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Constitution Order

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STATUTORY INSTRUMENTS
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2009 NO.xxxx

CARIBBEAN AND NORTH ATLANTIC TERRITORIES

The ANGUILLA CONSTITUTION ORDER 2008

Made – – – – – – – – – – – – – – xx xx 2009

Laid before Parliament xx xx 2009

Coming into Operation xx xx 2009

At the Court at Buckingham Palace, the xx day of xx 2009

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 1(2) of the
Anguilla Act 1980 and sections 6(1) and 17(4) of the West Indies Act 1967, is
pleased, by and with the advice of Her Privy Council, to order, and it is hereby
ordered, as follows:

Citation, commencement and establishment of the Constitution
1. (1) This Order may be cited as the Anguilla Constitution Order 2009.

(2) This Order shall come into force on “the appointed day”.

.

2
THE CONSTITUTION OF ANGUILLA

ARRANGEMENT OF SECTIONS

CHAPTER 1
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

1. Fundamental rights and freedoms of the individual
2. Protection of right to life
3. Protection of right to personal liberty
4. Protection of right of prisoners to humane treatment
5. Protection from slavery and forced labour
6. Protection of freedom of movement
7. Protection from inhuman treatment
8. Protection from deprivation of property
9. Protection from arbitrary search or entry
10. Provisions to secure protection of law
11. Protection of freedom of conscience
12. Protection of freedom of expression
13. Protection of freedom of assembly and association
14. Protection from discrimination on the grounds of race etc.
15. Derogations from fundamental rights and freedoms
16. Protection of persons detained under emergency laws
17. Enforcement of protective provisions
18. Declaration of emergency
19. Interpretation and savings
20. Establishment of a Human Rights Commission

CHAPTER 2
THE GOVERNOR
21. Governor
22. Deputy Governor
23. Functions of Deputy Governor
24. Acting Governor
25. Deputy to Governor

CHAPTER 3
THE EXECUTIVE
26. Executive authority of Anguilla
27. Cabinet
28. Summoning of Cabinet and transaction of business
29. Presiding in Cabinet
30. Summoning of persons to the Cabinet
31. Cabinet Secretary
32. Appointment of Ministers
33. Appointment of Parliamentary Secretaries
34. Tenure of office of Ministers

3 35. Absence of Ministers from Anguilla
36. Performance of functions of Premier in certain events
37. Assignment of responsibilities to Ministers
38. Governor to be kept informed
39. National Security Council
40. Attorney General
41. Director of Public Prosecutions
42. Governor’s special responsibilities
43 Oaths and affirmations

CHAPTER 4
THE HOUSE OF ASSEMBLY
44. House of Assembly
45. Qualifications for elected membership
46. Disqualifications for elected membership
47. Tenure of Office
48. Vacation of seat on sentence
49. Temporary members
50. Leader of the Opposition
51. Determination of questions as to membership
52. Penalty for sitting or voting when unqualified
53. Qualification of voters
54. Right to vote at elections
55. Laws as to elections

CHAPTER 5
POWERS AND PROCEDURE IN THOUSE OF ASSEMBLY

56. Power to make laws
57. Rules of Procedure
58. Presiding in Assembly
59. Assembly may transact business notwithstanding vacancies
60. Quorum
61. Voting
62. Summoning persons to assist
63. Introduction of Bills
64. Assent to Bills
65. Standing Committees
66. Oath of allegiance
67. Privileges of Assembly and members
68. Sessions
69. Prorogation and dissolution
70. General Elections

4 CHAPTER 6
THE JUDICATURE

71. Eastern Caribbean Supreme Court
72. Supreme Court Order
73. Appeals Order
74. Jurisdiction of High Court and Court of Appeal
75. Subordinate courts and tribunals
76. Original Jurisdiction, High Court constitutional questions
77. Reference of Constitutional questions to High Court
78. Appeals to Her Majesty in Council

CHAPTER 7
THE PUBLIC SERVICE
Public Service – General
79. Public Service Commission
80. Power to appoint, etc, to public office
81. Teaching Service Commission
82. Judicial and Legal Services Commission
83. Power to appoint, etc, to legal offices
84. Police Service Commission
85. Power to appoint, etc, to offices in the Police Force
86. Legislation regarding Commissions
Pensions
87. Applicability of pension law
88. Pensions, etc, charged on Consolidated Fund or Pension Fund
89. Grant and withholding of pensions, etc

CHAPTER 8
FINANCE
90. Consolidated Fund
91. Withdrawal of money from Consolidated Fund or other public funds
92. Authorisation of expenditure
93. Authorisation of expenditure in advance of appropriation
94. Contingencies Fund
95. Public debt
96. Remuneration of certain officers
97. The Auditor General

CHAPTER 9
THE COMPLAINTS COMMISSIONER AND REGISTER OF
INTERESTS
98. The Complaints Commissioner
99. Functions of Complaints Commissioner
100. Registration of interests
101. General provisions relating to Commissioners

5 CHAPTER 10
CROWN LAND
102. Grants of land, etc.

CHAPTER 11
MISCELLANEOUS

103. Public Seal
104. Governors Power of Pardon
105. Belonger Status
106. Interpretation

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CHAPTER 1

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

Fundamental rights and freedoms of the individual
1. Whereas every person in Anguilla is entitled to the fundamental rights and
freedoms of the individual, that is to say, the right, whatever his race, place of
origin, political opinions, colour, creed or sex, but subject to respect for the rights
and freedoms of others and for the public interest, to each and all of the
following, namely—

(a) life, liberty, security of the person, the enjoyment of property and the
protection of the law;

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

(c) respect and protection for his private and family life,

the subsequent provisions of this Chapter shall have effect for the purpose of
affording protection to the aforesaid rights and freedoms, subject to such
limitations of that protection as are contained in those provisions, being
limitations designed to ensure that the enjoyment of the said rights and freedoms
by an individual does not prejudice the rights and freedoms of others or the
public interest.

Protection of right to life
2. (1) Every person has a right to life which shall be protected by law.

(2) No person shall be deprived of his life intentionally.

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

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

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

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

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

7 Protection of right to personal liberty
3. (1) Every person has the right to liberty and security of the person.

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

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

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

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

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

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

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

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

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

(i) in the case of a person who is, or is reasonably suspected to be, of
unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose
of his care or treatment or the protection of the community;

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

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

8
(3) Any person who is arrested or detained shall be informed orally and in writing
as soon as reasonably practicable, in a language which he understands, of the
reasons for his arrest or detention.

(4) Any person who is arrested or detained shall have the right, at any
stage and at his or her own expense, to retain and instruct without delay a
legal representative of his own choice, and to hold private communication
with such legal practitioner and, in the case of a minor, to communication
with his parent or guardian.

(5) Every person who is arrested shall be informed, as soon as reasonably
practicable and in a language that he or she understands, of his rights
under subsection (4); and that person shall also have the right, and shall be
informed at the same time that he has the right, to remain silent and to
have one person informed by the quickest practicable means of his arrest
and his whereabouts.

(6) Any person who is arrested or detained—

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

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

and who is not released, shall be brought without unreasonable delay before a
court.

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

(8) Any person who is unlawfully arrested or detained by any other person shall
be entitled to compensation for such unlawful arrest or detention from that
other person or from any other person or authority on whose behalf that other
person was acting; but a judicial officer or an officer of a court or a police
officer acting in pursuance of the order of a judicial officer shall not be
personally liable to pay compensation under this subsection in respect of
anything done 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
respect of such arrest or detention shall be a liability of the Crown.

