SAINT LUCIA

CHAPTER 1.01
CONSTITUTION OF SAINT LUCIA
Revised Edition
Showing the law as at 31 December 2006

This is a revised edition of the law, prepared by the Law Revision Commissioner under the authorityof the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—

CONSTITUTION OF SAINT LUCIA
Statutory Instrument 1978 No. 1901 (U.K.), Schedule 1 .. in force 22 February 1979
Amended by Act 17 of 1980 in force 26 September 1980
HOUSE OF ASSEMBLY (REVIEW OF CONSTITUENCY BOUNDARIES) ORDERS –Section 58
Statutory Instrument 39/1973 .. in force 30 November 1973 (S.I.42/1973)
Statutory Instrument 9/1987 in force 11 March 1987 (S.I.11/1987)
Statutory Instrument 51/2001 in force 12 November 2001 (S.I.123/2001)
PUBLIC SERVICE BOARD OF APPEAL REGULATIONS – Section 96
Statutory Instrument 21/1982 .. in force 27 March 1982 (Gazette notice 227/1982)
SAINT LUCIA CONSTITUTION ORDER – West Indies Act of the United Kingdom 1967

Statutory Instrument 1978 No. 1901 (U.K.) .. in force 22 February 1979
LETTERS PATENT
Gazette Notice 963/1986.. in force 13 December 1986
Gazette Notice 964/1986.. in force 13 December 1986
Gazette Notice 965/1986.. in force 13 December 1986
Gazette Notice 971/1986.. in force 13 December 1986
Gazette Notice 972/1986.. in force 13 December 1986
Gazette Notice 975/1986.. in force 13 December 1986

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CHAPTER 1.01
CONSTITUTION OF SAINT LUCIAARRANGEMENT OF SECTIONS
Section

CHAPTER I

10

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

10

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.

Fundamental rights and freedoms ..................................................................... 10
Protection of right to life ..................................................................................... 10
Protection of right to personal liberty .................................................................. 11
Protection from slavery and forced labour.......................................................... 14
Protection from inhuman treatment .................................................................... 14
Protection from deprivation of property .............................................................. 14
Protection from arbitrary search or entry ............................................................ 18
Provisions to secure protection of law ................................................................ 19
Protection of freedom of conscience .................................................................. 22
Protection of freedom of expression .................................................................. 23
Protection of freedom of assembly and association ........................................... 24
Protection of freedom of movement ................................................................... 25
Protection from discrimination on the grounds of race, etc ................................ 27
Emergency powers ............................................................................................ 28
Protection of persons detained under emergency laws...................................... 29
Enforcement of protective provisions ................................................................. 30
Declaration of emergency .................................................................................. 31
Interpretation and savings .................................................................................. 32

CHAPTER II

34

THE GOVERNOR GENERAL

34

19.
20.
21.
22.

Establishment of office ....................................................................................... 34
Acting Governor General ................................................................................... 34
Oaths ................................................................................................................. 34
Deputy to Governor General .............................................................................. 34

CHAPTER III

35

PARLIAMENT

35

PART 135

Composition of Parliament .................................................................................................. 35
23.
Establishment .................................................................................................... 36

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The Senate ..........................................................................................................................36
24.
Composition ........................................................................................................36
25.
Qualifications ......................................................................................................36
26.
Disqualifications ..................................................................................................37
27.
Tenure of office ...................................................................................................38
28.
Inability................................................................................................................40
29.
President and Deputy President .........................................................................41
The House of Assembly .......................................................................................................42
30.
Composition ........................................................................................................42
31.
Qualifications for election ....................................................................................4232.
Disqualifications for election ...............................................................................43
33.
Elections .............................................................................................................45
34.
Tenure of office ...................................................................................................45
35.
Speaker ..............................................................................................................47
36.
Deputy Speaker ..................................................................................................48
37.
Responsibility for elections .................................................................................49
General provisions ...............................................................................................................50
38.
Clerks of Senate and House of Assembly and their staff ....................................50
39.
Determination of questions of membership.........................................................50

PART 252

LEGISLATION AND PROCEDURE OF PARLIAMENT

52

40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.

Power to make laws ............................................................................................52
Alteration of Constitution and Supreme Court Order...........................................52
Freedom of speech .............................................................................................55
Oath by Members ...............................................................................................55
Presiding .............................................................................................................55
Voting..................................................................................................................56
Penalty for sitting if unqualified ...........................................................................56
Mode of exercise of legislative power .................................................................57
Restrictions with regard to certain financial measures ........................................57
Restrictions on powers of Senate as to money bills ............................................58
Restrictions on powers of Senate as to bills other than money bills ...................58
Provision relating to ss. 49 and 50 ......................................................................60
Scrutiny of electoral legislation ...........................................................................61
Regulation of procedure......................................................................................61

PART 361

SUMMONING, PROROGATION AND DISSOLUTION

61

54.
55.
56.

Sessions .............................................................................................................61
Prorogation and dissolution ................................................................................62
Holding of elections.............................................................................................63

PART 4

63

CONSTITUENCY BOUNDARIES AND ELECTORAL COMMISSIONS

63

57.

Constituency Boundaries Commission and Electoral Commission .....................63

PART 566

DELIMITATION OF CONSTITUENCIES

66

58.

Review of constituency boundaries ....................................................................66

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CHAPTER IV

67

THE EXECUTIVE

67

59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.

Executive authority ............................................................................................. 67
Ministers of the Government .............................................................................. 67
Cabinet of Ministers ........................................................................................... 69
Allocation of portfolios to Ministers ..................................................................... 70
Performance of functions of Ministers during absence or illness ....................... 70
Exercise of Governor General’s functions .......................................................... 71
Governor General to be informed concerning matters of government ............... 72
Oaths to be taken by Ministers, etc .................................................................... 72
Leader of the Opposition .................................................................................... 72
Parliamentary Secretaries .................................................................................. 73
Permanent Secretaries ...................................................................................... 74
Secretary to the Cabinet .................................................................................... 74
Constitution of offices, etc .................................................................................. 75
Attorney General ................................................................................................ 75
Control of public prosecutions ............................................................................ 76
Prerogative of mercy .......................................................................................... 77
Committee on Prerogative of mercy................................................................... 77
Procedure in capital cases ................................................................................. 78

CHAPTER V

78

FINANCE

78

77.
78.
79.
80.
81.
82.
83.
84.

Consolidated Fund ............................................................................................. 78
Withdrawals from Consolidated Fund or other public funds ............................... 79
Authorisation of expenditure from Consolidated Fund by appropriation law ...... 79
Authorisation of expenditure in advance of appropriation .................................. 80
Contingencies Fund ........................................................................................... 80
Remuneration of certain officers ........................................................................ 81
Public debt ......................................................................................................... 81
Audit of public accounts, etc .............................................................................. 82

CHAPTER VI

83

THE PUBLIC SERVICE

83

PART 1

83

The Public Service Commission ......................................................................................... 83
85.
Public Service Commission................................................................................ 83
86.
Appointment, etc., of public officers ................................................................... 85

PART 2

86

Appointments, etc., to particular offices .............................................................................. 86
87.
Appointment, etc., of Permanent Secretaries and certain other officers ............ 87
88.
Chief Elections Officer........................................................................................ 88
89.
Director of Public Prosecutions .......................................................................... 90
90.
Director of Audit ................................................................................................. 92
91.
Appointment, etc. of magistrates, registrars and legal officers ........................... 93

PART 394

The Teaching Service Commission .................................................................................... 94
92.
Teaching Service Commission........................................................................... 94

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93.

Appointment, etc., of teachers ............................................................................97

PART 4

97

The Police ...........................................................................................................................97
94.
Police Force ........................................................................................................97

PART 598

The Public Service Board of Appeal ....................................................................................98
95.
Public Service Board of Appeal ..........................................................................99
96.
Appeals in discipline cases ...............................................................................101

PART 6102

Pensions ..........................................................................................................................102
97.
Pensions laws and protection of pensions rights ..............................................102
98.
Power to withhold pensions, etc .......................................................................103

CHAPTER VII

104

CITIZENSHIP

104

99.
100.
101.
102.
103.
104.

Persons who become citizens on 22 February 1979 ........................................104
Persons born in Saint Lucia on or after 22 February 1979................................105
Persons born outside Saint Lucia on or after 22 February 1979 .......................106
Registration .......................................................................................................106
Acquisition, deprivation and renunciation..........................................................108
Interpretation .....................................................................................................108

CHAPTER VIII

109

JUDICIAL PROVISIONS

109

105.
106.
107.
108.
109.

Original Jurisdiction of High Court in constitutional questions...........................109
Reference of constitutional questions to High Court .........................................110
Appeals to Court of Appeal ...............................................................................110
Appeals to Her Majesty in Council ....................................................................111
Interpretation .....................................................................................................112

CHAPTER IX

112

PARLIAMENTARY COMMISSIONER

112

110.
111.
112.
113.
114.
115.
116.
117.

Appointment, etc., of Commissioner .................................................................112
Deputy Parliamentary Commissioner................................................................114
Functions of Commissioner ..............................................................................114
Restrictions on matters for investigation ...........................................................115
Discretion of Commissioner ..............................................................................116
Report on investigation .....................................................................................117
Power to obtain evidence..................................................................................117
Prescribed matters concerning Commissioner .................................................118

CHAPTER X

119

MISCELLANEOUS

119

118.
119.
120.

The integrity Commission .................................................................................119
Declaration of assets ........................................................................................122
Supreme law .....................................................................................................122

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121.
122.
123.
124.

Functions of Governor General ........................................................................ 122
Resignations .................................................................................................... 123
Re-appointment and concurrent appointments ................................................ 124
Interpretation .................................................................................................... 124

SCHEDULE 1 TO THE CONSTITUTION

130

ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER

130

PART I130PROVISIONS OF CONSTITUTION REFERRED TO IN SECTION 41(2)130PART II130

PROVISIONS OF THE SUPREME COURT ORDER REFERRED TO IN
SECTION 41(2)130

SCHEDULE 2 TO THE CONSTITUTION

130

RULES CONCERNING CONSTITUENCIES130SCHEDULE 3 TO THE CONSTITUTION

131

MATTERS NOT SUBJECT TO INVESTIGATION BY PARLIAMENTARYCOMMISSIONER

131

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CHAPTER 1.01
CONSTITUTION OF SAINT LUCIA(Statutory Instrument 1978 No. 1901 (U.K.) Schedule 1 and Act 17 of 1980)

Editor’s note: This Constitution is Schedule 1 to the Saint Lucia
Constitution Order 1978 of the United Kingdom
WHEREAS the People of Saint Lucia—(a) affirm their faith in the supremacy of the Almighty God;(b) believe that all persons have been endowed equally by
God with inalienable rights and dignity;(c) recognise that the enjoyment of these rights depends uponcertain fundamental freedoms namely, freedom of theperson, of thought, of expression, of communication, of
conscience and of association;(d) maintain that these freedoms can only be safeguarded by
the rule of law;(e) realise that human dignity requires respect for spiritualvalues; for private family life and property; and theenjoyment of an adequate standard of economic andsocial well-being dependent upon the resources of theState;(f) respect the principles of social justice and therefore
believe that the operation of the economic system should
result in the material resources of the community being so
distributed as to subserve the common good, that there
should be adequate means of livelihood for all, that labour
should not be exploited or forced by economic necessity
to operate in inhumane conditions but that there should beopportunity for advancement on the basis of recognitionof merit, ability and integrity;(g) express their commitment to democracy, in particular the
principle of a government freely elected on the basis ofuniversal adult suffrage.
(h) consider that individually, each person has duties towards
every other and to the community and is under obligation
to observe and promote the rights, freedoms and values
recognised in this constitution;

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(i)

(j)

pledge their support for international peace and security,
for friendly relations among nations and the promotion ofuniversal respect for human rights and freedoms; and theirco-operation in solving by peaceful means international
problems of an economic, social or political character;desire that this Constitution shall reflect and makeprovision for ensuring and protecting these rights,
freedoms and values.

NOW, THEREFORE, the following provisions shall haveeffect as the Constitution of Saint Lucia:

CHAPTER IPROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
1.

FUNDAMENTAL RIGHTS AND FREEDOMS

Whereas every person in Saint Lucia is entitled to the fundamental
rights and freedoms, that is to say, the right, whatever his or her race,
place of origin, political opinions, colour, creed or sex, but subject torespect 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, equality before the law
and the protection of the law;(b) freedom of conscience, of expression and of assembly andassociation; and(c) protection for his or her family life, his or her personalprivacy, the privacy of his or her home and other property
and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose ofaffording protection to those 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 any person does not prejudice the rights andfreedoms of others or the public interest.
2.

PROTECTION OF RIGHT TO LIFE

(1)

A person shall not be deprived of his or her life intentionallysave in execution of the sentence of a court in respect of a

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criminal offence under any law of which he or she has been
convicted.
(2)

A person shall not be regarded as having been deprived of hisor her life in contravention if he or she dies as the result of theuse, 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 escapeof a person lawfully detained;(c) for the purpose of suppressing a riot, insurrection or
mutiny; or(d) in order to prevent the commission by that person of acriminal offence,or if he or she dies as the result of a lawful act of war.

3.

PROTECTION OF RIGHT TO PERSONAL LIBERTY(1)

A person shall not be deprived of his or her personal liberty
save as may be authorised by law in any of the following cases,that is to say—(a) in consequence of his or her unfitness to plead to acriminal charge or in execution of the sentence or order ofa court, whether established for Saint Lucia or some othercountry, in respect of a criminal offence of which he or
she has been convicted;(b) in execution of the order of the High Court or the Court ofAppeal punishing him or her for contempt of the High
Court or the Court of Appeal or of another court or
tribunal;(c) execution of the order of a court made to secure thefulfilment of any obligation imposed on him or her bylaw;(d) for the purpose of bringing him or her before a court in
execution of the order of a court;(e) upon a reasonable suspicion of his or her having
committed, or being about to commit, a criminal offence
under any law;12Cap. 1.01

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(f)

(g)
(h)

(i)

(j)

under the order of a court or with the consent of his or her
parent or guardian, for his or her education or welfare
during any period ending not later than the date when heor she attains the age of 18 years;
for the purpose of preventing the spread of an infectious
or contagious disease;in the case of a person who is, or is reasonably suspected
to be, of unsound mind, addicted to drugs or alcohol, or avagrant, for the purpose of his or her care or treatment or
the protection of the community;
for the purpose of preventing his or her unlawful entry
into Saint Lucia, or for the purpose of effecting his or her
expulsion, extradition or other lawful removal from Saint
Lucia or for the purpose of restraining him or her while heor she is being conveyed through Saint Lucia in thecourse of his or her extradition or removal as a convictedprisoner from one country to another; or
to such extent as may be necessary in the execution of alawful order requiring him or her to remain within a
specified area within Saint Lucia, or prohibiting him or
her from being within such an area, or to such extent as
may be reasonably justifiable for the taking ofproceedings against him or her with a view to the makingof any such order or relating to such an order after it has
been made, or to such extent as may be reasonably
justifiable for restraining him or her during any visit thathe or she is permitted to make to any part of Saint Lucia
in which, in consequence of any such order, his or her
presence would otherwise be unlawful.

(2)

Any person who is arrested or detained shall with reasonablepromptitude and in any case no later than 24 hours after sucharrest or detention be informed in a language that he or she
understands of the reasons for his or her arrest or detention andbe afforded reasonable facilities for private communication andconsultation with a legal practitioner of his or her own choice
and, in the case of a minor, with his or her parents or guardian.

(3)

Any person who is arrested or detained—(a) for the purpose of bringing him or her before a court in
execution of the order of a court; orLaws of Saint Lucia

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upon reasonable suspicion of his or her having
committed, or being about to commit, a criminal offence
under any law

and who is not released, shall be brought before a court without
undue delay and in any case not later than 72 hours after sucharrest or detention.
(4)

Where any person is brought before a court in execution of theorder of a court in any proceedings or upon suspicion of his or
her having committed or being about to commit an offence, heor she shall not be thereafter further held in custody inconnection with those proceedings or that offence save upon theorder of a court.

(5)

If any person arrested or detained as mentioned in subsection(3)(b) is not tried within a reasonable time, then without
prejudice to any further proceedings that may be brought
against him or her, he or she shall be released either
unconditionally or upon reasonable conditions, including inparticular such conditions as are reasonably necessary to ensurethat he or she appears at a later date for trial or for proceedings
preliminary to trial, and such conditions may include bail solong as it is not excessive.

(6)

Any person who is unlawfully arrested or detained by any otherperson shall be entitled to compensation therefor from that otherperson or from any other person or authority on whose behalfthat other person was acting:
Provided that a judge, a magistrate or a justice of the peace oran officer of a court or a police officer shall not be under any
personal liability to pay compensation under this subsection inconsequence of any act performed by him or her in good faith
in the discharge of the functions of his or her office and any
liability to pay any such compensation in consequence of any
such act shall be a liability of the Crown.

(7)

For the purposes of subsection (1)(a) a person charged before acourt with a criminal offence in respect of whom a special
verdict has been returned that he or she was guilty of the act oromission charged but was insane when he or she did the act ormade the omission shall be regarded as a person who has been
convicted of a criminal offence and the detention of a person in14Cap. 1.01

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consequence of such a verdict shall be regarded as detention in
execution of the order of a court.
4.

5.

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 ororder of a court;(b) labour required of any person while he or she is lawfully
detained that, though not required in consequence of thesentence or order of a court, is reasonably necessary in theinterests of hygiene or for the maintenance of the place atwhich he or she is detained;(c) any labour required of a member of a disciplined force inpursuance of his or her duties as such or, in the case of aperson who has conscientious objections to service as amember of a naval, military or air force, any labour thatthat person is required by law to perform in place of suchservice;(d) any labour required during any period of public
emergency or in the event of any accident or naturalcalamity that threatens the life and well-being of thecommunity, 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 aresult of that accident or natural calamity, for the purposeof dealing with that situation.

PROTECTION FROM INHUMAN TREATMENT

No person shall be subjected to torture or to inhuman or degrading
punishment or other treatment.
6.

PROTECTION FROM DEPRIVATION OF PROPERTY(1)

No property of any description shall be compulsorily taken
possession of, and no interest in or right over property of any

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description shall be compulsorily acquired, except for a public
purpose and except where provision is made by a law
applicable to that taking of possession or acquisition for the
prompt payment of full compensation.
(2)

Every person having an interest in or right over property that iscompulsorily taken possession of or whose interest in or rightover any property is compulsorily acquired shall have a right of
direct access to the High Court for—(a) determining the nature and extent of that interest or right;(b) determining whether that taking of possession or
acquisition was duly carried out in accordance with a law
authorising the taking of possession or acquisition;(c) determining what compensation he or she is entitled tounder the law applicable to that taking of possession or
acquisition;(d) obtaining that compensation:
Provided that if Parliament so provides in relation to any matter
referred to in paragraph (a) or (c) the right of access shall be by
way of appeal (exercisable as of right at the instance of theperson having the interest in or right over the property) from a
tribunal or authority, other than the High Court, having
jurisdiction under any law to determine that matter.

(3)

The Chief Justice may make rules with respect to the practiceand procedure of the High Court or, subject to such provision as
may have been made in that behalf by Parliament, with respect
to the practice and procedure of any other tribunal or authority
in relation to the jurisdiction conferred on the High Court bysubsection (2) or exercisable by the other tribunal or authority
for the purposes of that subsection (including rules with respect
to the time within which applications or appeals to the High
Court or applications to the other tribunal or authority may bebrought).

(4)

No person who is entitled to compensation under this section
shall be prevented from remitting, within a reasonable timeafter he or she has received any amount of that compensation in
the form of a sum of money or, as the case may be, has received
any such amount in some other form and has converted any ofthat amount into a sum of money, the whole of that sum ofmoney (free from any deduction charge or tax made or levied in16Cap. 1.01

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respect of its remission) to any country of his or her choiceoutside Saint Lucia.
(5)

Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention ofsubsection (4) to the extent that the law in question authorises—(a) the attachment, by order of a court, of any amount ofcompensation to which a person is entitled in satisfactionof the judgment of a court or pending the determination ofcivil proceedings to which he or she is a party;(b) the imposition of reasonable restrictions on the manner inwhich any sum of money is to be remitted; or(c) the imposition of reasonable restrictions upon theremission of any sum of money in order to prevent or
regulate the transfer to a country outside Saint Lucia ofcapital raised in Saint Lucia or in some other country orderived from the natural resources of Saint Lucia.

(6)

Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention ofsubsection (1)—(a) to the extent that the law in question makes provision for
the taking of possession or acquisition of any property,
interest or right—(i) in satisfaction of any tax, rate or due,(ii) by way of penalty for breach of any law orforfeiture in consequence of breach of any law,(iii) as an incident of a lease, tenancy, mortgage,
hypothec, charge, bill of sale, pledge or contract,(iv) in the execution of judgments or orders of a court inproceedings for the determination of civil rights or
obligations,(v) in circumstances where it is reasonably necessary soto do because the property is in a dangerous state or
likely to be injurious to the health of human beings,
animals or plants,(vi) in consequence of any law with respect to thelimitation of actions, or(vii) for so long only as may be necessary for the
purposes of any examination, investigation, trial orLaws of Saint Lucia

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inquiry or, in the case of land, for the purposes of
the carrying out thereon of work of soil
conservation or the conservation of other natural
resources or work relating to agriculturaldevelopment or improvement (being work relating
to such development or improvement that the owneror occupier of the land has been required, and has
without reasonable excuse refused or failed, to carryout),
and except so far as that provision or, as the case may be, thething done under the authority thereof is shown not to bereasonably justifiable in a democratic society; or(b) to the extent that the law in question makes provision for
the taking of possession or acquisition of any of thefollowing property (including an interest in or right overproperty), that is to say—(i) enemy property,(ii) property of a deceased person, a person of unsoundmind or a person who has not attained the age of 18
years, for the purpose of its administration for the
benefit of the persons entitled to the beneficial
interest therein,(iii) property of a person adjudged bankrupt or a body
corporate in liquidation, for the purpose of its
administration for the benefit of the creditors of thebankrupt or body corporate and, subject thereto, forthe benefit of other persons entitled to the beneficial
interest in the property, or(iv) property subject to a trust, for the purpose of vesting
the property in persons appointed as trustees under
the instrument creating the trust or by a court or, byorder of a court, for the purpose of giving effect tothe trust.
(7)

Nothing contained in or done under the authority of any law
enacted by Parliament shall be held to be inconsistent with or incontravention of this section to the extent that the law inquestion makes provision for the compulsory taking of
possession of any property, or the compulsory acquisition of
any interest in or right over property, where that property,
interest or right is held by a body corporate established by law

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for public purposes in which no monies have been invested
other than monies provided by Parliament.
(8)

In this section—“property” means any land or other thing capable of being
owned or held in possession and includes any right
relating thereto, whether under a contract, trust or law orotherwise and whether present or future, absolute orconditional;“acquisition”, in relation to an interest in or right over property,means transferring that interest or right to another personor extinguishing or curtailing that interest or right.

7.

PROTECTION FROM ARBITRARY SEARCH OR ENTRY(1)

Except with his or her own consent, a person shall not be
subjected to the search of his or her person or his or her
property or the entry by others on his or her premises.

(2)

Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of thissection 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,town and country planning, the development andutilisation of mineral resources or the development or
utilisation of any property for a purpose beneficial to thecommunity;(b) that is reasonably required for the purpose of protecting
the rights or freedoms of other persons;(c) that authorises an officer or agent of the Government, a
local government authority or a body corporate
established by law for public purposes to enter on thepremises 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 theGovernment or to that authority or body corporate, as thecase may be; or(d) that authorises, for the purpose of enforcing the judgment
or order of a court in any civil proceedings, the search of

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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 bereasonably justifiable in a democratic society.
8.

PROVISIONS TO SECURE PROTECTION OF LAW(1)If any person is charged with a criminal offence, then, unlessthe charge is withdrawn, the case shall be afforded a fairhearing within a reasonable time by an independent andimpartial 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 provedor has pleaded guilty;(b) shall be informed as soon as reasonably practicable, in alanguage that he or she understands and in detail, of thenature of the offence charged;(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 thecourt in person or, at his or her own expense, by a legal
practitioner of his or her own choice;(e) shall be afforded facilities to examine in person or by hisor her legal representative the witnesses called by theprosecution before the court, and to obtain the attendanceand 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 called by the prosecution;and(f) shall be permitted to have without payment the assistanceof an interpreter if he or she cannot understand thelanguage used at the trial,and except with his or her own consent the trial shall not takeplace in his or her absence unless he or she so conducts himself
or herself 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:20

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Provided that the trial may take place in his or her absence inany case in which it is so provided by a law under which he or
she is entitled to adequate notice of the charge and the date,time and place of the trial and a reasonable opportunity of
appearing before the court.
(3)

When a person is tried for any criminal offence, the accused
person or any person authorised by him or her in that behalf
shall, if he or she so requires and subject to payment of suchreasonable fee as may be prescribed by law, be given within areasonable time after judgment a copy for the use of the accused
person of any record of the proceedings made by or on behalf ofthe court.

(4)

A person shall not 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)

A person who shows that he or she has been tried by acompetent court for a criminal offence and either convicted or
acquitted shall not 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 asuperior court in the course of appeal or review proceedings
relating to the conviction or acquittal.

(6)

A person shall not be tried for a criminal offence if he or sheshows that he or she has been pardoned for that offence.

(7)

A person who is tried for a criminal offence shall not becompelled to give evidence at the trial.

(8)

Any court or other authority prescribed by law for thedetermination of the existence or extent of any civil right or
obligation shall be established by law and shall be independentand impartial; and where proceedings for such a determination
are instituted by any person before such a court or otherauthority, the case shall be given a fair hearing within areasonable time.

(9)

Where the existence or extent of any civil right or obligation
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so requires and subject to payment of such reasonable fee as
may be prescribed by law, be entitled to obtain within areasonable time after the judgment or other determination a
copy of any record of the proceedings made by or on behalf ofthe court or other authority.
(10) Except with the agreement of all the parties thereto, allproceedings of every court and proceedings for thedetermination of the existence or extent of any civil right or
obligation before any other authority, including theannouncement of the decision of the court or other authority,
shall be held in public.
(11) Nothing in subsection (10) shall prevent the court or otheradjudicating authority from excluding from the proceedings
persons other than the parties thereto and the legal practitioners
representing them to such extent as the court or otherauthority—(a) may by law be empowered to do and may consider
necessary or expedient in circumstances where publicity
would prejudice the interests of justice or in interlocutory
proceedings or in the interests of public morality, thewelfare of persons under the age of 18 years or theprotection of the private lives of persons concerned in theproceedings; or(b) may by law be empowered or required to do in theinterests of defence, public safety or public order.
(12) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of—(a) subsection (2)(a) to the extent that the law in question
imposes upon 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 reasonable 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; or(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 andconviction or acquittal of that member under thedisciplinary law of that force, so, however, that any court

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so trying such a member and convicting him or her shallin sentencing him or her to any punishment take into
account any punishment awarded him or her under thatdisciplinary law.
(13) In the case of any person who is held in lawful detention theprovisions of subsection (1), (2)(d), (2)(e) and (3) shall not
apply in relation to his or her trial for a criminal offence under
the law regulating the discipline of persons held in suchdetention.
(14) In this section “criminal offence” means a criminal offence
under a law.
9.

PROTECTION OF FREEDOM OF CONSCIENCE(1)

Except with his or her own consent, a person shall not behindered in the enjoyment of his or her freedom of conscience,
including freedom of thought and of religion, freedom tochange his or her religion or belief and freedom, either alone orin community with others, and both in public and in private, tomanifest and propagate his or her religion or belief in worship,teaching, practice and observance.

(2)

Except with his or her own consent (or, if he or she is a person
under the age of 18 years, the consent of his or her guardian) a
person attending any place of education, detained in any prisonor corrective institution or serving in a naval, military or air
force shall not be required to receive religious instruction or totake part in or attend any religious ceremony or observance ifthat instruction ceremony or observance relates to a religion
which is not his or her 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 maintains; and no such community
shall be prevented from providing religious instruction for
persons of that community in the course of any education
provided by that community whether or not it is in receipt of agovernment subsidy or other form of financial assistancedesigned to meet in whole or in part the cost of such course of
education.

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(4)

A person shall not be compelled to take any oath which iscontrary to his or her religion or belief or to take any oath in amanner which is contrary to his or her 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 thissection 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 ofother persons, including the right to observe and practise
any religion without the unsolicited intervention ofmembers of any other religion; or(c) for the purpose of regulating educational institutions in
the interests of the persons who receive or may receive
instruction in them,and except so far as that provision or, as the case may be, thething done under the authority thereof is shown not to bereasonably justifiable in a democratic society.

(6)

10.

References in this section to a religion shall be construed asincluding references to a religious denomination, and cognate
expressions shall be construed accordingly.

PROTECTION OF FREEDOM OF EXPRESSION(1)

Except with his or her own consent, a person shall not behindered in the enjoyment of his or her freedom of expression,
including freedom to hold opinions without interference,
freedom to receive ideas and information without interference,
freedom to communicate ideas and information without
interference (whether the communication be to the publicgenerally or to any person or class of persons) and freedom
from interference with his or her correspondence.

(2)

Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of thissection to the extent that the law in question makes provision—(a) that is reasonably required in the interests of defence,
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(b)

(c)

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 andindependence of the courts or regulating the technicaladministration or the technical operation of telephony,telegraphy, posts, wireless broadcasting or television; orthat imposes restrictions upon public officers that arereasonably required for the proper performance of theirfunctions,and except so far as that provision or, as the case may be, thething done under the authority thereof is shown not to bereasonably justifiable in a democratic society.
11.

PROTECTION OF FREEDOM OF ASSEMBLY AND
ASSOCIATION(1)

Except with his or her own consent, a person shall not behindered in the enjoyment of his or her freedom of 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 trade unions or other associations for the protection of
his or her interests or to form or belong to political parties orother political associations.

(2)

Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of thissection 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 publichealth;(b) that is reasonably required for the purpose of protecting
the rights or freedoms of other persons; or(c) that imposes restrictions upon public officers that arereasonably required for the proper performance of theirfunctions,and except so far as that provision or, as the case may be, thething done under the authority thereof is shown not to bereasonably justifiable in a democratic society.

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12.

PROTECTION OF FREEDOM OF MOVEMENT(1)

A person shall not be deprived of his or her freedom of
movement that is to say, the right to move freely throughout
Saint Lucia, the right to reside in any part of Saint Lucia, theright to enter Saint Lucia, the right to leave Saint Lucia andimmunity from expulsion from Saint Lucia.

(2)

Any restriction on a person’s freedom of movement that is
involved in his or her lawful detention shall not be held to beinconsistent 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 thissection to the extent that the law in question makes provision—(a) for the imposition of restrictions on the movement orresidence within Saint Lucia of any person or on any
person’s right to leave Saint Lucia that are reasonably
required in the interests of defence, public safety or publicorder;(b) for the imposition of restrictions on the movement orresidence within Saint Lucia or on the right to leave Saint
Lucia of persons generally or any class of persons in theinterests of defence, public safety, public order, public
morality or public health or, in respect of the right toleave Saint Lucia, of securing compliance with any
international obligation of the Government particulars ofwhich have been laid before the Senate and the House andexcept so far as that provision or, as the case may be, thething done under the authority thereof is shown not to bereasonably justifiable in a democratic society;(c) for the imposition of restrictions, by order of a court, on
the movement or residence within Saint Lucia of any
person or on any person’s right to leave Saint Lucia either
in consequence of his or her having been found guilty of acriminal offence under a law or for the purpose of
ensuring 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 Saint Lucia;(d) for the imposition of restrictions on the freedom of
movement of any person who is not a citizen;

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(e)
(f)

(g)

(h)

for the imposition of restrictions on the acquisition or use
by any person of land or other property in Saint Lucia;
for the imposition of restrictions upon the movement orresidence within Saint Lucia or on the right to leave Saint
Lucia of any public officer that are reasonably required
for the proper performance of his or her functions;for the removal of a person from Saint Lucia 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 some other country in execution of thesentence of a court in respect of a criminal offence undera law of which he or she has been convicted; orfor the imposition of restrictions on the right of any
person to leave Saint Lucia that are reasonably required inorder to secure the fulfilment of any obligations imposedon that person by law

and except so far as that provision or, as the case may be, thething done under the authority thereof is shown not to bereasonably justifiable in a democratic society.
(4)

If any person whose freedom of movement has been restrictedby virtue of such a provision as is referred to in subsection(3)(a) so requests at any time during the period of that
restriction not earlier than 21 days after the order was made or 3
months after he or she last made such a request, as the case may
be, his or her case shall be reviewed by an independent andimpartial tribunal presided over by a person appointed by the
Chief Justice from among persons who are legal practitioners.

