for the words “West Indian Associated States” in section 1 and for the words “a State” in section 3;

(b) in the definition of “Court” in section 2(1), the words “Supreme Court Order” were substituted for the words “Courts Order” ;

(c) the definitions of “Courts Order” and “State” in section 2(1) were deleted.

(3) The reference in section 15(1)(c) of the Constitution to the High Court and Court of Appeal shall be construed as including a reference to the Supreme Court established by the Windward Islands and Leeward Islands (Courts) Order in Council 1959 and the British Caribbean Court of Appeal established by the British Caribbean Court of Appeal Order in Council 1962 .

Section 4 Citizenship

(1) Until the commencement of the British Nationality Act 1981—

(a) a person shall be regarded as belonging to Anguilla for the purposes of Chapter I of the Constitution if he would have been so regarded for the purposes of Chapter I of the former Constitution;

(b) section 43(1)(a) of the Constitution shall have effect as if it referred to citizens of the United Kingdom and colonies.

(2) If a Commonwealth citizen has been ordinarily resident in Anguilla for not less than seven years before the commencement of the British Nationality Act 1981, he shall be treated for the purposes of section 18(5)(b) of the Constitution as if he had been ordinarily resident in Anguilla for not less than fifteen years before such commencement.

(3) If a person who was born in St. Christopher or in Nevis before 19th December 1980 is ordinarily resident in Anguilla, having been so resident since that date, he shall be treated for the purposes of section 18(5) of the Constitution as if he had been born in Anguilla.

(4) In the case of persons who, while resident in St. Christopher or in Nevis, were registered as citizens of the United Kingdom and Colonies before 19th December 1980 or naturalised as such before that date or naturalized as British subjects before 1st January 1949—

(a) any such person shall be regarded as having been so registered or naturalized while resident in Anguilla for the purposes of subjection 5 (a)(v) of section 18 of this Constitution; and

(b) any such person who is ordinarily resident in Anguilla, having been so resident since 19th December 1980, shall be regarded likewise for the purposes of subsection 5 (a)(vi) of that section.

Section 5 Existing offices and authorities

(1) Subject to the provisions of this section, offices and authorities existing immediately before the commencement of this Order shall after such commencement, so far as consistent with the provisions of the Constitution, continue as if they had been established by or under the Constitution; and any person who immediately before such commencement is holding or acting in any such office or is a member of any such authority shall after such commencement continue to hold or act in that office or to be such a member as if he had been appointed thereto or as the case may be elected as such in accordance with the Constitution and had made any oath thereby required.

(2) The provisions of this section shall be without prejudice to any powers conferred by or under the Constitution upon any person or authority to make provision for any matter, including (but without prejudice to the generality of the foregoing words) the establishment and abolition of offices, courts of law and authorities and the appointment, election or selection of persons to hold or act in any office or to be members of any court or authority and their removal from office.

Section 6 Existing laws

(1) All Acts, Ordinances, rules, regulations, orders and other instruments made under or having effect by virtue of the former Constitution and having effect as part of the law of Anguilla immediately before the commencement of this Order shall after such commencement have effect as if they had been made under or by virtue of this Constitution.

(2) The existing laws shall be construed with such modifications, adaptations, qualifications and exceptions as are necessary to bring them into conformity with the Constitution and the Supreme Court Order, as amended by section 3(1) of this Order.

(3) In this section the expression “ existing laws ” means laws and instruments (other than Acts of Parliament and instruments made thereunder) having effect as part of the law of Anguilla immediately before the commencement of this Order .

Section 7 Inhuman treatment

Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 6 of the Constitution to the extent that the law in question authorises the infliction of any description of punishment that was lawful in Anguilla immediately before the commencement of this Order.

Section 8 Dissolution of Assembly

For the purposes of section 63(3) of the Constitution the Assembly shall be regarded as having held its first meeting after a general election on 22nd June 1981.

Section 9 Power reserved to Her Majesty

Her Majesty reserves to Herself power, with the advice of Her Privy Council, to make laws for the peace, order and good government of Anguilla.

Section 1 Fundamental rights and freedoms of the individual

Whereas every person in Anguilla is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, 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, the enjoyment of property and the protection of the law;

(b) freedom of conscience, of expression and of peaceful assembly and association; and

(c) respect for his private and family life,

the subsequent provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid 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 rights and freedoms by an individual does not prejudice the rights and freedoms of others or the public interest.

Section 2 Protection of right to life

(1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law of Anguilla of which he has been convicted.

(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable—

(a) for the defence of any person from violence or for the defence of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) for the purpose of suppressing a riot, insurrection or mutiny; or

(d) in order lawfully to prevent the commission by that person of a criminal offence,

or if he dies as the result of a lawful act of war.