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

9
(10) For the purposes of subsection (2)(b) of this section a person charged
before a court with a criminal offence in respect of whom a special verdict has
been returned that he was guilty of the act or omission charged but was insane
when he did the act or made the omission shall be regarded as a person who
has been convicted of a criminal offence and the detention of a person in
consequence of such a verdict shall be regarded as detention in execution of the
order of a court.

Protection of right of prisoners to humane treatment
4. (1) All persons deprived of their liberty (in this section referred to as
“prisoners”) have the right to be treated with humanity and with respect for
the inherent dignity of the human person.

1[(2) Save where the interests of defence, public safety, public order,
public morality, public health or the administration of justice otherwise
require , unconvicted prisoners shall be segregated from convicted
prisoners, and every unconvicted prisoner shall be entitled to be treated in
a manner appropriate to his status as such.

(3) Juvenile prisoners shall be segregated from adult prisoners and every
Juvenile prisoner shall be treated in a manner appropriate to his or her age
and legal status and, if he is an unconvicted prisoner and unless he is
earlier released, to have any criminal proceedings against him pursued
with the greatest possible expedition.]

Protection from slavery and forced labour
5. (1) No person shall be held in slavery or servitude.

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

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

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

(b) labour required of any person while he is lawfully detained that,
though not required in consequence of the sentence or order of a court, is
reasonably necessary in the interests of hygiene or for the maintenance of
the place at which he is detained;

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

1 To be discussed

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

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

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

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

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

(b) for the imposition of restrictions on the movement or residence within
Anguilla or on the right to leave Anguilla of persons generally or any class
of persons in the interests of defence, public safety, public order, public
morality or public health and except so far as that provision or, as the case
may be, the thing done under the authority thereof is shown to be
reasonably justifiable in a democratic society;

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) No property of any description shall be compulsorily taken possession
of, and no interest in or right over property of any description shall be
compulsorily acquired except where the following conditions are satisfied,
that is to say —

a) the taking of possession or acquisition is in the public interest
and for a public purpose; and

12 (b) there is reasonable justification for the causing of any hardship
that may result to any person having an interest in or right to or
over the property.

(3) Every person having an interest or right over property which is
compulsorily taken possession of or whose interest in or right over any
property is compulsorily acquired shall have a right of direct access to the
High Court for the determination of his interest or right, the legality of the
taking of possession or acquisition of the property, interest or
right.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Protection from arbitrary search or entry
9. (1) Every person has the right to respect for his private and family life,
his home and his correspondence and, except with his own consent, no
person shall be subjected to the search of his person or his property or the entry
by others on his premises.

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

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

(b) that authorises an officer or agent of the Government of Anguilla, a
local government authority or a body corporate established by law for
public purposes to enter on the premises of any person in order to inspect
those premises or anything thereon for the purpose of any tax, rate or due
or in order to carry out work connected with any property that is lawfully on
those premises and that belongs to that Government, authority or body
corporate, as the case may be;

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

14
(d) that is reasonably required for the purpose of protecting the rights or
freedoms of other persons; or

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

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

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

(2) Any court or other authority prescribed by law for the determination of the
existence or the extent of civil rights or obligations shall be established by law
and shall be independent and impartial; and where proceedings for such a
determination are instituted by any person before such a court or other authority,
the case shall be given a fair hearing within a reasonable time.

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

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

(a) in interlocutory civil proceedings;

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

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

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

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

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

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

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

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

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

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

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

(f) shall, when charged on indictment in the High
Court, have the right to trial by judge and jury.

(7) Except with his own consent, the trial of a person charged with a
criminal offence shall not take place in his absence, unless—

(a) that person so behaves in the court as to render the continuance of
the proceedings in his presence impracticable and the court has
ordered that person to be removed and the trial to proceed in his
absence; or

(b) the court, being satisfied that no injustice will result, orders the trial
to proceed in that person’s absence on account of the abscondment
or the involuntary illness or incapacity of that person.

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

(9) No person who shows that he has been tried by any competent court for a
criminal offence and either convicted or acquitted shall again be tried for that
offence or for other criminal offence of which he could have been convicted at the

16 trial for that offence save upon the order of a superior court made in the course of
appeal proceedings relating to the conviction or acquittal; and no person shall be
tried for a criminal offence if he shows that he has been pardoned for that
offence:

Provided that nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this subsection to the extent
that the law in question authorises any court to try a member of a disciplined
force for a criminal offence notwithstanding any trial and conviction or acquittal of
that member under the disciplinary law of that force; but any court so trying such
a member and convicting him shall in sentencing him to any punishment take into
account any punishment awarded him under that disciplinary law.

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

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

(12) When a person, has by a final decision of a court, been convicted of a
criminal offence and, subsequently, his conviction has been quashed, or
he has been pardoned, on the ground that a newly-disclosed fact shows
that there has been a miscarriage of justice, he or she shall be
compensated out of public funds for any punishment that he has suffered
as a result of the conviction unless it is proved that the non-disclosure in
time of that fact was wholly or partly his or her fault.

(13) In the case of any person who is held in lawful detention the provisions of
subsection (1), subsection (3) and paragraphs (c) and (d) of subsection (6) of this
section shall not apply in relation to his trial for a criminal offence under the law
regulating the discipline of persons held in such detention.

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

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

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

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

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

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

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

(b) for the purpose of protecting the rights and freedoms of other persons,
including the right to observe and practise any religion without the
unsolicited intervention of members of any other religion; or

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

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

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

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

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

(a) that is reasonably required —

(i) in the interest of defence, public safety, public order, public
morality or public health; or

(ii) for the purposes of protecting the reputations, rights and
Freedoms of other persons or the private lives of persons
concerned in legal proceedings, preventing the disclosure of

18 information received in confidence, maintaining the authority
and independence of the courts, regulating telephony,
telegraphy, posts, wireless broadcasting, television or other
means of communication or regarding public exhibitions or
public entertainments; or

(b) that imposes restrictions upon public officers:

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

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

(2) No person shall be required as a condition of employment to subscribe to
any organisation for membership or admission; nor shall any person be required
to pay dues or other compensation to secure or enjoy such employment or the
right thereto; nor shall any person be prohibited from free access to his place of
employment or return therefrom by virtue of his failure to belong or subscribe to
any organisation.

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

(a) that is reasonably required—

(i) in the interests of defence, public safety, public order, public
morality or public health; or

(ii) for the purpose of protecting the rights or freedoms of other
persons; or

(b) that imposes restrictions upon public officers:

Provided that:—

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

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

19
Protection from discrimination on the grounds of race, etc.
14. (1) Subject to the provisions of subsections (4), (5) and (7) of this section, no
law shall make any provision which is discriminatory either of itself or in its effect.

(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no
person shall be treated in a discriminatory manner by any person acting by virtue
of any written law or in the performance of the functions of any public office or
any public authority.

(3) In this section, the expression (a) “discriminatory” means affording different
treatment to different persons attributable wholly or mainly to their respective
descriptions by race, political opinions, colour, creed, sex or place of origin,
whereby persons of one such description are subjected to disabilities or
restrictions to which persons of another such description are not made subject or
are accorded privileges or advantages which are not accorded to persons of
another such description.