(5)

On any review by a tribunal in pursuance of subsection (4) of
the case of any person whose freedom of movement has been
restricted, the tribunal may make recommendations concerning
the necessity or expediency of the continuation of 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.

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13.

PROTECTION FROM DISCRIMINATION ON THE GROUNDS OF
RACE, ETC

(1)

Subject to the provisions of subsections (4), (5) and (7), no law
shall make any provision that is discriminatory either of itself orin its effect.

(2)

Subject to the provisions of subsections (6), (7) and (8), no
person shall be treated in a discriminatory manner by any
person or authority.

(3)

In this section, the expression “discriminatory” means affording
different treatment to different persons attributable wholly or
mainly to their respective descriptions by sex, race, place oforigin, 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 madesubject or are accorded privileges or advantages which are notaccorded to persons of another such description.

(4)

Subsection (1) shall not apply to any law so far as that law
makes provision—(a) for the appropriation of public revenues or other publicfunds;(b) with respect to persons who are not citizens;(c) for the application, in the case of persons of any suchdescription as is mentioned in subsection (3) (or of
persons connected with such persons), of the law withrespect to adoption, marriage, divorce, burial, devolutionof property on death or other like matters which is the
personal law of persons of that description;(d) whereby persons of any such description as is mentioned
in subsection (3) may be subjected to any disability or
restriction or may be accorded any privilege or advantage
that, 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.

(5)

Nothing contained in any law shall be held to be inconsistent
with or in contravention of subsection (1) to the extent that it
makes provision with respect to standards or qualifications (notbeing standards or qualifications specifically relating to sex,
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required of any person who is appointed to or to act in any
office or employment.

14.

(6)

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

(7)

Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention to theextent that the law in question makes provision whereby
persons of any such description as is mentioned in subsection(3) may be subjected to any restriction on the rights andfreedoms guaranteed by sections 7, 9, 10, 11 and 12, being sucha restriction as is authorised by section 7(2), 9(5), 10(2), 11(2),
12(3)(a), 12(3)(b) or 12(3)(h), as the case may be.

(8)Nothing contained 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 personby or under this Constitution or any other law.

EMERGENCY POWERS(1)

Without prejudice to the powers of Parliament, but subject tothe provisions of this section, where any period of public
emergency exists, the Governor General may, due regard being
had to the circumstances of any situation likely to arise or exist
during such period, make regulations for the purpose of dealing
with that situation and issue orders and instructions for the
purpose of the exercise of any powers conferred on him or heror any other person by any law referred to in subsection (3) or
instrument made under this section or any such law.

(2)

Without prejudice to the generality of subsection (1) regulations
made under that subsection may make provision for thedetention of persons.

(3)

A law enacted by Parliament that is passed during a period of
public emergency and is expressly declared to have effect only
during that period or any regulation made under subsection (1)shall have effect even though inconsistent with sections 3 or 13
except in so far as its provisions may be shown not to bereasonably justifiable for the purpose of dealing with thesituation that exists during that period.

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15.

PROTECTION OF PERSONS DETAINED UNDER EMERGENCY
LAWS

(1)

When a person is detained by virtue of any such law as isreferred to in section 14 the following provisions shall apply,that is to say—(a) he or she shall, with reasonable promptitude and in any
case not more than 7 days after the commencement of hisor her detention, be informed in a language that he or she
understands and in detail of the grounds upon which he or
she is detained and furnished with a written statement inEnglish specifying those grounds in detail;(b) not more than 14 days after the commencement of his or
her detention, a notification shall be published in the
Official Gazette stating that he or she has been detained
and giving particulars of the provision of law under which
his or her detention is authorised;(c) not more than one month after the commencement of hisor her detention and thereafter during his or her detention
at intervals of not more than 3 months, his or her caseshall 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 legal practitioners;(d) he or she shall be afforded reasonable facilities for private
communication and consultation with a legal practitionerof his or her own choice who shall be permitted to makerepresentations to the tribunal appointed for the review of
the case of the detained person; and(e) at the hearing of his or her case by the tribunal appointed
for the review of his or her case he or she shall bepermitted to appear in person or to be represented by alegal practitioner of his or her own choice.

(2)

On any review by a tribunal in pursuance of this section of thecase of a detained person, the tribunal may makerecommendations concerning the necessity or expediency ofcontinuing his or her detention to the authority by which it wasordered but, unless it is otherwise provided by law, that
authority shall not be obliged to act in accordance with any such
recommendations.

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(3)

16.

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

ENFORCEMENT OF PROTECTIVE PROVISIONS(1)

If any person alleges that any of the provisions of sections 2 to
15 inclusive has been, is being or is likely to be contravened inrelation to him or her (or, in the case of a person who isdetained, 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 (or that other person) may apply to theHigh Court for redress.

(2)

The High Court shall have original jurisdiction—(a) to hear and determine any application made by any person
in pursuance of subsection (1); and(b) to determine any question arising in the case of any
person which is referred to it in pursuance of subsection(3),and may make such declarations and 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 theprovisions of sections 2 to 15 (inclusive):
Provided that the High Court may decline to exercise its powers
under this subsection if it is satisfied that adequate means ofredress 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 ofAppeal or the High Court or a court-martial) any question arises
as to the contravention of any of the provisions of sections 2 to
15 (inclusive), the person presiding in that court may, and shallif any party to the proceedings so requests, refer the question to
the High Court unless, in his or her opinion, the raising of thequestion is merely frivolous or vexatious.

(4)

Where any question is referred to the High Court in pursuanceof subsection (3), the High Court shall give its decision upon
the question and the court in which the question arose shalldispose of the case in accordance with that decision or, if that

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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 inCouncil.

17.

(5)

The High Court shall have such powers in addition to those
conferred by this section as may be conferred upon it by
Parliament for the purpose of enabling it more effectively to
exercise the jurisdiction conferred upon it by this section.

(6)

The Chief Justice may make rules with respect to the practiceand 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 bebrought and references shall be made to the High Court).

DECLARATION OF EMERGENCY(1)

The Governor General 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 proclamation under this section shall not be effective unless it
contains a declaration that the Governor General is satisfied—(a) that a public emergency has arisen as a result of theimminence of a state of war between Saint Lucia and aforeign state;(b) that a public emergency has arisen as a result of theoccurrence of any earthquake, hurricane, flood, fire,
outbreak of pestilence or of infectious disease, or othercalamity whether similar to the foregoing or not; or(c) that action has been taken, or is immediately threatened,by any person, of such a nature and on so extensive ascale, as to be likely to endanger the public safety or to
deprive the community or any substantial portion of thecommunity of supplies or services essential to life.

(3)

Every declaration of emergency shall lapse—(a) in the case of a declaration made when Parliament issitting, at the expiration of a period of 7 days beginningwith the date of publication of the declaration; and(b) in any other case, at the expiration of a period of 21 days
beginning with the date of publication of the declaration,

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unless it has in the meantime been approved by resolutions of
the Senate and the House.
(4)

A declaration of emergency may at any time be revoked by theGovernor General by proclamation that shall be published in the
Official Gazette.

(5)

A declaration of emergency that has been approved byresolutions of the Senate and the House in pursuance ofsubsection (3) shall remain in force so long as both thoseresolutions remain in force and no longer.

(6)

A resolution of the Senate or the House passed for the purposesof this section shall remain in force for 12 months or such
shorter period as may be specified therein.
However, any such resolution may be extended from time totime by a further such resolution, each extension not exceeding
12 months from the date of the resolution effecting theextension; and any such resolution may be revoked at any timeby a further resolution.

18.

(7)

A resolution of the House for the purposes of subsection (3) anda resolution of the House extending any such resolution shallnot be passed in the House unless it is supported by the votes ofa majority of all the members of the House.

(8)

Any provision of this section that a declaration of emergency
shall lapse or cease to be in force at any particular time iswithout prejudice to the making of a further such declaration
whether before or after that time.

INTERPRETATION AND SAVINGS(1)

In this Chapter, unless the context otherwise requires—“contravention”, in relation to any requirement, includes afailure to comply with that requirement, and cognate
expressions shall be construed accordingly;“court” means any court of law having jurisdiction in Saint
Lucia other than a court established by a disciplinary law,and includes Her Majesty in Council and in sections 2 and4 a court established by a disciplinary law;“disciplinary law” means a law regulating the discipline of any
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“disciplined force” means—(a) a naval, military or air force;(b) the Police Force;(c) a prison service; or(d) any such other force or service as may be prescribed by
Parliament.
“legal practitioner” means a person entitled to be in or to enter
Saint Lucia and entitled to practise as a barrister in Saint
Lucia or, except in relation to proceedings before a courtin which a solicitor has no right of audience, entitled topractise as a solicitor in Saint Lucia;“member”, in relation to a disciplined force, includes any
person who, under the law regulating the discipline of thatforce, is subject to that discipline.
(2)

In this Chapter “period of public emergency” means any period
during which—(a) Her Majesty is at war; or(b) there is in force a proclamation by the Governor Generaldeclaring that a state of public emergency exists; or(c) there is in force a resolution of the House supported by
the votes of not less than ⅔ of all the members of theHouse declaring that democratic institutions in Saint
Lucia are threatened by subversion.

(3)

In relation to any person who is a member of a disciplined force
of Saint Lucia, nothing contained in or done under the authorityof the disciplinary law of that force shall be held to beinconsistent with or in contravention of any of the provisions of
this Chapter other than sections 2, 4 and 5.

(4)

In relation to any person who is a member of a disciplined force
of a country other than Saint Lucia that is lawfully present inSaint Lucia, nothing contained in or done under the authority ofthe disciplinary law of that force shall be held to be inconsistent
with or in contravention of any of the provisions of this
Chapter.

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CHAPTER II
THE GOVERNOR GENERAL
19.

ESTABLISHMENT OF OFFICE

There shall be a Governor General of Saint Lucia who shall be a
citizen appointed by Her Majesty and shall hold office during Her
Majesty’s pleasure and who shall be Her Majesty’s representative inSaint Lucia.
20.

21.

ACTING GOVERNOR GENERAL(1)During any period when the office of Governor General isvacant or the holder of the office of Governor General is absent
from Saint Lucia or is for any other reason unable to performthe functions of his or her office those functions shall be
performed by such person as Her Majesty may appoint.

(2)

Any such person as aforesaid shall not continue to perform thefunctions of the office of Governor General if the holder of theoffice of Governor General or some other person having a priorright to perform the functions of that office has notified him or
her that he or she is about to assume or resume those functions.

(3)

The holder of the office of Governor General shall not, for the
purposes of this section, be regarded as absent from Saint Luciaor as unable to perform the functions of his or her office—(a) by reason that he or she is in passage from one part ofSaint Lucia to another; or(b) at any time when there is a subsisting appointment of adeputy under section 22.

OATHS

A person appointed to hold the office of Governor General shall,
before entering upon the duties of that office, take and subscribe theoath of allegiance and the oath of office.
22.

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(a)
(b)

(c)

has occasion to be absent from the seat of government but
not from Saint Lucia;
has occasion to be absent from Saint Lucia for a period
which he or she considers, acting in his or her own
deliberate judgment, will be of short duration; oris suffering from an illness which he or she considers,
acting in his or her own deliberate judgment, will be ofshort duration,

he or she may, acting in accordance with the advice of thePrime Minister, appoint any person in Saint Lucia to be his or
her deputy during such absence or illness and in that capacity toperform on his or her behalf such of the functions of the officeof Governor General as may be specified in the instrument bywhich he or she is appointed.
(2)

The power and authority of the Governor General shall not be
abridged, altered or in any way affected by the appointment of adeputy under this section, and, subject to the provisions of thisConstitution, a deputy shall conform to and observe all
instructions that the Governor General, acting in his or her own
deliberate judgment, may from time to time address to him or
her:
Provided that the question whether or not a deputy has
conformed to and observed any such instructions shall not beenquired into by any court of law.

(3)

A person appointed as deputy under this section shall hold thatappointment for such period as may be specified in the
instrument by which he or she is appointed, and his or her
appointment may be revoked at any time by the Governor
General, acting in accordance with the advice of the Prime
Minister.

CHAPTER III
PARLIAMENTPART 1
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23.

ESTABLISHMENT

There shall be a Parliament of Saint Lucia which shall consist of Her
Majesty, a Senate and a House of Assembly.
The Senate
24.

25.

COMPOSITION(1)The Senate shall consist of 11 Senators and such other Senators
as may be temporarily appointed under section 28.

(2)

Of the 11 Senators—(a) 6 shall be appointed by the Governor General, acting inaccordance with the advice of the Prime Minister;(b) 3 shall be appointed by the Governor General, acting inaccordance with the advice of the Leader of the
Opposition; and(c) 2 shall be appointed by the Governor General, acting in
his or her own deliberate judgment after he or she has
consulted those religious, economic or social bodies or
associations from which he or she considers that such
Senators should be selected.

QUALIFICATIONS

Subject to the provisions of section 26, a person shall be qualified tobe appointed as a Senator if, and shall not be so qualified unless, he or
she—(a) is a Commonwealth citizen who has attained the age of 21
years; (Amended by Act 17 of 1980)(b) has been ordinarily resident in Saint Lucia for a period of
5 years immediately before the date of his or her
appointment; and(c) is able to speak and, unless incapacitated by blindness orother physical cause, to read the English language with
sufficient proficiency to enable him or her to take anactive part in the proceedings of the Senate.

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26.

DISQUALIFICATIONS(1)

No person shall be qualified to be appointed as a Senator if, atthe date of his or her appointment, he or she—(a) is, by virtue of his or her own act, under any
acknowledgment of allegiance, obedience or adherence toa foreign power or state;(b) is a minister of religion (except in the case of an
appointment under section 24(2)(c));(c) is an undischarged bankrupt, having been adjudged orotherwise declared bankrupt under any law in force in any
part of the Commonwealth;(d) is a person certified to be insane or otherwise adjudged to
be of unsound mind under any such law;(e) is under sentence of death imposed on him or her by acourt of law in any part of the Commonwealth or isserving a sentence of imprisonment (by whatever namecalled) exceeding 12 months imposed on him or her bysuch a court or substituted by competent authority forsome other sentence imposed on him or her by such a
court, or is under such a sentence of imprisonment theexecution of which has been suspended; or(f) subject to such exceptions and limitations as may beprescribed by Parliament, has any such interest in any
such government contract as may be prescribed.

(2)

If it is so provided by Parliament, a person who is convicted byany court of any offence that is prescribed by Parliament andthat is connected with the election of members of the House or
who is reported guilty of such an offence by the court trying anelection petition shall not be qualified, for such period (notexceeding 5 years) following his or her conviction or, as thecase may be, following the report of the court as may be soprescribed, to be appointed as a Senator.

(3)

No person shall be qualified to be appointed as a Senator who isa member or is nominated as a candidate for election to theHouse.

(4)

If it is so provided by Parliament, and subject to suchexceptions and limitations (if any) as Parliament may prescribe,a person shall not be qualified to be appointed as a Senator if, atthe date of his or her appointment—38

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(a)

(b)

(c)
(5)

he or she holds or is acting in any office or appointment(whether specified individually or by reference to a classof office or appointment);
he or she belongs to any of the armed forces of the Crownor to any class of person that is comprised in any suchforce; or
he or she belongs to any police force or to any class of
person that is comprised in any such force.

In subsection (1)—“contract” means any contract made with the Government orwith a department of the Government or with an officer of
the Government contracting as such;“minister of religion” means any person in holy orders and anyother person the functions of whose principal occupation
include teaching or preaching in any congregation for
religious worship.

(6)

27.

For the purposes of subsection (1)(e)—(a) 2 or more sentences of imprisonment that are required to
be served consecutively shall be regarded as separate
sentences if none of those sentences exceeds 12 months,
but if any one of such sentences exceeds that term theyshall 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 paymentof a fine.

TENURE OF OFFICE(1)

A Senator shall vacate his or her seat in the Senate at the next
dissolution of Parliament after his or her appointment.

(2)

A Senator shall also vacate his or her seat in the Senate—(a) if he or she is absent from the sittings of the Senate forsuch period and in such circumstances as may beprescribed in the rules of procedure of the Senate;(b) if he or she ceases to be a Commonwealth citizen;(c) if, with his or her consent, he or she is nominated as a
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(d)

(e)

subject to the provisions of subsection (3), if any othercircumstances arise that, if he or she were not a Senator,
would cause him or her to be disqualified to be appointed
as such by virtue of section 26(1) or by virtue of any law
enacted in pursuance of section 26(2) or 26(4); or
if the Governor General, acting in accordance with theadvice of the Prime Minister in the case of a Senatorappointed under section 24(2)(a) or in accordance withthe advice of the Leader of the Opposition in the case of a
Senator appointed under section 24(2)(b) or in his or her
own deliberate judgment after such consultation as is
specified in section 24(2)(c) in the case of a Senatorappointed under that paragraph, declares the seat of that
Senator to be vacant.

(3)
(a)

(b)

If any circumstances such as are referred to in subsection(2)(d) arise because any Senator is under sentence ofdeath or imprisonment, adjudged to be of unsound mind,
declared bankrupt or convicted or reported guilty of an
offence relating to elections and if it is open to the
Senator to appeal against the decision (either with theleave of a court or other authority or without such leave),he or she shall cease to perform his or her functions as amember of the Senate but, subject to the provisions of thissection, he or she shall not vacate his or her seat until the
expiration of a period of 30 days thereafter:
Provided that the President may, at the request of the
Senator, from time to time, extend that period for further
periods of 30 days to enable the Senator to pursue anappeal against the decision, so, however, that extensionsof time exceeding in the aggregate 150 days shall not begiven without the approval, signified by resolution, of the
Senate.
If on the determination of any appeal, such circumstances
continue to exist and no further appeal is open to the
Senator, or if, by reason of the expiration of any period
for entering an appeal or notice thereof or the refusal ofleave to appeal or for any other reason, it ceases to beopen to the Senator to appeal, he or she shall vacate his or
her seat.

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(c)

28.

If at any time before the Senator vacates his or her seatsuch circumstances as aforesaid cease to exist, his or her
seat shall not become vacant on the expiration of theperiod referred to in paragraph (a) and he or she may
resume the performance of his or her functions as amember of the Senate.

INABILITY(1)

If the Governor General considers that a Senator is, by reasonof his or her illness or absence from Saint Lucia, unable toperform his or her functions as a member of the Senate theGovernor General may—(a) declare that that Senator is so unable; and(b) appoint a person to be a Senator for the period of that
Senator’s inability to perform his or her functions.

(2)

A Senator who has been declared, in accordance with theprovisions of subsection (1), to be unable to perform his or her
functions as a member of the Senate shall not take part in theproceedings of the Senate until he or she is declared by theGovernor General again to be able to perform those functions.

(3)

Without prejudice to the provisions of section 27 a Senatorappointed under this section shall vacate his or her seat in the
Senate when the Senator on account of whose inability toperform his or her functions he or she was appointed is again
declared to be able to perform his or her functions or if that
Senator vacates his or her seat.

(4)

In the exercise of the powers conferred on him or her by thissection the Governor General shall act—(a) in accordance with the advice of the Prime Minister in
relation to a Senator appointed in pursuance of section
24(2)(a);(b) in accordance with the advice of the Leader of the
Opposition in relation to a Senator appointed in pursuanceof section 24(2)(b); and(c) in his or her own deliberate judgment after suchconsultation as is specified in section 24(2)(c) in relation
to a Senator appointed in pursuance of section 24(2)(c).

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29.

PRESIDENT AND DEPUTY PRESIDENT(1)

When the Senate first meets after any dissolution of Parliamentand before it proceeds to the despatch of any other business, it
shall elect a Senator, not being a Minister or a Parliamentary
Secretary, to be President of the Senate; and whenever theoffice of President is vacant otherwise than by reason of adissolution of Parliament, the Senate shall, not later than its
second sitting after the vacancy has arisen, elect another
Senator to fill that office.

(2)

When the Senate first meets after any dissolution of Parliament,
it shall, as soon as practicable, elect a Senator, not being a
Minister or a Parliamentary Secretary, to be Deputy Presidentof the Senate; and whenever the office of Deputy President
becomes vacant, the Senate shall, as soon as convenient, electanother Senator to fill that office.

(3)

A person shall vacate the office of President or Deputy
President—(a) if he or she ceases to be a Senator:
provided that, the President shall not vacate his or her
office by reason only that he or she has ceased to be a
Senator on a dissolution of Parliament until the Senate
first meets after that dissolution;(b) if he or she is appointed to be a Minister or a
Parliamentary Secretary; or(c) in the case of the Deputy President, if he or she is elected
to be President.

(4)
(a)

If, by virtue of section 27(3)(a), the President or Deputy
President is required to cease to perform his or her
functions as a member of the Senate he or she shall alsocease to perform his or her functions as President or
Deputy President, as the case may be, and those functions
shall, until he or she vacates his or her seat in the Senate
or resumes the performance of the functions of his or her
office, be performed—(i) in the case of the President, by the Deputy President
or, if the office of Deputy President is vacant or the
Deputy President is required to cease to perform hisor her functions as a member of the Senate by virtue

42Constitution of Saint Lucia

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Minister or a Parliamentary Secretary) as the Senate
may elect for the purpose,(ii) in the case of the Deputy President, by such Senator(not being a Minister or a Parliamentary Secretary)as the Senate may elect for the purpose.
If the President or Deputy President resumes theperformance of his or her functions as a member of the
Senate, in accordance with the provisions of section
27(3)(c), he or she shall also resume the performance of
his or her functions as President or Deputy President, as
the case may be.
The House of Assembly

30.

31.

COMPOSITION(1)The House shall consist of such number of members ascorresponds with the number of constituencies established inaccordance with the provisions of section 58, who shall beelected in accordance with the provisions of section 33.

(2)

If a person who is not a member of the House is elected to be
Speaker he or she shall, by virtue of holding the office of
Speaker, be a member of the House.

(3)

At any time when the office of Attorney General is a public
office, the Attorney General shall, by virtue of holding or acting
in that office, be a member of the House.

QUALIFICATIONS FOR ELECTION

Subject to the provisions of section 32, a person shall be qualified tobe elected as a member of the House if, and shall not be so qualified
unless, he or she—(a) is a citizen of the age of 21 years or upwards;(b) was born in Saint Lucia and is domiciled and resident
there at the date of his or her nomination or, having beenborn elsewhere, has resided there for a period of 12months immediately before that date; andLaws of Saint Lucia

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(c)

32.

is able to speak and, unless incapacitated by blindness orother physical cause, to read the English language with adegree of proficiency sufficient to enable him or her totake an active part in the proceedings of the House.

DISQUALIFICATIONS FOR ELECTION(1)

A person shall not be qualified to be elected as a member of theHouse (hereinafter in this section referred to as a member) if heor she—(a) is by virtue of his or her own act, under any
acknowledgment of allegiance, obedience or adherence toa foreign power or state;(b) is a minister of religion;(c) is an undischarged bankrupt, having been adjudged orotherwise declared bankrupt under any law in force in any
part of the Commonwealth;(d) is a person certified to be insane or otherwise adjudged to
be of unsound mind under any such law;(e) is under sentence of death imposed on him or her by acourt of law in any part of the Commonwealth or isserving a sentence of imprisonment (by whatever namecalled) exceeding 12 months imposed on him or her bysuch a court or substituted by competent authority forsome other sentence imposed on him or her by such a
court, or is under such a sentence of imprisonment theexecution of which has been suspended; or(f) subject to such exceptions and limitations as may beprescribed by Parliament, has an interest in any
government contract.

(2)

If it is so provided by Parliament, a person shall not be qualified
to be elected as a member if he or she holds or is acting in any
office that is specified by Parliament and the functions of which
involve responsibility for, or in connection with, the conduct ofany election of members or the compilation of any register ofvoters for the purpose of electing members.

(3)

If it is so provided by Parliament, a person who is convicted byany court of law of any offence that is prescribed by Parliament
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reported guilty of such an offence by the court trying anelection petition shall not be qualified, for such period (notexceeding 7 years) following his or her conviction or, as thecase may be, following the report of the court as may be soprescribed, to be elected as a member.
(4)

A person shall not be qualified to be elected as a member if heor she is a Senator.

(5)

If it is so provided by Parliament and subject to such exceptions
and limitations (if any) as Parliament may prescribe, a person
shall not be qualified to be elected as a member if—(a) he or she holds or is acting in any office or appointment(whether specified individually or by reference to a classof office or appointment);(b) he or she belongs to any of the armed forces of Saint
Lucia or to any class of person that is comprised in any
such force;(c) he or she belongs to any police force or to any class of
person that is comprised in any such force; or(d) he or she has, within such period (not exceeding 3 years)
as Parliament may prescribe, held or acted in any office or
appointment the tenure of which would, by virtue of any
provision made under this subsection, disqualify him or
her for election as a member, being an office or
appointment the emoluments of which exceed suchamount as Parliament may prescribe.

(6)

In subsection (1)—“government contract” means any contract made with theGovernment or with a department of the Government orwith an officer of the Government contracting as such;“minister of religion” means any person in holy orders and anyother person the functions of whose principal occupation
include teaching or preaching in any congregation for
religious worship.

(7)

For the purposes of subsection (1)(e)—(a) 2 or more sentences of imprisonment that are required to
be served consecutively shall be regarded as separate
sentences if none of those sentences exceeds 12 months,

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(b)

33.

but if any one of such sentences exceeds that term theyshall be regarded as one sentence; andno account shall be taken of a sentence of imprisonment
imposed as an alternative to or in default of the paymentof a fine.

ELECTIONS(1)Each of the constituencies established in accordance with theprovisions of section 58 shall return one member to the House
who shall be directly elected in such manner as may, subject tothe provisions of this Constitution, be prescribed by or under
any law.

(2)
(a)

(b)

(c)

(3)

34.

Every Commonwealth citizen of the prescribed age who
possesses such qualifications relating to residence ordomicile in Saint Lucia as Parliament may prescribe shall,unless he or she is disqualified by Parliament fromregistration as a voter for the purpose of electing membersof the House, be entitled to be registered as such a voterin accordance with the provisions of any law in thatbehalf, and no other person may be so registered.
Every person who is registered as aforesaid in any
constituency shall, unless he or she is disqualified by
Parliament from voting in that constituency in any
election of members of the House, be entitled so to vote,in accordance with the provisions of any law in thatbehalf, and no other person may so vote.
For the purposes of this subsection the prescribed age
shall be the age of 21 years or such lower age, not being
less than 18 years, as Parliament may prescribe.

In any election of members of the House the votes shall begiven by ballot in such manner as not to disclose how any
particular person votes.

TENURE OF OFFICE(1)

A member of the House (hereinafter in this section referred toas a member) shall vacate his or her seat in the House at thenext dissolution of Parliament after his or her election.

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(2)

A member shall also vacate his or her seat in the House—(a) if he or she is absent from the sittings of the House forsuch period and in such circumstances as may beprescribed in the rules of procedure of the House;(b) if he or she ceases to be a citizen; or(c) subject to the provisions of subsection (3), if any othercircumstances arise that, if he or she were not a member,would cause him or her to be disqualified to be elected assuch by virtue of section 32(1) or of any law enacted inpursuance of section 32(2), 32(3) or 32(5).

(3)
(a)

(b)

(c)

If any circumstances such as are referred to in of
subsection (2)(c) arise because any member is undersentence of death or imprisonment, adjudged to be ofunsound mind, declared bankrupt or convicted or reported
guilty of an offence relating to elections and if it is open
to the member to appeal against the decision (either withthe leave of a court of law or other authority or without
such leave), he or she shall cease to perform his or her
functions as a member but, subject to the provisions of
this section, he or she shall not vacate his or her seat until
the expiration of a period of 30 days thereafter:
Provided that the Speaker may, at the request of themember, from time to time extend that period for further
periods of 30 days to enable the member to pursue anappeal against the decision, so, however, that extensionsof time exceeding in the aggregate 150 days shall not begiven without the approval, signified by resolution, of theHouse.
If, on the determination of any appeal, such circumstances
continue to exist and no further appeal is open to themember, or if, by reason of the expiration of any period
for entering an appeal or notice thereof or the refusal ofleave to appeal or for any other reason, it ceases to beopen to the member to appeal, he or she shall vacate hisor her seat.
If at any time before the member vacates his or her seatsuch circumstances aforesaid cease to exist, his or her seatshall not become vacant on the expiration of the periodLaws of Saint Lucia

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referred to in paragraph (a) and he or she may resume theperformance of his or her functions as a member.
(4)

35.

References in this section to a member do not include
references to a Speaker who was elected from among persons
who were not members of the House.

SPEAKER(1)

When the House first meets after any general election ofmembers and before it proceeds to the despatch of any otherbusiness, it shall elect a person to be the Speaker; and if theoffice of Speaker falls vacant at any time before the next
dissolution of Parliament, the House shall, as soon aspracticable, elect another person to that office.

(2)

The Speaker may be elected either from among the members ofthe House who are not members of the Cabinet or
Parliamentary Secretaries or from among persons who are notmembers of the House:
Provided that a person who is not a member of the House shallnot be elected as Speaker if—(a) he or she is not a Commonwealth citizen; or(b) he or she is a person disqualified to be elected as amember by virtue of section 32(1) or 32(4) or by virtue or
any law enacted in pursuance of section 32(2), 32(3) or
32(5).

(3)

No business shall be transacted in the House (other than theelection of a Speaker) at any time when the office of Speaker isvacant.

(4)

A person shall vacate the office of Speaker—(a) in the case of a Speaker who was elected from among themembers of the House—(i) if he or she ceases to be a member of the House:provided that the Speaker shall not vacate his or her
office by reason only that he or she ceased to be amember of the House on a dissolution of
Parliament, until the House first meets after the
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(ii)

(b)

36.

if he or she becomes a member of the Cabinet or a
Parliamentary Secretary;in the case of a Speaker who was elected from among
persons who were not members of the House—(i) when the House first meets after any dissolution of
Parliament,(ii) if he or she ceases to be a Commonwealth citizen,or(iii) if any circumstances arise that would cause him or
her to be disqualified to be elected as a member byvirtue of section 32(1) or 32(4) or by virtue of any
law enacted in pursuance of section 32(2), 32(3) or
32(5).

(5)

If, by virtue of section 34(3), the Speaker (being an elected
member of the House) is required to cease to perform his or her
functions as a member of the House he or she shall also cease toperform his or her functions as Speaker; and if the Speaker
resumes the performance of his or her functions as a member ofthe House, in accordance with the provisions of that section, heor she shall also resume the performance of his or her functions
as Speaker.

(6)

At any time when, by virtue of section 34(3), the Speaker isunable to perform the functions of his or her office, thosefunctions shall, until he or she vacates his or her seat in theHouse or resumes the performance of the functions of his or her
office, be performed by the Deputy Speaker or, if the office of
Deputy Speaker is vacant or the Deputy Speaker is required tocease to perform his or her functions as a member of the Houseby virtue of that subsection, by such member of the House (notbeing a member of the Cabinet or a Parliamentary Secretary) as
the House may elect for the purpose.

DEPUTY SPEAKER(1)When the House first meets after any general election ofmembers and before it proceeds to the despatch of any otherbusiness except the election of the Speaker, the House shallelect a member of the House, who is not a member of the
Cabinet or a Parliamentary Secretary, to be Deputy Speaker ofthe House and if the office of Deputy Speaker falls vacant at

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any time before the next dissolution of Parliament, the House
shall, as soon as convenient, elect another member of the House
to that office.

37.

1

(2)

A person shall vacate the office of Deputy Speaker—(a) if he or she ceases to be a member of the House;(b) if he or she becomes a member of the Cabinet or a
Parliamentary Secretary; or(c) if he or she is elected to be Speaker.

(3)

If, by virtue of section 34(3), the Deputy Speaker is required tocease to perform his or her functions as a member of the House
he or she shall also cease to perform his or her functions as
Deputy Speaker and if the Deputy Speaker resumes theperformance of his or her functions as a member of the House,in accordance with the provisions of that section, he or she shallalso resume the performance of his or her functions as Deputy
Speaker.

(4)

At any time when, by virtue of section 34(3), the Deputy
Speaker is unable to perform the functions of his or her office,those functions shall, until he or she vacates his or her seat in
the House or resumes the performance of the functions of his or
her office, be performed by such member of the House (notbeing a member of the Cabinet or a Parliamentary Secretary) as
the House may elect for the purpose.