Section 3 Protection of right to personal liberty

(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say—

(a) in consequence of his unfitness to plead to a criminal charge;

(b) in execution of the sentence or order of a court, whether established for Anguilla or some other country, in respect of a criminal offence of which he has been convicted;

(c) in execution of an order of the High Court or the Court of Appeal or such other court as may be prescribed by the Legislature on the grounds of his contempt of any such court or of another court or tribunal;

(d) in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him by law;

(e) for the purpose of bringing him before a court in execution of the order of a court;

(f) upon reasonable suspicion of his having committed or of being about to commit a criminal offence under the law of Anguilla;

(g) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;

(h) for the purpose of preventing the spread of an infectious or contagious disease;

(i) 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 care or treatment or the protection of the community;

(j) for the purpose of preventing the unlawful entry of that person into Anguilla, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Anguilla or for the purpose of restricting that person while he is being conveyed through Anguilla in the course of his extradition or removal as a convicted prisoner from one country to another; or

(k) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Anguilla or prohibiting him from being within such an area or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Anguilla in which, in consequence of any other such order, his presence would otherwise be unlawful.

(2) Any person who is arrested or detained shall be informed orally and in writing as soon as reasonably practicable, in a language which he understands, of the reasons for his arrest or detention.

(3) Any person who is arrested or detained—

(a) for the purpose of bringing him before a court in execution of the order of a court; or

(b) upon reasonable suspicion of his having committed or being about to commit a criminal offence under the law of Anguilla,

and who is not released, shall be brought without delay before a court; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offence under the law of Anguilla is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that person or from any other person or authority on whose behalf that person was acting.

(5) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his having committed or being about to commit an offence, he shall not be thereafter further held in custody in connection with those proceedings or that offence save upon the order of a court.

(6) For the purposes of subsection (1)(b) of this section a person charged before a court with a criminal offence in respect of whom a special verdict has been returned that he was guilty of the act or omission charged but was insane when he did the act or made the omission shall be regarded as a person who has been convicted of an offence and the detention of a person in consequence of such a verdict shall be regarded as detention in execution of the order of a court.

Section 4 Protection from slavery and forced labour

(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this section, the expression “ forced labour ” does not include—

(a) any labour required in consequence of the sentence or order of a court;

(b) labour required of any person while he 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 at which he is detained;

(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;

(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.

Section 5 Protection of freedom of movement

(1) No person shall be deprived of his freedom of movement, and, for the purposes of this section the said freedom means the right to move freely throughout Anguilla, the right to reside in any part of Anguilla, the right to enter Anguilla, the right to leave Anguilla and immunity from expulsion from Anguilla.

(2) Any restriction on a person's freedom of movement which is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—

(a) for the imposition of restrictions on the movement or residence within Anguilla of any person or on any person's right to leave Anguilla that are reasonably required in the interests of defence, public safety or public order;

(b) for the imposition of restrictions on the movement or residence within Anguilla or on the right to leave Anguilla of persons generally or any class of persons in the interests of defence, public safety, public order, public morality or public health and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society;

(c) for the imposition of restrictions on the movement or residence within Anguilla of any person who does not belong to Anguilla or the exclusion or expulsion from Anguilla of any such person;

(d) for the imposition of restrictions on the acquisition or use by any person of land or other property in Anguilla;

(e) for the imposition of restrictions on the movement or residence within Anguilla of public officers, or on the right of public officers to leave Anguilla;

(f) for the removal of a person from Anguilla to be tried or punished in some other country for a criminal offence under the law of that other country or to undergo imprisonment in that other country in execution of the sentence of a court in respect of a criminal offence under the law of Anguilla of which he has been convicted; or

(g) for the imposition of restrictions on the right of any person to leave Anguilla that are reasonably required in order to secure the fulfilment of any obligations imposed on that person by law and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(4) If any person whose freedom of movement has been restricted by virtue only of such a provision as is referred to in subsection (3)(a) of this section so requests at any time during the period of that restriction not earlier than six months after the restriction was imposed or six months after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons who hold the office of magistrate in Anguilla or who are entitled to practise or to be admitted to practise in Anguilla as barristers.

(5) On any review by a tribunal in pursuance of subsection (4) of this section of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of continuing that restriction to the authority by whom it was ordered and, unless it is otherwise provided by law, that authority shall be obliged to act in accordance with any such recommendations.

Section 6 Protection from inhuman treatment

No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

Section 7 Protection from deprivation of property

(1) No interest in or right over any property of any description shall be compulsorily acquired, and no such property shall be compulsorily taken possession of, except by or under the provisions of a written law which—

(a) prescribes the principles on which and the manner in which adequate compensation thereto is to be determined;

(b) requires the prompt payment of such adequate compensation;

(c) prescribes the manner in which the compensation is to be given; and

(d) the manner of enforcing the right to any such compensation.