(b) “public authority” means any statutory body or company or association in which the
Government of Anguilla has an interest and which performs a public function or
duty.

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

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

(b) for the application, in the case of persons of any such description as is
mentioned in subsection (3) of this section (or of persons connected with
such persons), of the law with respect to adoption, marriage, divorce,
burial, devolution of property on death or other like matters which is the
personal law of persons of that description; or

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

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

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

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

20 (a) whereby persons of any such description as is mentioned in
subsection (3) of this section may be subjected to any restriction on the
rights and freedoms guaranteed by sections 6, 9, 11, 12 and 13 of this
Constitution, being such a restriction as is authorised by paragraph (a), (b)
or (g) of subsection (3) of section 6, subsection (2) of section 9,
subsection (5) of section 11, subsection (2) of section 12, or subsection
(3) of section 13, as the case may be; or

(b) which is reasonably justifiable in a democratic society for the
protection or well-being of women; or

[
2(c) which makes provision of services and economic advantage in
favour of Anguillians.]

(8) Nothing in subsection (2) of this section shall affect any discretion relating to
the institution, conduct or discontinuance of civil or criminal proceedings in any
court that is vested in any person by or under this Constitution or any other law.

Derogations from fundamental rights and freedoms under emergency
powers
15. Nothing contained in or done under the authority of any law shall be held to
be inconsistent with or in contravention of section 3 or section 14 of this
Constitution to the extent that the law authorises the taking during any period of
public emergency of measures that are reasonably justifiable for dealing with the
situation that exists in Anguilla during that period.

Protection of persons detained under emergency laws
16. (1) When a person is detained by virtue of any such law as is referred to in
section 15 of this Constitution the following provisions shall apply, that is to say—

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

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

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

2 To be discussed

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

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

3[(2) On any review by a tribunal in pursuance of this section of the case of a
detained person, the tribunal may make recommendations concerning the
necessity or expediency of continuing his detention to the authority by which it
was ordered but, unless it is otherwise provided by law, that authority shall not be
obliged to act in accordance with any such recommendations.]

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

Enforcement of protective provisions
17. (1) If any person alleges that any of the provisions of sections 1 to 16
(inclusive) of this Constitution has been, or is being, or is likely to be,
contravened in relation to him (or, in the case of a person who is detained, if any
other person alleges such a contravention in relation to the detained person),
then, without prejudice to any other action with respect to the same matter which
is lawfully available, that person may apply to the High Court for redress.

(2) The High Court shall have original jurisdiction to hear and determine any
application made by any person in pursuance of subsection (1) of this section
and may grant such remedies or reliefs, make such orders, issue such writs
and give such directions as it may consider appropriate for the purpose of
enforcing, or securing the enforcement of, any of the provisions of the said
sections 1 to 16 (inclusive) to the protection of which the person concerned is
entitled.:

(3) The High Court may decline to exercise its powers under subsection (2)
if it is satisfied that adequate means of redress for the contravention
alleged are or have been available to the person concerned under any other
law.

(4) If in any proceedings in any court (other than the Court of Appeal, the High
Court or a court martial) any question arises as to the contravention in any of the
provisions of sections 1 to 16 (inclusive) of this Constitution, the person presiding
in that court may, and shall if any party to the proceedings so requests, refer the
question to the High Court unless, in his opinion, the raising of the question is
merely frivolous or vexatious.

(5) Where any question is referred to the High Court in pursuance of subsection
(4) of this section, the High Court shall hear the matter and give its decision upon
the question and the court in which the question arose shall dispose of the case

3 To be discussed

22 in accordance with that decision or, if that decision is the subject of an appeal to
the Court of Appeal or to Her Majesty in Council, in accordance with the decision
of the Court of Appeal or, as the case may be, of Her Majesty in Council.

(6) An appeal shall lie as of right to the court of Appeal from any final
determination of any application or question by the High Court under this
section, and an appeal shall lie as of right to Her Majesty in Council from
the final determination by the Court of Appeal of the appeal in any such
case.

(7) The Legislature may confer or authorise the conferment on the High Court of
such powers in addition to those conferred by this section as may appear to be
necessary or desirable for the purpose of enabling the Court more effectively to
exercise the jurisdiction conferred on it by this section.

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

Declaration of emergency
418. (1) The Governor may, by Proclamation published in the manner
provided in subsection (2), declare that a state of emergency exists for the
purposes of this Chapter.

(2) A proclamation shall be taken to be published if it is published in the
Official Gazette or in a newspaper published in Anguilla, or if it is posted in
prominent public places and announced on the radio.

(3) Every declaration of emergency shall lapse-
(a) in the case of a declaration made when the Legislature is sitting, at
the expiration of a period of seven days beginning with the date of
the publication of the declaration; and

(b) in any other case, at the expiration of a period of twenty-one days
beginning with the date of publication of the declaration,
unless it has in the meantime been approved by a resolution of the
House of Assembly supported by the votes of a two-third majority of
all the members of the House.

(4.) A declaration of emergency may at anytime be revoked by the Governor by
Proclamation published aforesaid.

(5) A declaration of emergency that has been approved by a resolution of
the House of Assembly in pursuance of subsection (3) of this section shall,
subject to the provisions of subsection (4) of this section, remain in force
so long as that resolution remains in force and no longer.

4 Redraft

23 (6) A resolution of the House of Assembly passed for the purposes of this
section shall remain in force for 90 days or such shorter period as may be
specified therein:

Provided that any such resolution may be extended from time to time by a
further such resolution supported by the votes of two-thirds majority of all
the members of the House, each extension not exceeding 90 days from the
date of the resolution effecting the extensions; and any such resolution
may be revoked at any time by a resolution supported by the votes of a
majority of all the members of the House.

(7) Any provision of this section that a declaration of emergency shall lapse
or cease to be in force at any particular time is without prejudice to the
making of a further such declaration whether before or after that time.

19. Establishment of a Human Rights Commission

(1) There may be established by law a human rights commission ( in this
section referred to as (‘the commission”).

(2) The composition, powers and duties and of the commission( which
shall not derogate from the provision of this Chapter) shall be such as may
be prescribed by the law establishing it and may include the following —

(a) the receipt and investigation of complaints of breaches or
infringement of any right or freedom referred to in this Chapter;
(b) the provision of a forum for dealing with, and participation of
the commission in promoting conciliation with respect to
complaints and disputes concerning any matter relating to this
Chapter.
(c) issuing guidance on procedures for dealing with any complaints
of breaches or infringements of rights and freedoms referred to
in this Chapter;
(d) imparting knowledge to the public with respect to the rights and
freedoms referred to in this Chapter or in relation to any
international instrument or activity relating to human rights; and
(e) Preparing and submitting periodically reports concerning its
activities to the Legislature.

(3) The power of the commission to deal with any mater under this Chapter
shall be exercised only with the agreement or concurrence of the persons
concerned therewith.

(4) Nothing contained in or done pursuant to any law establishing the
commission shall—
(a) oblige a person to refer any complaint of a breach or
infringement of any right or freedom referred to in this Chapter to
the commission; or

(b) prevent a person from seeking redress directly from the court in
relation to any breach or infringement of a right or freedom

24 referred to in this Chapter, and the fact that such person had
previously sought the assistance of the commission with respect
to such breach or infringement shall not be a bar.

