Saint Christopher and Nevis Constitution Order 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/881 |
1983 No. 881
SAINT CHRISTOPHER AND NEVIS
The Saint Christopher and Nevis Constitution Order 198322ndJune 1983
23rdJune 1983
Arrangement of Order
Section
1. Citation and commencement.
2. Revocation.
3. Establishment of Constitution.
4. Preparatory measures.
SCHEDULES
1 THE CONSTITUTION OF SAINT CHRISTOPHER AND NEVIS
2 TRANSITIONAL PROVISIONS
At the Court at Buckingham Palace, the 22nd day of June 1983
Present,
The Queen's Most Excellent Majesty in Council
Whereas the status of association of Saint Christopher and Nevis with the United Kingdom will terminate on 19th September 1983 and it is necessary to establish a new constitution for Saint Christopher and Nevis upon its attainment of fully responsible status within the Commonwealth:
And whereas the associated state of Saint Christopher and Nevis has, by a resolution passed in the House of Assembly thereof on 16th March 1983, requested and consented to the making of this Order for that purpose:
Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her in that behalf by section 5(4) of the West Indies Act 1967(a), 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 Saint Christopher and Nevis Constitution Order 1983.
(2) This Order shall come into operation on 23rd June 1983.
(a) 1967 c. 4.
Revocation.
2. The Saint Christopher, Nevis and Anguilla Constitution Order 1967(a), which made provision for the constitution of the associated state of Saint Christopher and Nevis (formerly until 19th December 1980 Saint Christopher, Nevis and Anguilla), is revoked with effect from 19th September 1983.
Establishment of Constitution.
3. The Constitution of Saint Christopher and Nevis set out in schedule 1 to this Order shall come into effect in Saint Christopher and Nevis on 19th September 1983 subject to the transitional provisions set out in schedule 2 to this Order.
Preparatory measures.
4.—(1) Delimitation of the boundaries of the electoral districts in the island of Nevis and the election of members of the Nevis Island Assembly to represent those electoral districts may take place at any time after the commencement of this Order although the constitution referred to in section 3 (in this section referred to as the new constitution) has not yet come into effect but no persons so elected as members of the Assembly shall take their seats in the Assembly until the new constitution comes into effect under that section.
(2) Until the new constitution comes into effect the Governor and any other officer or authority of the associated state of Saint Christopher and Nevis may perform any function conferred by the new constitution upon the Governor-General or, as the case may be, the corresponding officer or authority to such extent as may be necessary or expedient for the purpose of giving effect to subsection (1) in conformity with the terms of the new constitution and the transitional provisions in schedule 2 to this Order and in particular (without prejudice to the generality of the foregoing provisions) the Governor may for that purpose by order make any such provision for any matter relating to the registration of voters and the holding of elections as could be made by Parliament under the new Constitution.
(3) Any procedures begun in pursuance of subsection (1) may be continued after the new constitution comes into effect in accordance with its provisions and those of schedule 2 to this Order.
N.E. Leigh, Clerk of the Privy Council.
(a) S.I. 1967/228.