(2) Nothing in this section shall be construed as affecting the making or operation of any law so far as that law provides for the taking of possession or acquisition of any property, interest or right—

(a) in satisfaction of any tax, rate or due; or

(b) by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of Anguilla; or

(c) upon the attempted removal of the property in question out of or into Anguilla in contravention of any law; or

(d) by way of the taking of a sample for the purpose of any law; or

(e) where the property consists of an animal upon its being found trespassing or straying; or

(f) as an incident of a lease, tenancy, licence, mortgage, charge, bill of sale, pledge or contract; or

(g) by way of the vesting or administration of trust property, enemy property, or the property of persons adjudged or otherwise declared bankrupt or insolvent, persons of unsound mind, deceased persons, or bodies corporate or unincorporate in the course of being wound up; or

(h) in the execution of judgments or orders of courts; or

(i) by reason of its being in a dangerous state or injurious to the health of human beings, animals or plants; or

(j) in consequence of any law with respect to the limitation of actions; or

(k) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, the carrying out thereon—

(i) of work of soil conservation or of conservation of other natural resources; or

(ii) of work relating to agricultural development or improvement which the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out.

(3) Nothing in this section shall be construed as affecting the making or operation of any law so far as it provides for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefore or for the reasonable restriction of the use of any property for the purpose of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.

(4) Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate which is established for public purposes by any law and in which no monies have been invested other than monies provided by the Legislature.

(5) In this section “ compensation ” means the consideration to be given to a person for any interest or right which he may have in or over property which has been compulsorily taken possession of or compulsorily acquired as prescribed and determined in accordance with the provisions of the law by or under which the property or such right or interest has been compulsorily taken possession of or compulsorily acquired .

Section 8 Protection from arbitrary search or entry

(1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—

(a) that is reasonably required in the interests of defence, public safety, public order, public morality, public health, public revenue, town and country planning or the development and utilisation of any property in such a manner as to promote the public benefit;

(b) that authorises an officer or agent of the Government of Anguilla, a local government authority or a body corporate established by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon 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 that Government, authority or body corporate, as the case may be;

(c) that is reasonably required for the purpose of preventing or detecting crime;

(d) that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or

(e) that authorises, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order.

and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

Section 9 Provisions to secure protection of law

(1) Whenever any person is charged with a criminal offence he shall, unless the charge is withdrawn, be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

(2) Any court or other authority prescribed by law for the determination of the existence or the extent of civil rights or obligations 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 authority, the case shall be given a fair hearing within a reasonable time.

(3) Except with the agreement of all the parties thereto all proceedings of every court and proceedings relating to the determination of the existence or the extent of a person's civil rights or obligations before any other authority, including the announcement of the decision of the court or other authority, shall be held in public.

(4) Nothing in subsection (3) of this section shall prevent any court or any other authority such as is mentioned in that subsection from excluding from the proceedings persons other than the parties thereto and their legal representatives—

(a) in interlocutory civil proceedings; or

(b) in appeal proceedings under any law relating to income tax; or

(c) to such extent as the court or other authority—

(i) may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice; or

(ii) may be empowered or required by law to do so in the interests of defence, public safety, public order, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings.

(5) Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved or has pleaded guilty:

Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this subsection to the extent that the law in question imposes upon any person charged as aforesaid the burden of proving particular facts.

(6) Every person who is charged with a criminal offence—

(a) shall be informed orally and in writing as soon as reasonably practicable, in a language which he understands, of the nature of the offence charged;

(b) shall be given adequate time and facilities for the preparation of his defence;

(c) shall be permitted to defend himself in person or, at his own expense, by a legal representative of his own choice;

(d) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before any court and to obtain the attendance of witnesses, subject to the payment of their reasonable expenses, and carry out the examination of such witnesses to testify on his behalf before the court on the same condition as those applying to witnesses called by the prosecution; and

(e) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the English language.

(7) No person shall be held to be guilty of a criminal offence on account of any act or omission which did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence which is severer in degree or description than the maximum penalty which might have been imposed for that offence at the time when it was committed.

(8) No person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for other criminal offence of which he could have been convicted at the trial for that offence save upon the order of a superior court made in the course of appeal proceedings relating to the conviction or acquittal; and no person shall be tried for a criminal offence if he shows that he has been pardoned for that offence:

Provided that nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this subsection to the extent that the law in question authorises any 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 shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law.

(9) When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he 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 person of any record of the proceedings made by or on behalf of the court.

(10) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

(11) In the case of any person who is held in lawful detention the provisions of subsection (1), subsection (3) and paragraphs (c) and (d) of subsection (5) of this section shall not apply in relation to his trial for a criminal offence under the law regulating the discipline of persons held in such detention.

(12) In this section “ criminal offence ” means a criminal offence under the law of Anguilla .

Section 10 Protection of freedom of conscience

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, including freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) Except with his own consent (or, if he is a person under the age of eighteen years, the consent of his parent or guardian) no person attending any place of education shall be compelled to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.

(3) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any places of education which it wholly maintains or in the course of any education which it otherwise provides.