RESPONSIBILITY FOR ELECTIONS(1)The Electoral Commission shall be responsible for theregistration of voters for the purpose of electing members of theHouse and for the conduct of elections of members of theHouse and shall have such powers and other functions relating
to such registration and elections as may be prescribed by law.1(2)

In the discharge of its functions the Electoral Commission shallbe assisted by a Chief Elections Officer, whose office shall be apublic office, and the Commission may give such directions as
it considers necessary or expedient to the Officer, who shallcomply with such directions or cause them to be complied with.

See Elections Act.

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For the purposes of the exercise of his or her functions undersubsection (2), the Chief Elections Officer may give suchdirections as he or she considers necessary or expedient to any
registering officer, presiding officer or returning officer relating
to the exercise by that officer of his or her functions under any
law regulating the registration of voters or the conduct ofelections, and any officer to whom directions are given under
this subsection shall comply with those directions.

(4)

The Electoral Commission may make such reports to theGovernor General concerning the matters for which it is
responsible under this section or any draft bill or instrument thatis referred to it under section 52, as it may think fit and if theCommission so requests in any such report other than a reporton a draft bill or instrument that report shall be laid before theHouse.

(5)

Without prejudice to the provisions of subsection (2), in theexercise of his or her functions under this section the Chief
Elections Officer shall not be subject to the direction or control
of any other person or authority.

(6)

The question whether the Chief Elections Officer has acted inaccordance with the directions of the Electoral Commission
shall not be enquired into in any court of law.
General provisions

38.

CLERKS OF SENATE AND HOUSE OF ASSEMBLY AND THEIR
STAFF

(1)

There shall be a Clerk of the Senate and a Clerk of the House:
Provided that the offices of Clerk of the Senate and Clerk of theHouse may be held by the same person.

(2)

39.

Subject to the provisions of any law enacted by Parliament theoffices of Clerk of the Senate and Clerk of the House and themembers of their staff shall be public offices.

DETERMINATION OF QUESTIONS OF MEMBERSHIP(1)The High Court shall have jurisdiction to hear and determine
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(a)
(b)
(c)

(d)

any person has been validly elected as a member of theHouse;
any person has been validly appointed as a Senator;
any person who has been elected as Speaker from among
persons who were not members of the House wasqualified to be so elected or has vacated the office of
Speaker;any Senator or any elected member of the House has
vacated his or her seat or is required, under the provisionsof section 27(3) or 34(3), to cease to perform any of his or
her functions as a member of the Senate or of the House.

(2)

An application to the High Court for the determination of any
question under subsection (1)(a) may be made by any person
entitled to vote in the election to which the application relates
or by any person who was a candidate at that election or by the
Attorney General.

(3)

An application to the High Court for the determination of any
question under subsection (1)(b) or (1)(c) may be made by any
registered voter or by the Attorney General.

(4)

An application to the High Court for the determination of any
question under subsection (1)(d) may be made—(a) by a registered voter or by the Attorney General; or(b) in relation to the Senate, by a Senator and in relation to
the House, by a member of the House.

(5)

If any application is made by a person other than the Attorney
General to the High Court for the determination of any question
under this section, the Attorney General may intervene and may
then appear or be represented in the proceedings.

(6)

The circumstances and manner in which and the imposition of
conditions upon which any application may be made to theHigh Court for the determination of any question under thissection and the powers, practice and procedure of the High
Court in relation to any such application shall be regulated bysuch provision as may be made by Parliament.

(7)

An appeal shall lie as of right to the Court of Appeal from any
final decision of the High Court determining such a question asis referred to in subsection (1).

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(8)

No appeal shall lie from any decision of the Court of Appeal in
exercise of the jurisdiction conferred by subsection (7) and noappeal shall lie from any decision of the High Court inproceedings under this section other than a final decision
determining such a question as is referred to in subsection (1).

(9)

In the exercise of his or her functions under this section, theAttorney General shall not be subject to the direction or control
of any other person or authority.

(10) In this section “registered voter” means a person registered as a
voter in accordance with section 33(2)(a).

PART 2LEGISLATION AND PROCEDURE OF PARLIAMENT
40.

POWER TO MAKE LAWS

Subject to the provisions of this Constitution Parliament may makelaws for the peace, order and good government of Saint Lucia.
41.

ALTERATION OF CONSTITUTION AND SUPREME COURT
ORDER

(1)

Parliament may alter any of the provisions of this Constitution
or of the Supreme Court Order in the manner specified in thefollowing provisions of this section.

(2)

A bill to alter this section, Schedule 1 to this Constitution or
any of the provisions of this Constitution specified in Part I ofthat Schedule or any of the provisions of the Supreme Court
Order specified in Part II of that Schedule shall not be regarded
as being passed by the House unless on its final reading in theHouse the bill is supported by the votes of not less than ¾ of all
the members of the House.

(3)

A bill to alter any of the provisions of this Constitution or, as
the case may be, of the Supreme Court Order other than thosereferred to in subsection (2) shall not be regarded as being
passed by the House unless on its final reading in the House thebill is supported by the votes of not less than ⅔ of all themembers of the House.

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(4)

An amendment made by the Senate to a bill to which subsection(2) applies shall not be regarded as being agreed to by theHouse for the purposes of section 50 unless such agreement issignified by resolution supported by the votes of not less than ¾
of all the members of the House.

(5)

An amendment made by the Senate to a bill to which subsection(3) applies shall not be regarded as being agreed to by theHouse for the purposes of section 50 unless such agreement issignified by resolution supported by the votes of not less than ⅔
of all the members of the House.

(6)

A bill to alter any of the provisions of this Constitution or theSupreme Court Order shall not be submitted to the Governor
General for his or her assent—(a) unless there has been an interval of not less than 90 days
between the introduction of the bill in the House and the
beginning of the proceedings in the House on the second
reading of the bill; and(b) if the bill provides for the alteration of this section,
Schedule I to this Constitution or any of the provisions of
this Constitution or the Supreme Court Order specified inthat Schedule, unless after it has been passed by the
Senate and the House or, in the case of a bill to which
section 50 applies, after its rejection by the Senate for thesecond time, the bill has been approved on a referendum,
held in accordance with such provision as may be made inthat behalf by Parliament, by a majority of the votes
validly cast on that referendum.

(7)

The provisions of subsection (6)(b) shall not apply in relation to
any bill to alter—(a) section 107 in order to give effect to any agreement
between Saint Lucia and the United Kingdom concerning
appeals from any court having jurisdiction in Saint Lucia
to Her Majesty in Council;(b) any of the provisions of the Supreme Court Order in orderto give effect to any international agreement to whichSaint Lucia is a party relating to the Supreme Court orany other court (or any officer or authority having
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common for Saint Lucia and for other countries also
parties to the agreement.
(8)

Every person who, at the time when the referendum is held,
would be entitled to vote for the purpose of electing members ofthe House shall be entitled to vote on a referendum held for the
purposes of this section in accordance with such procedures as
may be prescribed by Parliament for the purposes of thereferendum and no other person shall be entitled so to vote.

(9)

In any referendum for the purposes of this section the votes
shall be given by ballot in such manner as not to disclose how
any particular person votes.

(10) The conduct of any referendum for the purposes of this section
shall be the responsibility of the Electoral Commission and theprovisions of sections 37 and 52 shall apply in relation to thereferendum as they apply in relation to elections of members ofthe House and legislation relating thereto.
(11)
(a)

(b)

(c)

A bill to alter any of the provisions of this Constitution or
the Supreme Court Order shall not be submitted to theGovernor General for his or her assent unless it isaccompanied by a certificate under the hand of the
Speaker that the provisions of subsection (2), (3), (4) or(5), as the case may be, have been complied with and,
where a referendum has been held in pursuance ofsubsection (6)(b), by a certificate under the hand of the
Chief Elections Officer stating the results of thereferendum.
The certificate of the Speaker under this subsection shallbe conclusive that the provisions of subsection (2), (3),(4) or (5), as the case may be, have been complied withand shall not be enquired into in any court of law.
In this subsection references to the Speaker shall, if theperson holding the office of Speaker is for any reason
unable to perform the functions of his or her office and noother person is performing them, include references to the
Deputy Speaker.

(12) In this section and Schedule I to this Constitution references toany of the provisions of this Constitution or the Supreme Court
Order include references to any law that alters that provision.

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42.

FREEDOM OF SPEECH

Without prejudice to any provision made by Parliament relating to thepowers, privileges and immunities of the Senate or the House and thecommittees thereof, or the privileges and immunities of the members
and officers of the Senate or the House and of other persons
concerned in the business of the Senate or the House or thecommittees thereof, no civil or criminal proceedings may be instituted
against any member of the Senate or the House for words spoken
before, or written in a report to, the Senate or the House or acommittee thereof or by reason of any matter or thing brought by him
or her therein by petition, bill, resolution, motion or otherwise.
43.

44.

OATH BY MEMBERS(1)

Every member of the Senate or the House shall, before taking
his or her seat therein, take and subscribe before the Senate or
the House, as the case may be, the oath of allegiance but amember may before taking that oath take part in the election of
the President or Speaker.

(2)

Any person elected to the office of President or Speaker shall, if
he or she has not already taken and subscribed the oath ofallegiance under subsection (1), take and subscribe that oathbefore the Senate or the House, as the case may be, before
entering upon the duties of his or her office.

PRESIDING

There shall preside at any sitting of the Senate or the House—(a) the President or Speaker;(b) in the absence of the President or Speaker, the Deputy
President or Deputy Speaker; or(c) in the absence of the President or Speaker and the Deputy
President or Deputy Speaker, such member thereof (notbeing a member of the Cabinet or a Parliamentary
Secretary) as the Senate or the House, as the case may be,
may elect for that purpose.

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VOTING(1)

Save as otherwise provided in sections 17(7), 18(2), 41(2),
41(3), 41(4) and 41(5), any question proposed for decision in
the Senate or the House shall be determined by a majority of thevotes of the members present and voting.

(2)

A question shall not be regarded as having been validly
determined by a vote in the Senate or the House unless at least 6
members, or such greater number of members as Parliament
may prescribe, take part in the voting.

(3)

The reference to all the members of the House in sections 17(7),18(2), 41(2), 41(3), 41(4) and 41(5) shall not include the
Speaker if he or she was elected from among persons who were
not members of the House.

(4)

The President or other Senator presiding in the Senate and a
Speaker who was elected from among the members of theHouse or other member presiding in the House shall not voteunless on any question the votes are equally divided, in whichcase he or she shall have and exercise a casting vote:
Provided that in the case of the question of the final reading ofsuch a bill as is referred to in section 41(2) or 41(3) or thequestion of a motion for such a resolution as is referred to in
section 41(4) or 41(5) a Speaker who was so elected or othermember presiding in the House shall have an original vote but
no casting vote.

46.

(5)

A Speaker who was elected from among persons who were notmembers of the House shall have neither an original nor acasting vote.

(6)

If, upon any question before the House the votes of themembers are equally divided and no casting vote may be
exercised, the motion shall be lost.

PENALTY FOR SITTING IF UNQUALIFIED(1)

Any person who sits or votes in the Senate or the Houseknowing or having reasonable grounds for knowing that he or
she is not entitled to do so shall be guilty of an offence andliable to a fine not exceeding $100, or such other sum as may beprescribed by Parliament, for each day on which he or she sosits or votes.

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(2)

47.

48.

Any prosecution for an offence under this section shall beinstituted in the High Court and shall not be so instituted except
by the Director of Public Prosecutions.

MODE OF EXERCISE OF LEGISLATIVE POWER(1)

The power of Parliament to make laws shall be exercised bybills passed by the Senate and the House (or in the cases
mentioned in sections 49 and 50 by the House) and assented toby the Governor General.

(2)

When a bill is submitted to the Governor General for assent inaccordance with the provisions of this Constitution he or she
shall signify that he or she assents.

(3)

When the Governor General assents to a bill that has been
submitted to him or her in accordance with the provisions of
this Constitution the bill shall become law and the Governor
General shall thereupon cause it to be published in the Official
Gazette as law.

(4)

No law made by Parliament shall come into operation until it
has been published in the Official Gazette but Parliament may
postpone the coming into operation of any such law and may
make laws with retrospective effect.

RESTRICTIONS WITH REGARD TO CERTAIN FINANCIAL
MEASURES(1)

A bill other than a money bill may be introduced in the Senate
or the House; a money bill shall not be introduced in the Senate.

(2)

Except on the recommendation of the Governor Generalsignified by a Minister, neither the Senate nor the House
shall—(a) proceed upon any bill (including any amendment to a bill)
that, in the opinion of the person presiding, makes
provision for any of the following purposes:(i) for the imposition of taxation or the alteration of
taxation otherwise than by reduction;(ii) for the imposition of any charge upon theConsolidated Fund or any other public fund of Saint58

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(b)

49.

50.

Lucia or the alteration of any such charge otherwise
than by reduction;(iii) for the payment, issue or withdrawal from theConsolidated Fund or any other public fund of Saint
Lucia of any monies not charged thereon or any
increase in the amount of such payment, issue or
withdrawal; or(iv) for the composition or remission of any debt due tothe Crown; orproceed upon any motion (including any amendment to a
motion) the effect of which, in the opinion of the personpresiding, would be to make provision for any of those
purposes.

RESTRICTIONS ON POWERS OF SENATE AS TO MONEY BILLS(1)

If a money bill, having been passed by the House and sent to
the Senate at least one month before the end of the session, is
not passed by the Senate without amendment within one monthafter it is sent to the Senate, the bill shall, unless the Houseotherwise resolves, be presented to the Governor General for
his or her assent notwithstanding that the Senate has notconsented to the bill.

(2)

There shall be endorsed on every money bill when it is sent to
the Senate the certificate of the Speaker signed by him or herthat it is a money bill; and there shall be endorsed on any
money bill that is submitted to the Governor General for assent
in pursuance of subsection (1) the certificate of the Speakersigned by him or her that it is a money bill and the provisions ofthat subsection have been complied with.

RESTRICTIONS ON POWERS OF SENATE AS TO BILLS OTHER
THAN MONEY BILLS(1)This section applies to any bill other than a money bill that ispassed by the House in 2 successive sessions (whether or not
Parliament is dissolved between those sessions) and, having
been sent to the Senate in each of those sessions at least one
month before the end of the session, is rejected by the Senate ineach of those sessions.

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(2)

A bill to which this section applies shall, on its rejection for thesecond time by the Senate, unless the House otherwise resolves,
be submitted to the Governor General for assent
notwithstanding that the Senate has not consented to the bill:
Provided that—(a) the foregoing provisions of this subsection shall not haveeffect unless at least 6 months have elapsed between thedate on which the bill is passed by the House in the firstsession and the date on which it is passed by the House in
the second session;(b) a bill such as is referred to in section 41(2) or 41(3) shallnot be submitted to the Governor General for his or her
assent unless the provisions of that subsection have been
complied with and the power conferred on the House bythis subsection to resolve that a bill shall not be presented
to the Governor General for assent shall not be exercisedin respect of such a bill.

(3)

For the purposes of this section a bill that is sent to the Senate
from the House in any session shall be deemed to be the same
bill as a former bill sent to the Senate in the preceding session
if, when it is sent to the Senate, it is identical with the former
bill or contains only such alterations as are certified by the
Speaker to be necessary owing to the time that has elapsed since
the date of the former bill or to represent any amendments
which have been made by the Senate in the former bill in thepreceding session.

(4)

The House may, if it thinks fit, on the passage through theHouse of a bill that is deemed to be the same bill as a former
bill sent to the Senate in the preceding session, suggest any
amendments without inserting the amendments in the bill, andany such amendments shall be considered by the Senate, and if
agreed to by the Senate, shall be treated as amendments madeby the Senate and agreed to by the House; but the exercise ofthis power by the House shall not affect the operation of thissection in the event of the rejection of the bill in the Senate.

(5)

There shall be inserted in any bill that is submitted to theGovernor General for assent in pursuance of this section any
amendments that are certified by the Speaker to have been
made in the bill by the Senate in the second session and agreed
to by the House.

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(6)

51.

There shall be endorsed on any bill that is presented to theGovernor General for assent in pursuance of this section thecertificate of the Speaker signed by him or her that theprovisions of this section have been complied with.

PROVISION RELATING TO SS. 49 AND 50(1)

In sections 48, 49 and 50, “money bill” means a public billwhich, in the opinion of the Speaker, contains only provisions
dealing with all or any of the following matters, namely theimposition, repeal, remission, alteration or regulation of
taxation; the imposition, for the payment of debt or otherfinancial purposes, of charges on public money, or the variation
or repeal of any such charges; the grant of money to the Crownor to any authority or person, or the variation or revocation of
any such grant; the appropriation, receipt, custody, investment,
issue or audit of accounts of public money; the raising or
guarantee of any loan or the repayment thereof, or theestablishment, alteration, administration or abolition of any
sinking fund provided in connection with any such loan; or
subordinate matters incidental to any of the matters aforesaid;
and in this subsection the expressions “taxation”, “debt”,“public money” and “loan” do not include any taxation
imposed, debt incurred or money provided or loan raised by any
local authority or body for local purposes.

(2)

For the purposes of section 50, a bill shall be deemed to be
rejected by the Senate if—(a) it is not passed by the Senate without amendment; or(b) it is passed by the Senate with any amendment which is
not agreed to by the House.

(3)

In this section and sections 49 and 50 references to the Speaker
shall, if the person holding the office of Speaker is for any
reason unable to perform the functions of his or her office andno other person is performing them, include references to the
Deputy Speaker.

(4)

Any certificate of the Speaker given under section 49 or 50
shall be conclusive for all purposes and shall not be questioned
in any court of law.

(5)

Before giving any certificate under section 49 or 50 the Speaker
shall consult the Attorney General.

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52.

SCRUTINY OF ELECTORAL LEGISLATION

Every proposed bill and every proposed regulation or other
instrument having the force of law relating to the registration of
voters for the purpose of electing members of the House or to theelection of members of the House shall be referred to the Electoral
Commission and to the Chief Elections Officer at such time as shallgive them sufficient opportunity to make comments thereon before
the bill is introduced in the Senate or the House or, as the case may
be, the regulation or other instrument is made.
53.

REGULATION OF PROCEDURE(1)

Subject to the provisions of this Constitution, the Senate and theHouse may each regulate its own procedure and may inparticular make rules for the orderly conduct of its own
proceedings.

(2)

The Senate or the House may act notwithstanding any vacancy
in its membership (including any vacancy not filled when it firstmeets after any general election) and the presence orparticipation of any person not entitled to be present at or toparticipate in its proceedings shall not invalidate those
proceedings.

PART 3SUMMONING, PROROGATION AND DISSOLUTION54.

SESSIONS(1)

Each session of Parliament shall be held at such place withinSaint Lucia and shall begin at such time, not being later than 12
months from the end of the preceding session if Parliament has
been prorogued or one month from the holding of a generalelection of members of the House if Parliament has been
dissolved, as the Governor General shall appoint by
Proclamation.

(2)

Subject to the provisions of subsection (1), the sittings of the
Senate or the House shall be held at such time and place as it
may, by its rules of procedure or otherwise, determine.

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55.

PROROGATION AND DISSOLUTION(1)The Governor General may at any time prorogue or dissolve
Parliament.

(2)

Subject to the provisions of subsection (3) Parliament, unlesssooner dissolved, shall continue for 5 years from the date of thefirst sitting of the House after any dissolution and shall thenstand dissolved.

(3)

At any time when Saint Lucia is at war, Parliament may extend
the period of 5 years specified in subsection (2) for not morethan 12 months at a time:
Provided that the life of Parliament shall not be extended under
this subsection for more than 5 years.

(4)

In the exercise of his or her powers to dissolve Parliament, theGovernor General shall act in accordance with the advice of thePrime Minister:
Provided that—(a) if the Prime Minister advises a dissolution and theGovernor General, acting in his or her own deliberate
judgment, considers that the government of Saint Lucia
can be carried on without a dissolution and that adissolution would not be in the interests of Saint Lucia, heor she may, acting in his or her own deliberate judgment,
refuse to dissolve Parliament;(b) if a resolution of no confidence in the Government ispassed by the House and the Prime Minister does notwithin 3 days either resign or advise a dissolution, theGovernor General, acting in his or her own deliberate
judgment, may dissolve Parliament; and(c) if the office of the Prime Minister is vacant and theGovernor General, acting in his or her own deliberate
judgment, considers that there is no prospect of his or her
being able within a reasonable time to make an
appointment to that office, the Governor General shalldissolve Parliament.

(5)If, after a dissolution of Parliament and before the holding of ageneral election of members of the House, the Prime Ministeradvises the Governor General that, owing to the existence of astate of war or of a state of emergency in Saint Lucia, it isLaws of Saint Lucia

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necessary to recall Parliament, the Governor General shallsummon the Parliament that has been dissolved to meet, but,unless the life of Parliament is extended under the provision ofsubsection (3), the general election shall proceed and theParliament that has been recalled shall, if not sooner dissolved,
again stand dissolved on the date appointed for the nominationof candidates in the general election.
56.

HOLDINGS OF ELECTIONS(1)

A general election of members of the House shall be held atsuch time within 3 months after any dissolution of Parliament
as the Governor General may appoint.

(2)

Where the seat of a member of the House or a Senator falls
vacant otherwise than by reason of a dissolution of
Parliament—(a) if the vacant seat is that of a member of the House, a byelection shall be held; or(b) if the vacant seat is that of a Senator an appointment shallbe made, to fill the vacancy within 3 months of theoccurrence of the vacancy unless Parliament is sooner
dissolved.

PART 4
CONSTITUENCY BOUNDARIES AND ELECTORALCOMMISSIONS
57.

CONSTITUENCY BOUNDARIES COMMISSION AND ELECTORALCOMMISSION(1)

There shall be a Constituency Boundaries Commission and an
Electoral Commission for Saint Lucia (each of which ishereinafter in this section referred to as a Commission).

(2)

The Constituency Boundaries Commission shall consist of—(a) the Speaker, as chairperson;(b) two members appointed by the Governor General, actingin accordance with the advice of the Prime Minister; and64Cap. 1.01

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two members appointed by the Governor General, actingin accordance with the advice of the Leader of the
Opposition.

(3)

The Electoral Commission shall consist of—(a) a chairperson appointed by the Governor General, acting
in his or her own deliberate judgment;(b) one member appointed by the Governor General, acting inaccordance with the advice of the Prime Minister; and(c) one member appointed by the Governor General, acting inaccordance with the advice of the Leader of the
Opposition.

(4)

A person shall not be qualified to be appointed as a member ofa Commission if he or she is a Senator or member of the Houseor a public officer nor, in the case of the chairperson of theElectoral Commission, unless he or she holds one of thespecified qualifications and has held one or other of thosequalifications for a total period of not less than 7 years.

(5)

Subject to the provisions of this section, a member of aCommission who has been appointed shall vacate his or her
office—(a) when the House first meets after the next dissolution of
Parliament after his or her appointment;(b) if any circumstances arise that, if he or she were not amember of the Commission, would cause him or her to bedisqualified for appointment as such.

(6)

A member of a Commission who has been appointed may beremoved from office but only for inability to discharge thefunctions thereof (whether arising from infirmity of mind or
body or any other cause) or for misbehaviour, and he or she
shall not be so removed except in accordance with theprovisions of this section.

(7)

A member of a Commission who has been appointed shall be
removed from office by the Governor General if the question of
his or her removal from office has been referred to a tribunal
appointed under subsection (8) and the tribunal has
recommended to the Governor General that he or she ought tobe removed from office for inability as aforesaid or for
misbehaviour.

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If the Prime Minister, in the case of a member of theConstituency Boundaries Commission appointed in accordancewith subsection (2)(b), or the Leader of the Opposition, in thecase of a member of that Commission appointed in accordancewith subsection (2)(c), represents to the Governor General or if,
in the case of the chairperson of the Electoral Commission, theGovernor General, acting in his or her own deliberate judgment,
and, in the case of any other member of that Commission, theGovernor General, acting after consultation with the Prime
Minister and the Leader of the Opposition, considers that thequestion of removal of a member of the Commission fromoffice for inability as aforesaid or for misbehaviour ought to beinvestigated, then—(a) the Governor General shall appoint a tribunal, which shallconsist of a chairperson and not less than 2 othermembers, selected by the Chief Justice, from among
persons who hold or have held office as a judge of a court
having unlimited jurisdiction in civil and criminal mattersin some part of the Commonwealth or a court having
jurisdiction in appeals from any such court; and(b) the tribunal shall enquire into the matter and report on thefacts thereof to the Governor General and recommend to
the Governor General whether the member of theCommission ought to be removed from office for inability
as aforesaid or for misbehaviour.

(9)

A Commission may regulate its own procedure, and, with theconsent of the Prime Minister, confer powers and impose duties
on any public officer or on any authority of the Government forthe purpose of the discharge of its functions.

(10) A Commission may, subject to its rules of procedure, act
notwithstanding any vacancy in its membership and its
proceedings shall not be invalidated by the presence orparticipation of any person not entitled to be present at or toparticipate in those proceedings:
Provided that any decision of the Commission shall require theconcurrence of a majority of all its members.
(11) In the exercise of its functions under this Constitution a
Commission shall not be subject to the direction or control of
any other person or authority.

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PART 5DELIMITATION OF CONSTITUENCIES58.

REVIEW OF CONSTITUENCY BOUNDARIES(1)The Constituency Boundaries Commission (hereinafter in thissection referred to as the Commission) shall, in accordance withthe provisions of this section, review the number andboundaries of the constituencies into which Saint Lucia is
divided and submit to the Governor General reports either—(a) showing the constituencies into which it recommends thatSaint Lucia should be divided in order to give effect to therules set out in Schedule 2 to this Constitution; or(b) stating that, in its opinion, no alteration is required to theexisting number or boundaries of constituencies in orderto give effect to those rules.

(2)

Reports under subsection (1) shall be submitted by theCommission at intervals of not less than 3 nor more than 7
years:
Provided that a report under subsection (1)(b) shall not be
submitted until the expiration of 6 years from the submission of
the last report under that subsection.

(3)

As soon as may be after the Commission has submitted a reportunder subsection (1)(a), the Prime Minister shall lay before theHouse for its approval the draft of an order by the Governor
General for giving effect, whether with or without
modifications, to the recommendations contained in the report,
and that draft order may make provisions for any matters thatappear to the Prime Minister to be incidental to or consequential
upon the other provisions of the draft.

(4)

Where any such draft order gives effect to any such
recommendations with modifications, the Prime Minister shalllay before the House together with the draft order a statement of
the reasons for the modifications.

(5)

If the motion for the approval of any draft order laid before theHouse under this section is rejected by the House, or iswithdrawn by leave of that House, the Prime Minister shallamend the draft order and lay the amended draft before theHouse.

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(6)

If any draft order laid before the House under this section isapproved by resolution of the House, the Prime Minister shallsubmit it to the Governor General who shall make an order interms of the draft; and that order shall come into force upon thenext dissolution of Parliament after it is made.

(7)

The question of the validity of any order by the Governor
General purporting to be made under this section and recitingthat a draft thereof has been approved by resolution of theHouse shall not be enquired into in any court of law.

(8)

There shall be such provision as may be made by Parliament for
an appeal to the High Court against a recommendation orstatement made to the Governor General by the Commission inpursuance of subsection (1)(a) or (1)(b).

CHAPTER IV
THE EXECUTIVE
59.

60.

EXECUTIVE AUTHORITY(1)

The executive authority of Saint Lucia is vested in the Her
Majesty.

(2)

Subject to the provisions of this Constitution, the executive
authority of Saint Lucia may be exercised on behalf of Her
Majesty by the Governor General either directly or throughofficers subordinate to him or her.

(3)

Nothing in this section shall prevent Parliament from conferringfunctions on persons or authorities other than the Governor
General.

MINISTERS OF THE GOVERNMENT(1)

There shall be a Prime Minister of Saint Lucia who shall be
appointed by the Governor General.

(2)

Whenever the Governor General has occasion to appoint a
Prime Minister he or she shall appoint a member of the House
who appears to him or her likely to command the support of the
majority of the members of the House.

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(3)

There shall be, in addition to the office of Prime Minister, suchother offices of Minister of the Government as may beestablished by Parliament or, subject to the provisions of any
law enacted by Parliament, by the Governor General, acting inaccordance with the advice of the Prime Minister.

(4)

Appointments to the office of Minister, other than the office ofPrime Minister, shall be made by the Governor General, actingin accordance with the advice of the Prime Minister, fromamong the Senators and the members of the House.

(5)

If occasion arises for making an appointment to the office ofPrime Minister or any other Minister while Parliament is
dissolved, then, notwithstanding the provisions of subsections(2) and (4), a person who was a member of the House
immediately before the dissolution may be appointed as Prime
Minister or any other Minister and a person who was a Senator
immediately before the dissolution may be appointed as any
Minister other than Prime Minister.

(6)

The Governor General shall remove the Prime Minister fromoffice if a resolution of no confidence in the Government ispassed by the House and the Prime Minister does not within 3days either resign from his or her office or advise the Governor
General to dissolve Parliament.

(7)

If, at any time between the holding of a general election ofmembers of the House and the first meeting of the House
thereafter, the Governor General considers that in consequenceof changes in the membership of the House resulting from thatelection the Prime Minister will not be able to command the
support of the majority of the members of the House theGovernor General may remove the Prime Minister from office.

(8)

The office of any Minister shall become vacant—(a) if the holder of the office ceases to be a Senator or amember of the House otherwise than by reason of the
dissolution of Parliament;(b) in the case of the Prime Minister, if, when the House firstmeets after the dissolution of Parliament, he or she is notthen a member of the House;(c) in the case of any other Minister, if, when the House firstmeets after the dissolution of Parliament, he or she is notthen a Senator or a member of the House; orLaws of Saint Lucia

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(d)

(9)

if, by virtue of section 27(3) or 34(3), he or she is required
to cease to perform his or her functions as a Senator or amember of the House.

The office of a Minister other than the Prime Minister shallbecome vacant—(a) if the Governor General, acting in accordance with theadvice of the Prime Minister, so directs;(b) if the Prime Minister resigns from office within 3 days
after a resolution of no confidence in the Government has
been passed by the House or is removed from office undersubsection (6); or(c) on the appointment of any person to the office of Prime
Minister.

(10) In the exercise of the powers conferred upon him or her by
subsections (2), (5) and (7) the Governor General shall act in
his or her own deliberate judgment.
61.

CABINET OF MINISTERS(1)

There shall be a Cabinet of Ministers for Saint Lucia whichshall consist of the Prime Minister and the other Ministers.

(2)

At any time when the office of Attorney General is a public
office the Attorney General shall, by virtue of holding or acting
in that office, be a member of the Cabinet in addition to the
Ministers.

(3)

The functions of the Cabinet shall be to advise the Governor
General in the government of Saint Lucia and the Cabinet shallbe collectively responsible to Parliament for any advice given to
the Governor General by or under the general authority of the
Cabinet and for all things done by or under the authority of any
Minister in the execution of his or her office.

(4)

The provisions of subsection (3) shall not apply in relation to—(a) the appointment and removal from office of Ministers andParliamentary
Secretaries,
theassignmentof
responsibility to any Minister under section 62, or theauthorisation of another Minister to perform the functionsof the Prime Minister during absence or illness;(b) the dissolution of Parliament; or70Cap. 1.01

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(c)

62.

the matters referred to in section 74 (which relate to theprerogative of mercy).

ALLOCATION OF PORTFOLIOS TO MINISTERS

The Governor General, acting in accordance with the advice of thePrime Minister, may, by directions in writing, assign to the Prime
Minister or any other Minister responsibility for any business of theGovernment, including the administration of any department ofgovernment:
Provided that responsibility for finance shall be assigned to a Minister
who is a member of the House.
63.

PERFORMANCE OF FUNCTIONS OF MINISTERS DURING
ABSENCE OR ILLNESS(1)Whenever the Prime Minister is absent from Saint Lucia or byreason of illness is unable to perform the functions conferred
upon him or her by this Constitution, the Governor General
may authorise some other Minister to perform those functions(other than the functions conferred by this section) and that
Minister may perform those functions until his or her authority
is revoked by the Governor General.