SCHEDULE 1 TO THE ORDER
THE CONSTITUTION OF SAINT CHRISTOPHER AND NEVIS
Arrangement of sections
CHAPTER I
THE FEDERATION AND THE CONSTITUTION
Section
1. The Federation and its territory.
2. Constitution is supreme law.
CHAPTER II
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
3. Fundamental rights and freedoms.
4. Protection of right to life.
5. Protection of right to personal liberty.
6. Protection from slavery and forced labour.
7. Protection from inhuman treatment.
8. Protection from deprivation of property.
9. Protection from arbitrary search or entry.
10. Provisions to secure protection of law.
11. Protection of freedom of conscience.
12. Protection of freedom of expression.
13. Protection of freedom of assembly and association.
14. Protection of freedom of movement.
15. Protection from discrimination on the grounds of race etc.
16. Emergency measures derogating from s.5 or 15.
17. Protection of persons detained in derogation from s.5.
18. Enforcement of protective provisions.
19. Declaration of emergency.
20. Interpretation and savings.
CHAPTER III
THE GOVERNOR-GENERAL
21. Establishment of office.
22. Acting Governor-General.
23. Deputy to Governor-General.
24. Oaths.
CHAPTER IV
PARLIAMENT
PART 1
Composition of Parliament
Section
25. Establishment.
26. National Assembly.
27. Qualifications for Representatives and Senators.
28. Disqualifications for Representatives and Senators.
29. Election of Representatives.
30. Appointment of Senators.
31. Tenure of office of Representatives and Senators.
32. Speaker and Deputy Speaker.
33. Electoral Commission.
34. Supervisor of Elections.
35. Clerk of National Assembly and his staff.
36. Determination of questions of membership.
PART 2
Legislation and procedure of Parliament
37. Power to make laws.
38. Alteration of Constitution and Supreme Court Order.
39. Oath.
40. Presiding.
41. Voting.
42. Mode of exercise of legislative power.
43. Restrictions with regard to certain financial measures.
44. Regulation of procedure in National Assembly.
45. Freedom of speech.
PART 3
Summoning, prorogation and dissolution
46. Sessions.
47. Prorogation and dissolution.
48. Holding of elections.
PART 4
Delimitation of Constituencies
49. Constituency Boundaries Commission.
50. Review of constituency boundaries.
CHAPTER V
THE EXECUTIVE
Section
51. Executive authority.
52. Ministers.
53. Cabinet.
54. Allocation of portfolios.
55. Absence or illness of Prime Minister.
56. Exercise of Governor-General's functions.
57. Governor-General to be kept informed.
58. Leader of the Opposition.
59. Parliamentary Secretaries.
60. Oaths.
61. Permanent Secretaries.
62. Secretary to Cabinet.
63. Constitution of offices etc.
64. Attorney-General.
65. Control of public prosecutions.
66. Prerogative of mercy.
67. Committee on Prerogative of Mercy.
68. Functions of Committee.
CHAPTER VI
FINANCE
69. Consolidated Fund.
70. Withdrawals from Consolidated Fund or other public funds.
71. Authorisation of expenditure from Consolidated Fund by appropriation law.
72. Authorisation of expenditure in advance of appropriation.
73. Warrants for unforeseen expenditure.
74. Remuneration of certain officers.
75. Public debt.
76. Audit of public accounts etc.
CHAPTER VII
THE PUBLIC SERVICE
PART I
The Public Service Commission
77. Public Service Commission.
78. Appointment etc. of public officers.
PART 2
Appointment etc. to particular offices
79. Appointment etc. of permanent secretaries and certain other officers.
Section
80. Attorney-General when a public officer.
81. Director of Public Prosecutions.
82. Director of Audit.
83. Appointment etc. of magistrates, registrars and legal officers.
PART 3
The Police
84. Police Service Commission.
85. Appointment etc. of police officers.
PART 4
The Public Service Board of Appeal
86. Public Service Board of Appeal.
87. Appeals to Public Service Board of Appeal.
PART 5
Pensions
88. Pensions laws and protection of pensions rights.
89. Power to withold pensions etc.
CHAPTER VIII
CITIZENSHIP
90. Persons who becomes citizens at independence.
91. Persons who become citizens after independence.
92. Registration.
93. Dual citizenship.
94. Acquisition, renunciation, certification and deprivation.
95. Interpretation.
CHAPTER IX
JUDICIAL PROVISIONS
96. Original jurisdiction of High Court in constitutional questions.
97. Reference of constitutional questions to High Court.
98. Appeals to Court of Appeal.
99. Appeals to Her Majesty in Council.
CHAPTER X
THE ISLAND OF NEVIS
100. Nevis Island Legislature.
Section
101. Nevis Island Assembly.
102. Nevis Island Administration.
103. Power to make laws.
104. Provisions applied with modifications.
105. Exercise of Governor-General's functions.
106. Responsibilities of Administration.
107. Public safety and public order.
108. Finance.
109. Staff.
110. Revenue allocation.
111. Grants and loans.
112. Disputes between Administration and Government.
113. Separation of Nevis from Saint Christopher.
114. Interpretation.
CHAPTER XI
MISCELLANEOUS
115. Secession of Nevis.
116. Functions of Governor-General.
117. Resignations.
118. Re-appointment and concurrent appointments.
119. Interpretation.
120. Text of modified provisions.
SCHEDULES
1. PROVISIONS REFERRED TO IN SECTION 38(3).
2. RULES FOR DELIMITATION OF CONSTITUENCIES.
3. ALTERATIONS IF NEVIS SECEDES.
4. FORMS OF OATH.
5. LEGISLATIVE POWERS.
6. TEXT OF PROVISIONS APPLIED WITH MODIFICATIONS.
THE CONSTITUTION OF SAINT CHRISTOPHER AND NEVIS
WHEREAS the People of Saint Christopher and Nevis—
(a) declare that the nation is established on the belief in Almighty God and the inherent dignity of each individual;
(b) assert that they are entitled to the protection of fundamental rights and freedoms;
(c) believe in the concept of true democracy with free and fair elections;
(d) desire the creation of a climate of economic wellbeing in the context of respect for law and order; and
(e) are committed to achieve their national objectives with a unity of purpose:
NOW, THEREFORE, the following provisions shall have effect as the Constitution of Saint Christopher and Nevis:—
CHAPTER I
THE FEDERATION AND THE CONSTITUTION
The Federation and its territory.
1.—(1) The island of Saint Christopher (which is otherwise known as Saint Kitts) and the island of Nevis shall be a sovereign democratic federal state which may be styled Saint Christopher and Nevis or Saint Kitts and Nevis...
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