(4) No person shall be compelled to take any oath that is contrary to his religion or belief or to take any oath in a manner that is contrary to his religion or belief.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required—

(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, including the right to observe and practise any religion without the unsolicited intervention of members of any other religion; or

(c) for the purpose of regulating educational institutions in the interests of persons who receive or may receive instruction in them.

and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

(6) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

Section 11 Protection of freedom of expression

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence and other means of communication.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—

(a) that is reasonably required in the interests of defence, public safety, public order, public morality or public health;

(b) that is reasonably required for the purpose of protecting the reputations, rights 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 or regulating telephony, telegraphy, posts, wireless, broadcasting or television; or

(c) that imposes restrictions upon public officers:

Provided that the provision or, as the case may be, the thing done under the authority thereof is shown to be reasonably justifiable in a democratic society.

Section 12 Protection of freedom of assembly and association

(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right peacefully to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests.

(2) No person shall be required as a condition of employment to subscribe to any organisation for membership or admission; nor shall any person be required to pay dues or other compensation to secure or enjoy such employment or the right thereto; not shall any person be prohibited from free access to his place of employment or return therefrom by virtue of his failure to belong or subscribe to any organisation.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision—

(a) that is 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 or freedoms of other persons; or

(b) that imposes restrictions upon public officers:

Provided that:—

(i) paragraph (a)(ii) of this subsection shall not apply in relation to a provision that operates so as to prohibit a trade union or other association from carrying out activities preventing or restricting persons who are not members of that trade union or other association from pursuing a particular trade, profession or employment unless that provision is contained in a written law;

(ii) the provision or, as the case may be, the thing done under the authority of any such law is shown to be reasonably justifiable in a democratic society.

Section 13 Protection from discrimination on the grounds of race, etc

(1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision which is discriminatory either of itself or in its effect.

(2) Subject to the provisions of subsections (6), (7) and (8) of this section, 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 attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description .

(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision—

(a) with respect to persons who do not belong to Anguilla;

(b) for the application, in the case of persons of any such description as is mentioned in subsection (3) of this section (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 which is the personal law of persons of that description; or

(c) for the imposition of taxation or appropriation of revenue by the Government of Anguilla or any local authority or body for local purposes.

(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to qualifications for service as a public officer, or as a member of a disciplined force or for the service of a local government authority or a body corporate established by any law for public purposes.

(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.

(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 5, 8, 10, 11 and 12 of this Constitution, being such a restriction as is authorised by paragraph (a), (b) or (g) of subsection (3) of section 5, subsection (2) of section 8, subsection (6) of section 10, subsection (2) of section 11, or subsection (2) of section 12, as the case may be.

(8) Nothing in subsection (2) of this section 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 or any other law.

Section 14 Derogations from fundamental rights and freedoms under emergency powers

Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 3 or section 13 of this Constitution to the extent that the law authorises the taking during any period of public emergency of measures that are reasonably justifiable for dealing with the situation that exists in Anguilla during that period.

Section 15 Protection of persons detained under emergency laws

(1) When a person is detained by virtue of any such law as is referred to in section 14 of this Constitution the following provisions shall apply, that is to say—

(a) he shall, as soon as reasonably practicable and in any case not more than four days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained;

(b) not more than fourteen days after the commencement of his detention, a notification shall be published in the Official Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorised;

(c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons who are or have been judges of the High Court or the Court of Appeal or are qualified for appointment as such judges;

(d) he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal appointed for the review of the case of the detained person; and

(e) at the hearing of his case by the tribunal appointed for the review of his case he shall be permitted to appear in person or by a legal representative of his own choice.

(2) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his 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.

(3) Nothing contained in subsection (1)(d) or subsection (1)(e) of this section shall be construed as entitling a person to legal representation at public expense.

Section 16 Enforcement of protective provisions

(1) If any person alleges that any of the provisions of sections 2 to 15 (inclusive) of this Constitution has been, or is being, contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the High Court for redress.

(2) The High Court shall have original jurisdiction to hear and determine any application made by any person in pursuance of subsection (1) of this section 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 provisions of the said sections 2 to 15 (inclusive) to the protection of which the person concerned is entitled:

Provided that the High Court may decline to exercise its powers under this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under any other law.

(3) If in any proceedings in any court (other than the Court of Appeal, the High Court or a court martial) any question arises as to the contravention in any of the provisions of sections 2 to 15 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.

(4) Where any question is referred to the High Court in pursuance of subsection (3) of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.

(5) The Legislature may confer or authorise the conferment on the High Court of 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) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by or under this section (including rules with respect to the time within which applications may be brought and references shall be made to the High Court).

Section 17 Declaration of emergency

(1) The Governor may, by Proclamation which shall be published in the Official Gazette, declare that a state of emergency exists for the purposes of this Chapter.

(2) A declaration of emergency may at any time be revoked by the Governor, by Proclamation which shall be published in the Official Gazette, and, unless sooner revoked, shall, without prejudice to the making of a further declaration in like manner, expire at the expiration of ninety days from the date on which it was made.