(2)

Whenever a Minister other than the Prime Minister is absent
from Saint Lucia or is within Saint Lucia but by leave of theGovernor General is not performing the functions of his or her
office or by reason of illness is unable to perform thosefunctions, the Governor General may authorize some other
Minister to perform those functions or may appoint a Senator ora member of the House to be a temporary Minister in order toperform those functions; and that Minister may perform thosefunctions until his or her authority or, as the case may be, his or
her appointment is revoked by the Governor General or he or
she vacates office as a Minister under section 60(8) or 60(9).

(3)

The powers of the Governor General under this section shall be
exercised by him or her in accordance with the advice of thePrime Minister:
Provided that if the Governor General, acting in his or her own
deliberate judgment, considers that it is impracticable to obtain
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illness he or she may exercise those powers without that advice
and in his or her own deliberate judgment.
64.

EXERCISE OF GOVERNOR GENERAL’S FUNCTIONS(1)

In the exercise of his or her functions the Governor Generalshall act in accordance with the advice of the Cabinet or a
Minister acting under the general authority of the Cabinet
except in cases where he or she is required by this Constitution
or any other law to act in accordance with the advice of, or after
consultation with, any person or authority other than the
Cabinet:Provided that the foregoing provisions of this subsection shallnot apply where the Governor General is authorised to act in his
or her own deliberate judgment in accordance with thefollowing provisions of this Constitution—(a) section 57 (which relates to the Constituency Boundaries
Commission and the Electoral Commission);(b) sections 60 and 63 (which relate to Ministers);(c) section 67 (which relates to the Leader of the Opposition);(d) section 86 (which relates to the appointment, etc., of
public officers);(e) section 88 (which relates to the Chief Elections Officer);and(f) section 95 (which relates to the Public Service Board of
Appeal).

(2)

During any period in which there is a vacancy in the office ofLeader of the Opposition by reason of the fact that no person isboth qualified for appointment to that office in accordance withthis Constitution and willing to accept appointment, or if theGovernor General, acting in his or her own deliberate judgment,
considers that it is not practicable for him or her to obtain theadvice of the Leader of the Opposition within the time within
which it may be necessary for him or her to act, he or she may
act without that advice and in his or her own deliberate
judgment in the exercise of any power conferred upon him or
her by this Constitution in respect of which it is provided thathe or she shall act on the advice of, or after consultation with,
the Leader of the Opposition.

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(3)

65.

Nothing in subsection (1) shall require the Governor General toact in accordance with the advice of the Cabinet or a Minister in
exercise of the functions conferred upon him or her by thefollowing provisions of this Constitution—(a) the paragraph to section 55(4) (which requires theGovernor General to dissolve Parliament in certain
circumstances);(b) section 60(6) (which requires the Governor General toremove the Prime Minister from office in certain
circumstances);(c) section 65 (which entitles the Governor General toinformation);(d) sections 57(7), 67(5), 85(6), 88(7), 89(8), 90(7), 92(6),95(5), 110(7) and 118(8) (which require the Governor
General to remove the holders of certain offices fromoffice in certain circumstances).

GOVERNOR GENERAL TO BE INFORMED CONCERNING
MATTERS OF GOVERNMENTThe Prime Minister shall keep the Governor General fully informed
concerning the general conduct of the government of Saint Lucia andshall furnish the Governor General with such information as he or she
may request with respect to any particular matter relating to thegovernment of Saint Lucia.
66.

OATHS TO BE TAKEN BY MINISTERS, ETC

A Minister or a Parliamentary Secretary shall not enter upon theduties of his or her office unless he or she has taken and subscribed
the oath of allegiance, the oath of office and the oath of secrecy.
67.

LEADER OF THE OPPOSITION(1)

There shall (except at times when there are no members of theHouse who do not support the Government) be a Leader of the
Opposition who shall be appointed by the Governor General.

(2)

Whenever there is occasion for the appointment of a Leader of
the Opposition the Governor General shall appoint the memberof the House who appears to him or her most likely toLaws of Saint Lucia

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command the support of a majority of the members of theHouse who do not support the Government: or, if no member ofthe House appears to him or her to command such support, themember of the House who appears to him or her to command
the support of the largest single group of members of the House
who do not support the Government.

68.

(3)

If occasion arises to appoint a Leader of the Opposition during
the period between a dissolution of Parliament and the day on
which the ensuing election of members of the House is held, an
appointment may be made as if Parliament had not been
dissolved.

(4)

The office of Leader of the Opposition shall become vacant—(a) if he or she ceases to be a member of the House otherwise
than by reason of a dissolution of Parliament;(b) if, when the House first meets after a dissolution of
Parliament, he or she is not then a member of the House;(c) if, under the provisions of section 34(3), he or she isrequired to cease to perform his or her functions as amember of the House; or(d) if he or she is removed from office by the Governor
General under the provisions of subsection (5).

(5)

If it appears to the Governor General that the Leader of the
Opposition is no longer able to command the support of amajority of the members of the House who do not support theGovernment or (if no member of the House appears to him or
her to be able to command such support) the support of thelargest single group of members of the House who do notsupport the Government, he or she shall remove the Leader of
the Opposition from office.

(6)

The powers of the Governor General under this section shall be
exercised by him or her in his or her own deliberate judgment.

PARLIAMENTARY SECRETARIES(1)The Governor General, acting in accordance with the advice of
the Prime Minister, may appoint Parliamentary Secretaries fromamong the Senators and the members of the House to assist
Ministers in the performance of their duties:

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Provided that if occasion arises for making an appointment
while Parliament is dissolved, a person who was a Senator or amember of the House immediately before the dissolution may
be appointed as a Parliamentary Secretary.
(2)

69.

The office of a Parliamentary Secretary shall become vacant—(a) if the Governor General, acting in accordance with theadvice of the Prime Minister, so directs;(b) if the Prime Minister resigns from office within 3 days
after a resolution of no confidence in the Government has
been passed by the House or is removed from office under
section 60(7);(c) upon the appointment of any person to the office of Prime
Minister;(d) if the holder of the office ceases to be a Senator or amember of the House otherwise than by reason of adissolution of Parliament;(e) if, when the House first meets after the dissolution of
Parliament, he or she is not then a Senator or a member ofthe House; or(f) if, by virtue of section 27(3) or 34(3), he or she is required
to cease to perform his or her functions as a member of
the Senate or a member of the House.

PERMANENT SECRETARIES

Where any Minister has been charged with responsibility for any
department of government, he or she shall exercise general direction
and control over that department; and, subject to such direction andcontrol, every department of government shall be under thesupervision of a public officer whose office is referred to in thisConstitution as the office of a permanent secretary:
Provided that 2 or more government departments may be placed
under the supervision of one permanent secretary.
70.

SECRETARY TO THE CABINET(1)There shall be a Secretary to the Cabinet whose office shall be apublic office.

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(2)

71.

The Secretary to the Cabinet, who shall have charge of the
Cabinet Office, shall be responsible, in accordance with such
instructions as may be given to him or her by the Prime
Minister, for arranging the business for, and keeping theminutes of, the Cabinet and for conveying the decisions of the
Cabinet to the appropriate person or authority and shall havesuch other functions as the Prime Minister may direct.

CONSTITUTION OF OFFICES, ETC

Subject to the provisions of this Constitution and of any other law, theGovernor General may constitute offices for Saint Lucia, makeappointments to any such office and terminate any such appointment.
72.

ATTORNEY GENERAL(1)There shall be an Attorney General who shall be the principal
legal adviser to the Government.

(2)

The office of Attorney General shall be either a public office or
the office of a Minister. 2(3)

At any time when the office of Attorney General is a public
office the same person may, if qualified, be appointed to hold or
act in the office of Attorney General and the office of Directorof Public Prosecutions.

(4)

Where the offices of Attorney General and Director of Public
Prosecutions are held by the same person the following
provisions of this Constitution shall have effect as if references
therein to the Director included references to the Attorney
General, that is to say, sections 87, 89(5), 89(6), 89(7), 89(8),89(9), 89(10), 98(3) and 124(8)(a); but the provisions of thissubsection shall be without prejudice to the powers of
Parliament or, subject to the provisions of any law enacted by
Parliament, the Governor General to determine that the office ofAttorney General shall be the office of a Minister.

2
By Statutory Instrument 41/1997, the office of Attorney General was declared a public office “with effect from15 June 1997.”

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73.

CONTROL OF PUBLIC PROSECUTIONS(1)There shall be a Director of Public Prosecutions whose officeshall be a public office.

(2)

The Director of Public Prosecutions shall have power in any
case in which he or she considers it desirable so to do—(a) to institute and undertake criminal proceedings against
any person before any court of law (other than a courtmartial) in respect of any offence alleged to have beencommitted by that person;(b) to take over and continue any such criminal proceedingsthat have been instituted or undertaken by any otherperson or authority; and(c) to discontinue at any stage before judgment is delivered
any such criminal proceedings instituted or undertaken byhimself or herself or any other person or authority.

(3)

The powers of the Director of Public Prosecutions undersubsection (2) may be exercised by him or her in person or
through other persons acting under and in accordance with hisor her general or special instructions.

(4)

The powers conferred on the Director of Public Prosecutions bysubsections (2)(b) and (2)(c) shall be vested in him or her 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 preventthe withdrawal of those proceedings by or at the instance of that
person or authority and with the leave of the court.

(5)

For the purposes of this section any appeal from a judgment incriminal proceedings before any court or any case stated orquestion of law reserved for the purpose of any suchproceedings, to any other court (including Her Majesty inCouncil) shall be deemed to be part of those proceedings:
Provided that the power conferred on the Director of Public
Prosecutions by subsection (2)(c) shall not be exercised inrelation to any appeal by a person convicted in any criminal
proceedings or to any case stated or question of law reserved at
the instance of such a person.

(6)

In the exercise of the powers vested in him or her by subsection(2) and section 46, the Director of Public Prosecutions shall notLaws of Saint Lucia

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be subject to the direction or control of any other person or
authority.
74.

75.

PREROGATIVE OF MERCY(1)

The Governor General may—(a) grant a pardon, either free or subject to lawful conditions,to any person convicted of any offence;(b) grant to any person a respite, either indefinite or for a
specified period, of the execution of any punishment
imposed on that person for any offence;(c) substitute a less severe form of punishment for any
punishment imposed on any person for any offence; or(d) remit the whole or any part of any punishment imposedon any person for any offence or of any penalty or
forfeiture otherwise due to the Crown on account of any
offence.

(2)

The powers of the Governor General under subsection (1) shallbe exercised by him or her in accordance with the advice of theCommittee established by section 75.

COMMITTEE ON PREROGATIVE OF MERCY(1)

There shall be a Committee on the Prerogative of Mercy whichshall consist of—(a) such Minister as may be designated by the Governor
General, who shall be chairperson;(b) the Attorney General;(c) the chief medical officer of the Government; and(d) not more than 3 other members appointed by theGovernor General, by instrument in writing under his or
her hand.

(2)

A member of the Committee appointed under subsection (1)(d)shall hold his or her seat thereon for such period as may be
specified in the instrument by which he or she was appointed:
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(a)

(b)

76.

in the case of a person who at the date of his or her
appointment was a Minister, if he or she ceases to be a
Minister; orif the Governor General, by instrument in writing under
his or her hand, so directs.

(3)

The Committee may act notwithstanding any vacancy in its
membership or the absence of any member and its proceedings
shall not be invalidated by the presence or participation of any
person not entitled to be present at or to participate in those
proceedings.

(4)

The Committee may regulate its own procedure.

(5)

In the exercise of his or her functions under this section, theGovernor General shall act in accordance with the advice of thePrime Minister.

PROCEDURE IN CAPITAL CASES

Where any person has been sentenced to death (otherwise than by acourt-martial) for an offence, the Minister designated under section
75(1) shall cause a written report of the case from the trial judge (orthe Chief Justice, if a report from the trial judge cannot be obtained),
together with such other information derived from the record of thecase or elsewhere as he or she may require, to be taken into
consideration at a meeting of the Committee on the Prerogative ofMercy, so that the Committee may advise the Governor General
whether to exercise any of his or her powers under section 74(1).

CHAPTER V
FINANCE
77.

CONSOLIDATED FUND

All revenues or other moneys raised or received by Saint Lucia (notbeing revenues or other moneys that are payable, by or under any law
for the time being in force in Saint Lucia, into some other fundestablished for a specific purpose) shall be paid into and form aConsolidated Fund.

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78.

79.

WITHDRAWALS FROM CONSOLIDATED FUND OR OTHER
PUBLIC FUNDS(1)

No moneys shall be withdrawn from the Consolidated Fund
except—(a) to meet expenditure that is charged upon the Fund by thisConstitution or by any law enacted by Parliament; or(b) where the issue of those moneys has been authorised by
an appropriation law or by a law made in pursuance ofsection 80.

(2)Where any moneys are charged by this Constitution or any law
enacted by Parliament upon the Consolidated Fund or any otherpublic fund, they shall be paid out of that fund by theGovernment to the person or authority to whom payment is due.

(3)

No moneys shall be withdrawn from any public fund other thanthe Consolidated Fund unless the issue of those moneys has
been authorised by or under any law.

(4)

There shall be such provision as may be made by Parliamentprescribing the manner in which withdrawals may be madefrom the Consolidated Fund or any other public fund.

AUTHORISATION OF EXPENDITURE FROM CONSOLIDATEDFUND BY APPROPRIATION LAW(1)

The Minister responsible for finance shall cause to be prepared
and laid before the House before, or not later than 30 days after,
the commencement of each financial year estimates of therevenues and expenditure of Saint Lucia for that financial year.

(2)

When the estimates of expenditure (other than expenditure
charged upon the Consolidated Fund by this Constitution or by
any law enacted by Parliament) have been approved by theHouse, a bill, known as an appropriation bill, shall be
introduced in the House, providing for the issue from theConsolidated Fund of the sums necessary to meet that
expenditure and the appropriation of those sums, under separate
votes for the several services required, to the purposes specified
therein.

(3)

A supplementary estimate showing the sums required or spentshall be laid before the House if in respect of any financial year
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(a)

(b)

that the amount appropriated by the appropriation law to
any purpose is insufficient or that a need has arisen for
expenditure for a purpose to which no amount has been
appropriated by that law; orthat any moneys have been expended for any purpose inexcess of the amount appropriated to that purpose by theappropriation law or for a purpose to which no amount
has been appropriated by that law.

When the supplementary estimate has been approved by theHouse, a supplementary appropriation bill shall be introducedin the House providing for the issue of such sums from theConsolidated Fund and appropriating them to the purposes
specified therein.
80.

AUTHORISATION OF EXPENDITURE IN ADVANCE OF
APPROPRIATION

There shall be such provision as may be made by Parliament underwhich, if the appropriation law in respect of any financial year has notcome into operation by the beginning of that financial year, theMinister responsible for finance may authorise the withdrawal ofmoneys from the Consolidated Fund for the purpose of meeting
expenditure necessary to carry on the services of the Government
until the expiration of 4 months from the beginning of that financial
year or the coming into operation of the law, whichever is the earlier.
81.

CONTINGENCIES FUND

(1)

There shall be such provision as may be made by Parliament for
the establishment of a Contingencies Fund and for authorising
the Minister responsible for finance, if satisfied that there hasarisen an urgent and unforeseen need for expenditure for which
no other provision exists, to make advances from that Fund tomeet that need.

(2)

Where any advance is made from the Contingencies Fund, a
supplementary estimate shall as soon as possible be laid before
the House and when the supplementary estimate has been
approved by the House, a supplementary appropriation bill shallbe introduced as soon as possible in the House for the purposeof replacing the amount so advanced.

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82.

83.

REMUNERATION OF CERTAIN OFFICERS(1)

There shall be paid to the holders of the offices to which thissection applies such salaries and such allowances as may beprescribed by or under a law enacted by Parliament.

(2)

The salaries and allowances prescribed in pursuance of thissection in respect of the holders of the offices to which thissection applies shall be a charge on the Consolidated Fund.

(3)

The salary prescribed in pursuance of this section in respect of
the holder of any office to which this section applies and his or
her other terms of service (other than allowances that are nottaken into account in computing, under any law in that behalf,
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)

When a person’s salary or other terms of service depend uponhis or her option, the salary or terms for which he or she opts
shall, for the purposes of subsection (3), be deemed to be moreadvantageous to him or her than any others for which he or she
might have opted.

(5)This section applies to the offices of the Governor General,
member of the Public Service Commission, member of the
Teaching Service Commission, member of the Public Service
Board of Appeal, the Director of Public Prosecutions, theDirector of Audit, the Parliamentary Commissioner, the Deputy
Parliamentary Commissioner and the Chief Elections Officer.

(6)

Nothing in this section shall be construed as prejudicing theprovisions of section 97 (which protects pensions rights in
respect of service as a public officer).

PUBLIC DEBT

(1)

All debt charges for which Saint Lucia is liable shall be acharge on the Consolidated Fund.

(2)

For the purposes of this section debt charges include interest,
sinking fund charges, the repayment or amortization of debt andall expenditure in connection with the raising of loans on the
security of the Consolidated Fund and the service andredemption of the debt created thereby.

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84.

AUDIT OF PUBLIC ACCOUNTS, ETC(1)

There shall be a Director of Audit whose office shall be a public
office.

(2)

The Director of Audit shall—(a) satisfy himself or herself that all moneys that have been
appropriated by Parliament and disbursed have been
applied to the purposes to which they were so
appropriated and that the expenditure conforms to theauthority that governs it; and(b) at least once in every year audit and report on the public
accounts of Saint Lucia, the accounts of all officers andauthorities of the Government, the accounts of all courtsof law in Saint Lucia (including any accounts of theSupreme Court maintained in Saint Lucia), the accountsof every Commission established by this Constitution andthe accounts of the Parliamentary Commissioner, theClerk of the Senate and the Clerk of the House.

(3)

The Director of Audit and any officer authorised by him or her
shall have access to all books, records, returns, reports and otherdocuments which in his or her opinion relate to any of theaccounts referred to in subsection (2).

(4)

The Director of Audit shall submit every report made by him or
her in pursuance of subsection (2) to the Minister responsible
for finance who shall, not later than 7 days after the House firstmeets after he or she has received the report, lay it before theHouse.

(5)

If the Minister fails to lay a report before the House inaccordance with the provisions of subsection (4) the Director of
Audit shall transmit copies of that report to the Speaker who
shall, as soon as practicable, present them to the House.

(6)

The Director of Audit shall exercise such other functions inrelation to the accounts of the Government or the accounts ofother authorities or bodies established by law for public
purposes as may be prescribed by or under any law enacted by
Parliament.

(7)

In the exercise of his or her functions under subsections (2), (3),(4) and (5), the Director of Audit shall not be subject to thedirection or control of any other person or authority.

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CHAPTER VI
THE PUBLIC SERVICEPART 1The Public Service Commission
85.

PUBLIC SERVICE COMMISSION(1)

There shall be a Public Service Commission for Saint Lucia(hereinafter in this section referred to as the Commission)
which shall consist of a chairperson and not less than 2 nor
more than 4 other members, who shall be appointed by theGovernor General, acting in accordance with the advice of thePrime Minister:
Provided that the Prime Minister shall consult the Leader of the
Opposition before tendering any advice to the Governor
General for the purposes of this subsection.

(2)

A person shall not be qualified to be appointed as a member of
the Commission if—(a) he or she is a Senator or a member of the House;(b) he or she is, or has at any time during the 3 years
preceding his or her appointment been, a judge of theSupreme Court or a public officer.

(3)

A member of the Commission shall not, within the period of 3
years commencing with the day on which he or she last held or
acted in the office of member of the Commission, be eligible
for appointment to or to act in any public office.

(4)

Subject to the provisions of this section, the office of a memberof the Commission shall become vacant—(a) at the expiration of 3 years from the date of his or her
appointment; or(b) if any circumstances arise that, if he or she were not amember of the Commission, would cause him or her to bedisqualified to be appointed as such under subsection (2).

(5)

A member of the Commission may be removed from office
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cause) or for misbehaviour and shall not be so removed except
in accordance with the provisions of this section.
(6)

A member of the Commission shall be removed from office by
the Governor General if the question of his or her removal fromoffice has been referred to a tribunal appointed under subsection(7) and the tribunal has recommended to the Governor Generalthat he or she ought to be removed from office for inability as
aforesaid or for misbehaviour.

(7)

If the Prime Minister represents to the Governor General thatthe question of removing a member of the Commission under
this section ought to be investigated then—(a) the Governor General shall appoint a tribunal which shallconsist of a chairperson and not less than 2 othermembers, selected by the Chief Justice from among
persons who hold or have held office as a judge of a court
having unlimited jurisdiction in civil and criminal mattersin some part of the Commonwealth or a court having
jurisdiction in appeals from such a court; and(b) the tribunal shall enquire into the matter and report on thefacts thereof to the Governor General and recommend tohim or her whether the member ought to be removed
under this section.

(8)

If the question of removing a member of the Commission has
been referred to a tribunal under this section, the Governor
General, acting in accordance with the advice of the Prime
Minister, may suspend that member from the exercise of thefunctions of his or her office and any such suspension may at
any time be revoked by the Governor General, acting inaccordance with such advice as aforesaid, and shall in any casecease to have effect if the tribunal recommends to the Governor
General that that member should not be removed.

(9)

If the office of chairperson of the Commission is vacant or if
the holder of that office is for any reason unable to exercise thefunctions of his or her office, then, until a person has been
appointed to and has assumed the functions of that office or
until the person holding that office has resumed those functions,as the case may be, they shall be exercised by such othermember of the Commission as may be designated by theGovernor General, acting in accordance with the advice of thePrime Minister.

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Revision Date: 31 Dec 2006(10) If at any time there are less than 2 members of the Commission
besides the chairperson or if any such member is acting aschairperson or is for any reason unable to exercise the functionsof his or her office, the Governor General, acting in accordancewith the advice of the Prime Minister, may appoint a person
who is qualified to be appointed as a member of theCommission to act as a member, and any person so appointed
shall, subject to the provisions of subsection (4), continue to act
until the office in which he or she is acting has been filled or, as
the case may be, until the holder thereof has resumed his or her
functions or until his or her appointment to act has been
revoked by the Governor General, acting in accordance with theadvice of the Prime Minister.
(11) A member of the Commission shall not enter upon the duties of
his or her office until he or she has taken and subscribed theoath of allegiance and the oath of office.
(12) The Commission shall in the exercise of its functions under thisConstitution, not be subject to the direction or control of any
other person or authority.
(13) The Commission may by regulation or otherwise regulate its
own procedure and, with the consent of the Prime Minister,
may confer powers or impose duties on any public officer or on
any authority of the Government for the purpose of the exercise
of its functions.
(14) The Commission may, subject to its rules of procedure, act
notwithstanding any vacancy in its membership or the absenceof any member and its proceedings shall not be invalidated by
the presence or participation of any person not entitled to bepresent at or to participate in those proceedings:
Provided that any decision of the Commission shall require theconcurrence of a majority of all its members.
86.

APPOINTMENT ETC., OF PUBLIC OFFICERS(1)

The power to appoint persons to hold or act in offices in the
public service (including the power to confirm appointments),
and, subject to the provisions of section 96, the power toexercise disciplinary control over persons holding or acting insuch offices and the power to remove such persons from officeshall vest in the Public Service Commission.

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(2)

The Public Service Commission may, by directions in writing
and subject to such conditions as it thinks fit, delegate any of its
powers under subsection (1) to any one or more members of theCommission or, with the consent of the Prime Minister, to any
public officer.

(3)

The provisions of this section shall not apply in relation to thefollowing offices, that is to say—(a) any office to which section 87 applies;(b) the office of Chief Elections Officer;(c) the office of Director of Public Prosecutions;(d) the office of Director of Audit;(e) any office to which section 91, 93 or 94 applies.

(4)

No person shall be appointed under this section to or to act inany office on the Governor General’s personal staff except withthe concurrence of the Governor General, acting in his or her
own deliberate judgment.

(5)

Before any of the powers conferred by this section are exercisedby the Public Service Commission or any other person or
authority in relation to the Clerk of the Senate or the Clerk of
the House or a member of their staff, the Commission or that
person or authority shall consult with the President or the
Speaker, as the case may be.

(6)

Before any of the powers conferred by this section are exercisedby the Public Service Commission or any other person or
authority in relation to a member of the staff of the
Parliamentary Commissioner or the Chief Elections Officer, theCommission or that person or authority shall consult with theCommissioner or, as the case may be, the Officer.

(7)

A public officer shall not be removed from office or subjected
to any other punishment under this section on the grounds ofany act done or omitted by him or her in the exercise of a
judicial function conferred on him or her unless the Judicial andLegal Services Commission concurs therein.

PART 2
Appointments, etc., to particular offices

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87.

APPOINTMENT, ETC., OF PERMANENT SECRETARIES AND
CERTAIN OTHER OFFICERS(1)

This section applies to the offices of Secretary to the Cabinet,permanent secretary, head of a department of government,
deputy head of a department of government, any officedesignated by the Public Service Commission as an office of achief professional adviser to a department of government andany office designated by the Commission, after consultation
with the Prime Minister, as an office the holders of which arerequired to reside outside Saint Lucia for the proper dischargeof their functions or as an office in Saint Lucia whose functions
relate to external affairs.

(2)

The power to appoint persons to hold or to act in offices towhich this section applies (including the power to confirm
appointments) and, subject to the provisions of section 96, thepower to exercise disciplinary control over persons holding or
acting in such offices and the power to remove such persons
from office shall vest in the Governor General, acting inaccordance with the advice of the Public Service Commission.
However—(a) the power to appoint a person to hold or act in an office of
permanent secretary on transfer from another such officecarrying the same salary shall vest in the Governor
General, acting in accordance with the advice of thePrime Minister;(b) before the Public Service Commission tenders advice to
the Governor General with respect to the appointment ofany person to hold an office to which this section applies(other than an appointment to an office of permanent
secretary on transfer from another such office carrying thesame salary) it shall consult with the Prime Minister andif the Prime Minister signifies his or her objection to theappointment of any person to the office, the Commission
shall not advise the Governor General to appoint that
person;(c) in relation to any office of Ambassador, HighCommissioner or other principal representative of Saint
Lucia in any other country or accredited to any
international organization the Governor General shall act
in accordance with the advice of the Prime Minister, who

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shall, before tendering any such advice in respect of any
person who holds any public office to which
appointments are made by the Governor General on theadvice of or after consultation with some other person or
authority, consult that person or authority.
(3)

88.

References in this section to a department of government shallnot include the office of the Governor General, the departmentof the Attorney General, the department of the Director of
Public Prosecutions, the department of the Director of Audit,
the department of the Parliamentary Commissioner, thedepartment of the Chief Elections Officer or the Police Force.

CHIEF ELECTIONS OFFICER(1)

The Chief Elections Officer (hereinafter in this section referred
to as Officer) shall be appointed by the Governor General,
acting after consultation with the Electoral Commission.

(2)

If the office of the Officer is vacant or if the holder of that
office is for any reason unable to exercise the functions of his or
her office, the Governor General, acting after consultation with
the Electoral Commission, may appoint a person to act as
Officer.

(3)

A person shall not be qualified to be appointed to hold theoffice of the Officer unless he or she holds such qualifications(if any) as may be prescribed by Parliament.

(4)

A person appointed to act in the office of the Officer shall,subject to the provisions of subsections (5), (7) and (8), cease soto act—(a) when a person is appointed to hold that office and has
assumed the functions thereof or, as the case may be,when the person in whose place he or she is acting
resumes the functions of that office; or(b) at such earlier time as may be prescribed by the terms of
his or her appointment.

(5)

Subject to the provisions of subsection (6), the Officer shallvacate his or her office when he or she attains the prescribed
age.

(6)

A person holding the office of the Officer may be removed
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her office (whether arising from infirmity of body or mind or
any other cause) or for misbehaviour and shall not be soremoved except in accordance with the provisions of thissection.
(7)

The Officer shall be removed from office by the Governor
General if the question of his or her removal from office has
been referred to a tribunal appointed under subsection (8) andthe tribunal has recommended to the Governor General that heor she ought to be removed for inability as aforesaid or for
misbehaviour.

(8)

If the Governor General, acting in his or her own deliberate
judgment, considers that the question of removing the Officer
under this section ought to be investigated, then—(a) the Governor General shall appoint a tribunal which shallconsist of a chairperson and not less than 2 othermembers, selected by the Chief Justice from among
persons who hold or have held office as a judge of a court
having unlimited jurisdiction in civil and criminal mattersin some part of the Commonwealth or a court having
jurisdiction in appeals from such a court; and(b) the tribunal shall enquire into the matter and report on thefacts thereof to the Governor General and recommend tohim or her whether the Officer ought to be removed under
this section.

(9)

If the question of removing the Officer has been referred to atribunal under this section, the Governor General, acting in his
or her own deliberate judgment, may suspend the Officer fromthe exercise of the functions of his or her office and any suchsuspension may at any time be revoked by the Governor
General, acting as aforesaid, and shall in any case cease to haveeffect if the tribunal recommends to the Governor General that
the Officer should not be removed.

(10) The prescribed age for the purposes of subsection (5) is the ageof 55 years or such other age as may be prescribed by
Parliament:
Provided that any law enacted by Parliament, to the extent towhich it alters the prescribed age after a person has been
appointed to be or to act as Officer, shall not have effect in90Cap. 1.01

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relation to that person unless he or she consents that it shouldhave effect.
89.

DIRECTOR OF PUBLIC PROSECUTIONS(1)The Director of Public Prosecutions shall be appointed by theGovernor General, acting in accordance with the advice of the
Judicial and Legal Services Commission.

(2)

If the office of Director of Public Prosecutions is vacant or if
the holder of that office is for any reason unable to exercise thefunctions of his or her office, the Governor General, acting inaccordance with the advice of the Judicial and Legal Services
Commission, may appoint a person to act as Director.

(3)

Before tendering advice for the purposes of subsection (1) or(2) the Judicial and Legal Services Commission shall consult
the Prime Minister.

(4)

A person shall not be qualified to be appointed to hold theoffice of Director of Public Prosecutions unless he or she holds
one of the specified qualifications and has held one or other of
those qualifications for a total period of not less than 7 years.

(5)

A person appointed to act in the office of Director of Public
Prosecutions shall, subject to the provisions of subsections (6),(8), (9) and (10), cease so to act—(a) when a person is appointed to hold that office and has
assumed the functions thereof or, as the case may be,when the person in whose place he or she is acting
resumes the functions of that office; or(b) at such earlier time as may be prescribed by the terms of
his or her appointment.

(6)

Subject to the provisions of subsection (7), the Director of
Public Prosecutions shall vacate his or her office when he or she
attains the prescribed age.

(7)

A person holding the office of Director of Public Prosecutions
may be removed from office only for inability to exercise thefunctions of his or her office (whether arising from infirmity ofbody or mind or any other cause) or for misbehaviour and shallnot be so removed except in accordance with the provisions of
this section.

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(8)

The Director of Public Prosecutions shall be removed fromoffice by the Governor General if the question of his or her
removal from office has been referred to a tribunal appointed
under subsection (9) and the tribunal has recommended to theGovernor General that he or she ought to be removed forinability as aforesaid or for misbehaviour.

(9)

If the Prime Minister or the chairperson of the Judicial andLegal Services Commission represents to the Governor Generalthat the question of removing the Director of Public
Prosecutions under this section ought to be investigated, then—(a) the Governor General shall appoint a tribunal which shallconsist of a chairperson and not less than 2 othermembers, selected by the Chief Justice from among
persons who hold or have held office as a judge of a court
having unlimited jurisdiction in civil and criminal mattersin some part of the Commonwealth or a court having
jurisdiction in appeals from such a court; and(b) the tribunal shall enquire into the matter and report on thefacts thereof to the Governor General and recommend tohim or her whether the Director ought to be removed
under this section.

(10) If the question of removing the Director of Public Prosecutions
has been referred to a tribunal under this section, the Governor
General, acting in accordance with the advice of the Judicial
and Legal Services Commission, may suspend the Director
from the exercise of the functions of his or her office and any
such suspension may at any time be revoked by the Governor
General, acting in accordance with such advice as aforesaid,
and shall in any case cease to have effect if the tribunal
recommends to the Governor General that the Director should
not be removed.
(11) The prescribed age for the purposes of subsection (6) is the ageof 55 years or such other age as may be prescribed by
Parliament:
Provided that any law enacted by Parliament, to the extent towhich it alters the prescribed age after a person has been
appointed to be or to act as Director of Public Prosecutions,shall not have effect in relation to that person unless he or she
consents that it should have effect.

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Revision Date: 31 Dec 2006(12) The Judicial and Legal Services Commission shall consult thePrime Minister before it tenders any advice to the Governor
General under this section in its application to the Attorney
General by virtue of section 72(4).
90.