Interpretation and savings

20. (1) In this Chapter, unless it is otherwise expressly provided or required by
the context —

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

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

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

“disciplined force” means —

(a) a naval, military or air force

(b) the Police Force; or

(c) a prison service

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

“member” in relation to a disciplined force includes any person who, under the
law regulating the discipline of that force is subject to that discipline.

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

(a) Her Majesty is at war;or
(b) a declaration of emergency is in force under section 18 of this
Constitution.

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

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

(5) For the purposed of this Constitution, a person belongs to Anguilla if
that person-

(a) is born in Anguilla and at the time of the birth his father or mother
is or was a British Overseas Territories Citizen (or a British
Dependent Territories Citizen, Citizen of The United Kingdom and
Colonies or British Subject) by virtue of birth, registration or
naturalization in Anguilla or by virtue of descent from a father or
mother who was born in Anguilla; or

(b) is born in Anguilla of a father or mother who belongs to Anguilla
by birth or descent or who, if deceased, would if alive, so belong
to Anguilla.

(c) Is a child adopted in Anguilla by a person who belongs to
Anguilla by birth or descent;

(d) Is born outside Anguilla of a father or mother, who is a British
Overseas Territories Citizen (or a British Dependent Territories
Citizen, Citizen of The United Kingdom and Colonies or British
Subject) by virtue of birth in Anguilla or descent or who belongs
to Anguilla by virtue of birth in Anguilla or descent.

(e) Is a British overseas territories citizen by virtue of registration in
Anguilla.

(f) Is a person to whom a certificate of belonger status has been
granted under the provisions of the 1982 Constitution of Anguilla.

(g) Is the spouse of a person who belongs to Anguilla and has been
granted a certificate of belonger status under the provisions of
the 1982 Constitution of Anguilla.

CHAPTER 2
THE GOVERNOR
The Governor
21. (1) There shall be a Governor for Anguilla, who shall be appointed by Her
Majesty and hold office during Her Majesty’s pleasure and who shall be Her
Majesty’s representative in Anguilla.

Powers and duties of Governor

26 (2) The Governor shall have such powers and duties as are conferred or
imposed on him by this Constitution or any other law and such other functions
as Her Majesty may from time to time be pleased to assign to him

(3) Subject to the provisions of this Constitution and of any other law by which
any such powers or duties are conferred or imposed upon him, the Governor
shall do and execute all things that belong to his office according to such
Instructions, if any, as Her Majesty may from time to time see fit to give him.

(4) The question of whether or not the Governor has in any matter complied with
any instructions addressed to him by Her Majesty shall not be enquired into in
any court of law.

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

Office of Deputy Governor
22. (1) There shall be a Deputy Governor who shall be such person, being an
Anguillian as defined in section 45(2), as Her Majesty may designate as such
by instructions given by Her Majesty through a Secretary of State and who shall
hold office during Her Majesty’s pleasure.

(2) If the office of Deputy Governor is vacant or the person holding that
office is acting in the office of Governor under section 24(1) of this
Constitution or is for any other reason unable to perform the functions of
the office of Deputy Governor, then such person as Her Majesty may
designate by instructions given through a Secretary of State shall act in the
office of Deputy Governor during Her Majesty’s pleasure.

(3) The Premier and the Leader of the Opposition shall be consulted before
the appointment of any person to the office of Deputy Governor.

Functions of Deputy Governor

23. (1) Subject to the provisions of subsection (2) of this section, the Deputy
Governor shall assist the Governor in the exercise of his functions relating to
matters for which he is responsible under this Constitution.

(2) The Governor, acting in his discretion, may by writing under his hand,
authorise the Deputy Governor to exercise for and on behalf of the Governor,
subject to such exceptions and conditions as the Governor may from time to time
specify, any or all of the functions of the office of Governor.

(3) Under the authority of the Governor, the Deputy Governor shall be head
of the civil service.

(4) The powers and authority of the Governor shall not be affected by any
authority of the Deputy Governor under subsection (2) of this section and, subject
to the provisions of this Constitution and of any law by which any function which

27 the Deputy Governor is authorised to exercise is conferred, the Deputy Governor
shall comply with such instructions relating to the exercise of that function as the
Governor, acting in his discretion, may from time to time address to him:

Provided that the question whether or not the Deputy Governor has in any matter
complied with any such instructions shall not be enquired into in any court.

(5) Any authority given under subsection (2) of this section may at any time be
varied or revoked by Her Majesty by instructions given through a Secretary of
State or by the Governor, acting in his discretion, by writing under his hand.

(6) In subsection (2) of this section the reference to any functions of the office of
Governor does not include a reference to—

(a) the functions conferred upon the Governor by this section; or

5[(b) any functions conferred upon the Governor by any Act of the
Parliament of the United Kingdom or by any Order of Her Majesty in
Council or other instrument made under any such Act other than the
Anguilla Act 1980.]

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

(2) Before assuming the functions of the office of Governor, the person
designated or, as the case may be, the Deputy Governor shall make the oaths
directed by section 21(5) of this Constitution to be made by the Governor.

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

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

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

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

Governor’s deputy

5 To be discussed

28 25. (1) Whenever the Governor—
(a) has occasion to be absent from the seat of government
6 but not
from the Island; or
(b) has occasion to be absent from Anguilla for a period which he has
reason to believe will be of short duration; or
(c) is suffering from illness which he has reason to believe will be of
short duration,
he may in his discretion, by instrument under the public seal, appoint the
Deputy Governor or, in the absence of the Deputy Governor, some other suitable
person in Anguilla to be his deputy during such absence or illness and in that
capacity to perform on his behalf such of the functions of the office of Governor
as may be specified in the instrument by which he is appointed.

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

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

CHAPTER 3
THE EXECUTIVE

Executive authority of Anguilla
726. (1) The executive authority of Anguilla shall be vested in Her Majesty; and
save as otherwise provided in this Constitution, that authority may be
exercised by the Government of Anguilla, either directly or through
officers as prescribed by this Constitution or by any other law.

[Cabinet and Government of Anguilla
827. (1) There shall be a Cabinet in and for Anguilla which shall consist of the
Premier and not more than five other Ministers; and such Cabinet, together
with Her Majesty who is represented in Anguilla by the Governor, shall
constitute the Government of Anguilla.]

[
9(2) The cabinet shall have responsibility for the formulation of policy,
including directing the implementation of such policy, insofar as it relates
to every aspect of government, except those matters for which the
Governor has special responsibility under section 42, and the Cabinet shall
be collectively responsible to the House of Assembly for such policies and
their implementation.]

6 To be discussed 7 To be discussed 8 To be discussed 9 To be discussed

29 (3) Subject to this Constitution, the Cabinet shall determine its own rules
of procedure for the conduct of its business.

Summoning of Cabinet and transaction of business
28. (1) The Cabinet shall not be summoned except by the authority of the
Premier.

(2) No business shall be transacted at any meeting of the Cabinet if there are
less than three Ministers present, one of whom shall be the Premier or the
Minister performing the functions of the Premier under section 36.
(3) Subject to subsection (2), the Cabinet shall not be disqualified for the
transaction of business by reason of any vacancy in its membership (including
any vacancy not filled when the Cabinet is first constituted or is reconstituted at
any time), and the validity of the transaction of business in the Cabinet shall not
be affected by reason only of the fact that some person who was not entitled to
do so took part in the proceedings.