Section 18 Interpretation and savings

(1) In this Chapter, unless the context otherwise requires—

“ contravention ”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly ;

“ court ” means any court of law having jurisdiction in Anguilla other than a court established by a disciplinary law, and includes Her Majesty in Council and in section 2 of this Constitution a court established by a disciplinary law ;

“ disciplinary law ” means a law regulating the discipline of any disciplined force ;

“ disciplined force ” means —

a naval, military or air force;

the Police Force; or

a prison service;

“ legal representative ” means a person entitled to be in or to enter Anguilla and entitled to practise as a barrister in Anguilla or, except in relation to proceedings before a court in which a solicitor has no right of audience, so entitled to practise as a solicitor ; and

“ 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 .

(2) In this Chapter “ a period of public emergency ” means any period during which—

(a) Her Majesty is at war; or

(b) a declaration of emergency is in force under section 17 of this Constitution.

(3) In relation to any person who is a member of a disciplined force raised under the law of Anguilla, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than sections 2, 4 and 5 of this Constitution.

(4) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in Anguilla, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.

(5) For the purposes of this Chapter a person shall be regarded as belonging to Anguilla if that person is:

(a) a British Dependent Territories citizen—

(i) who was born in Anguilla, whether before or after the commencement of the British Nationality Act 1981; or if not so born

(ii) who was adopted in Anguilla; or

(iii) whose father or mother was born in Anguilla; or

(iv) whose father or mother became a British Dependent Territories citizen by virtue of having been adopted in Anguilla; or

(v) who is domiciled in Anguilla and whose father or mother by virtue of registration or naturalisation while resident in Anguilla became a British Dependent Territories citizen at the commencement of the British Nationality Act 1981 (or would have done so but for his or her death) or so became such a citizen after such commencement of the said Act; or

(vi) who by virtue of registration or naturalization while resident in Anguilla became such a citizen at or after the commencement of the British Nationality Act 1981; or

(b) a Commonwealth citizen who is domiciled in Anguilla and has been ordinarily resident in Anguilla for not less than fifteen years; or

(c) the wife or widow of such a person referred to in any of the preceding paragraphs of this subsection, and, in the case of a wife, is not living apart from the husband under a decree of a competent court or a deed of separation; or

(d) under the age of eighteen years and is the child, stepchild, or child adopted in a manner recognised by law, of such a person as is referred to in any of the preceding paragraphs of this subsection.

Section 19 The Governor

(1) There shall be a Governor of Anguilla, who shall be appointed by Her Majesty and hold office during Her Majesty's pleasure.

(2) For the purpose of administering the Government of Anguilla, the Governor shall have such powers and duties as are conferred or imposed on him by this Constitution or any other law and such other powers as Her Majesty may from time to time be pleased to assign to him.

(3) Subject to the provisions of this Constitution and of any other law by which any such powers or duties are conferred or imposed upon him, the Governor shall do and execute all things that belong to his office according to such Instructions, if any, as Her Majesty may from time to time see fit to give him; but no court shall enquire whether or not he has complied with any such Instructions.

(4) A person appointed to the office of Governor shall, before entering upon the functions of that office, make oaths of allegiance and for the due execution of that office in the forms set out in the Schedule to this Constitution.

Section 20 Acting Governor

(1) During any period when the office of Governor is vacant or the Governor is absent from Anguilla, or is for any other reason unable to perform the functions of the office of Governor, such person as may be designated by Her Majesty by instructions to the Governor through a Secretary of State or if no person is so designated and able to perform those functions, the Attorney-General shall, during Her Majesty's pleasure, act in the office of Governor and shall perform the functions of that office accordingly.

(2) Before assuming the functions of the office of Governor, the person designated or, as the case may be, the Attorney-General shall make the oaths directed by section 19(4) of this Constitution to be made by the Governor.

(3) The person designated or, as the case may be, the Attorney-General shall not continue to act in the office of Governor after the Governor has notified him that he is about to assume or resume the functions of that office.

(4) The Governor shall not, for the purposes of this section, be regarded as absent from Anguilla or as unable to perform the functions of his office—

(a) at any time when there is a subsisting appointment of a deputy under the next following section; or

(b) by reason of absence from Anguilla for a period not exceeding forty-eight hours.

Section 21 Governor's deputy

(1) Whenever the Governor—

(a) has occasion to be absent from Anguilla for a period which he has reason to believe will be of short duration; or

(b) is suffering from illness which he has reason to believe will be of short duration,

he may in his discretion, by writing under his hand, appoint the Attorney-General or, in the absence of the Attorney-General, some other suitable person in Anguilla to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor as may be specified in the instrument by which he is appointed.

(2) The powers and authority of the Governor shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and a deputy shall conform to and observe all instructions that the Governor, acting in his discretion, may from time to time address to him; but no court shall enquire whether or not he has complied with any such instructions.

(3) A person appointed as a deputy under this section shall hold that appointment for such period as may be specified in the writing by which he is appointed, and his appointment may be revoked at any time by Her Majesty by instructions given through a Secretary of State, or by the Governor, acting in his discretion.