DIRECTOR OF AUDIT(1)

The Director of Audit shall be appointed by the Governor
General acting in accordance with the advice of the PublicService Commission.

(2)

If the office of Director of Audit is vacant or if the holder ofthat office is for any reason unable to exercise the functions of
his or her office, the Governor General, acting in accordancewith the advice of the Public Service Commission, may appointa person to act as Director.

(3)

Before tendering advice for the purposes of subsection (1) or(2), the Public Service Commission shall consult the Prime
Minister.

(4)

A person appointed to act in the office of Director of Audit
shall, subject to the provisions of subsections (5), (7), (8) and(9), cease so to act—(a) when a person is appointed to hold that office and has
assumed the functions thereof or, as the case may be,when the person in whose place he or she is acting
resumes the functions of that office; or(b) at such earlier time as may be prescribed by the terms of
his or her appointment.

(5)

Subject to the provisions of subsection (7) the Director of Audit
shall vacate his or her office when he or she attains theprescribed age.

(6)

A person holding the office of Director of Audit may beremoved from office only for inability to exercise the functionsof his or her office (whether arising from infirmity of body or
mind or any other cause) or for misbehaviour and shall not be
so removed except in accordance with the provisions of thissection.

(7)

The Director of Audit shall be removed from office by theGovernor General if the question of his or her removal fromoffice has been referred to a tribunal appointed under subsection

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Revision Date: 31 Dec 2006(8) and the tribunal has recommended to the Governor Generalthat he or she ought to be removed for inability as aforesaid orfor misbehaviour.
(8)

If the Prime Minister or the chairperson of the Public Service
Commission represents to the Governor General that thequestion of removing the Director of Audit under this section
ought to be investigated—(a) the Governor General shall appoint a tribunal which shallconsist of a chairperson and not less than 2 other members
selected by the Chief Justice from among persons who
hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters insome part of the Commonwealth or a court having
jurisdiction in appeals from such a court; and(b) the tribunal shall enquire into the matter and report on thefacts thereof to the Governor General and recommend tohim or her whether the Director ought to be removed
under this section.

(9)

If the question of removing the Director of Audit has beenreferred to a tribunal under this section, the Governor General,
acting in accordance with the advice of the Public Service
Commission, may suspend the Director from the exercise of thefunctions of his or her office and any such suspension may at
any time be revoked by the Governor General, acting inaccordance with such advice as aforesaid, and shall in any casecease to have effect if the tribunal recommends to the Governor
General that the Director should not be removed.

(10) The prescribed age for the purposes of subsection (5) is the ageof 55 or such other age as may be prescribed by Parliament:
Provided that any law enacted by Parliament, to the extent towhich it alters the prescribed age after a person has been
appointed to be or to act as Director of Audit, shall not haveeffect in relation to that person unless he or she consents that itshould have effect.
91.

APPOINTMENT, ETC. OF MAGISTRATES, REGISTRARS ANDLEGAL OFFICERS(1)

This section applies to the offices of magistrate, registrar of theHigh Court and assistant registrar of the High Court, to any

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public office in the department of the Attorney General (otherthan the public office of Attorney General) or in the departmentof the Parliamentary Commissioner, the department of the
Chief Elections Officer (other than the office of Officer) or the
department of the Director of Public Prosecutions (other thanthe office of Director) for appointment to which persons are
required to hold one or other of the specified qualifications andsuch other offices connected with the courts as Parliament may
prescribe.
(2)

The power to appoint persons to hold or act in offices to which
this section applies (including the power to confirm
appointments) shall vest in the Judicial and Legal Services
Commission.

(3)

Subject to the provisions of section 96, the power to exercise
disciplinary control over persons holding or acting in offices towhich this section applies and the power to remove such
persons from office shall vest in the Judicial and Legal Services
Commission.

PART 3
The Teaching Service Commission
92.

TEACHING SERVICE COMMISSION(1)

There shall be a Teaching Service Commission for Saint Lucia(hereinafter in this section referred to as the Commission)
which shall consist of a chairperson and not less than 2 nor
more than 4 other members, who shall be appointed by theGovernor General, acting in accordance with the advice of thePrime Minister:
Provided that the Prime Minister shall consult the Leader of the
Opposition before tendering any advice to the Governor
General for the purposes of this subsection.

(2)

A person shall not be qualified to be appointed as a member of
the Commission if—(a) he or she is a Senator or a member of the House;(b) he or she is, or has at any time during the 3 years
preceding his or her appointment been, a judge of theSupreme Court or a public officer.

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(3)

A member of the Commission shall not, within the period of 3
years commencing with the day on which he or she last held or
acted in the office of member of the Commission, be eligible
for appointment to or to act in any public office.

(4)

Subject to the provisions of this section, the office of a memberof the Commission shall become vacant—(a) at the expiration of 3 years from the date of his or her
appointment; or(b) if any circumstances arise that, if he or she were not amember of the Commission, would cause him or her to bedisqualified to be appointed as such under subsection (2).

(5)

A member of the Commission may be removed from office
only for inability to exercise the functions of his or her office(whether arising from infirmity of body or mind or any othercause) or for misbehaviour and shall not be so removed except
in accordance with the provisions of this section.

(6)

A member of the Commission shall be removed from office by
the Governor General if the question of his or her removal fromoffice has been referred to a tribunal appointed under subsection(7) and the tribunal has recommended to the Governor Generalthat he or she ought to be removed from office for inability as
aforesaid or for misbehaviour.

(7)

If the Prime Minister represents to the Governor General thatthe question of removing a member of the Commission under
this section ought to be investigated, then—(a) the Governor General shall appoint a tribunal which shallconsist of a chairperson and not less than 2 othermembers, selected by the Chief Justice from among
persons who hold or have held office as a judge of a court
having unlimited jurisdiction in civil and criminal mattersin some part of the Commonwealth or a court having
jurisdiction in appeals from such a court; and(b) the tribunal shall enquire into the matter and report on thefacts thereof to the Governor General and recommend tohim or her whether the member ought to be removed
under this section.

(8)

If the question of removing a member of the Commission has
been referred to a tribunal under this section, the Governor
General, acting in accordance with the advice of the Prime

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Minister, may suspend that member from the exercise of thefunctions of his or her office and any such suspension may at
any time be revoked by the Governor General, acting inaccordance with such advice as aforesaid, and shall in any casecease to have effect if the tribunal recommends to the Governor
General that that member should not be removed.
(9)

If the office of chairperson of the Commission is vacant or if
the holder of that office is for any reason unable to exercise thefunctions of his or her office, then, until a person has been
appointed to and has assumed the functions of that office or
until the person holding that office has resumed those functions,as the case may be, they shall be exercised by such othermember of the Commission as may be designated by theGovernor General, acting in accordance with the advice of thePrime Minister.

(10) If at any time there are less than 2 members of the Commission
besides the chairperson or if any such member is acting aschairperson or is for any reason unable to exercise the functionsof his or her office, the Governor General, acting in accordancewith the advice of the Prime Minister, may appoint a person
who is qualified to be appointed as a member of theCommission to act as a member, and any person so appointed
shall, subject to the provisions of subsection (4), continue to act
until the office in which he or she is acting has been filled or, as
the case may be, until the holder thereof has resumed his or her
functions or until his appointment to act has been revoked by
the Governor General, acting in accordance with the advice of
the Prime Minister.
(11) A member of the Commission shall not enter upon the duties of
his or her office until he or she has taken and subscribed theoath of allegiance and the oath of office.
(12) The Commission shall, in the exercise of its functions under
this Constitution, not be subject to the direction or control of
any other person or authority.
(13) The Commission may by regulation or otherwise regulate its
own procedure and, with the consent of the Prime Minister,
may confer powers or impose duties on any public officer or on
any authority of the Government for the purpose of the exercise
of its functions.

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Revision Date: 31 Dec 2006(14) The Commission may, subject to its rules of procedure, act
notwithstanding any vacancy in its membership or the absenceof any member and its proceedings shall not be invalidated by
the presence or participation of any person not entitled to bepresent at or to participate in those proceedings:
Provided that any decision of the Commission shall require theconcurrence of a majority of all its members.
93.

APPOINTMENT, ETC., OF TEACHERS(1)

The power to appoint persons to hold or act in offices to which
this section applies (including the power to confirm
appointments), and, subject to the provisions of section 96, thepower to exercise disciplinary control over persons holding or
acting in such offices and the power to remove such persons
from office shall vest in the Teaching Service Commission.

(2)

The Teaching Service Commission may, by directions inwriting and subject to such conditions as it thinks fit, delegate
any of its powers under subsection (1) to any one or moremembers of the Commission or, with the consent of the Prime
Minister, to any public officer.

(3)This section applies to any office in the public service, theduties of which are wholly or mainly concerned with teachingin schools or with the administration of schools, not being an
office to which section 87 applies.

PART 4
The Police
94.

POLICE FORCE(1)

The power to appoint a person to hold or act in the office ofCommissioner of Police and, subject to the provisions ofsection 96, the power to remove the Commissioner from officeshall vest in the Governor General, acting in accordance withthe advice of the Public Service Commission:
Provided that before the Commission tenders advice to theGovernor General with respect to the appointment of any
person to hold the office of Commissioner the Commission

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shall consult with the Prime Minister and if the Prime Minister
signifies his or her objection to the appointment of any person
to the office the Commission shall not advise the Governor
General to appoint that person.
(2)

The power to appoint persons to hold or act in offices in the
Police Force below the rank of Commissioner of Police but
above the rank of Inspector (including the power to confirm
appointments), and, subject to the provisions of section 96, thepower to exercise disciplinary control over persons holding or
acting in such offices and the power to remove such persons
from office shall vest in the Public Service Commission.

(3)

The power to appoint persons to hold or act in offices in the
Police Force of or below the rank of Inspector (including thepower to confirm appointments), and, subject to the provisionsof section 96, the power to exercise disciplinary control overpersons holding or acting in such offices and the power toremove such persons from office shall vest in theCommissioner of Police.

(4)

The Commissioner of Police may, by directions given in suchmanner as he or she thinks fit and subject to such conditions as
he or she thinks fit, delegate any of his or her powers undersubsection (3) to any other member of the Police Force.

(5)

A police officer shall not be removed from office or subjected
to any other punishment under this section on the grounds ofany act done or omitted by him or her in the exercise of any
judicial function conferred on him or her unless the Judicial andLegal Services Commission concurs therein.

(6)

In this section references to the rank of Inspector shall, if theranks within the Police Force are altered (whether inconsequence of the reorganization or replacement of an existing
part of the Force or the creation of an additional part) be
construed as references to such rank or ranks as may be
specified by the Public Service Commission by order publishedin the Official Gazette, being a rank or ranks that in the opinionof the Commission most nearly correspond to the rank ofInspector as it existed before the alteration.

PART 5
The Public Service Board of Appeal

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95.

PUBLIC SERVICE BOARD OF APPEAL(1)There shall be a Public Service Board of Appeal for Saint Lucia(hereinafter in this section and in section 96 referred to as theBoard) which shall consist of—(a) one member appointed by the Governor General, acting in
his or her own deliberate judgment, who shall be the
Chairperson;(b) one member appointed by the Governor General, acting inaccordance with the advice of the Prime Minister; and(c) 2 members appointed by the Governor General, acting inaccordance with the advice of the appropriate
representative bodies.

(2)

A person shall not be qualified for appointment as a member ofthe Board if he or she is a Senator or a member of the Houseand a person shall not be qualified for appointment undersubsection (1)(c) unless he or she is or has been a public officer.

(3)

Subject to the provisions, the office of a member of the Board
shall become vacant—(a) at the expiration of 3 years from the date of his or her
appointment; or(b) if any circumstances arise that, if he or she were not amember of the Board, would cause him or her to bedisqualified to be appointed as such under subsection (2).

(4)

A member of the Board may be removed from office only forinability to exercise the functions of his or her office (whether
arising from infirmity of body or mind or any other cause) or
for misbehaviour and shall not be so removed except inaccordance with the provisions of this section.

(5)

A member of the Board shall be removed from office by theGovernor General if the question of his or her removal fromoffice has been referred to a tribunal appointed under subsection(6) and the tribunal has recommended to the Governor Generalthat he or she ought to be removed from office for inability as
aforesaid or for misbehaviour.

(6)

If the Governor General considers that the question of removing
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(a)

(b)

the Governor General shall appoint a tribunal which shallconsist of a chairperson and not less than 2 othermembers, selected by the Chief Justice from among
persons who hold or have held office as a judge of a court
having unlimited jurisdiction in civil and criminal mattersin some part of the Commonwealth or of a court having
jurisdiction in appeals from such a court; andthe tribunal shall enquire into the matter and report on thefacts thereof to the Governor General and recommend tohim or her whether the member ought to be removed
under this section.

(7)

If the question of removing a member of the Board has beenreferred to a tribunal under this section, the Governor General
may suspend that member from the exercise of the functions of
his or her office and any such suspension may at any time be
revoked by the Governor General and shall in any case cease tohave effect if the tribunal recommends to the Governor Generalthat that member should not be removed.

(8)

If at any time any member of the Board is for any reason unable
to exercise the functions of his or her office, the Governor
General may appoint a person who is qualified to be appointed
as a member of the Board to act as a member, and any person so
appointed shall, subject to the provisions of subsection (4),continue to act until the holder thereof has resumed his or her
functions or until his or her appointment to act has been
revoked by the Governor General.

(9)

In the exercise of the powers conferred upon him or her by
subsections (6), (7) and (8) the Governor General shall, in thecase of a member of the Board appointed under subsection(1)(b), act in accordance with the advice of the Prime Ministerand shall in any other case act in his or her own deliberate
judgment.

(10) The Board shall, in the exercise of its functions under thisConstitution, not be subject to the direction or control of any
other person or authority.
(11) In this section “the appropriate representative bodies” means
the Saint Lucia Civil Service Association and the Police
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Prime Minister, as representing the interests of public officers
and of police officers.
96.

APPEALS IN DISCIPLINE CASES(1)This section applies to—(a) any decision of the Governor General, acting inaccordance with the advice of the Public Service
Commission, or any decision of the Public Service
Commission or of the Teaching Service Commission, toremove a public officer from office or to exercise
disciplinary control over a public officer (including adecision made on appeal from or confirming a decision of
any person to whom powers are delegated under section
86(2) or 93(2));(b) any decision of any person to whom powers are delegatedunder section 86(2) or 93(2) to remove a public officer
from office or to exercise disciplinary control over a
public officer (not being a decision which is subject toappeal to or confirmation by the Public Service
Commission or the Teaching Service Commission);(c) if it is so provided by Parliament, any decision of theCommissioner of Police under section 94(3), or of aperson to whom powers are delegated under section
94(4), to remove a police officer from office or to
exercise disciplinary control over a police officer;(d) such decisions with respect to the discipline of any
military, naval or air force of Saint Lucia as may beprescribed by Parliament.

(2)

Subject to the provisions of this section, an appeal shall lie tothe Board from any decision to which this section applies at the
instance of the public officer or member of the naval, militaryor air force in respect of whom the decision is made:Provided that in the case of any such decision as is referred to in
subsection (1)(c), an appeal shall lie in the first instance to theCommissioner of Police if it is so provided by Parliament or, if
it is not so provided, if the Commissioner so requires.

(3)

Upon an appeal under this section the Board may affirm or set
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decision which the authority or person from whom the appeal
lies could have made.
(4)

Every decision of the Board shall require the concurrence of amajority of all its members.

(5)

Subject to the provisions of subsection (4), the Board may by
regulation make provision for—(a) the procedure of the Board;(b) the procedure in appeals under this section; or(c) excepting from the provisions of subsection (2) decisions
in respect of public officers holding offices whose
emoluments do not exceed such sum as may be prescribedby the regulations or such decisions to exercise
disciplinary control, other than decisions to remove fromoffice, as may be so prescribed.

(6)

Regulations made under this section may, with the consent of
the Prime Minister, confer powers or impose duties on any
public officer or any authority of the Government for the
purpose of the exercise of the functions of the Board.

(7)

The Board may, subject to the provisions of this section and to
its rules of procedure, act notwithstanding any vacancy in its
membership or the absence of any member.

PART 6
Pensions
97.

PENSIONS LAWS AND PROTECTION OF PENSIONS RIGHTS(1)

The law to be applied with respect to any pensions benefits thatwere granted to any person before the commencement of thisConstitution shall be the law that was in force at the date on
which those benefits were granted or any law in force at a later
date that is not less favourable to that person.

(2)

The law to be applied with respect to any pensions benefits (notbeing benefits to which subsection (1) applies) shall—(a) in so far as those benefits are wholly in respect of a periodof service as a judge or officer of the Supreme Court or apublic officer that commenced before the commencement

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Revision Date: 31 Dec 2006(b)of this Constitution, be the law that was in force at suchcommencement; andin so far as those benefits are wholly or partly in respectof a period of service as a judge or officer of the Supreme
Court or a public officer that commenced after thecommencement of this Constitution, be the law in force
on the date on which that period of service commenced,

or any law in force at a later date that is not less favourable tothat person.

98.

(3)

Where a person is entitled to exercise an option as to which of 2
or more laws shall apply in his or her case, the law for which heor she opts shall, for the purposes of this section, be deemed tobe more favourable to him or her than the other law or laws.

(4)

All pensions benefits shall (except to the extent that they are by
law charged upon and duly paid out of some other fund) be acharge on the Consolidated Fund.

(5)

In this section “pensions benefits” means any pensions,compensation, gratuities or other like allowances for persons in
respect of their service as judges or officers of the Supreme
Court or public officers or for the widows, children, dependants
or personal representatives of such persons in respect of suchservice.

(6)

References in this section to the law with respect to pensions
benefits include (without prejudice to their generality)references to the law regulating the circumstances in whichsuch benefits may be granted or in which the grant of such
benefits may be refused, the law regulating the circumstances inwhich any such benefits that have been granted may be
withheld, reduced in amount or suspended and the law
regulating the amount of any such benefits.

POWER TO WITHHOLD PENSIONS, ETC(1)

Where under any law any person or authority has a discretion—(a) to decide whether or not any pensions benefits shall be
granted; or(b) to withhold, reduce in amount or suspend any such
benefits that have been granted,

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those benefits shall be granted and may not be withheld,
reduced in amount or suspended unless the Public Service
Commission concurs in the refusal to grant the benefits or, as
the case may be, in the decision to withhold them, reduce themin amount or suspend them.
(2)

Where the amount of any pensions benefits that may be granted
to any person is not fixed by law, the amount of the benefits tobe granted to him or her shall be the greatest amount for which
he or she is eligible unless the Public Service Commission
concurs in his or her being granted benefits of a smaller
amount.

(3)

The Public Service Commission shall not concur undersubsection (1) or subsection (2) in any action taken on the
ground that any person who holds or has held the office ofjudge of the Supreme Court, Director of Public Prosecutions,
Director of Audit or Chief Elections Officer has been guilty of
misbehaviour in that office unless he or she has been removed
from that office by reason of such misbehaviour.

(4)

Before the Public Service Commission concurs undersubsection (1) or subsection (2) in any action taken on the
ground that any person who holds or has held any office towhich, at the time of such action, section 91 applies has been
guilty of misbehaviour in that office, the Public Service
Commission shall consult the Judicial and Legal Services
Commission.

(5)

In this section “pension benefits” means any pensions,compensation, gratuities or other like allowances for persons in
respect of their service as judges or officers of the Supreme
Court or public officers or for the widows, children, dependants
or personal representatives of such persons in respect of suchservice.

CHAPTER VII
CITIZENSHIP99.

PERSONS WHO BECOME CITIZENS ON 22 FEBRUARY 1979

(1)

Every person who, having been born in Saint Lucia, isimmediately before the commencement of this Constitution a

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citizen of the United Kingdom and Colonies shall become acitizen at such commencement.
(2)

Every person who, immediately before the commencement of
this Constitution, is a citizen of the United Kingdom andColonies—(a) having become such a citizen under the British
Nationality Act 1948 of the United Kingdom by virtue of
his or her having been naturalised in Saint Lucia as a
British subject before that Act came into force; or(b) having while resident in Saint Lucia become such acitizen by virtue of his or her having been naturalised orregistered under the British Nationality Act 1948 of theUnited Kingdom,
shall become a citizen at such commencement.

(3)

Every person who, having been born outside Saint Lucia, isimmediately before the commencement of this Constitution acitizen of the United Kingdom and Colonies shall, if his or her
father or mother becomes, or would but for his or her death or
the renunciation of his or her citizenship of the United Kingdom
and Colonies have become, a citizen by virtue of subsection (1)or (2), become a citizen at such commencement.

(4)

Every woman who, having been married to a person who
becomes, or but for his death or the renunciation of his
citizenship of the United Kingdom and Colonies would havebecome, a citizen by virtue of subsection (1), (2) or (3), is a
citizen of the United Kingdom and Colonies immediately
before the commencement of this Constitution shall become acitizen at such commencement.

100. PERSONS BORN IN SAINT LUCIA ON OR AFTER 22 FEBRUARY
1979

Every person born in Saint Lucia after the commencement of this,Constitution shall become a citizen at the date of his or herbirth:
Provided that a person shall not become a citizen by virtue of thissection if at the time of his or her birth—(a) neither of his or her parents is a citizen of Saint Lucia andhis or her father possesses such immunity from suit and106Constitution of Saint Lucia

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legal process as is accorded to the envoy of a foreign
sovereign power accredited to Saint Lucia; or
his or her father is a citizen of a country with which Saint
Lucia is at war and the birth occurs in a place then under
occupation by that country.

101. PERSONS BORN OUTSIDE SAINT LUCIA ON OR AFTER 22
FEBRUARY 1979

A person born outside Saint Lucia after the commencement of thisConstitution shall become a citizen at the date of his or her birth if, atthat date, his or her father or mother is a citizen otherwise than by
virtue of this section or section 99(3).
102. REGISTRATION(1)

The following persons shall be entitled, upon making
application, to be registered as citizens—(a) any woman who is married to a citizen or who has beenmarried to a person who, at any time during the period
during which they were married to each other, was a
citizen;(b) any person who, being a Commonwealth citizen, isordinarily resident in Saint Lucia at the commencement of
this Constitution, having been so resident for the period of
7 years immediately preceding such commencement;(c) any person who, having been a citizen has renounced hisor her citizenship in order to qualify for the acquisition or
retention of the citizenship of another country;(d) any person who, but for having renounced his or her
citizenship of the United Kingdom and Colonies in orderto qualify for the acquisition or retention of thecitizenship of another country, would have become acitizen at the commencement of this Constitution;(e) any woman who is married to any such person as ismentioned in paragraph (b), (c) or (d) or who was married
to a person who, at any time during the period during
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(f)

(2)

any woman who, before the commencement of thisConstitution, has been married to a person—(i) who becomes a citizen by virtue of section 99;or(ii) who, having died before such commencement,
would but for his death have become a citizen by
virtue of that section,
but whose marriage has been terminated by death or
dissolution before such commencement.

The following persons shall, upon making application, be
entitled to be registered as citizens—(a) any man who is married to a citizen or who has beenmarried to a person who, at any time during the period
during which they were married to each other, was a
citizen;(b) any person who, being a Commonwealth citizen, is andfor 7 years previous to his or her application has been
ordinarily resident in Saint Lucia;(c) any man who is married to any such person as ismentioned in subsection (l)(b), (1)(c) or (1)(d) or who wasmarried to a person who, at any time during the period
during which they were married too each other, wasentitled to apply to be registered as a citizen under any
such paragraph;(d) any person under the age of 21 years who is the stepchildor child adopted in a manner recognised by law of acitizen or is the child, stepchild or child so adopted of aperson who is or would but for his or her death have been
entitled to be registered as a citizen under subsection (l):Provided that if it is so provided by Parliament an application
for registration as a citizen under this subsection may, in suchcircumstances as may be prescribed by Parliament in theinterests of defence, public safety or public order, be refused by
the Minister responsible for the matter in any case in which heor she is satisfied that there are reasonable grounds for refusing
the application.

(3)

An application under this section shall be made in such manneras may be prescribed, as respects that application, by or under a108Cap. 1.01

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law enacted by Parliament and in the case of a person to whomsubsection (2)(d) applies, it shall be made on his or her behalf
by his or her parent or guardian:
Provided that if any such person is or has been married, he or
she may make the application himself or herself.
(4)

Every person who, being a British protected person, an alien or,
if it is so prescribed by Parliament, a citizen of any country
within the Commonwealth that does not form part of Her
Majesty’s dominions and having reached the age of 21 years,
applies for registration under this section shall, before suchregistration, take the oath of allegiance.

103. ACQUISITION, DEPRIVATION AND RENUNCIATION

There shall be such provision as may be made by Parliament for—(a) the acquisition of citizenship by persons who are noteligible or who are no longer eligible to become citizens
under the provisions of this Chapter;(b) depriving of his or her citizenship any person who is a
citizen otherwise than by virtue of section 99, 100 or 101;(c) the renunciation by any person of his or her citizenship.
104. INTERPRETATION(1)

In this Chapter—“alien” means a person who is not a Commonwealth citizen, aBritish protected person or a citizen of the Republic of
Ireland;“British protected person” means a person who is a British
protected person for the purposes of the British
Nationality Act 1948 of the United Kingdom;“the British Nationality Act 1948 of the United Kingdom”
includes any Act of the Parliament of the United
Kingdom altering that Act.

(2)

For the purposes of this Chapter, a person born aboard a
registered ship or aircraft, or aboard an unregistered ship or
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have been born in the place in which the ship or aircraft was
registered or, as the case may be, in that country.
(3)

Any reference in this Chapter to the national status of the father
of a person at the time of that person’s birth shall, in relation toa person born after the death of his or her father, be construed
as a reference to the national status of the father at the time of
the father’s death; and where that death occurred before thecommencement of this Constitution and the birth occurred after
such commencement the national status that the father would
have had if he had died immediately after such commencement
shall be deemed to be his national status at the time of his death.

CHAPTER VIII
JUDICIAL PROVISIONS
105. ORIGINAL JURISDICTION OF HIGH COURT IN
CONSTITUTIONAL QUESTIONS(1)

Subject to the provisions of sections 22(2), 37(6), 41(11), 58(7),117(8), 121(3) and 124(10), any person who alleges that any
provision of this Constitution (other than a provision of Chapter
I thereof) has been or is being contravened may, if he or she hasa relevant interest, apply to the High Court for a declaration andfor relief under this section.

(2)

The High Court shall have jurisdiction on an application madeunder this section to determine whether any provision of thisConstitution (other than a provision of Chapter I thereof) has
been or is being contravened and to make a declarationaccordingly.

(3)

Where the High Court makes a declaration under this sectionthat a provision of this Constitution has been or is being
contravened and the person on whose application the
declaration is made has also applied for relief, the High Court
may grant to that person such remedy as it considers
appropriate, being a remedy available generally under any law
in proceedings in the High Court.

(4)

The Chief Justice may make rules with respect to the practiceand procedure of the High Court in relation to the jurisdiction
and powers conferred on the Court by or under this section,

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including provision with respect to the time within which any
application under this section may be made.
(5)

A person shall be regarded as having a relevant interest for the
purpose of an application under this section only if thecontravention of this Constitution alleged by him or her is suchas to affect his or her interests.

(6)

The right conferred on a person by this section to apply for adeclaration and relief in respect of an alleged contravention ofthis Constitution shall be in addition to any other action in
respect of the same matter that may be available to that person
under any other law.

(7)

Nothing in this section shall confer jurisdiction on the High
Court to hear or determine any such question as is referred to in
section 39.

106. REFERENCE OF CONSTITUTIONAL QUESTIONS TO HIGH
COURT

(1)

Where any question as to the interpretation of this Constitution
arises in any court of law established for Saint Lucia (other thanthe Court of Appeal, the High Court or a court martial) and thecourt is of opinion that the question involves a substantial
question of law, the court shall refer the question to the High
Court.

(2)

Where any question is referred to the High Court in pursuanceof this section, the High Court shall give its decision upon thequestion and the court in which the question arose shall disposeof the case in accordance with that decision or, if the decision is
the subject of an appeal to the Court of Appeal or Her Majesty
in Council, in accordance with the decision of the Court ofAppeal or, as the case may be, Her Majesty in Council.

107. APPEALS TO COURT OF APPEAL

Subject to the provisions of section 39(8), an appeal shall lie fromdecisions of the High Court to the Court of Appeal as of right in thefollowing cases—(a) final decisions in any civil or criminal proceedings onquestions as to the interpretation of this Constitution;

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(b)

(c)

final decisions given in exercise of the jurisdiction
conferred on the High Court by section 16 (which relates
to the enforcement of the fundamental rights andfreedoms); andsuch other cases as may be prescribed by Parliament.

108. APPEALS TO HER MAJESTY IN COUNCIL(1)

An appeal shall lie from decisions of the Court of Appeal to Her
Majesty in Council as of right in the following cases—(a) final decisions in any civil proceedings where the matterin dispute on the appeal to Her Majesty in Council is of
the prescribed value or upwards or where the appeal
involves directly or indirectly a claim to or question
respecting property or a right of the prescribed value or
upwards;(b) final decisions in proceedings for dissolution or nullity ofmarriage;(c) final decisions in any civil or criminal proceedings which
involve a question as to the interpretation of thisConstitution; and(d) such other cases as may be prescribed by Parliament.

(2)

An appeal shall lie from decisions of the Court of Appeal to Her
Majesty in Council with the leave of the Court of Appeal in thefollowing cases—(a) decisions in any civil proceedings where in the opinion of
the Court of Appeal the question involved in the appeal is
one that, by reason of its great general or public
importance or otherwise, ought to be submitted to Her
Majesty in Council; and(b) such other cases as may be prescribed by Parliament.

(3)

An appeal shall lie to Her Majesty in Council with the special
leave of Her Majesty from any decision of the Court of Appeal
in any civil or criminal matter.

(4)

References in this section to decisions of the Court of Appeal
shall be construed as references to decisions of the Court ofAppeal in exercise of the jurisdiction conferred by thisConstitution or any other law.

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(5)

In this section the prescribed value means the value of $1500 orsuch other value as may be prescribed by Parliament.

(6)This section shall be subject to the provisions of section 39(7).

109. INTERPRETATIONIn this Chapter references to the contravention of any provision of, or
the interpretation of, this Constitution shall be construed as includingreferences to the contravention of any provision of, or theinterpretation of, the Supreme Court Order.

CHAPTER IXPARLIAMENTARY COMMISSIONER
110. APPOINTMENT, ETC., OF COMMISSIONER(1)There shall be a Parliamentary Commissioner for Saint Lucia
who shall be an officer of Parliament and who shall not holdany other office of emolument whether in the public service orotherwise nor engage in any other occupation for reward.

(2)

The Parliamentary Commissioner shall be appointed by theGovernor General, acting after consultation with the Prime
Minister and the Leader of the Opposition, for a term notexceeding 5 years.

(3)

Before entering upon the duties of his or her office, theParliamentary Commissioner shall take and subscribe the oathof office before the Speaker.

(4)

Subject to the provisions of subsection (7) the Parliamentary
Commissioner shall vacate his or her office at the expiration of
the term for which he or she was appointed:
Provided that he or she shall vacate his or her office—(a) if he or she is appointed as a Senator or with his or her
consent he or she is nominated as a candidate for election
to the House; or(b) if he or she is appointed to any other office of emolument
or engages in any other occupation for reward.

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(5)

If the office of Parliamentary Commissioner becomes vacant,an appointment to fill the office shall be made within 90 days ofthe occurrence of the vacancy:
Provided that the House may by resolution extend that period
for further periods not exceeding in the aggregate 150 days.

(6)

A person holding the office of Parliamentary Commissioner
may be removed from office only for inability to exercise thefunctions of his or her office (whether arising from infirmity ofbody or mind or any other cause) or for misbehaviour and shallnot be so removed except in accordance with the provisions of
this section.

(7)

The Parliamentary Commissioner shall be removed from officeby the Governor General if the question of his or her removalfrom office has been referred to a tribunal appointed undersubsection (8) and the tribunal has recommended to theGovernor General that he or she ought to be removed forinability as aforesaid or for misbehaviour.

(8)

If the Governor General, acting after consultation with thePrime Minister and the Leader of the Opposition, considers thatthe question of removing the Parliamentary Commissioner
under this section ought to be investigated—(a) the Governor General shall appoint a tribunal which shallconsist of a chairperson and not less than 2 other members
selected by the Chief Justice from among persons who
hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters insome part of the Commonwealth or a court having
jurisdiction in appeals from such a court; and(b) the tribunal shall enquire into the matter and report on thefacts thereof to the Governor General and recommend tohim or her whether the Commissioner ought to be
removed under this section.