Presiding in Cabinet
29. (1) The Premier shall, so far as is practicable, attend and preside at meetings
of the Cabinet.

10[(2) In the absence of the Premier there shall preside at any meeting of the
Cabinet the Deputy Premier or such member of the Cabinet as the Premier,
acting in his discretion, may appoint.]

(3) There shall be a Secretary to the Cabinet who shall be appointed by the
Governor acting in accordance with the advice of the Premier but if at any time
he cannot conveniently discharge the functions of Secretary to the Cabinet, those
functions shall be discharged by such public officer as may be designated in that
behalf by the Governor, acting in accordance with the advice of the Premier.

Summoning of persons to Cabinet
30. (1) Whenever any business before the Cabinet renders the presence of a
public officer desirable, the Premier may summon such public officer to a
meeting of the Cabinet.
(2) Where a matter before the Cabinet concerns or relates to a statutory body
and the presence of an officer of the statutory body is considered desirable, the
Premier may summon that officer to a meeting of the Cabinet.
Secretary to the Cabinet
31. (1) There shall be—
(a) a Cabinet Office, which shall be an office in the Government of Anguilla; and
(b) a Secretary to the Cabinet, whose office shall be a public office, who shall be
a person who is an Anguillian as defined in section 45(2) and who shall be
appointed in accordance with section 80(2).

10 To be discussed

30
(2) The Secretary to the Cabinet shall have charge of the Cabinet Office,
attend meetings of the Cabinet and be responsible for keeping the minutes of the
meetings of the Cabinet and for conveying the conclusions reached at the
meetings to the appropriate person or authority.
(3) The Secretary to the Cabinet shall—
(a) provide such advice and technical support to the Cabinet as the Cabinet may
require;
(b) transmit copies of all papers submitted for consideration by the Cabinet to its
members;
(c) inform all its members of the summoning of any meeting of the Cabinet and of
the matters to be discussed at any such meeting;
(d) furnish all its members, as soon as practicable after each meeting of the
Cabinet, with a copy of the confirmed minutes of the previous meeting showing
the matters discussed and the conclusions reached at the meeting;
(e) promote and facilitate adherence to the rules of procedure of the Cabinet;
(f) monitor the implementation of Cabinet decisions and report periodically to the
Cabinet in respect thereof; and
(g) perform such other functions as are incidental to the functions of the
Secretary to the Cabinet.
(4) The functions conferred on the Secretary to the Cabinet by subsection
(3)(b), (c) and (d) may be exercised by the Cabinet Secretary in person or by
officers subordinate to him or her acting under and in accordance with his or her
general or special instructions.

Appointment of Ministers
32. (1) The Governor shall appoint as the Premier the elected member of the
Assembly who, in his judgment, is likely to command the support of a majority of
the elected members of the Assembly.

(2) The other Ministers shall be appointed by the Governor in accordance with
the advice of the Premier from among the elected members of the Assembly.

(3) The Governor, acting in accordance with the advice of the Premier, shall appoint one of
the Ministers as Deputy Premier.

(4) The appointment of a Deputy Premier under subsection (3) may be revoked by the
Governor, acting in accordance with the advice of the Premier, but such revocation shall not
in itself affect the Minister’s tenure of office as a Minister.

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

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

Appointment of Parliamentary Secretaries
33. (1) The Governor acting in accordance with the advice of the Premier,
may appoint not more than 2 Parliamentary Secretaries from among the
elected members of the Assembly.

(2) The provisions of section 2(3) and (4), 34 (3), (4) and 43 of this
Constitution shall apply in relation to the Parliamentary Secretaries as they
apply in relation to a Minister other than the Premier.

Tenure of office of members
34. (1) If a motion that the House of Assembly should declare a lack of
confidence in the Government of Anguilla receives in the Assembly the
affirmative votes of two-thirds of all the elected members thereof the Governor
shall dissolve the Assembly and shall act in his discretion in appointing the date
for the ensuing general election under section 70 of this Constitution.

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

(3) Any Minister shall vacate his office if—

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

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

(c) He is required under the provisions of section 47 of this Constitution to
cease to perform his functions as a member of the Assembly; or

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

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

(a) The Premier vacates his office; or

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

Absence of Ministers from Anguilla
35. The Premier shall give notice to the Governor before being absent from
Anguilla, and any other Minister shall obtain the written permission of the Premier
before being absent from Anguilla; but where in either case the Premier or
Minister is to be absent from Anguilla for a period not exceeding forty-eight

32
hours, prior verbal notification shall be given to the Governor or the Premier, as
the case may be.

Performance of functions of Premier in certain events

36. (1) If the Premier is expected to be absent from Anguilla for more
than forty-eight hours, the Governor shall authorize the Deputy Premier to
perform the functions of the office of Premier; and the Governor shall
revoke this authority on the return to Anguilla of the Premier.

(2) If both the Premier and the Deputy Premier are expected to be absent
from Anguilla for more than forty-eight hours, the Governor shall authorize
another Minister designated by the Premier to perform the functions of the
office of Premier; and the Governor shall revoke this authority on the return
to Anguilla of either the Premier or the Deputy Premier.

(3) If the Cabinet advised that the Premier is unable to perform his or her
functions by reason of illness, the Governor shall authorize the Deputy
Premier to perform the functions of the office of Premier; and the Governor
shall revoke this authority if the Cabinet advises him or her that the
Premier is again able to perform his or her functions.

(4) If the Cabinet advises the Governor that both the Premier and the
Deputy Premier are unable to perform their functions by reason of absence
or illness, the Governor shall authorize another Minister designated by the
Premier (or, if the Premier makes no such designation, appointed by the
Governor on the advice of Cabinet), to perform the functions of the office of
Premier; and the Governor shall revoke this authority if the Cabinet advises
him or her that the Premier or the Deputy Premier is again able to perform
his or her functions.

(5) Any authority given or revoked by the Governor under this section shall
be in writing.

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

(2) Without prejudice to section 36 (3), (4) and (5) a Minister shall not be
charged with responsibility under this section for any of the matters
mentioned in section 42 (1).

( 3) A Minister charged with responsibility for any matter under this
section shall exercise his responsibility in accordance with the policies of
the Government as determined by the Cabinet and in accordance with the
principle of the collective responsibility of the members of the Cabinet for
the policies and decisions of the Government.

33
(4) The Governor may at any time request from a Minister any official
papers or seek any official information or advice which is available to that
Minister with respect to any matter for which that Minister is responsible
under this section, and shall inform the Premier of any such request.

Governor to be kept informed
38. The Governor and the Premier shall confer on a regular basis and the
Premier shall keep the Governor informed about the policies of the Government
and the public affairs of Anguilla.

National Security Council

39. (1) There shall be in and for Anguilla a National Security Council which shall
consist of –
(a) the Governor, as Chairman;

(b) the Premier;

(c) one other Minister appointed in writing by the Governor, acting in
accordance with the advice of the Premier;

(d) the Attorney-General, ex officio; and

(e) the Commissioner of Police, ex officio.

(2) A Minister appointed under subsection (1)(c) shall vacate his or her seat on
the National Security Council if –
(a) his or her seat becomes vacant under section 34; or

(b) the Governor so directs in writing, acting in accordance with the advice of
the Premier.