Section 22 Executive authority for Anguilla

(1) The executive authority of Anguilla shall be vested in Her Majesty.

(2) Subject to the provisions of this Constitution, the executive authority of Anguilla may be exercised on behalf of Her Majesty by the Governor either directly or through officers subordinate to him, but nothing in this subsection shall operate so as to prejudice the provisions of any laws for the time being in force in Anguilla whereby functions are, or may be, conferred on persons or authorities other than the Governor.

Section 23 Executive Council

There shall be an Executive Council in and for Anguilla which shall consist of the Chief Minister, not more than three other Ministers and two ex-officio members, namely, the Attorney-General and the Permanent Secretary for Finance.

Section 24 Appointment of Ministers

(1) The Governor, acting in his discretion, shall appoint as the Chief Minister the elected member of the Assembly who, in his judgment, is likely to command the support 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 Chief Minister from among the elected members of the Assembly.

(3) If occasion arises for making an appointment of any Minister between a dissolution of the Assembly and the polling in the next following general election a person who was an elected member of the Assembly immediately before the dissolution may be appointed as if he were still a member of the Assembly.

(4) Appointments made under this section shall be made by instrument under the public seal.

Section 25 Tenure of office of members

(1) If a motion that the Assembly should declare a lack of confidence in the Government of Anguilla receives in the Assembly the affirmative votes of two-thirds of all the elected members thereof the Governor shall dissolve the Assembly and shall act in his discretion in appointing the date for the ensuring general election under section 64 of this Constitution.

(2) The Chief Minister shall vacate his office if, after the polling in a general election and before the Assembly first meets thereafter, the Governor, acting in his discretion, informs him that he is about to appoint another person as the Chief Minister.

(3) Any Minister shall vacate his office if—

(a) he ceases to be a member of the Assembly for any reason other than a dissolution;

(b) he is not an elected member of the Assembly when it first meets after a general election;

(c) he is required under the provisions of section 39 of this Constitution to cease to perform his functions as a member of the Assembly; or

(d) he resigns it by writing under his hand addressed to the Governor.

(4) A Minister other than the Chief Minister shall also vacate his office if—

(a) the Chief Minister vacates his office; or

(b) his appointment is revoked by the Governor acting in accordance with the advice of the Chief Minister, by instrument under the public seal.

Section 26 Performance of functions of Chief Minister in certain events

(1) If the Chief Minister is unable, by reason of his illness or absence from Anguilla, to perform the functions of his office, the Governor may, by instrument under the public seal, authorise any other Minister to perform the functions conferred on the Chief Minister by this Constitution (other than the functions conferred upon him by subsection (3) of this section).

(2) The Governor may, by instrument under the public seal, revoke any authority given under this section.

(3) The powers conferred upon the Governor by this section shall be exercised by him acting in his discretion if, in his judgment, it is impracticable to obtain the Chief Minister's advice owing to his illness or absence, and in any other case shall be exercised in accordance with the advice of the Chief Minister.

Section 27 Assignment of responsibilities to Ministers

(1) The Governor, acting in accordance with the advice of the Chief Minister, may, by directions in writing, assign to any Minister responsibility for the conduct (subject to the provisions of this Constitution and of any other law) of any business of the Government of Anguilla including responsibility for the administration of any department of government:

Provided that a Minister shall not be charged with responsibility under this section for any of the matters mentioned in subsection (2)(a) and (b) of the next following section.

(2) The Governor, acting in his discretion, may at any time call for any official papers or seek any official information or advice available to a Minister with respect to a matter for which that Minister is responsible under this section.

Section 28 Governor to consult Council

(1) Subject to the provisions of this section and the next following section, the Governor shall consult with the Executive Council in the formulation of policy and in the exercise of all powers conferred upon him by this Constitution or by any other law for the time being in force in Anguilla and act in accordance with the advice of the Council.

(2) The Governor shall not be obliged to consult with nor act upon the advice of the Executive Council with respect to the following—

(a) any matter that in his opinion relates to defence, external affairs or internal security, including the police;

(b) the appointment (including the appointment on promotion or transfer, appointment on contract and appointment to act in an office) of any person to any public office, the suspension, termination of employment, dismissal, or retirement of any public officer or taking of disciplinary action in respect of such an officer, 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;

(c) any power conferred upon him by this Constitution that he is empowered to exercise in his discretion or in pursuance of instructions given to him by Her Majesty;

(d) any power conferred by any law other than this Constitution that he is empowered or directed, either expressly or by necessary implication, by that or any other law to exercise without consulting the Council;

(e) any matter in which, in his judgment, the service of Her Majesty would sustain material prejudice thereby;

(f) where the matter to be decided is in his judgment too unimportant to require the advice of the Council; or

(g) where the urgency of the matter requires him to act before the Council can be consulted:

Provided that in exercising his powers in relation to—

(i) the matters referred to in (a) hereof the Governor shall keep the Council informed of any matters that in his judgment may involve the economic or financial interests of Anguilla, and shall consult with the Chief Minister on any matter relating to internal security, including the police;

(ii) the matters referred to in (g) hereof the Governor shall as soon as practicable communicate to the Council the measures which he has adopted and the reasons for those measures.