(9)

If the question of removing the Parliamentary Commissioner
has been referred to a tribunal under this section, the Governor
General, acting after consultation with the Prime Minister andthe Leader of the Opposition, may suspend the Commissioner
from the exercise of the functions of his or her office and any
such suspension may at any time be revoked by the Governor
General, acting as aforesaid, and shall in any case cease to have

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effect if the tribunal recommends to the Governor General that
the Commissioner should not be removed.
111. DEPUTY PARLIAMENTARY COMMISSIONER(1)There shall be a Deputy Parliamentary Commissioner and theprovisions of section 110 shall apply in relation to theCommissioner and his or her office as they apply in relation to
the Parliamentary Commissioner and his or her office.

(2)

The Deputy Parliamentary Commissioner shall assist theParliamentary Commissioner in the performance of thefunctions of his or her office and whenever that office is vacantor the holder of the office is for any reason unable to perform
those functions, the Deputy Parliamentary Commissioner shallperform those functions.

112. FUNCTIONS OF COMMISSIONER(1)

Subject to the provisions of this section and sections 113 and114, the principal function of the Parliamentary Commissioner
shall be to investigate any decision or recommendation made,including any advice given or recommendation made to a
Minister, or any act done or omitted by any department ofgovernment or any other authority to which this section applies,
or by officers or members of such a department or authority,
being action taken in exercise of the administrative functions ofthat department or authority.

(2)

The Parliamentary Commissioner shall be provided with a staff
adequate for the efficient discharge of his or her functions andthe offices of the members of his or her staff shall be public
offices.

(3)

The Parliamentary Commissioner may investigate any suchmatter in any of the following circumstances—(a) where a complaint is duly made to the Commissioner by
any person alleging that the complainant has sustained aninjustice as a result of a fault in administration;(b) where a Senator or a member of the House requests theCommissioner to investigate the matter on the ground thata person or body of persons specified in the request has or
may have sustained such injustice; andLaws of Saint Lucia

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(c)

(4)

in any other circumstances in which the Commissioner
considers that he or she ought to investigate the matter on
the ground that some person or body of persons has or
may have sustained such injustice.

The authorities other than departments of government to which
this section applies are—(a) local authorities or other bodies established for purposesof the public service or of local government;(b) authorities or bodies the majority of whose members areappointed by the Governor General or by a Minister orwhose revenues consist wholly or mainly of moneys
provided out of public funds;(c) any authority empowered to determine the person withwhom any contract shall be entered into by or on behalfof the Government; and(d) such other authorities as may be prescribed by Parliament.

113. RESTRICTIONS ON MATTERS FOR INVESTIGATION(1)

In investigating any matter leading to, resulting from orconnected with the decision of a Minister, the Parliamentary
Commissioner shall not inquire into or question the policy of
the Minister in accordance with which the decision was made.

(2)

The Parliamentary Commissioner shall have power toinvestigate complaints of administrative injustice under section
112 notwithstanding that such complaints raise questions as tothe integrity or corruption of the public service or any
department or office of the public service, and may investigate
any conditions resulting from, or calculated to facilitate or
encourage, corruption in the public service, but he or she shallnot undertake any investigation into specific charges ofcorruption against individuals.

(3)

Where in the course of an investigation it appears to theParliamentary Commissioner that there is evidence of any
corrupt act by any public officer or by any person in connection
with the public service, he or she shall report the matter to theappropriate authority with his or her recommendation as to any
further investigation he or she may consider proper.

(4)

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(a)

(b)
(5)

any action in respect of which the complainant has or had(i) a remedy by way of proceedings in a court of law;or(ii) a right of appeal, reference or review to or before an
independent and impartial tribunal other than acourt of law; orany such action, or action taken with respect to any
matter, as is described in schedule 3 to this Constitution.

Notwithstanding the provisions of subsection (4) the
Parliamentary Commissioner—(a) may investigate a matter notwithstanding that thecomplainant has or had a remedy by way of proceedings
in a court of law if satisfied that in the particular
circumstances it is not reasonable to expect him or her totake or to have taken such proceedings;(b) is not in any case precluded from investigating any matterby reason only that it is open to the complainant to apply
to the High Court for redress under section 16 (which
relates to the enforcement of the fundamental rights andfreedoms).

114. DISCRETION OF COMMISSIONER

In determining whether to initiate, continue or discontinue an
investigation, the Parliamentary Commissioner shall, subject to theprovisions of sections 112 and 113, act in his or her discretion and, inparticular and without prejudice to the generality of this discretion,
the Commissioner may refuse to initiate or may discontinue an
investigation where it appears to him or her that—(a) a complaint relates to action of which the complainant has
knowledge for more than 12 months before the complaint
was received by the Commissioner;(b) the subject matter of the complaint is trivial;(c) the complaint is frivolous or vexatious or is not made ingood faith; or(d) the complainant has not a sufficient interest in the subject
matter of the complaint.

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115. REPORT ON INVESTIGATION(1)

Where a complaint or request for an investigation is duly madeand the Parliamentary Commissioner decides not to investigate
the matter or where he or she decides to discontinue an
investigation of the matter, he or she shall inform the person
who made the complaint or request of the reasons for his or her
decision.

(2)

Upon the completion of an investigation the Parliamentary
Commission shall inform the department of government or theauthority concerned of the results of the investigation and if heor she is of the opinion that any person has sustained aninjustice in consequence of a fault in administration, he or she
shall inform the department of government or the authority of
the reasons for his or her opinion and make such
recommendations as he or she thinks fit.

(3)

The Parliamentary Commissioner may in his or her original
recommendations, or at any later stage if he or she thinks fit,
specify the time within which the injustice should be remedied.

(4)

Where the investigation is undertaken as a result of a complaint
or request, the Parliamentary Commissioner shall inform theperson who made the complaint or request of his or herfindings.

(5)

Where the matter is in the opinion of the Parliamentary
Commissioner of sufficient public importance or where theCommissioner has made a recommendation under subsection(2) and within the time specified by him or her no sufficientaction has been taken to remedy the injustice, then theCommissioner shall make a special report to the Senate and theHouse on the case.

(6)

The Parliamentary Commissioner shall make annual reports to
the Senate and the House on the performance of his or her
functions which shall include statistics in such form and in suchdetail as may be prescribed by law of the complaints received
by him or her and the results of his or her investigations.

116. POWER TO OBTAIN EVIDENCE(1)

The Parliamentary Commissioner shall have the powers of theHigh Court to summon witnesses to appear before him or her

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and to compel them to give evidence on oath and to produce
documents relevant to the proceedings before him or her and all
persons giving evidence at those proceedings shall have thesame duties and liabilities and enjoy the same privileges as in
the High Court.
(2)

The Parliamentary Commissioner shall have power to enter andinspect the premises of any department of government or any
authority to which section 112 applies, to call for, examine andwhere necessary retain any document kept on such premises
and there to carry out any investigation in pursuance of his or
her functions.

117. PRESCRIBED MATTERS CONCERNING COMMISSIONER(1)There shall be such provision as may be made by Parliament—(a) for regulating the procedure for the making of complaints
and requests to the Parliamentary Commissioner and forthe exercise of his or her functions;(b) for conferring such powers on the Commissioner andimposing duties on persons in connection with the due
performance of his or her functions; and(c) generally for facilitating the performance by theCommissioner of his or her functions.

(2)

The Parliamentary Commissioner may not be empowered tosummon a Minister or a Parliamentary Secretary to appear
before him or her or to compel a Minister or a Parliamentary
Secretary to answer any questions relating to any matter underinvestigation by the Commissioner.

(3)

The Parliamentary Commissioner may not be empowered tosummon any witness to produce any Cabinet papers or to giveany confidential income tax information.

(4)

No complainant may be required to pay any fee in respect of hisor her complaint or request or for any investigation to be madeby the Parliamentary Commissioner.

(5)

No proceedings, civil or criminal, may lie against theParliamentary Commissioner, or against any person holding an
office or appointment under him or her, for anything he or she
may do or report or say in the course of the exercise or intended

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exercise of the functions of the Commissioner under thisConstitution, unless it is shown that he or she acted in bad faith.
(6)

The Parliamentary Commissioner, and any person holding
office or appointment under him or her, may not be called togive evidence in any court of law, or in any proceedings of a
judicial nature, in respect of anything coming to his or her
knowledge in the exercise of his or her functions.

(7)

Anything said or any information supplied or any document,
paper, or thing produced by any person in the course of any
enquiry by or proceedings before the Parliamentary
Commissioner under this Constitution shall be privileged in thesame manner as if the enquiry or proceedings were proceedings
in a court of law.

(8)

No proceedings of the Parliamentary Commissioner may beheld bad for want of form, and, except on the ground of lack ofjurisdiction, no proceeding or decision of the Commissioner
shall be liable to be challenged, reviewed, quashed or called inquestion in any court of law.

CHAPTER XMISCELLANEOUS
118. THE INTEGRITY COMMISSION(1)

There shall be an Integrity Commission for Saint Lucia(hereinafter in this section referred to as the Commission)
which shall consist of a chairperson and not less than 2 nor
more than 4 other members, who shall be appointed by theGovernor General, acting in accordance with the advice of thePrime Minister:
Provided that the Prime Minister shall consult the Leader of the
Opposition before tendering any advice to the Governor
General for the purposes of this subsection.

(2)

A person shall not be qualified to be appointed as a member of
the Commission if—(a) he or she is a Senator or a member of the House;120Cap. 1.01

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he or she is, or has at any time during the 3 years
preceding his or her appointment been, a judge of theSupreme Court or a public officer.

(3)

A member of the Commission shall not, within the period of 3
years commencing with the day on which he or she last held or
acted in the office of member of the Commission, be eligible
for appointment to or to act in any public office.

(4)

Subject to the provisions of this section, the office of a memberof the Commission shall become vacant—(a) at the expiration of 3 years from the date of his or her
appointment or(b) if any circumstances arise that, if he or she were not amember of the Commission, would cause him or her to bedisqualified to be appointed as such under subsection (2).

(5)

A member of the Commission may be removed from office
only for inability to exercise the functions of his or her office(whether arising from infirmity of body or mind or any othercause) or for misbehaviour and shall not be so removed except
in accordance with the provisions of this section.

(6)

A member of the Commission shall be removed from office by
the Governor General if the question of his or her removal fromoffice has been referred to a tribunal appointed under subsection(7) and the tribunal has recommended to the Governor Generalthat he or she ought to be removed from office for inability as
aforesaid or for misbehaviour.

(7)

If the Prime Minister represents to the Governor General thatthe question of removing a member of the Commission under
this section ought to be investigated, then—(a) the Governor General shall appoint a tribunal which shallconsist of a chairperson and not less than 2 othermembers, selected by the Chief Justice from among
persons who hold or have held office as a judge of a court
having unlimited jurisdiction in civil and criminal mattersin some part of the Commonwealth or a court having
jurisdiction in appeals from such a court; and(b) the tribunal shall enquire into the matter and report on thefacts thereof to the Governor General and recommend tohim or her whether the member ought to be removed
under this section.

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If the question of removing a member of the Commission has
been referred to a tribunal under this section, the Governor
General, acting in accordance with the advice of the Prime
Minister, may suspend that member from the exercise of thefunctions of his or her office and any such suspension may at
any time be revoked by the Governor General, acting inaccordance with such advice as aforesaid, and shall in any casecease to have effect if the tribunal recommends to the Governor
General that that member should not be removed.

(9)

If the office of chairperson of the Commission is vacant or if
the holder of that office is for any reason unable to exercise thefunctions of his or her office, then, until a person has been
appointed to and has assumed the functions of that office or
until the person holding that office has resumed those functions,as the case may be, they shall be exercised by such othermember of the Commission as may be designated by theGovernor General, acting in accordance with the advice of thePrime Minister.

(10) If at any time there are less than 2 members of the Commission
besides the chairperson or if any such member is acting aschairperson or is for any reason unable to exercise the functionsof his or her office, the Governor General, acting in accordancewith the advice of the Prime Minister, may appoint a person
who is qualified to be appointed as a member of theCommission to act as a member, and any person so appointed
shall, subject to the provisions of subsection (4), continue to act
until the office in which he or she is acting has been filled or, as
the case may be, until the holder thereof has resumed his or her
functions or until his or her appointment to act has been
revoked by the Governor General, acting in accordance with theadvice of the Prime Minister.
(11) A member of the Commission shall not enter upon the duties of
his or her office until he or she has taken and subscribed theoath of allegiance and the oath of office.
(12) The Commission shall, in the exercise of its functions under
this Constitution, not be subject to the direction or control of
any other person or authority.
(13) The Commission may by regulation or otherwise regulate its
own procedure and, with the consent of the Prime Minister,
may confer powers or impose duties on any public officer or on

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any authority of the Government for the purpose of the exercise
of its functions.
(14) The Commission may, subject to its rules of procedure, act
notwithstanding any vacancy in its membership or the absenceof any member and its proceedings shall not be invalidated by
the presence or participation of any person not entitled to bepresent at or to participate in those proceedings:
Provided that any decision of the Commission shall require theconcurrence of a majority of all its members.
119. DECLARATION OF ASSETS(1)The Integrity Commission shall obtain declarations in writingfrom time to time of their assets, liabilities and income from
Senators and members of the House (including Ministers andParliamentary Secretaries) and from the holders of such otheroffices as Parliament may prescribe.

(2)

There shall be such provision as may be made by Parliament inrelation to the due performance by the Commission of its
functions under this section, including its powers, privileges,
immunities and procedure and the security and confidentialityof the information it receives.

120. SUPREME LAWThis Constitution is the supreme law of Saint Lucia and, subject tothe provisions of section 41, if any other law is inconsistent with thisConstitution, this Constitution shall prevail and the other law shall, tothe extent of the inconsistency, be void.
121. FUNCTIONS OF GOVERNOR GENERAL(1)

Any reference in this Constitution to the functions of theGovernor General shall be construed as a reference to his or her
powers and duties in the exercise of the executive authority ofSaint Lucia and to any other powers and duties conferred or
imposed on him or her as Governor General by or under thisConstitution or any other law.

(2)

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authority he or she shall not be obliged to exercise that functionin accordance with the advice of that person or authority.
(3)

Where by this Constitution the Governor General is required toperform any function in accordance with the advice of, or after
consultation with, any person or authority, the question whether
the Governor General has so exercised that function shall not beenquired into in any court of law.

122. RESIGNATIONS(1)

A Senator or a member of the House may resign his or her seatby writing under his or her hand addressed to the President or
the Speaker, as the case may be, and the resignation shall takeeffect, and the seat shall accordingly become vacant, when thewriting is received, as the case may be, by—(a) the President or Speaker;(b) if the office of President or Speaker is vacant or the
President or Speaker is for any reason unable to performthe functions of his or her office and no other person is
performing them, the Deputy President or Deputy
Speaker; or(c) if the office of Deputy President or Deputy Speaker isvacant or the Deputy President or Deputy Speaker is forany reason unable to perform the functions of his or her
office and no other person is performing them, the Clerkof the Senate or Clerk of the House.

(2)

The President or the Deputy President or the Speaker or the
Deputy Speaker may resign his or her office by writing under
his or her hand addressed to the Senate or the House, as the casemay be, and the resignation shall take effect, and the office shallaccordingly become vacant, when the writing is received, as thecase may be, by the Clerk of the Senate or Clerk of the House.

(3)

Any person who has been appointed to an office established bythis Constitution (other than an office to which subsection (1) or(2) applies) or any office of Minister established under thisConstitution may resign that office by writing under his or her
hand addressed to the person or authority by whom he or she
was appointed and the resignation shall take effect, and theoffice shall accordingly become vacant—124

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(a)
(b)

at such time or on such date (if any) as may be specified
in the writing; orwhen the writing is received by the person or authority towhom it is addressed or by such other person as may be
authorised to receive it, whichever is the later:

Provided that the resignation may be withdrawn before it takes
effect if the person or authority to whom the resignation isaddressed consents to its withdrawal.
123. RE-APPOINTMENT AND CONCURRENT APPOINTMENTS(1)

Where any person has vacated any office established by thisConstitution or any office of Minister established under thisConstitution, he or she may, if qualified, again be appointed orelected to hold that office in accordance with the provisions of
this Constitution.

(2)

Where this Constitution vests in any person or authority thepower to make any appointment to any office, a person may be
appointed to that office, notwithstanding that some other person
may be holding that office, when that other person is on leaveof absence pending the relinquishment of the office; and where
2 or more persons are holding the same office by reason of an
appointment made in pursuance of this subsection, then, for the
purposes of any function conferred upon the holder of that
office, the person last appointed shall be deemed to be the soleholder of the office.

124. INTERPRETATION(1)

In this Constitution, unless the context otherwise requires—“citizen” means a citizen of Saint Lucia and “citizenship” shallbe construed accordingly;“Commonwealth citizen” has such meaning as Parliament may
prescribe;“dollars” means dollars in the currency of Saint Lucia;“financial year” means any period of 12 months beginning on
1 January in any year or such other date as may beprescribed by law;Laws of Saint Lucia

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“the Government” means the Government of Saint Lucia;“the House” means the House of Assembly;“law” means any law in force in Saint Lucia or any part thereof,
including any instrument having the force of law and any
unwritten rule of law and “lawful” and “lawfully” shall be
construed accordingly;“Minister” means a Minister of the Government and includes atemporary Minister;“Parliament” means the Parliament of Saint Lucia;“oath” includes affirmation;“oath of allegiance” means such oath of allegiance as may beprescribed by law;“oath of office” means, in relation to any office, such oath forthe due execution of that office as may be prescribed bylaw;“oath of secrecy” means such oath of secrecy as may beprescribed by law;“the Police Force” means the Royal Saint Lucia Police Forceand includes any other police force established to succeed
to the functions of the Royal Saint Lucia Police Force;“President” and “Deputy President” mean the respective
persons holding office as President and Deputy Presidentof the Senate;“public office” means any office of emolument in the public
service;“public officer” means a person holding or acting in any public
office;“the public service” means, subject to the provisions of thissection, the service in a civil capacity of the Government;“session” means, in relation to the Senate or the House, theperiod beginning when it first meets after Parliament has
at any time been prorogued or dissolved and ending when
Parliament is prorogued or when Parliament is dissolved
without having been prorogued;

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“sitting” means, in relation to the Senate or the House, theperiod during which it is sitting continuously without
adjournment and includes any period during which it is incommittee;“Speaker” and “Deputy Speaker” means the respective persons
holding office as Speaker and Deputy Speaker of theHouse.
(2)

In this Constitution references to an office in the public service
shall not be construed as including—(a) references to the office of the President or Deputy
President, the Speaker or Deputy Speaker, the Prime
Minister or any other Minister, a Senator, a Parliamentary
Secretary or a member of the House, the Parliamentary
CommissionerortheDeputyParliamentary
Commissioner;(b) references to the office of a member of any Commission
established by this Constitution or a member of theAdvisory Committee on the Prerogative of Mercy or amember of the Public Service Board of Appeal;(c) references to the office of judge or officer of the Supreme
Court;(d) save in so far as may be provided by Parliament,
references to the office of a member of any other council,
board, panel, committee or other similar body (whether
incorporated or not) established by or under any law.

(3)

In this Constitution—(a) references to the Supreme Court Order include references
to any law in force in Saint Lucia altering that Order;(b) references to the Supreme Court, the Court of Appeal, theHigh Court and the Judicial and Legal Services
Commission are references to the Supreme Court, theCourt of Appeal, the High Court and the Judicial andLegal Services Commission established by the Supreme
Court Order;(c) references to the Chief Justice have the same meaning as
in the Supreme Court Order;(d) references to a judge of the Supreme Court are references
to a judge of the High Court or the Court of Appeal and,

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(e)unless the context otherwise requires, include references
to a judge of the former Supreme Court of the Windward
Islands and Leeward Islands; andreferences to officers of the Supreme Court are references
to the Chief Registrar and other officers of the Supreme
Court appointed under the Supreme Court Order.

(4)

In this Constitution “the specified qualifications” means theprofessional qualifications specified by or under any law, one ofwhich must be held by any person before he or she may apply
under that law to be admitted to practice as a barrister or asolicitor in Saint Lucia.

(5)

For the purposes of this Constitution, a person shall not be
regarded as holding an office by reason only of the fact that heor she is in receipt of a pension or other like allowance.

(6)

In this Constitution, unless the context otherwise requires, areference to the holder of an office by the term designating his
or her office shall be construed as including, to the extent of hisor her authority, a reference to any person authorised to exercise
the functions of that office.

(7)

Except in the case where this Constitution provides for theholder of any office thereunder to be such person holding or
acting in any other office as may be designated in that behalf bysome other specified person or authority, no person may,without his or her consent, be nominated for election to any
such office or be appointed to or to act therein or otherwise be
selected therefor.

(8)

References in this Constitution to the power to remove a public
officer from his or her office shall be construed as includingreferences to any power conferred by any law to require or
permit that officer to retire from the public service:
Provided that—(a) nothing in this subsection shall be construed as conferringon any person or authority the power to require the
Director of Public Prosecutions, the Director of Audit or
the Chief Elections Officer to retire from the public
service; and(b) any power conferred by any law to permit a person to
retire from the public service shall, in the case of any

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public officer who may be removed from office by someperson or authority other than a Commission establishedby this Constitution, vest in the Public Service
Commission.
(9)

Any provision in this Constitution that vests in any person or
authority the power to remove any public officer from his or her
office shall be without prejudice to the power of any person or
authority to abolish any office or to any law providing for thecompulsory retirement of public officers generally or any classof public officer on attaining an age specified by or under thelaw.

(10) Where this Constitution vests in any person or authority thepower to appoint any person to act in or to exercise thefunctions of any office if the holder thereof is himself or herself
unable to exercise those functions, no such appointment shall becalled in question on the grounds that the holder of the office
was not unable to exercise those functions.
(11) No provision of this Constitution that any person or authority
shall not be subject to the direction or control of any otherperson or authority in the exercise of any functions under thisConstitution shall be construed as precluding a court of law
from exercising jurisdiction in relation to any question whether
that person or authority has exercised those functions inaccordance with this Constitution or any other law.
(12) Without prejudice to the provisions of section 32(3) of theInterpretation Act 1889 of the United Kingdom (as applied bysubsection (14)), where any power is conferred by thisConstitution to make any order, regulation or rule or give any
direction or make any designation, the power shall be construed
as including the power, exercisable in like manner and subject
to the like conditions, if any, to amend or revoke any suchorder, regulation, rule, direction, or designation.
(13) In this Constitution references to altering this Constitution or
any other law, or any provision thereof, include references—(a) to revoking it, with or without re-enactment thereof or the
making of different provision in lieu thereof;(b) to modifying it whether by omitting or amending any of
its provisions or inserting additional provisions in it orotherwise; andLaws of Saint Lucia

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to suspending its operation for any period or terminating
any such suspension.

(14) The Interpretation Act 1889 of the United Kingdom shall apply,with the necessary adaptations, for the purpose of interpreting
this Constitution and otherwise in relation thereto as it applies
for the purpose of interpreting and in relation to Acts of the
Parliament of the United Kingdom.

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SCHEDULE 1 TO THE CONSTITUTION(Section 41)
ALTERATION OF CONSTITUTION AND SUPREME COURT ORDER

PART IPROVISIONS OF CONSTITUTION REFERRED TO IN SECTION
41(2)(i) Chapter I;(ii) sections 19, 20 and 59;(iii) sections 23, 24, 30, 33, 37, 39, 40, 47, 48, 49, 50, 51, 54, 55, 56,
57, 58 and 73;(iv) Chapter V;(v) sections 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 97 and 98;(vi) Chapter VIII;(vii) Chapter IX;(viii) section 124 in its application to any of the provisions mentioned inthis Schedule; or(ix) Schedule 2.

PART IIPROVISIONS OF THE SUPREME COURT ORDER REFERREDTO IN SECTION 41(2)Sections 4, 5, 6, 8, 11, 18 and 19.

SCHEDULE 2 TO THE CONSTITUTION(Section 58)
RULES CONCERNING CONSTITUENCIESAll constituencies shall contain as nearly equal numbers of
inhabitants as appears to the Constituency Boundaries
Commission to be reasonably practicable but the Commission
may depart from this principle to such extent as it considers

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expedient to take account of the following factors, that is tosay—(a) the density of population, and in particular the need toensure the adequate representation of sparsely populatedrural areas;(b) the means of communication;(c) geographical features; and(d) the boundaries of administrative areas.

SCHEDULE 3 TO THE CONSTITUTION(Section 113)
MATTERS NOT SUBJECT TO INVESTIGATION BY
PARLIAMENTARY COMMISSIONER
1.

Action taken in matters certified by the Attorney General toaffect relations or dealings between the Government and theGovernment of any country or territory other than Saint Luciaor any international organisation.

2.

Action taken in any country or territory outside Saint Lucia byor on behalf of any officer representing or acting under theauthority of the Government.

3.

Action taken under any law relating to extradition or fugitive
offenders.

4.

Action taken for the purposes of investigating crime or ofprotecting the security of Saint Lucia.

5.

The commencement or conduct of civil or criminal proceedings
before any court of law having jurisdiction in Saint Lucia or
before any international court or tribunal.

6.

Any exercise of the prerogative of mercy.

7.

Action taken in matters relating to contractual or othercommercial transactions, being transactions of a department ofgovernment or an authority to which section 112 applies but not
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(a)
(b)

the acquisition of land compulsorily or in circumstancesin which it could be acquired compulsorily;
the disposal as surplus of land acquired compulsorily or incircumstances in which it could have been acquired
compulsorily.

8.

Action taken in respect of appointments or removals, pay,
discipline, superannuation or other personnel matters in relation
to service in any office or employment in the public service orunder any authority as may be prescribed by law.

9.

Any matter relating to any person who is or was a member of
the armed forces of Saint Lucia in so far as the matter relates
to—(a) the terms and conditions of his or her service as such; or(b) any order, command, penalty or punishment given to oraffecting him or her in his or her capacity as such.

10.

Any action which by virtue of any provision of this Constitution
may not be enquired into by any court of law.

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HOUSE OF ASSEMBLY REVIEW OF CONSTITUENCY
BOUNDARIES ORDER – SECTION 58(Statutory Instrument 39/1973)

Commencement [30 November 1973]
WHEREAS under subsection 2 of the Constitution provision ismade for the appointment of a Standing Committee of theHouse (hereinafter referred to as the Committee) for the
purpose of keeping under review—(a) the number of constituencies into which Saint Lucia is
divided; and(b) the boundaries of such constituencies:
AND WHEREAS under subsection 4 of section 49 of theConstitution the Committee is further charged with the
responsibility of submitting to the House a report of its
recommendations:
AND WHEREAS in accordance with subsection (4) of section 49of the Constitution the Committee on 9 November 1973
submitted to the House a report in which it recommends thatSaint Lucia be divided into 17 constituencies, the boundaries ofwhich are delineated in the Schedule of the said Report:
AND WHEREAS it is Provided by subsection (7) of section 49 of
the Constitution that as soon as practicable after the submissionof any report the Minister shall lay before the House for its
approval a draft of an Order to be made by the Governor forgiving effect to the Report whether with or without
modifications to the recommendations contained in the report:
AND WHEREAS a draft of this Order giving effect torecommendations contained in the report of the Committee waslaid before the House for its approval by the Minister
designated for this purpose on 30 November 1973 and wasapproved by resolution of the House on 30 November 1973:134

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1.

SHORT TITLE

This Order may be cited as the House of Assembly (Review ofConstituency Boundaries) Order.
2.

NUMBER OF CONSTITUENCIESSaint Lucia is hereby divided into 17 constituencies; the boundaries
whereof are defined in the Schedule to this Order.
3.

APPLICATION OF ORDER

An electoral district as provided for by section 3 of the House of
Assembly Elections Act shall mean a constituency as defined in thisOrder.

SCHEDULEELECTORAL DISTRICTS
GROS-ISLET NORTH
EAST:

Commencing at Casimi Point and thence in a northerly andwesterly direction along the east coast to point Hardy.

NORTH:

Thence in a westerly direction along the coast to Cap point.

WEST:

Thence in a southerly direction along the coast and including“Pigeon Point” to a point on Choc Beach.

SOUTH:

Thence in an easterly direction along the Castries—Gros-Islet
Highway to its junction with the Union Road thence along theUnion Road to the Union Bridge, thence along the Grand
Riviere Road to the eastern end of the straight and thence by astraight line to the most western bend of Mornier Road. Thence
in an easterly direction along the Mornier Road to its mosteasterly bend and thence by a straight line to the point ofcommencement.
GROS-ISLET SOUTHNORTH:

Commencing at Casimi Point thence by a straight line to theLaws of Saint Lucia

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most eastern bend of Monier Road. Thence in a westerly
direction along Monier road to its most western bend, andthence by a straight line to the eastern end of the straight of theGrand Riviere Road thence to the Union Bridge and thencealong the Union Road to its junction with the Castries—GrosIslet Highway and thence in a westerly direction along theCastries—Gros-Islet Highway to Choc Beach.
WEST:

Thence in a southerly direction along Choc Beach and Vigie
Beach to the mouth of La Clery Ravine.

SOUTH:

Thence along Ravine La Clery to its source, thence by a straightline to the junction of the Morne Dudon—Balata and BocageMorne Dudon Roads, thence along the Morne Dudon—Balata
Roads to the Girard River Bridge, thence in a south-easterly
direction along the Girard River and Ravine Fontellio to thejunction of Girard, Fond Cannie and Fond Assau Roads, thence
by a straight line on a south-easterly direction to Piton Flore,
thence in an easterly direction along the Dauphin—Dennery
quarter boundary to the mouth of Louvet River.

EAST:

Thence in a northerly direction along the coast to the point ofcommencement.
CASTRIES NORTH EASTNORTH:

Commencing at the mouth of Ravine La Clery thence in awesterly direction along the coast to point 51 on Vigie
Peninsular.

WEST:

Thence in a southerly direction to D’Estress Point.

SOUTH:

Thence in a south-easterly direction along the said Vigie
Peninsular and Trou Garnier to a point at the seashore and on thewestern prolongation of the southern boundary of “Sans Soucis
Development”, thence in an easterly direction along the saidboundary and its prolongation to a point at the eastern edge ofCalvary Road, thence in a southerly direction along the said roadto the bridge and thence in an easterly direction along Canal dela Pansee to a point on the right bank of the said Canal and at a
distance of 160 French feet from the Chaussee.

WEST:

Thence in a south-westerly direction along a line runningparallel to the Chaussee and at a distance of 160 French feet

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from the said Chaussee to a point on Leslie Land Road.
SOUTH:

Thence in a south-easterly direction along the said Leslie Land
Road and Girard Road to the Bocage—Morne Dudon Road.

EAST:

Thence along the said Bocage—Morne Dudon Road to its
junction with the Morne Dudon—Balata Road, thence by astraight line to the source of Ravine La Clery and thence along
the said Ravine La Clery to the point of commencement.
CASTRIES EAST

WEST:

Commencing at a point on the southern side of the Bridge over
the Castries River at the prolongation of Manoel Street thence ina southerly direction along the eastern side of the link roadleading from Morne Road, thence in a southerly and westerly
direction along the eastern side of the said Morne Road to
Combomere Road and thence in a south-westerly direction along
the said Combomere Road to Red Tape Lane.

SOUTH:

Thence in an easterly direction along the northern side of thesaid Red Tape Lane to the eastern side of Roberts Roads thence
in a south-easterly direction along the said road to Victoria Road
thence in an easterly direction along the northern side of the said
Victoria Road and Guesneau Road to the Fond Cannie Road andthence in a north-easterly direction along the western side of theFond Cannie Road to the junction of the Fond Cannie, Fond
Assau and Babonneau Road.

NORTH:

Thence by a straight line in a north-westerly direction to thesource of Ravine Fontellio, thence along the said Ravine and theGirard River to the bridge on the Morne Dudon—Balata Road
and thence in a westerly direction along the said road to theMorne Dudon—Bocage Road.

WEST:

Thence along the said road to Girard Road.

NORTH:

Thence in a north-westerly direction along the Girard and Leslie
Land Roads to a point lying on a line running parallel to theChaussee and 160 French feet therefrom.

WEST:

Thence in a south-westerly direction along the said line to the
Marchand Bridge.