(3) The National Security Council shall advise the Governor on matters relating to
internal security and the Governor shall be obliged to act in accordance with the
advice of the Council.

(4) The Commissioner of Police shall –

(a) provide regular briefings to the National Security Council on matters of
internal security, including the Police Service;

(b) have responsibility for the day to day operation of the Police Service and
shall report regularly on such matters to the Governor; and

(c) inform the Premier of any significant security developments in Anguilla,
including the occurrence of any significant criminal activity.

34 (5) The National Security Council may invite any person or summon any public
officer to attend and participate in, or provide briefings to, the Council on the
areas of their work bearing on internal security.

(6) The Governor, acting in his or her discretion, may summon a meeting of the
National Security council whenever he or she considers it desirable to do so, and
the Governor shall summon such a meeting whenever the Premier so requests.

(7) Subject to this section, the National Security Council may regulate its own
procedure.

(8) The Secretary to the Cabinet shall be the Secretary to the National Security
Council.

Attorney-General
40. (1) There shall be an Attorney-General of Anguilla, whose office shall be a
public office and who shall be appointed in accordance with section 83.

(2) The Attorney-General shall be the principal legal adviser to the Government
of Anguilla.

Director of Public Prosecutions
41. (1) There shall be a Director of Public Prosecutions, whose office shall be
a public office and who shall be appointed in accordance with section 83.

(2) The Director of Public Prosecutions shall have power, in any case in which he
or she deems it desirable to do so –

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

(b) to take over and continue any such criminal proceedings that have been
instituted by any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal
proceedings instituted or undertaken by himself or any other person or
authority.

(3) The powers of the Director of Public Prosecutions under subsection (2) may
be exercised by him or her in person or by officers subordinate to him or her
acting under and in accordance with his or her general or special instructions.

(4) The powers conferred on the Director of Public Prosecutions by subsection
(2)(b) and (c) shall be vested in him or her to the exclusion of any other person or
authority; but where any other person or authority has instituted criminal
proceedings, nothing in this subsection shall prevent the withdrawal of those
proceedings by or at the instance of that person or authority at any stage before

35 the person against whom the proceedings have been brought has been charged
before the court.

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

(6) In the exercise of the powers conferred on him or her by this section and
section 52(2) the Director of Public Prosecutions shall not be subject to the
direction or control of any other person or authority.

Exercise of Governor’s functions 11[40.—(1) Subject to this section, the Governor shall consult with the Cabinet in the exercise
of all functions conferred on him or her by this Constitution or any other law for the time
being in force in Anguilla, except—]

(a) when acting under instructions given to him or her by Her Majesty through a Secretary of
State;

12[(b) when exercising any function conferred on him or her by this Constitution or any such
other law which is expressed to be exercisable by the Governor in his or her discretion, or in
accordance with the advice of, or after consultation with, any person or authority other than
the Cabinet; or]

(c) in any case which, in his or her opinion, involves a matter for which he or she is
responsible under section 42; but in exercising his or her powers in relation to matters to
which paragraph (c) applies, the Governor shall consult with the Premier.

(2) The Governor shall not be obliged to consult with the Cabinet or the Premier if, in his or
her judgement—

(a) Her Majesty’s service would sustain material prejudice;

(b) the matter is not materially significant so as to require consultation; or

(c) the urgency of the matter requires the Governor to act before he or she can consult the
Cabinet or the Premier, but in any case falling within paragraph (c) the Governor shall, as
soon as practicable, communicate to the Cabinet the measures which he or she has adopted
and the reasons for them.

(3) In any case in which the Governor is required under this section to consult the Cabinet,
the Governor shall act in accordance with the advice of the Cabinet unless in his or her
opinion such advice would affect a matter for which he or she is responsible under section
42.

(4) Where the Governor is directed by this Constitution to exercise any function after
consultation with any person or authority other than the Cabinet, he or she shall not be
obliged to exercise that function in accordance with the advice of that person or authority.

(5) Whenever the Governor, in pursuance of subsection (3), acts contrary to the advice given
by the Cabinet, he or she shall, as soon as practicable, report his or her action and the
reasons for it to a Secretary of State.
11 To be discussed 12 To be discussed

36
(6) Where the Governor is directed by this Constitution to exercise any function in
accordance with the advice of, or after consultation with, any person or authority, the
question whether he or she has so exercised that function shall not be enquired into in any
court of law.

Governor’s special responsibilities
42. (1) The Governor shall be responsible for the conduct (subject to this
Constitution and any other law) of any business of the Government of Anguilla
with respect to the following matters –

(a) external affairs; subject to subsection (4);

(b) defence;

(c) internal security, including the Police Service, without prejudice to section
39; and

(d) the terms and conditions of service of persons holding or acting in public
office, without prejudice to section 80.

(2) For the avoidance of doubt it is declared that any matter which falls outside
the special responsibilities of the Governor set out in subsection (1), or which is
not a function which this Constitution or any other law requires the Governor to
exercise in his discretion, is the responsibility of Ministers.

(3) The Governor, acting after consultation with the Premier, may assign to any
member of the Cabinet responsibility for the conduct, on behalf of the Governor,
of any business in the House of Assembly with respect to any of the matters
mentioned in subsection (1).

(4) The Governor may by directions in writing, delegate, with the prior approval of
a Secretary of State, to the Premier or any other Minister designated by the
Governor on the advice of the Premier such responsibility for matters of external
affairs or internal security as the Governor may think fit upon such terms and
conditions as he or she may impose.

(5) Notwithstanding subsection (3), the Governor shall, by directions in writing,
delegate to the Premier or to any other Minister designated by the Governor on
the advice of the Premier, on the terms and conditions set out in subsection (5),
responsibility for the conduct of external affairs as they relate to any matters that
fall under the portfolios of Ministers, including –

(a) the Caribbean Community, the Organisation of Eastern Caribbean States,
the Association of Caribbean States, the United Nations Economic
Commission for Latin America and the Caribbean, or any other Caribbean
regional organisation or institution;

(b) other Caribbean regional affairs relating specifically to issues that are of
interest to or affect Anguilla;

37 (c) the relationship between Anguilla and St Maarten/ St Martin, St.Barths,
Saba and St.Eustatius in matters of mutual interest;

(d) European Union matters directly affecting the interests of Anguilla.

(6) The terms and conditions referred to in subsection (4) are the following –

(a) separate authority shall be required from or on behalf of a Secretary of
State for the commencement of formal negotiation and the conclusion of
any treaty or other international agreement by the Government of Anguilla,
provided that general authority may be granted in specified matters to
commence the formal negotiation of, and where it is deemed appropriate,
to conclude any such treaty or international agreement;

(b) no understanding or arrangement in the field of foreign policy shall be
signed or supported in the name of the Government of Anguilla without the
prior approval of a Secretary of State;

(c) a formal invitation to a member of government or Head of State of another
country to visit Anguilla shall not be issued without prior consultation with
the Governor;

(d) the costs of any activities in pursuance of subsection (4) shall be borne by
the Government of Anguilla;

(e) the Premier or other Ministers shall keep the Governor fully informed of
any activities in pursuance of subsection (4); and

(f) the Premier or other Minister shall provide to the Governor on request all
papers and information, including the text of any instrument under
negotiation, available to the Premier or other Minister with respect to any
activities in pursuance of subsection (4).