(3) Where the Governor is directed by this Constitution to exercise any function in accordance with the advice of or after consultation with any person or authority, the question whether he has so exercised that function shall not be enquired into in any court.

(4) The Governor shall be responsible for the conduct (subject to the provisions of this Constitution and any other law) of any business of the Government of Anguilla, including the administration of any department of Government, with respect to the matters referred to in paragraphs (a) and (b) of subsection (2) of this section:

Provided that the Governor, after consultation with the Chief Minister, may assign to any member of the Executive Council responsibility for the conduct on behalf of the Governor of any business in the House of Assembly with respect to any of those matters.

Section 29 Governor's reserved executive power

(1) In any case where the Governor is required by the last foregoing section to consult with the Executive Council, he may act otherwise than in accordance with the advice given him by the Council if in his opinion it would be inexpedient in the interests of public order or public faith to act in accordance with that advice:

Provided that he shall not so act against the advice of the Council without first obtaining the approval of a Secretary of State.

(2) Whenever the Governor acts otherwise than in accordance with the advice given to him by the Executive Council, any member of the Council may require that there be recorded in the minutes the grounds of any advice or opinion which he may have given on the question, and the Governor shall as soon as is practicable forward a copy of the resulting entry in the minutes to a Secretary of State.

Section 30 Oaths to be taken by members

Every member of the Executive Council shall, before entering upon the duties of his office as a member, make before the Governor an oath of allegiance in the form set out in the Schedule to this Constitution and an oath for the due execution of that office in such form as may be prescribed by any law in force in Anguilla or, if no law in that behalf is for the time being in force, in the form set out in the Schedule to this Constitution.

Section 31 Summoning of persons to Council

The Governor may summon any public officer to a meeting of the Executive Council whenever, in his opinion, the business before the Council renders the presence of that officer desirable.

Section 32 Summoning of Council and transaction of business

(1) The Executive Council shall not be summoned except by the authority of the Governor, acting in his discretion:

Provided that the Governor shall summon the Council if not less than two elected members of the Council so request in writing.

(2) No business shall be transacted at any meeting of the Executive Council unless there are four members present besides the person presiding.

(3) Subject to the provisions of the last foregoing subsection, the Executive Council shall not be disqualified for the transaction of business by reason of any vacancy in the membership of the Council (including any vacancy not filled when the Council is first constituted or is reconstituted at any time) and the validity of the transaction of business in the Council shall not be affected by reason only of the fact that some person who was not entitled to do so took part therein.

Section 33 Presiding in Council and Secretary

(1) The Governor shall, so far as is practicable, attend and preside at meetings of the Executive Council.

(2) In the absence of the Governor there shall preside at any meeting of the Executive Council such member of the Council as the Governor, acting in his discretion, may appoint.

(3) There shall be a Secretary of the Executive Council who shall be appointed by the Governor acting after consultation with the Chief Minister but if at any time he cannot conveniently discharge the functions of Secretary of the Council, those functions shall be discharged by such public officer as may be designated in that behalf by the Governor, acting in his discretion.

Section 34 Attorney General

(1) The Attorney-General shall have power, in any case in which he considers it desirable so to do—

(a) to institute and undertake criminal proceedings against any person before any civil court in respect of any offence against any law in force in Anguilla;

(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 criminal proceedings instituted or undertaken by himself or any other person or authority.

(2) The powers of the Attorney-General under the last foregoing subsection may be exercised by him in person or by officers subordinate to him acting under and in accordance with his general or special instructions.

(3) The powers conferred upon the Attorney-General by paragraphs (b) and (c) of subsection (1) of this section shall be vested in him to the exclusion of any other person or authority:

Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.

(4) For the purposes of this section, an appeal from any determination in criminal proceedings before any court, or a case stated or question of law reserved for the purpose of such proceedings, to another court or to Her Majesty in Council shall be deemed to be part of those proceedings.

Section 35 House of Assembly

(1) There shall be a House of Assembly for Anguilla.

(2) Subject to the provisions of this Constitution, the Assembly shall consist of—

(a) the Speaker;

(b) two ex-officio members, namely the Attorney-General and the Permanent Secretary for Finance;

(c) not less than seven members elected in the manner provided by law; and

(d) two nominated members, being persons who belong to Anguilla for the purposes of Chapter I of this Constitution of the age of twenty-one years or upwards, appointed by the Governor, one in accordance with the advice of the Chief Minister and the other after consultation with the Chief Minister, by instrument under the public seal.