NORTH:

Thence along the northern side of the Castries River to the pointof commencement.

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CASTRIES CENTRALNORTH:

Commencing at a point on the right bank of Canal de La Pansee
and at a distance of 160 French feet from the Chaussee thence ina westerly direction along the said Canal to the bridge, thence ina north-westerly direction along the western edge of Calvary
Road to a point on the eastern prolongation of the southernboundary of “Sans Soucis Development” and thence along thesaid prolongation and the southern boundary of “Sans Soucis
Development” to a point at the seashore.

WEST:

Thence along the Reclamation Wharf to the mouth of the Parris
Drain and thence along the shore and the public Wharves to themouth of the Castries River.

SOUTH:

Thence along the said River to the Marchand Bridge.

EAST:

Thence in a north-easterly direction along a line running parallelto the Chaussee and at a distance of 160 French feet therefrom tothe point of commencement.
CASTRIES SOUTHNORTH:

Beginning at the Bridge over the Castries River on the
prolongation of Manoel Street then westerly along the Castries
River to the river mouth thence north-westerly along the coast to
Tapion Point.

WEST:

Thence southerly along the coast to the mouth of the Roseau
River.

SOUTH:

Thence westerly along the Roseau River to Roseau Bridge.

EAST:

Thence north-easterly along the main road from Roseau toCastries back to the point of beginning.
ANSE-LA-RAYE/CANARIES

WEST:

Beginning at a point being the intersection of the southern bankof the Roseau River with Roseau Bay thence in a south-westerly
direction along the coast to the mouth of the Mahaut River.

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SOUTH, EAST & NORTH: Thence in an easterly direction along the MahautRiver thence easterly across the Canaries—Soufriere main roadand the Ravine Duval Road to the Anse-la-Raye Quarter
Boundary thence along the various courses of the said Anse-laRaye Quarter Boundary back to the point of commencement.
SOUFRIERE
WEST:

Beginning at the mouth of the Mahaut River thence along thecoast in a southerly direction to the mouth of the L’Ivrogne
River.

SOUTH:

Thence in a north-easterly direction along the Soufriere—
Choiseul quarter boundary to its intersection with the Union
Vale-St. Remy Road thence northerly along the St. Remy Road
to its junction with the Choiseul—Soufriere main road thence
easterly along the Choiseul—Soufriere main road to its junction
with the Morne Bonin—Fond St. Jacques Road.

EAST:

Thence northerly along the Morne Bonin—Fond St. JacquesRoad to the junction of Bois D’Inde Road and Morne Bonin—
Fond St. Jacques Road, thence along Bois D’Inde Road to its
terminus, thence north-westerly along a track passing west of
Esperance Estate to Migney River, thence northward along
Migney River to its intersection with the Fond St. Jacques—La
Perle Road to its intersection with Ravine Toraille, thence northeasterly along Ravine Toraille to its source thence in a straightline to the intersection of Ravine Desraches with the Soufriere—
Anse-la-Raye quarter boundary thence along the said quarterboundary to a point where the Canaries River joins to the said
quarter boundary.

NORTH:

Thence westerly along the said quarter boundary to theintersection of Ravine Claire with the Canaries River thence
westerly across the Ravine Duval Road and the Canaries—
Soufriere main road to the source of the Mahaut River thence
westerly along the Mahaut River to the point of beginning.
CHOISEUL

SOUTH:

Commencing at the mouth of the L’Ivrogne River thence in asouth-easterly direction along the coast of the mouth of theLaws of Saint Lucia

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Doree River.
EAST:

Thence in a north-easterly direction along the Doree River to apart where it leaves the Choiseul—Laborie quarter boundary
thence north-westerly and north-easterly along the Choiseul—
Vieux-Fort quarter boundary thence south-easterly along theVieux-Fort-Soufriere quarter boundary to its intersection with
the Micoud quarter boundary thence north-easterly and northwesterly along the Soufriere quarter boundary to its intersection
with the Roseau River.

NORTH:

Thence south-westerly and north-westerly along the Soufriere
quarter boundary to its intersection with Ravine Desraches.

WEST:

Thence south-westerly in a straight line to the source of Ravine
Toraille, thence south-westerly along Ravine Toraille to its
intersection with the Fond St. Jacques—Morne Bonin Road,
thence southward along the Migney River to a track, thencealong the track passing west of Esperance Estate to Bois D’Inderoad, thence along Bois D’Inde road to the junction of Bois
D’Inde Road and Etang—Fond St. Jacques road; thence
westerly along the Soufriere—Choiseul main road to its
intersection with the St. Remy—Union Vale Road thence
southerly along the St. Remy Road to its intersection with theSoufriere—Choiseul quarter boundary thence south-westerly
along the said quarter boundary to the point of commencement.
LABORIENORTH:

Commencing at the junction of the Micoud—Vieux-Fort quarterboundary thence north-westerly along the Choiseul—Vieux-Fort
quarter boundary to the junction of Choiseul—Laborie quarterboundary.

WEST:

Thence in a south-westerly direction along the Choiseul—
Laborie quarter boundary to the mouth of Doree River.

SOUTH:

Thence south-easterly along the coast to the mouth of the BlackBay River.

EAST:

Thence along Ravine Languedoc to its source thence in a northeasterly direction by a straight line to the second bend of Ravine
Rozette north St. Jude’s Hospital thence in a northerly direction
along Ravine Rozette to its source, thence north-easterly by astraight line the Grace Belle Vue Road junction, thence in a

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north-westerly and northerly direction to the most north-easterly
point on the Grace Woodlands Roads thence in a north-westerly
direction to and along the Grande Riviere du Vieux-Fort to thepoint of commencement.
VIEUX-FORT SOUTHNORTH:

Commencing at the mouth of the St. Urbain River thence along
the said River to the St. Urbain Bridge, thence along theMicoud—Vieux-Fort Road to the junction of the old Micoud—
Vieux-Fort Road and the Beane Field Road thence in an easterly
direction by a straight line to the intersection of Ravine Rozette
and Resource Road, thence northward along Ravine Rozette andResource Road, thence northward along Ravine Rozette to thesecond bend of the Ravine north of St. Jude’s Hospital thence ina westerly direction by a straight line to the source of Ravine
Languedoc.

WEST:

Thence southward along Ravine Languedoc to the mouth.

SOUTH & EAST: Thence along the coast to the point of commencement.
VIEUX-FORT NORTHNORTH:

Commencing at the mouth of the Canelles River thence along
the said River to its intersection with the Vieux-Fort—Micoud
quarter boundary, thence in a north-westerly direction along thesaid quarter boundary to the junction of Soufriere—Micoud
quarter boundary.

WEST:

Thence southward by straight line to the source of the Grande
Riviere Du Vieux-Fort, thence along the said River toWoodlands thence south and along the Grace—Woodlands
Road in a southerly direction to the junction of Grace—Belle
Vue Road, thence south-westerly by a straight line to the sourceof Ravine Rozette, thence along the said Ravine Rozette to its
intersection with the Resource Road.

SOUTH:

Thence easterly by a straight line to the junction of the Beane
Field Road and the old Micoud—Vieux-Fort Road, thence along
the Micoud—Vieux-Fort Road in a north-easterly direction to
the St. Urbain Bridge thence in a south-easterly direction along
Ravine St. Urbain to the coast.

EAST:

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commencement.
MICOUD SOUTHNORTH:

Beginning at the mouth of the Riviere des Trois Islets thence
westerly along the said Riviere des Trois Islets to its source
thence south westerly to the intersection of the Praslin River
with the first of its southern tributaries thence north-westerly
along the said Praslin River to its source thence northerly by theshortest distance to the Dennery Praslin quarter boundary.

WEST:

Thence south westerly along the Dennery—Praslin quarterboundary to the intersection of the Dennery—Praslin andCastries quarter boundaries thence south-westerly along theCastries—Praslin quarter boundary to the intersection of theCastries—Soufriere—Praslin quarter boundaries thence southeasterly along the Soufriere—Micoud quarter boundary to its
intersection with the Troumassee River.

SOUTH:

Thence south-easterly along the Troumassee River to the Coast.

EAST:

Thence in a northerly direction along the coast back to the pointof beginning.
MICOUD NORTHNORTH:

Beginning at the mouth of the Louvet River being the northeastern corner of the Dennery quarter boundary thence in awesterly direction along the said Dennery quarter boundary to
Piton Flore.

WEST:

Thence in a south-westerly direction along the said Dennery
quarter boundary to its most southerly point.

SOUTH:

Thence in a north-easterly direction along the said Dennery
quarter boundary to a point being the shortest distance to thesource of the Praslin River thence south-easterly along the said
Praslin River to its intersection with the last of its southern
tributaries thence westerly to the source of Riviere des Trois
Islets thence easterly along the said Riviere des Trois Islets to
the river mouth.

EAST:

Thence northerly along the coast back to the point of beginning.
DENNERY SOUTH

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NORTH:

Commencing at the mouth of the Grande Riviere DuMabouya
thence along the said River to its second tributary (counting
westward from the sea), thence along the said tributary to its
source thence in a southerly direction by a straight line to
Glavier thence in a westerly direction along the Bois Joly Road
to its terminus thence by a straight line to the most eastern bendof the St. Joseph Road, thence in a south-westerly direction
along the said St. Joseph Road to the next prominent bend
thence by a straight line in a westerly direction to Mount La
Combe.

WEST:

Thence along Barre D’Isle Ridge in a southerly direction to thejunction of the Dennery—Praslin quarter boundary.

SOUTH:

Thence along the said quarter boundary to the source of thePraslin River thence along the said Praslin River to its mouth.

EAST:

Thence in a northerly direction along the coast to the point ofcommencement.
DENNERY NORTHNORTH:

Commencing at a point on the mouth of the Louvet River thencealong the Louvet River and the Dennery—Dauphin quarterboundary to Piton Flore.

WEST:

Thence in a southerly direction along the Barre D’Isle Bridge to
Mount La Combe.

SOUTH:

Thence by a straight line in an easterly direction to the mostwestern bend of the St. Joseph Road, thence in a north-easterly
direction along the St. Joseph Road to the next prominent bend
thence in an easterly direction along a straight line to theterminus of the Bois Jolly Road, thence along Bois Jolly Road to
Glavier, thence by a straight line in a northerly direction to thesource of the second tributary of the Grand Riviere DuMabouya
to its mouth.

EAST:

Thence in a northerly direction along the coast to the point ofcommencement.
CASTRIES SOUTH EASTNORTH:

Commencing at a point on Piton Flore thence along theLaws of Saint Lucia

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Forrestiere—Derriere Fort Road to its intersection with the Main
Road from Castries to Roseau.
WEST:

Thence south-westerly along the Castries—Roseau Main Road
to its intersection with the Roseau River, thence south-easterly
along the Roseau River to its intersection with the Soufriere andAnse-la-Raye quarter boundary.

SOUTH:

Thence south-easterly along the Soufriere—Castries quarterboundary to the Castries—Praslin quarter boundary.

EAST:

Thence along the Barre De L’Isle Ridge to the point ofcommencement.

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HOUSE OF ASSEMBLY (REVIEW OF CONSTITUENCY
BOUNDARY) ORDER – SECTION 58(Statutory Instrument 9/1987)

Commencement [11 March 1987]
WHEREAS under section 58(1) of the Saint Lucia Constitution
Order 1978 of the United Kingdom it is provided inter alia that
the Constituency Boundaries Commission (hereinafter referred
to as the Commission) shall review the number and boundariesof the constituencies into which Saint Lucia is divided;
AND WHEREAS under the said subsection the Commission isfurther charged with the responsibility of submitting to theGovernor General a report of its recommendations;
AND WHEREAS it is provided by section 58(3) of theConstitution that as soon as practicable after the submission of areport by the Commission the Governor General shall make adraft Order for giving effect, whether with or without
modifications, to the recommendations contained in the report;
AND WHEREAS a draft of this Order giving effect to therecommendations contained in the report of the Committee waslaid before the House for its approval by the Minister
designated for this purpose on 3 February 1987 and wasapproved by resolution of the House on 3 February 1987;
1.

SHORT TITLE

This Order may be cited as the House of Assembly (Review ofConstituency Boundary) Order 1987.
2.

REVIEW OF CONSTITUENCY BOUNDARIESThe boundaries of the electoral districts of “Soufriere”, “Choiseul Fond St. Jacques”, and “Laborie - Saltibus” have been reviewed andthe boundaries defined in the Schedule are substituted therefor.

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SCHEDULEELECTORAL DISTRICTS
SOUFRIERE
West:

Commencing at the mouth of the Mahaut River, thence along
the coast in a southerly direction to the mouth of the L’IvrongeRiver.

South:

Thence in a north-easterly direction along the said river to its
intersection with the Union Vale — St. Remy Road, thencealong the said road to its junction with the Choiseul — Soufrieremain road and thence along the said main road to the Etangs —Fond St. Jacques Road.

East:

Thence north-easterly and south-easterly along the Etangs —Beausejour Road to its intersection with the Soufriere —Choiseul quarter boundary, thence in a north-easterly direction
along the said Soufriere — Choiseul quarter boundary to its
intersection with the Choiseul — Vieux-Fort quarter boundary,thence south-easterly along the Soufriere — Vieux-Fort quarterboundary to its intersection with the Soufriere — Micoud
quarter boundary, thence north-easterly and north-westerly
along the said Micoud — Soufriere quarter boundary to its
intersection with the Roseau River.

North:

Thence north-westerly and westerly along the said quarterboundary to the intersection of Ravine Claire with the Canaries
River, thence westerly across the Ravine Duval and the Canaries— Soufriere main road to the Mahaut River, thence westerly
along the Mahaut River to the point of commencement.
CHOISEULSouth:

Commencing at the mouth of the L’Ivronge River, thence in asouth-easterly direction along the coast to the mouth of the Piaye
River.

East:

Thence in a north-easterly direction along the Piaye River to apoint where it intersects the Daban — Warwick Road, thencealong the said road to its intersection with the Vieux-Fort —Laborie quarter boundary to its intersection with the Choiseul —Vieux-Fort quarter boundary, thence north-easterly and north-Laws of Saint Lucia

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westerly along the said Choiseul — Vieux-Fort quarterboundary to its intersection with the Choiseul — Soufriere
quarter boundary.
North:

Thence north-westerly along the Choiseul — Soufriere quarterboundary to its intersection with the Motet — Beausejour Road,
thence in a south-westerly direction along the Etangs —Beausejour Road to its intersection with the St. Remy Road.

West:

Thence along the St. Remy — Union Vale Road to its
intersection with the L’Ivronge River and thence in a southwesterly direction along the said L’Ivronge River to the point ofcommencement.
LABORIE

North:

Commencing at the junction of the Micoud — Vieux-Fort
quarter boundary, thence north-westerly along the Soufriere —Vieux-Fort quarter boundary to the junction of the Choiseul —Vieux-Fort quarter boundary.

West:

Thence south-easterly along the Choiseul — Vieux-Fort quarterboundary to the point where it intersects the Laborie — VieuxFort quarter boundary, thence along the said Laborie — VieuxFort quarter boundary to its intersection with the Warwick —Daban Road, thence south-westerly along the said Warwick —Daban Road to its intersection with the Piaye river, thence
southerly along the Piaye River to the mouth of the said Piaye
River.

South:

Thence south-easterly along the coast to the mouth of the BlackBay River.

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HOUSE OF ASSEMBLY (REVIEW OF CONSTITUENCY)
ORDER – SECTION 58(Statutory instrument 51/2001)

Commencement [12 November 2001]
WHEREAS under section 58(1) of the Saint Lucia Constitution
Order 1978 of the United Kingdom it is provided inter alia that
the Constituency Boundaries Commission (hereinafter referred
to as the Commission) shall review the number and boundariesof the constituencies into which Saint Lucia is divided;
AND WHEREAS under the said subsection the Commission isfurther charged with the responsibility of submitting to theGovernor General a report of its recommendations;
AND WHEREAS it is provided by section 58(3) of theConstitution that as soon as practical after the submission of areport by the Commission the Governor General shall make adraft Order for giving effect, whether with or without
modifications, to the recommendations contained in the report;
AND WHEREAS a draft of this Order giving effect to therecommendations contained in the report of the Committee waslaid before the House for its approval by the Minister
designated for this purpose on 20 March 2001 and wasapproved with modifications by Resolution of the House on 20
March 2001;
1.

SHORT TITLE

This Order may be cited as the House of Assembly (Review ofConstituency Boundary) Order.
3.

REVIEW OF CONSTITUENCY BOUNDARIESThe boundaries of the electoral districts of(a) Castries Central(b) Castries North-East(c) Castries North-West/Babonneau;

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(d)
(e)
(f)
(g)
(h)

Castries East;
Vieux Fort South;
Vieux-Fort North;Dennery South;
Dennery North

have been reviewed and the boundaries defined in the Scheduleare substituted therefor.

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SCHEDULEELECTORAL DISTRICTS
CASTRIES CENTRALNorth:

Commencing at the junction of L’Anse Road and John Compton
Highway, thence in a westerly direction following the highway
to its end at Pointe St. Victor.

West:

Thence from Pointe St. Victor following the coast along Petit
Carenage, westerly then easterly along Pointe Seraphine. Thence
following the coast of Trou Gamier, the reclamation wharf to themouth of the Parris drain and thence along the shore of the Port
Authority wharves to the mouth of the Castries River.

South:

Thence along the Castries River to the Marchand Bridge.
Thence continuing along the Castries River to its link with awide drain which underpasses at a bridge on the Water Works
Road.

East:

Thence from the said bridge at Water Works Road to a wide
drain leading to a footpath and thence to Cedars Road. Thence ina westerly direction to a point where a drain between Lastic Hill
and the St. Joseph’s Convent meets with Cedars Road.
Thence along the said drain to the point where it meets the Bois
Patat Road. Thence in a westerly direction along the said road to
the Morne Doudon Road. Thence in an easterly direction along
the Morne Doudon Road to its intersection with the Morne
Doudon -La Pensee Road. Thence turning left in a westerly
direction onto the La Pensee Road and turning into an unnamed
Road at the third sharp bend on the said road. Thence along theunnamed road to its end. Thence to an imagidary line to thesource of a ravine leading to the Vide Bouteille Road.
Thence along the said Vide Bouteille Road in a westerly
direction to the point where L’Anse Road intersects with it.
Thence along the said road in a northerly direction to the pointof commencement at the John Compton Highway.
CASTRIES NORTH

North:

Commencing at Grand Riviere Road junction with Allan
Bousquet Highway. Thence along the Allan Bousquet Highway

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to its junction with the Castries – Gros Islet Highway.
Thence in a northerly direction along the said highway to the
Choc Bridge. Thence along the Choc River in a westerly
direction to its mouth.
Thence along the Choc beach coast in a south-westerly direction
to Vigie beach.
West:

Thence Kiwanis beach, thence along the coast in a northerly
then westerly direction to D’Estrees Point. Thence along thecoast to Pointe St. Victor. Thence along the Airport Highway toits junction with John Compton Highway.
Thence in a north easterly direction along the said highway to its
junction with L’Anse Road.
Thence along L’Anse Road to its junction with the Vide
Bouteille-Calvary Road.
Thence in an easterly direction along the said road to a point at
the second sharp bend, where a ravine meets the Vide Bouteille
Road.
Thence along the ravine to its source. Thence an imaginary line
to an unnamed road at La Pensee. Thence along this unnamedroad to the La Pensee main road. Thence in a north easterly
direction along the said road to its link with the La PenseeMome Doudon road. Thence along the said road to its link with
the Mome Doudon main road.
Thence descending the said road in a westerly direction to thesecond access road to Bois Patat.
Thence along the Bois Patat Road to a point where a ravine links
with it. Thence along the said ravine between Lastic Hill and theSt. Joseph’s Convent to Cedars Road.
Thence along the said road to a footpath 12 yards from the St.
Joseph’s Convent Road.
Thence along the said footpath to a wide drain underpassing abridge at the Waterworks Road, 50 yards from the Entrepot
Schools.

South:

Thence along the Waterworks Road to a tributary from theCastries River at the intersection of Sunbilt, Bocage and Chabot.

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Thence along the said tributory in a north easterly direction to its
source.
Thence an imaginary line from the source to the junction of
Bocage – Morne Doudon and Balata – Bocage Roads.
Thence from the junction an imaginary line to the source of atributary linking the Girard River.
Thence along the Girard River to a bridge at the Morne DoudonBalata Road.
East:

Thence continuing along the river in a northerly direction to theUnion Agricultural Station bridge. Thence along the road of theUnion Agricultural Station to the Allan Bousquet Highway andthe point of commencement.
BABONNEAU

North:

Commencing at the Cassimi Point, thence by a straight line tothe most eastern bend of the Monier Road. Thence in a westerly
direction along Monier Road to its most western bend, andthence by a straight line to the eastern bend of the straight of theGrand Riviere Road to its junction with the Allan Bousquet
Highway.

West:

Thence in a southerly direction along the Allan Bousquet
Highway to the point where the Union Agricultural Station Road
meets it. Thence along the said road to the bridge.
Thence along the Girard River, to the Balata-Morne Doudon
Road Bridge, thence along the said river to the bridge at the
Bocage-Girard Road. Thence along the Girard River to its
source at the base of the Guesneau-Fond Cannie Road, 100
yards before the first bend of the said road.

South:

Thence northeasterly along the Guesneau-Fond Cannie Road tothe junction with the Fond Cacao Road, thence along the Fond
Cacao Road to its end. Thence in a straight imaginary line in asouth-easterly direction to Piton Flore, thence in an Easterly
direction along the Dauphin-Dennery Quarter boundary to themouth of the Louvet River.

East:

Thence in a northerly direction along the coast to the point ofcommencement.

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CASTRIES EAST
West:

Commencing at a point on the southern side of the Bridge over
the Castries River at the Prolongation at Manoel Street, thence
in a southerly direction along the Castries side of the link roadleading from Morne Road, thence in a southerly and westerly
direction along the Castries side of the said Morne Road toCombermere Road and thence in a southerly direction along thesaid Combermere Road to Red Tape Lane.

South:

Thence in an easterly direction along the northern side ofRoberts Road. Thence in a southeasterly direction along the saidroad to Victoria Road. Thence in an easterly direction along thenorthern side of the said Victoria Road and Guesneau Roads to
the Guesneau-Fond Cannie Road.

East:

Thence at approximately 100 yards before the first bend on the
Guesneau-Fond Cannie Road, a straight line in a northerly
direction to a source of a tributary of the Girard River. Thencealong the Girard River to the point where it meets the BocageGirard Road. Thence continuing along the Girard River to apoint where it links with a tributary coming from the top ofMorne Doudon. Thence along the said tributary to its source.
Thence a straight imaginary line to the junction of Bocage,
Morne Doudon and Balata-Bocage Roads.

North:

Thence from the said junctions a straight imaginary line in asouth westerly direction to the source of a tributary intersectingwith the Castries River. Thence along the said tributary to its
underpass at the Water Works Road before its intersection with
the Castries River. Thence following the Water Works Road to abridge about 50 yards after the Entrepot Schools. Thence fromthe said bridge to a wide drain linking with the Castries River.
Thence along the said river to the Castries Bridge andcontinuing to the point of commencement.
VIEUX-FORT SOUTH

North:

Commencing at the mouth of Ravine St. Urbain, thence along
the said Ravine to St. Urbain Bridge, thence along theMicoud/Vieux-Fort High road to the junctiop of the old
Micoud/Vieux-Fort High Road and the Beane Field Road.

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Thence in a westerly direction by a straight line to theintersection of Ravine Rozette and La Resource Road. Thence
northward along Ravine Rozette to its intersection at a bridge on
the Augier Road.
Thence along the said road to its junction with the St. Jude
Hospital Road. Thence in a northwesterly direction along thesaid road to its junction with the Augier Main Road and theAugier/St. Jude Road. Thence along the Augier Main Road to abridge. Thence in a southerly direction along a gorge toLanguedoc River.
West:

Thence southward along Ravine Languedoc to its mouth.

South
East:

Thence along the coast to the point of commencement.
VIEUX-FORT NORTH

North:

Commencing at the mouth of the Canelles River, thence along
the said river to its intersection with the Vieux Fort/Micoud
quarter boundaries. Thence in a northwesterly direction along
the said quarter boundary to the junction of Soufriere/Micoud
quarter boundary.

West:

Thence southward by a straight line to the source of the Grande
Riviere Du Vieux Fort, thence along the said river toWoodlands, thence south and along the Grace/Woodlands Road
in a southerly direction to the road junction at Grace, thence
southwesterly by a straight line to the source at Ravine Rozette.
Thence along the said Ravine to its intersection with AubrierRoad Bridge, thence continuing along the Ravine to the La
Resource Road.

South:

Thence easterly by a straight line to the junction of the Beane
Field Road and the old Micoud/Vieux Fort Road in a northerneasterly direction to the St. Urbain Bridge and thence in asoutheasterly direction along Ravine St. Urbain to its mouth.

East:

Thence in a northerly direction along the coast to the point ofcommencement.
DENNERY SOUTH

North:

Commencing at Trou Cadet point, thence westerly along the Au

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Leon/Louvet Road to a point before the first pronounced bend,
thence a straight line in a southerly direction to the source of aravine between Lumiere and La Pelle. Thence along the ravine
to its intersection with the La Pelle/Lumiere Road. Thence along
the said road in a southwesterly direction to its junction with La
Ressource/ Au Leon Roads. Thence southerly along the La
Ressource Main Road to its junction with the East Coast Road.
Thence along the East Coast Road, in a southerly direction to abridge. Thence along the Grande Riviere Du Mabouya to its
second tributary. Thence along the said tributary to its source,
thence in a southerly direction by a straight line to Glavier,thence in a westerly direction along the said St. Joseph Road andthe next prominent bend and thence by a straight line in awesterly direction to Mount La Combe.
West:

Thence along Barre De L’Isle Ridge in a southerly direction to
the junction of the Dennery/Praslin quarter boundary.

South:

Thence along the said quarter boundary to the source of its
second tribituary, thence by a straight line to the source ofRiviere Des Trois Islets to its mouth.

East:

Thence in a northerly direction along the coast to the point ofcommencement.
DENNERY NORTH

North:

Commencing at a point on the mouth of the Louvet River,thence along the Louvet River and the Dennery/Dauphin quarterboundary to Piton Flore.

West:

Thence in a southerly direction along the Barre De L’Isle Ridgeto Mount La Combe.

South:

Thence by a straight line in an easterly direction to the mostwestern bend of the St. Joseph Road, thence in a northeasterly
direction along the St. Joseph Road to the next prominent bend,
thence in a easterly direction along a straight line to the terminusof the Bois Joli Road. Thence along Bois Joli Road to Glavier,thence by a straight line in a northerly direction to the source ofthe second tributary of the Grande Riviere Du Mabouya. Thencealong the said tributary of the Mabouya Riviere to the bridge at
the East Coast Road. Thence along the said road to its junction
with the La Ressource Main Road. Thence along the said road toLaws of Saint Lucia

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its junction with the La Pelle/Lumiere Road. Thence along thesaid road to the bridge at the third tributary, between La Pelle
and Lumiere.
East:

Thence along the tributary of its source. Thence a straight line ina northerly direction to a point before the first prominent bendon the Au Leon/Louvet Road. Thence along the said road toTrou Cadet Point. Thence along the coast to the point ofcommencement.

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PUBLIC SERVICE BOARD OF APPEAL REGULATIONSARRANGEMENT OF REGULATIONSRegulation
PART 1

161

PRELIMINARY

161

1.
2.

Short title .......................................................................................................... 161
Definition .......................................................................................................... 161

PART 2

162

PROCEDURE AT MEETINGS

162

3.
4.
5.
6.
7.
8.

Meetings .......................................................................................................... 162
Special Meetings .............................................................................................. 162
Notice of Meetings and presiding at Meetings ................................................. 162
Quorum ............................................................................................................ 162
Voting ............................................................................................................... 162
Minutes ............................................................................................................ 163

PART 3163

APPEALS

163

9.
10.
11.
12.
13.
14.
15.
16.

Right of Appeal ................................................................................................ 163
Exemption from Appeal .................................................................................... 163
Notice of Appeal and Reasons......................................................................... 163
Bringing Appeal................................................................................................ 164
Giving Notice of Appeal.................................................................................... 164
Notifications of Appeal ..................................................................................... 164
The Record ...................................................................................................... 165
Transmitting Record ......................................................................................... 165

PART 4

166

SITTINGS ON APPEALS AND DECISIONS

166

17.
18.
19.
20.
21.
22.
23.
24.

Definition .......................................................................................................... 166
Constitution of Board for Appeals .................................................................... 166
Decisions ......................................................................................................... 166
Chairperson to preside at sittings ..................................................................... 167
Time and place of sittings ................................................................................ 167
Publication of sittings ....................................................................................... 167
Notices of hearings of Appeals ........................................................................ 167
Adjournments ................................................................................................... 168

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25.
26.
27.
28.
29.
30.
31.
32.

Appearance of Appellant...................................................................................168
Respondent ......................................................................................................168
Absence of Appellant at hearing .......................................................................168
Appeals by way of re-hearing ...........................................................................168
Notification of decisions ....................................................................................169
Extension of time to appeal...............................................................................169
Procedure in matters provided for .....................................................................170
Failure of Officers to abide by these Regulations .............................................170

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PUBLIC SERVICE BOARD OF APPEAL REGULATIONS– SECTION 96(Statutory Instrument 21/1982)

Commencement [27 March 1982.]

PART 1PRELIMINARY
1.

SHORT TITLE

These Regulations may be cited as the Public Service Board of
Appeal Regulations.
2.

DEFINITIONIn these Regulations, unless the context otherwise requires—“appellant” means a public officer who has brought an appeal;“Board” means the Public Service Board of Appeal constituted
by section 95 of the Constitution;“chairperson” means the chairperson of the Board;“Constitution” means the Constitution of Saint Lucia;“establishment officer” means the public officer performing
the functions of permanent secretary (Personnel);“officer” means public officer;“public officer” has the meaning assigned to it by section
124(1) of the Constitution;“public service” has the meaning assigned to it by section
124(1) of the Constitution;“representative” means a public officer or a person entitled topractise as a legal practitioner in Saint Lucia; or any
person so chosen by the appellant;“secretary” means the person performing the functions of theoffice of secretary of the Board.

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PART 2PROCEDURE AT MEETINGS
3.

MEETINGS

Subject to these Regulations, the Board may meet for the despatch of
business, adjourn and otherwise regulate their meetings, as they thinkfit. Meetings shall be held at such place and time and on such days as
the chairperson may determine.
4.

SPECIAL MEETINGS

The chairperson shall call a special meeting of the Board within 4days of receipt of a written requisition for that purpose addressed tohim or her by any 2 members of the Board.
5.

6.

NOTICE OF MEETINGS AND PRESIDING AT MEETINGS(1)

The Secretary shall give to every member of the Board notice ofa meeting of the Board 48 hours before the time appointed forholding the meeting.

(2)

The chairperson shall preside at meetings of the Board. If at any
meeting the chairperson is not present within 15 minutes of thetime appointed for holding the meeting the members present
may choose one among themselves to preside at that meeting.

QUORUM

The chairperson and 2 other members of the Board shall form thequorum. In the absence of the chairperson 3 other members of theBoard shall form a quorum.
7.

VOTING

Questions arising at any meeting of the Board shall be decided by amajority of votes.

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8.

MINUTESThe secretary shall attend every meeting of the Board and shall keep
minutes thereof in such form as the chairperson may direct. Minutes
shall be confirmed at a subsequent meeting.

PART 3
APPEALS
9.

RIGHT OF APPEAL

Subject to regulation 10 of these Regulations, an appeal shall lie tothe Board from any of the decisions mentioned in section 96(5)(c) of
the Constitution at the instance of the public officer in respect ofwhom the decision is made.
10.

EXEMPTION FROM APPEAL

An appeal shall not lie to the Board from a decision mentioned in
section 96(5)(c) of the Constitution where—(a) that decision is in respect of an officer holding a nonpensionable office whose emoluments do not exceed$2,400 per year; or(b) the only reason for the appeal from that decision is that it
is too severe, except where such decision is a decision—(i) to remove an officer from his or her office, or(ii) to appoint him or her to an office whose
emoluments are less than the emoluments of theoffice which he or she held immediately before therelevant decision.
11.

NOTICE OF APPEAL AND REASONS(1)

An appeal to the Board shall be by notice in writing signed by
the appellant or by his or her representative.