(7) Any matter that is delegated to the Premier or to any other Minister under
subsection (4) shall be performed by the Premier or such other Minister in a
manner that is in the best interests of Anguilla and not prejudicial to the interests
of Her Majesty and, for this purpose, the Governor and the Premier shall from
time to time hold conference to ensure the proper safeguard of those interests.

(8) In the event of any disagreement regarding the exercise of any delegated
authority under subsection (4), the matter shall be referred to a Secretary of
State whose decision on the matter shall be final and whose directions shall be
complied with.

(9) Where the Governor, acting in his or her discretion, determines that the exercise of any
function conferred on any other person or authority (other than the House of Assembly)
would involve or affect any matter mentioned in subsection (1), the Governor may, acting
after consultation with the Premier, give directions as to the exercise of that function, and the
person or authority concerned shall exercise the function in accordance with those
directions.

38

Oaths to be taken by members
43. Every member of the Cabinet and the Secretary to the Cabinet, and every
member of the National Security Council (except the Governor) shall, before
entering upon the duties of his office as a member, or as Secretary to the
Cabinet make before the Governor an oath or affirmation of allegiance in the
form set out in the Schedule to this Constitution and an oath or affirmation for the
due execution of that office in such form as may be prescribed by any law in
force in Anguilla or, if no law in that behalf is for the time being in force, in the
form set out in the Schedule to this Constitution.

CHAPTER 4
THE HOUSE OF ASSEMBLY
House of Assembly
44. (1) There shall be a House of Assembly for Anguilla.

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

(a) the Speaker;

(c) not less than thirteen members elected in the manner provided by law.

Qualifications for elected membership
45.(1) Subject to the provisions of the next following section, a person shall be
qualified to be elected as a member of the House of Assembly if, and shall not be
qualified to be so elected unless, he is a person who —

(i) is an Anguillian of the age of twenty-one years or upwards; and

(ii) is otherwise qualified as a voter under section 53.

(2) Subject to subsections (3) and (4), for the purposes of subsection l (i)
an “Anguillian” is a person who belongs to Anguilla by birth or descent
who was—

(a) born in Anguilla of a father or mother who at the time of the birth
was a British Overseas Territories Citizen (or a British Dependent
Territories Citizen, Citizen of The United Kingdom and Colonies or
British Subject) by virture of birth in Anguilla or by virtue of
descent from a father or mother who was born in Anguilla.

(b) born in Anguilla of a father or mother who at the time of the birth
belonged to Anguilla by birth or descent; or

(c) born outside Anguilla of a father or mother who at the time of the
birth belonged to Anguilla by birth or descent; or

39
(3) A person born outside Anguilla who belongs to Anguilla by descent
shall not be qualified to be elected as a member of the House of
Assembly unless one of his or her grandparents belonged to Anguilla
by birth.

(4) A person, who was born outside Anguilla, who would otherwise
be qualified to be elected a member of the House of
Assembly by virtue of subsection 1(i) shall not be so qualified unless—

(a) where that person has never been domicile in Anguilla, he
has resided in Anguilla for at least five years immediately
before the date of his or her nomination for election; or

(b) where that person was formerly domiciled in Anguilla but lived
outside Anguilla for a continuous period of at least ten years
(excluding periods related to medical or educational purposes),
he has resided in Anguilla for at least three years immediately
before the date of his nomination for election an is domiciled in
Anguilla at that date.

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

(a) holds or is acting in any public office;

(b) is a minister of religion;

(c) is an undischarged bankrupt, having been adjudged or otherwise
declared bankrupt under any law in force in any country;

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

(e) is under sentence of death imposed on him by a court of law in any
country or is under a sentence of imprisonment (by whatever name
called) exceeding twelve months imposed on him by such a court or
substituted by competent authority for some other sentence imposed
on him by such court, provided that the act constituting the offence for
which such sentence was imposed would, if committed in Anguilla,
have constituted an offence under the law of Anguilla; or

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

(2) For the purposes of subsection (1) (e) of this section-

(a) when a person has been sentenced to two or more sentences
of imprisonment that are required to be served consecutively

40 he shall be regarded as having been sentenced to a term of or
exceeding twelve months if (but not unless) any one of those
sentences amounts to or exceeds that term: and

(b) no account shall be taken of a sentence of imprisonment
imposed as an alternative to, or in default of the payment of, a
fine.

Tenure of office of members of Assembly
47. The seat of an elected member of the Assembly shall become vacant—

(a) upon a dissolution of the Assembly;

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

(c) if he ceases to be an Anguillian;

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

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

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

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

Vacation of seat on sentence
48.
(a) If circumstances such as are referred to in s 46(1)(e) arise because a member is
declared bankrupt, adjudged to be of unsound mind, under sentence of death or
imprisonment or convicted or reported guilty of an offence relating to elections and it is open
to the member to appeal against the decision (either with or without the leave of a court or
other authority) that member shall forthwith cease to perform his or her functions as a
member of the House of Assembly, but, subject to paragraph (c), he or she shall not vacate
his or her seat in the House until the expiration of a period of thirty days thereafter.

(b) The Governor, acting in his or her discretion, in the case of the Speaker, in the case of an
elected member, may at the request of the member, from time to time, extend the period of
thirty days to enable the member to pursue an appeal against the decision, save that
extensions of time exceeding in the aggregate one hundred and fifty days shall not be given
without the approval, signified by resolution, of the House of Assembly.

(c) If, on the determination of any appeal, such circumstances as aforesaid continue to exist
and no further appeal is open to the member, or if for any reason, including the refusal of

41
leave to appeal or the expiration of any time limit for entering an appeal, it ceases to be open
to the member to appeal, he or she shall forthwith vacate his or her seat.

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

Leader of the Opposition
49. (1) Subject to the provisions of this section, the Governor may appoint a
Leader of the Opposition.

(2) The Governor shall appoint as Leader of the Opposition—

(a) the member of the Assembly who in the judgement of the Governor, is
the leader of any opposition party whose numerical strength in the
Assembly is greater than that of any other opposition party; or

(b) if there is no such party, the member of the Assembly who in the
judgement of the Governor is best able to command the support of the
members of the Assembly in opposition to the Government; or

(c) if there is no person who in the opinion of the Governor is able to
command the support of the members of the Assembly in opposition
to the Government, then the member in opposition to government
who has the longest period of past service in the Assembly.

(3) If at any time between polling in a general election and the next following
dissolution of the Assembly the Governor is satisfied that, if the office of the
Leader of the Opposition were then vacant, he would appoint thereto a person
other than the person then holding that office, the Governor may revoke the
appointment of the Leader of the Opposition.

(4) The office of the Leader of the Opposition shall also become vacant—

(a) if for any reason other than a dissolution of the Assembly the holder
thereof ceases to be a member of the Council, or

(b) if the holder thereof is appointed as the Premier.

(5) In this section, “opposition party” means a group of members of the Assembly
in opposition to the Government who are prepared to support one of their number
as their leader.

(6) In the exercise of his functions under this section the Governor shall act in his
discretion.

Determination of questions as to membership of Assembly

42 51. (1) Any question whether a person has been validly elected as a member
of the Assembly, or whether an elected member of the Assembly has vacated his
seat therein, shall be determined by the High Court, whose decision shall be final
and not subject to any appeal.

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

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

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

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

(iv) the Attorney-General.