Section 36 Qualifications for elected membership

Subject to the provisions of the next following section, a person shall be qualified to be elected as a member of the Assembly if, and shall not be qualified to be so elected unless, he is a Commonwealth citizen of twenty-one years or upwards who is registered as a voter in an electoral district in Anguilla and either—

(a) was born in Anguilla and is domiciled there at the date of his nomination for election; or

(b) has resided in Anguilla for a period of not less than three years immediately before the date of his nomination for election and is domiciled there at that date and is the son or daughter of parents at least one of whom was born in Anguilla.

Section 37 Disqualifications for nominated or elected membership

(1) No person shall be qualified to be nominated or elected as a member of the Assembly who—

(a) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;

(b) is a minister of religion;

(c) holds or is acting in any office of emolument in the service of the Crown;

(d) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;

(e) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Anguilla;

(f) is under sentence of death imposed on him by a court in any part of the Commonwealth or is under a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court; or

(g) is disqualified for membership of the Assembly by any law in force in Anguilla relating to offences connected with elections.

(2) In this section “ minister of religion ” means any person in holy orders and any other person the functions of whose principal occupation include teaching or preaching in any congregation for religious worship .

(3) For the purposes of paragraph (f) of subsection (1) of this section—

(a) two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms; 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.

(4) Paragraph (c) of subsection (1) of this section shall not be construed as precluding a member of the Assembly from receiving emoluments in respect of his services as such a member.

Section 38 Tenure of office of members of Assembly

The seat of a nominated or elected member of the Assembly shall become vacant—

(a) upon a dissolution of the Assembly;

(b) if, without prior notice to the Governor, he is absent from three consecutive meetings of the Assembly;

(c) if he ceases to be a Commonwealth citizen;

(d) if he ceases to be resident in Anguilla;

(e) if he resigns his seat by writing under his hand addressed to the Governor;

(f) if any of the circumstances arise that, if he were not a member of the Assembly, would cause him to be disqualified for election thereto by virtue of paragraph (a), (b), (c), (d), (e), or (g) of subsection (1) of the last foregoing section; or

(g) in the circumstances specified in the next following section.

Section 39 Vacation of seat on sentence

(1) Subject to the provisions of this section, if a nominated or elected member of the Assembly is sentenced by a court in any part of the Commonwealth to death or to imprisonment (by whatever name called) for a term exceeding twelve months, he shall forthwith cease to perform his functions as a member of the Assembly, and his seat in the Assembly shall become vacant at the expiration of a period of thirty days thereafter;

Provided that the Speaker may, at the request of the member, from time to time extend that period for thirty days to enable the member to pursue any appeal in respect of his conviction or sentence, so however that extensions of time exceeding in the aggregate three hundred and thirty days shall not be given without the approval of the Assembly signified by resolution.

(2) If at any time before the member vacates his seat he is granted a free pardon or his conviction is set aside or his sentence is reduced to a term of imprisonment of less than twelve months or a punishment other than imprisonment is substituted, his seat in the Assembly shall not become vacant under the provisions of the last foregoing subsection and he may again perform his functions as a member of the Assembly.

(3) For the purposes of this section—

(a) where a person is sentenced to two or more terms of imprisonment that are required to be served consecutively account shall betaken only of any of those terms that exceeds twelve months; 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.

Section 40 Temporary members of Assembly

(1) Whenever an ex-officio member of the Assembly is by reason of his illness or absence from Anguilla or for any other reason incapable of performing the functions of his office, the Governor acting in his discretion may, by instrument under the public seal, appoint any public officer to be temporarily a member of the Assembly in his place.

(2) A person appointed under this section to be temporarily a member of the Assembly—

(a) shall hold his seat in the Assembly during Her Majesty's pleasure; and

(b) shall vacate his seat when he is informed by the Governor that the member on account of whose incapacity he was appointed is again able to perform his functions as a member of the Assembly.

(3) Subject to the provisions of this section the provisions of this Constitution shall apply to a person appointed to be temporarily a member of the Assembly as they apply to the member on account of whose incapacity he was appointed.

Section 41 Determination of questions as to membership of Assembly

(1) Any question whether a person has been validly appointed as a nominated or a temporary member of the Assembly, or whether a nominated or a temporary member of the Assembly has vacated his seat therein, shall be determined by the Governor acting in his discretion.

(2) Any question whether a person has been validly elected as a member of the Assembly, or whether an elected member of the Assembly has vacated his seat therein, shall be determined by the High Court, whose decision shall be final and not subject to any appeal.

(3)

(a) An application to the High Court for the determination of any question whether a person has been validly elected as a member of the Assembly may be made by—

(i) a person who voted or had the right to vote at the election to which the application relates;

(ii) a person claiming to have had the right to be returned at such election;

(iii) a person alleging himself to have been a candidate at such election; or

(iv) the Attorney-General.

(b) An application to the High Court for the determination of any question whether an elected member of the Assembly has vacated his seat therein may be made by—

(i) any elected member of the Assembly; or

(ii) the Attorney-General.

(c) If any application referred to in paragraph (a) or (b) of this subsection is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.