(2)

Every notice of appeal shall be dated as of the day on which it
is signed and shall state—(a) the name of the appellant;(b) his or her office;164Cap. 1.01

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(c)
(d)
(e)
(f)
(g)
(h)
(3)

12.

the date of the decision from which he or she desires toappeal;the person or authority from whose decision he or she
desires to appeal;
the date on which he or she received notice of thatdecision;
the decision which he or she seeks from the Board;an address to which any notice or other document may besent to him or her by or on behalf of the Board; andthe reasons in detail for the appeal.

A notice of appeal may be in the form set out in Appendix “A”
to these Regulations.

BRINGING APPEAL

Subject to regulation 30 of these Regulations, an appeal to the Board
shall be brought if the appellant gives to the secretary, not later than
21 days after the day on which the decision from which he or she
desires to appeal is given, a notice of appeal in accordance withregulation 11 of these Regulations.
13.

14.

GIVING NOTICE OF APPEAL(1)

The secretary shall publish in the Gazette an address where
notices of appeal may be given to him or her under theseRegulations.

(2)

A notice of appeal shall be given to the secretary either
personally, or by sending it by post to the address publishedunder regulation 13(1) and in such a case is considered to beeffected by properly addressing, preparing and posting a lettercontaining the notice, and to have been effected at the time atwhich such letter was so posted.

NOTIFICATIONS OF APPEAL

Upon receiving a notice of appeal, the secretary, shall as soon aspracticable—(a) enter on the notice the date of receipt;

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(b)
(c)

(d)

15.

inform the chairperson of his or her receipt of the same;andsend a copy of the notice to—(i) the establishment officer,(ii) the secretary of the Public Service Commission,(iii) where the appellant is not a permanent secretary orhead of a department of Government, to thepermanent secretary of the Ministry to which theappellant is attached or to his or her head of
department, as the case may be;
notify the appellant in writing of the receipt of the noticeof appeal and of the date of such receipt.

THE RECORD

As soon as possible after he or she has received a copy of a notice ofappeal, the secretary of the Public Service Commission shall send to
the secretary 5 copies of each of the following documents (hereinafterreferred to as the record)—(a) the charges relating to the appeal;(b) the proceedings at any inquiry held on the aforesaid
charges (including statements of the Appellant and of
witnesses, if any);(c) the documents and exhibits if any, produced at the said
inquiry;(d) the report of the person who held the said inquiry;(e) the decision appealed against; and(f) any other document required by the Board.
16.

TRANSMITTING RECORD(1)

As soon as possible after he or she has received the record
relating to an appeal, the secretary shall send one copy thereof
to each of the following persons—(a) the chairperson;(b) every other member of the Board entitled to sit for the
purpose of hearing and determining the appeal;(c) the establishment officer; and166

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(2)

The appellant’s copy of the record shall be sent to him or her
either by handing it to him or her personally, or by sending it byregistered post to him or her to the address supplied by him or
her under regulation 11(2)(g) and, in such a case, shall bedeemed to be effected by properly addressing and posting tohim or her a sealed envelope containing a copy of the record.

(3)

The establishment officer’s copy of the record is considered tobe duly sent to him or her either by handing it to him or her
personally, or by properly addressing to him or her a sealed
envelope enclosing a copy of the record and by leaving thesame at his or her office with an officer attached thereto.

PART 4
SITTINGS ON APPEALS AND DECISIONS
17.

DEFINITION“Member” in relation to an appeal means a member of theBoard entitled to sit for the purpose of hearing anddetermining that appeal; and“Board” in relation to an appeal means the members of theBoard entitled to sit for the purpose of hearing anddetermining that appeal.
18.

CONSTITUTION OF BOARD FOR APPEALS

A sitting of the Board for the purpose of hearing and determining anappeal shall be duly constituted if the members of the Board sitting onthat appeal shall comprise—(a) the chairperson and all the members;(b) the chairperson and one member; or(c) two members (neither of whom is the chairperson).
19.

DECISIONS

Every decision of the Board in an appeal shall be in writing and shallrequire the concurrence of—Laws of Saint Lucia

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Revision Date: 31 Dec 2006

(a)
(b)

20.

a majority of all the members sitting on that appeal where
the Board is constituted by 3 members;
all the members sitting on that appeal, where the Board isconstituted by 2 members.

CHAIRPERSON TO PRESIDE AT SITTINGS

Whenever the chairperson sits on an appeal, he or she shall preside at
the sitting.
21.

22.

TIME AND PLACE OF SITTINGS(1)

Sittings of the Board for the hearing and determination of
appeals shall be held at such times and at such places as thechairperson may appoint.

(2)

Sittings of the Board shall be held in private.

PUBLICATION OF SITTINGSThe Secretary shall, whenever practicable, cause notice of the day,time and place of every sitting of the Board to be published in theGazette at least 7 days before the commencement of the sitting.
23.

NOTICES OF HEARINGS OF APPEALS(1)The Secretary shall give to every Appellant notice in writing of
the day, time and place of the hearing of his or her appeal atleast 7 days before the commencement of the hearing.

(2)

A notice under this regulation shall be given to an appellant
either personally or by sending it by registered post to theaddress supplied by him or her under regulation 11(2)(g) and, insuch a case, is considered to be effected by properly addressing
and posting to him or her a sealed envelope containing thenotice.

(3)

A notice under this regulation shall be given to theestablishment officer either personally, or by properly
addressing to him or her a sealed envelope containing the noticeand by leaving the same at his or her office with an officer
attached thereto.

168

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ADJOURNMENTS

The Board may adjourn its proceedings as it considers fit.
25.

APPEARANCE OF APPELLANT

In proceedings before the Board an appellant shall appear either inperson or by a representative.
26.

RESPONDENT

In every appeal the establishment officer shall be the respondent andin proceedings before the Board he or she may appear either in personor by a representative.
27.

ABSENCE OF APPELLANT AT HEARING

If at the hearing of an appeal an appellant fails to appear either inperson or by a representative, the Board may either adjourn theappeal, or strike it out, or dismiss it, or proceed to hear it in theabsence of the appellant as it appears to the Board to be just andproper.
28.

APPEALS BY WAY OF RE-HEARING(1)

Subject to the provisions of section 96(3) of the Constitution
and of this regulation, an appeal to the Board shall be by way of
re-hearing.

(2)

Despite the provisions of regulation 28(1), proceedings before
the Board shall, as a rule, be a re-hearing on the documents
constituting the record of appeal (referred to in regulation 15 ofthese Regulations).

(3)

For the purpose of an appeal the Board may, if it thinks it
necessary or expedient so to do—(a) order any public officer to produce any document, exhibit
and other thing connected with the proceedings andproduction of which appears to the Board to be necessary
for the determination of the appeal;(b) order any public officer to attend and be examined before
the Board whether that officer was or was not called to be

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examined before the person or authority, if any, which
inquired into the charges laid against the Appellant.
29.

30.

NOTIFICATION OF DECISIONS(1)

As soon as possible after the Board has decided an appeal, theSecretary shall send a copy of the decision to—(a) the appellant;(b) (where the appellant is not a permanent secretary or headof a department of Government) the permanent secretaryof the Ministry to which the appellant is attached or to his
or her Head of Department, as the case may be;(c) the establishment officer;(d) the Director of Finance and Planning, where he or she is
not an officer to whom notice is required to be given
under 1(b) of this regulation;(e) the secretary of the Public Service Commission.

(2)

A copy of a decision of the Board shall be sent to an Appellant
either by delivering it to him or her personally or by posting it
to him or her in the manner provided by regulation 23(3).

(3)

A copy of a decision required under this Regulation to be sent
to any officer other than an Appellant shall be deemed to be
duly sent to that officer if it is delivered to him or her
personally or if it is left for him or her in the manner provided
by Regulation 23(4).

EXTENSION OF TIME TO APPEAL(1)The Board may extend the time within which an appeal shall be
brought under these Regulations.

(2)

An application to extend the time within which an appeal shallbe brought under these Regulations shall be in writing and theprovisions of the preceding Regulations of this Part relating toappeals shall, with necessary modifications, apply to an
application under this regulation in the same way as they apply
to notices of appeal and to the proceedings in appeals.

(3)

An application to extend the time within which an appeal shallbe brought may be in the form set out in Appendix “B” to theseRegulations.

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(4)

31.

Where the Board extends the time within which an appeal shallbe brought, the application to extend such time shall be treatedas a notice of appeal.

PROCEDURE IN MATTERS PROVIDED FOR

Subject to the provisions of the Constitution and of these Regulations,the procedure in appeals shall be determined by the members of theBoard.
32.

FAILURE OF OFFICERS TO ABIDE BY THESE REGULATIONS

Any officer who is required by these Regulations or by the Board to
do any act or to produce any document, exhibit or other thing or toattend or to be examined before the Board and who without
reasonable cause, fails or neglects so to do, is guilty of misconduct.

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APPENDIX A(Regulation 11(3))
SAINT LUCIA
Between:Appellant
andThe Establishment Officer
The Permanent Secretary, Education
The Commissioner of Police
Respondent
NOTICE OF APPEAL
1.Take notice that (1) ......................................................................................
a public officer holding/acting in the office of (2)…………………… being
dissatisfied with the decision of (3) ........................................................
dated ............................................................................................ 20
that(4) ..................................................................................................................
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
hereby appeals to the Public Service Board of Appeal for the reasons set out
in paragraph 2 and will at the hearing of the appeal seek a decision of theBoard that (5) .................................................................................................
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
2. Reasons for Appeal:(Insert FULLY here the reasons for the Appeal)(1) ...................................................................................................................
(2) ...................................................................................................................
(3). ........................................................................................................ etc
3. All notices or other documents relating to this appeal may be sent to me
addressed as follows—
Dated this ..................................... day of ..................................... 20........
To: The Secretary,
The Public Service Board of Appeal
Delete where inapplicableLaws of Saint Lucia

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(1) Name of Appellant.
(2) Insert office.
(3) Insert designation of person or authority whose decision is appealed
against.
(4) Insert the substance of the decision appealed against.
(5) State the decision sought from the Board.
(6) Insert address fully.
APPENDIX B
Regulation 30(3)SAINT LUCIA.
Between:Appellant
andThe Establishment Officer
The Permanent Secretary, Education
The Commissioner of Police
Respondent
APPLICATION TO EXTEND TIME WITHIN WHICH TO APPEALTake notice that 1 .......................................................................................
a public officer holding/acting in the office of 2 ...................................
intends to apply to the Public Service Board of Appeal to extend the timewithin which I may appeal against the decision of 3.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
2. And further take Notice that the reasons for this application are as
follows—4(1) ...................................................................................................................
(2) ...................................................................................................................
(3) ...................................................................................................................
(4) etc. ............................................................................................................
3. And further take Notice that the reasons for which I desire to appeal
against the said decision are as follows—5(1) ...................................................................................................................
(2) ...................................................................................................................
(3).......................................................................................................... etc.

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4. All notices or other documents relating to this application may be sent
to me addressed6 as follows—
Dated this ...........................................day of..................................20........
......................................................................
Appellant.
To: The Secretary,
The Public Service Board of Appeal
Delete where inapplicable.
(1) Name of Appellant.
(2) Insert office.
(3) Insert designation of person or authority giving the decision against
which the appeal is brought.
(4) Insert fully here reasons for the application(5) State fully the reasons for which it is desired to appeal against thedecision.
(6) Insert address fully.

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1978 No. 1901

SAINT LUCIA
SAINT LUCIA CONSTITUTION ORDER 1978
(Statutory Instrument 1978 No. 1901 (UK))

Made — — — — — — 20 December 1978
Coming into Operation 22 February 1979

Commencement [22 February 1979]
At the Court at Buckingham Palace, the 20 December 1978
Present,
The Queen’s Most Excellent Majesty in Council
Whereas the status of association of Saint Lucia with the United
Kingdom is to terminate on 22 February 1979 and it isnecessary to establish a new constitution for Saint Lucia upon
its attainment of fully responsible status within the
Commonwealth:
And whereas the Associated State of Saint Lucia has, by aresolution passed in the House of Assembly thereof on 24
October 1978, requested and consented to the making of thisOrder for that purpose:
Now, therefore, Her Majesty, by virtue and in exercise of thepowers vested in Her in that behalf by section 5(4) of the West
Indies Act 19673, is pleased, by and with the advice of Her
Privy Council, to order, and it is hereby ordered, as follows—
1.

3

CITATION AND COMMENCEMENT(1)This Order may be cited as the Saint Lucia Constitution Order
1978.

(2)

This Order shall come into operation on 22 February 1979.

1967 c. 4.

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2.

REVOCATIONThe Saint Lucia Constitution Order 19674, which made provision forthe constitution of the Associated State of Saint Lucia, is revoked.
3.

ESTABLISHMENT OF CONSTITUTION

The Constitution of Saint Lucia set out in Schedule 1 to this Ordershall come into effect in Saint Lucia at the commencement of thisOrder subject to the transitional provisions set out in Schedule 2 tothis Order.
N. E. Leigh,Clerk of the Privy Council.

SCHEDULE 1 TO THE ORDER
THE CONSTITUTION OF SAINT LUCIA
Editor’s note: Schedule 1 to the Order is the Constitution of Saint Lucia. It
appears at the beginning of this Chapter.

SCHEDULE 2 TO THE ORDER
TRANSITIONAL PROVISIONS
Arrangement of paragraphs
1.
2.
4.
5.
6.
7.
8.
9.
10.
11.
12.

4

Discharge of Governor General’s functions ......................................................177
Existing laws .....................................................................................................177
Ministers and Parliamentary Secretaries ..........................................................179
Office of Attorney General ................................................................................180
Existing public officers ......................................................................................180
Oaths ................................................................................................................180
Supreme Court Order .......................................................................................181
Appeals Order...................................................................................................181
Protection from inhuman treatment ...................................................................181
Commonwealth citizen ......................................................................................181
Interpretation .....................................................................................................182

S.I. 1967/229.

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1.

DISCHARGE OF GOVERNOR GENERAL’S FUNCTIONS

Until such time as a person has assumed office as Governor Generalhaving been appointed as such in accordance with section 19 of theConstitution, the person who immediately before the commencementof the Constitution held office as Governor of Saint Lucia (or, if there
is no such person, the person who was then acting as Governor) shalldischarge the functions of the office of Governor General.
2.

EXISTING LAWS

(1)

The existing laws shall, as from the commencement of theConstitution, be construed with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring theminto conformity with the Constitution and the Supreme Court
Order.

(2)

Where any matter that falls to be prescribed or otherwise
provided for under the Constitution by Parliament or by anyother authority or person is prescribed or provided for by orunder an existing law (including any amendment to any suchlaw made under this section), that prescription or provision
shall, as from the commencement of the Constitution, haveeffect (with such modifications, adaptations, qualifications andexceptions as may be necessary to bring it into conformity with
the Constitution and the Supreme Court Order) as if it had been
made under the Constitution by Parliament or, as the case may
require, by the other authority or person.

(3)

The Governor General may by order made at any time before
31 December 1980 make such alterations to any existing law as
may appear to him or her to be necessary or expedient forbringing that law into conformity with the provisions of theConstitution and the Supreme Court Order or otherwise forgiving effect or enabling effect to be given to those provisions.

(4)

The provisions of this paragraph shall be without prejudice toany powers conferred by the Constitution or by any other law
upon any person or authority to make provision for any matter,
including the alteration of any existing law.

(5)

For the purposes of this paragraph, the expression “existinglaw” means any Act, Ordinance, rule, regulation, order or other
instrument made in pursuance of or continued in force by or178Cap. 1.01

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under the former Constitution and having effect as a law
immediately before the commencement of the Constitution.
3.

PARLIAMENT(1)

Until other constituencies are established for Saint Lucia byorder in pursuance of section 58 of the Constitution and theorder has come into effect there shall, for the purposes of theelection of members of the House, be 17 constituencies having
the same boundaries as the constituencies into which Saint
Lucia is divided immediately before the commencement of theConstitution for the purpose of the election of elected membersof the House under the former Constitution and those
constituencies shall be deemed to have been established underthat section.

(2)

The persons who, immediately before the commencement of theConstitution, are elected members of the House under theformer Constitution shall, as from the commencement of theConstitution, be deemed to have been elected in pursuance ofthe provisions of section 33 of the Constitution in the respective
constituencies corresponding to the constituencies by which
they were returned to the House and shall hold their seats in theHouse in accordance with the provisions of the Constitution.

(3)

The persons who, immediately before the commencement of theConstitution, are nominated members of the House under theformer Constitution shall vacate their seats in the House at thecommencement of the Constitution but shall be eligible forappointment as Senators in pursuance of the provisions ofsection 24 of the Constitution.

(4)

The persons who, immediately before the commencement of theConstitution, are respectively the Speaker and the Deputy
Speaker and the Leader of the Opposition shall be deemed asfrom the commencement of the Constitution to have been
elected as Speaker and Deputy Speaker or, as the case may be,appointed as leader of the Opposition in accordance with theprovisions of the Constitution and shall hold office inaccordance with those provisions.

(5)

Until Parliament otherwise provides, any person who holds or
acts in any office the holding of which would, immediately
before the commencement of the Constitution, have disqualified

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him or her for membership of the House under the former
Constitution shall be disqualified to be elected as a member ofthe House or appointed as a Senator as though provisions in thatbehalf had been made in pursuance of sections 26 and 32 of theConstitution.

4.

(6)

The rules of procedure of the House under the former
Constitution as in force immediately before the commencementof the Constitution shall, until it is otherwise provided by theHouse under section 53(1) of the Constitution be the rules ofprocedure of the House but they shall be construed with suchmodifications, adaptations, qualifications and exceptions as
may be necessary to bring them into conformity with theConstitution.

(7)

Subject to the provisions of section 55 of the Constitution,
Parliament shall, unless sooner dissolved, stand dissolved on 6
June 1979 (that is to say, 5 years from the first sitting of theHouse after the last dissolution of Parliament under the former
Constitution).

(8)

For the purposes of section 58(2) of the Constitution, a report of
the Constituency Boundaries Commission shall be deemed tohave been submitted on 19 November 1973 (that is to say, thedate of the submission of the last report of the Standing
Committee of the House under section 49 of the former
Constitution).

MINISTERS AND PARLIAMENTARY SECRETARIES(1)

The person who, immediately before the commencement of theConstitution, holds the office of Premier under the former
Constitution shall as from the commencement of theConstitution, hold office as Prime Minister as if he or she had
been appointed thereto under section 60 of the Constitution.

(2)

The persons who, immediately before the commencement of theConstitution, hold office as Ministers (other than the Premier)or as Parliamentary Secretaries under the former Constitution
shall, as from the commencement of the Constitution hold thelike offices as if they had been appointed thereto under section
60 or 68 of the Constitution.

(3)

Any person holding the office of Prime Minister or other
Minister by virtue of the provisions of sub-paragraphs (1) and180

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(2) of this paragraph who, immediately before thecommencement of the Constitution, was charged under theformer Constitution with responsibility for any matter or any
department of government, shall, as from the commencement of
the Constitution, be deemed to have been assigned
responsibility for that matter or department under section 62 of
the Constitution.
5.

OFFICE OF ATTORNEY GENERAL

Until Parliament or, subject to the provisions of any law enacted by
Parliament, the Governor General, acting in accordance with theadvice of the Prime Minister, otherwise decides, the office ofAttorney General shall be a public office.5
6.

EXISTING PUBLIC OFFICERS

Subject to the provisions of the Constitution, every person who
immediately before the commencement of the Constitution holds or isacting in a public office under the former Constitution shall, as fromthe commencement of the Constitution, continue to hold or act in that
office or the corresponding office established by the Constitution as if
he or she had been appointed thereto in accordance with theprovisions of the Constitution:
Provided that any person who under the former Constitution or any
other law in force immediately before such commencement would
have been required to vacate his or her office at the expiration of any
period shall vacate his or her office at the expiration of that period.
7.

OATHS

Until such time as the oath of allegiance, the oath of secrecy or, in
relation to any office, the oath of office is prescribed by law, that oathmay be taken in the form prescribed immediately before thecommencement of the Constitution.

5
By statutory instrument 41/1997, the office of Attorney General was declared a public office “with effect from15 June 1997.”

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8.

SUPREME COURT ORDER

The West Indies Associated States Supreme Court Order 1967 6, in so
far as it has effect as a law, may be cited as the Supreme Court Orderand for the purposes of the Order or any other law—(a) the Supreme Court established by that Order shall, unless
Parliament otherwise provides, be styled the Eastern
Caribbean Supreme Court; and(b) references in that Order to the Premier of Saint Lucia orto the Premier of any other independent state shall be
construed as references to the Prime Minister of Saint
Lucia or, as the case may be, to the Prime Minister of that
other state.
9.

APPEALS ORDER

The West Indies Associated States (Appeals to Privy Council) Order71967 may, in its application to Saint Lucia, be cited as the Saint
Lucia Appeals to Privy Council Order and shall, to the extent that it
has effect as a law, have effect as if the expression “Courts Order”
included any law altering the Supreme Court Order and as if section 3
were revoked.
10.

PROTECTION FROM INHUMAN TREATMENT

Nothing contained in or done under the authority of any law shall beheld to be inconsistent with or in contravention of section 5 of theConstitution to the extent that the law in question authorises theinfliction of any description of punishment that was lawful in Saint
Lucia immediately before 1 March 1967 (being the date on whichSaint Lucia became an associated state).
11.

COMMONWEALTH CITIZEN

Until such time as Parliament otherwise prescribes, the expression“Commonwealth citizen” shall have the meaning assigned to it by the
British Nationality Act 1948 or any Act of the Parliament of theUnited Kingdom altering that Act.

6
7

S.I. 1967/223.
S.I. 1967/224.

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12.

INTERPRETATION(1)

In this Schedule—“the Constitution” means the Constitution set out in Schedule Iof this Order;“the former Constitution” means the Constitution in force
immediately before the commencement of this Order.
(2)
The provisions of section 124 of the Constitution shall apply for the
purposes of interpreting this Schedule and otherwise in relation thereto as
they apply for the purposes of interpreting and in relation to theConstitution.

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LETTERS PATENT INSTITUTING SAINT LUCIAHONOURS AND DECORATIONSHaving received advice of the issue by Her Majesty The Queenof a Warrant under the sign manual authorising The GovernorGeneral to sign and seal with the Public Seal of Saint Lucia
Letters Patent in Her Name and on Her behalf instituting Saint
Lucia Honours and Decorations to take effect from the 13th dayof December, 1986, His Excellency The Governor General has
accordingly signed and sealed the following Letters Patent:

LETTERS PATENT ESTABLISHING THE ORDER OF SAINT
LUCIA
SAINT LUCIA
By His Excellency Sir Allen Lewis, Knight Grand Cross of the
Most Distinguished Order of St. Michael and St. George,
Knight Grand Cross of the Royal Victorian Order, Knight
Bachelor, Queen’s Counsel, Governor-General of Saint Lucia.
ELIZABETH THE SECOND, by the Grace of God Queen ofSaint Lucia and of Her Other Realms and Territories, Head of
the Commonwealth.
TO ALL to whom these Presents shall come.
GREETING:
WHEREAS it is desirable that there be established a Saint
Lucian society of honour for the purpose of according
recognition to citizens of Saint Lucia and other persons forachievement, for acts of bravery or for meritorious service:
KNOW YOU that we by these Presents, do establish a societyof honour to be known as the “Order of Saint Lucia”:
AND WE DO ordain that the Order shall consist of theSovereign, Our Governor General of Saint Lucia and suchmembers and honorary members as shall be appointed inaccordance with the Constitution of the Order:

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AND WE DO further ordain that the Constitution of the Ordershall be the Constitution set out in the Schedule:
AND WE DO hereby command that a seal be immediately
engraven, that that seal shall be the Seal of the Order, that theRegulations of the Order shall be signed by Our GovernorGeneral of Saint Lucia and sealed with the Seal of the Order,
and that the Regulations so signed and sealed shall have thesame force and effect as if they had been recited in these Our
Letters Patent and given under the Public Seal of Saint Lucia.
IN WITNESS whereof we have caused these Our Letters to bemade Patent.
Given under the Public Seal of Saint Lucia at Castries this 13th
day of December, One thousand nine hundred and eighty-six, inthe Thirty-fifth year of Our Reign.
BY HER MAJESTY’S COMMAND
JOHN G. M. COMPTON,
Prime Minister.

SCHEDULECONSTITUTION OF THE ORDER OF SAINT LUCIA
1.

A Society of Honour, for the purpose of according recognition
to citizens of Saint Lucia and other persons for achievement, foracts of bravery or for meritorious service is established in Saint
Lucia to be known as the Order of Saint Lucia.

2.

The Order shall consist of the Sovereign, the Governor General
as Chancellor, and the holders of awards in the following
Grades:I — Grand Cross;
II — Saint Lucia Cross;
III — Medal of Honour in classes of Gold and Silver;
IV — Medal of Merit in classes of Gold and Silver;
V — Les Pitons Medal in classes of Gold, Silver and Bronze;
VI — National Service Cross;
VII — National Service Medal.

3.

The Sovereign of Saint Lucia shall be Head of the Order.

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OFFICERS AND COMMITTEE OF THE ORDER
4.
(1)

(2)

(3)

The Governor General, who by virtue of his Office shallbe Chancellor of the Order, shall be charged with theadministration of the Order, and in his custody shall be
confided the Seal of the Order, which he shall affix to all
Statutes, Ordinances and Instruments according to theRegulations touching the issue of every of the said
instruments.
In the absence of the Governor General, the person for thetime being performing the functions of the office ofGovernor General shall discharge the functions ofChancellor of the Order.
The Private Secretary to the Governor General shall be
Secretary of the Order and shall maintain the records of
the Order, arrange for investitures and perform such otherfunctions in respect of the Order as the Governor Generalshall direct from time to time.

5.
(1)

There shall be a standing National Awards Committee for
the Order hereinafter called “the Committee” comprisedof:(a) a citizen of Saint Lucia appointed by the GovernorGeneral after consultation with the Prime Ministerand the Leader of the Opposition who shall bechairperson of the Committee.
(b) the chairperson of the Public Service Commission.
(c) the chairperson of the Teaching Service
Commission.
(d) the Commissioner of Police.
(e) three persons representative of the General Public
appointed by the Governor General of whom 2 shallbe appointed on the advice of the Prime Ministerand one on the advice of the Leader of the
Opposition. Such appointment shall be for a period
not exceeding 3 years from the date of appointment
but the persons shall be eligible for reappointment.

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(f)

(2)
(3)

A member of the Committee appointed undersubparagraph (a) of this section shall hold office fora period not exceeding 3 years from the date of
appointment but shall be eligible for reappointment.
The Committee shall have a Secretary who shall be
appointed by the Prime Minister.
A vacancy in the membership of the Committee shall notpreclude the Committee from carrying out its functions.

LETTERS PATENT INSTITUTING THE SAINT LUCIA PUBLICSERVICES LONG SERVICE MEDALSAINT LUCIA
By His Excellency Sir Allen Lewis, Knight Grand Cross of the
Most Distinguished Order of St. Michael and St. George,
Knight Grand Cross of the Royal Victorian Order, Knight
Bachelor, Queen’s Counsel, Governor-General of Saint Lucia.
ELIZABETH THE SECOND, by the Grace of God Queen ofSaint Lucia and of Her Other Realms and Territories, Head of
the Commonwealth.
TO ALL to whom these Presents shall come.
GREETING:
WHEREAS it is desirable that there be instituted a Saint Lucian
Medal for the purpose of according recognition to persons who
render long and faithful service in certain occupations:
KNOW YOU that we do by these Presents institute a Medal to
be designated and styled the “Saint Lucia Public Services Long
Service Medal”:
AND WE DO ordain that the award of the Saint Lucia PublicServices Long Service Medal shall be governed by the Services
Long Service Medal Regulations 1986 set out in the Schedule.
IN WITNESS whereof we have caused these Our Letters to bemade Patent.

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Given under the Public Seal of Saint Lucia at Castries this 13th day ofDecember, One thousand nine hundred and eighty-six, in the Thirty-fifth
year of Our Reign.
BY HER MAJESTY’S COMMAND
JOHN G. M. COMPTON,
Prime Minister.

SCHEDULEREGULATIONS GOVERNING THE AWARD OF THE SAINT LUCIA
PUBLIC SERVICES LONG SERVICE MEDALSHORT TITLE
1.

These regulations may be cited as the Services Long Service
Medal Regulations.
DESIGN OF MEDAL2.

The design of the Services Long Service Medal and of clasps to
the Medal shall be as prescribed.
CONDITIONS FOR AWARD OF MEDAL

3.

The following persons are eligible for the award of the Services
Long Service Medal:(a) members of the Royal Saint Lucia Police Force(b) members of the Saint Lucia Fire Service(c) members of the Prisons Service(d) members of the Saint Lucia Civil Service(e) members of the Saint Lucia Teaching Service

4.
(1)

The Services Long Service Medal may not be awarded toa person unless since he or she attained the age of 18
years.
(a) he or she has served diligently and has been of
exemplary conduct for a continuous period of 15

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(2)

5.

years in one of the capacities mentioned inregulation 3; or(b) he or she has served diligently and has been of
exemplary conduct in 2 or more of those capacities
for successive periods amounting in the aggregate
to not less than 15.
A clasp to the Services Long Service Medal may beawarded after the completion of a further continuous
period of service of 10 years in any of the capacities
mentioned in regulation 3, and an additional clasp maybe
awarded after the completion, of each further period of 5
years’ continuous service.

The award of the Services Long Service Medal or a clasp to theMedal may be made by the Governor General on therecommendation of—(a) the Commissioner of Police, in the case of a member ofthe Royal Saint Lucia Police Force;(b) the Chief Fire Officer, in the case of a member of theSaint Lucia Fire Service;(c) the Superintendent of Prisons, in the case of a member of
the Prisons Service;(d) the chairperson of the Public Service Commission, in thecase of a member of the Civil Service;(e) the chairperson of the Teaching Service Commission, inthe case of the Teaching Service;
With in each case the approval of the administrative head of the
Ministry of the Government charged with responsibility for theparticular service.
WEARING OF MEDAL

6.

The manner of wearing the Service Long Service Medal shallbe as determined by the Governor General.

SOCIETY OF HONOUR ORDER OF SAINT LUCIA
The public is hereby notified of the establishment as from 13th
December, 1986, of a Society of Honour to be known as the Order ofSaint Lucia.

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The Order which has as its Head, Her Majesty, with the Governor
General as Chancellor, is divided into 7 Grades, among which 2
would be divided into 2 classes and one (1) into 3 classes.
The Grades are as follows—
The Grand Cross
The Saint Lucia Cross
The Medal of Honour in classes of Gold and Silver
The Medal of Merit in classes of Gold and Silver
The Les Pitons Medal in Gold, Silver and Bronze
The National Service Cross
The National Service Medal
The Grand Cross is for award only to a person appointed to theoffice of Governor General.
The recipient of the Grand Cross will be entitled to have the letters“GCSL” placed after his or her name on all occasions when the use ofsuch letters is customary, and also to the use of the title His or Her
Excellency before his or her name.
The Saint Lucia Cross is to be awarded to persons who haverendered distinguished and outstanding service of national importanceto this country.
A recipient of the Saint Lucia Cross will be entitled to have the letters“SLC” placed after his or her name and also to the use of the title
Honourable before his or her name immediately on publication of theaward.
A Medal of Honour is to be awarded to persons rendering “eminent
service of national importance” or performing an outstanding brave orhumane act to a national of Saint Lucia or of another country.
A person to whom the Medal of Honour is awarded is entitled to havethe letters “SLMH” placed after his or her name on all occasions
when the use of such letters is customary.
The Medal of Merit is to be restricted to persons contributing longand meritorious service in the Arts, Science, Literature and other suchfields.
A recipient will be entitled to have the letters “SLMM” placed after
his or her name.

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The Les Pitons Medal in any of its 3 classes is to be awarded forlong and meritorious service to Saint Lucia tending to promote loyal
public service, national welfare or inculcating and strengthening
community spirit. The recipient will be entitled to have the letters“SLPM” placed after his or her name.
The National Service Cross and the National Service Medal areintended for members of the Royal Saint Lucia Police Force, the Fire
Service, the Prison Service and Cadet Corps.
The Cross is to be awarded to commissioned ranks of the Police
Force, the Fire and Prison Services for loyal and devoted service
beneficial to Saint Lucia. A recipient is entitled to have the letters“NSC” placed after his or her name. The medal is to be awarded toany member of the said bodies and to commissioned officers of a
Cadet Corps for “outstanding and meritorious service”.