(b) An application to the High Court for the determination of any question
whether an elected member of the Assembly has vacated his seat therein or is
required by virtue of section 48 of this Constitution to cease to perform his
functions as a member may be made by—

(i) any elected member of the Assembly; or

(ii) the Attorney-General.

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

Penalty for sitting or voting in Assembly when unqualified
52. (1) Any person who sits or votes in the Assembly after it has been held by
the High Court that he or she is not entitled to do so shall be liable to a penalty
not exceeding E.C 200.00 for each day upon which he sits or votes.

(2) Any such penalty shall be recoverable by civil action in the High Court at the
suit of the Attorney General.

Qualification of voters
53. (1) Subject to subsection (3), a person shall be qualified to be registered
as a voter for the purposes of elections if, and shall not be so qualified unless, he
or she belongs to Anguilla and on the qualifying date has attained the age of
eighteen years and is domiciled and resident in Anguilla for a period of not less
than twelve months immediately before the qualifying date.

(2) Subject to subsection (3), any person who was qualified to be registered as a voter
immediately before the commencement of this Constitution shall continue to be so qualified
thereafter.

43

(3) No person shall be qualified to be registered as a voter under this section who on the
qualifying date—

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

(b) is disqualified by or under any such law from being registered as a voter for the purposes
of elections by reason of his or her having been convicted of an offence relating to elections;
or

(c) is under sentence of death imposed on him or her by a court or is serving a sentence of
imprisonment (by whatever name called) for a term exceeding twelve months imposed on
him or her by a court or substituted by competent authority for some other sentence imposed
on him or her by a court.

(4) In this section “the qualifying date” means such date as may be appointed by or under
any law in force in Anguilla as the date with reference to which the qualifications of any
person for registration are to be ascertained.

(5) For the purposes of subsection (3)(c)—

(a) two or more sentences of imprisonment that are required to be served consecutively shall
be regarded as separate sentences if none of those sentences exceeds twelve months, but
if any one of those sentences exceeds that term they shall be regarded as one sentence;
and

(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or
in default of the payment of a fine.

Right to vote at elections
54. Any person who is registered as a voter in an electoral district shall, while so
registered, be entitled to vote at any election for that district unless he is
prohibited from so voting by any law in force in Anguilla—

(a) because he is a returning officer; or

(b) because he has been concerned in any offence connected with elections.

Laws as to elections
55. Subject to the provisions of this Constitution, the Legislature may provide for
the following matters, that is to say—

(a) the registration of voters;

(b) the ascertainment of the qualification of voters and of candidates for
election;

((c) the division of Anguilla into electoral districts for the purpose of
elections;

(d) the holding of elections;

44 (e) the determination of any question whether any person has been validly
elected a member of the Assembly or whether the seat of any elected
member in the Assembly has become vacant;

(f) the definition and trial of offences connected with elections and the
imposition of penalties therefore.

CHAPTER 5
POWERS AND PROCEDURE IN HOUSE OF ASSEMBLY

Power to make laws
56. Subject to the provisions of this Constitution, the Legislature shall have
power to make laws for the peace, order and good government of Anguilla.

Rules of procedure
57. (1) Subject to the provisions of this Constitution , the Assembly may from
time to time make, amend and revoke rules of procedure for the regulation and
orderly conduct of its own proceedings and the dispatch of business, and for the
passing, instituting and numbering of Bills for the presentation thereof to the
Governor for assent.

(2) Rules of procedure made under this section may provide for the
establishment of committees of the House of Assembly (in addition to the
Standing Committees to be established under section 65) and for the
proceedings and conduct of business before such committees.

Presiding in Assembly
58. (1) When the Assembly first meets after a general election, or after the
office of Speaker has fallen vacant for any reason other than a dissolution of the
Assembly, and before it proceeds to the dispatch of any other business, the
Assembly shall elect a person to be Speaker of the Assembly.

(2) The Speaker shall be elected from among persons who are qualified for
election to the Assembly but who are not members of the Cabinet.

(3) When the Assembly first meets after a general election and before it proceeds
to the dispatch of any other business except the election of the Speaker, it shall
elect a member of the Assembly other than an elected member to be Deputy
Speaker of the Assembly; and if the office of Deputy Speaker falls vacant for any
reason other than a dissolution of the Assembly, the Assembly shall, as soon as
convenient, elect another such member to that office.

(4) A person shall vacate the office of Speaker or Deputy Speaker—

(a) on dissolution of the Assembly;

(b) if he resigns his office by written notice to the Governor;

45 (c) if a motion for his removal from office receives in the Assembly the
affirmative votes of two-thirds of all the members thereof;

(d) if, being a member of the Assembly, he ceases to be a member for any
reason other than a dissolution of the Assembly or if, by virtue of section
51 of this Constitution, he is required to cease to perform his functions as
a member;

(e) in the case of the Speaker—

(i) if he becomes a member of the Cabinet;

(ii) if, not being a member of the Assembly, any circumstances
arise that would cause him to be disqualified for election as a
member of the Assembly by virtue of section 49(1) of this
Constitution.

(5) The Speaker or, in his absence, the Deputy Speaker or, if they are both
absent, a member of the Assembly elected by the Assembly for that sitting shall
preside at each sitting of the Assembly.

(6) References in subsection (5) of this section to circumstances in which the
Speaker or Deputy Speaker is absent include references to circumstances in
which the office of Speaker or Deputy Speaker is vacant.

Assembly may transact business notwithstanding vacancies
59. The Assembly shall not be disqualified for the transaction of business by
reason of any vacancy in the membership thereof (including any vacancy not
filled when the Assembly is first constituted or is reconstituted at any time) and
any proceedings therein shall be valid notwithstanding that some person who
was not entitled to do so sat or voted in the Assembly or otherwise took part in
those proceedings.

Quorum
60. (1) If at or during any sitting of the House of Assembly a quorum is not
present and any member of the Assembly who is present objects on that account
to the transaction of business and, after such interval as may be prescribed in the
rules of procedure of the Assembly, the person presiding at the sitting ascertains
that a quorum is still not present, he shall adjourn the Assembly.

(2) For the purposes of this section a quorum shall consist of eight of the elected
members of the Assembly.

Voting
61. (1) Save as otherwise provided in this Constitution, all questions proposed
for decision in the Assembly shall be determined by a majority of votes of the
members present and voting.

(2) Only the elected members of the House of Assembly shall be entitled to
vote—

46
(a) in an election of the Speaker or Deputy Speaker;
(b) on a motion on the Order Paper for the removal from office of the
Speaker or Deputy Speaker; or
(c) on a motion on the Order Paper that the House of Assembly should
declare a lack of confidence in the Government of the Anguilla.
(3) The person presiding shall not vote unless on any question the votes are
equally divided in which case he or she shall have and exercise a casting vote;
but where the motion before the House of Assembly is one to which subsection
(2) applies the person presiding shall not have a casting vote unless he or she is
an elected member.
(4) In the event of an equality of votes on any question in respect of subsection
(2) the motion shall be lost.

Summoning of persons to assist Assembly
62. (1) The Speaker or other person presiding may, when in his opinion the
business before the Assembly makes it desirable, summon any person to a
meeting of the Assembly or to any committee of the Assembly notwithstanding
that that person is not a member of the Assembly.

(2) Any person so summoned shall be entitled to take part as if he was a member
in the proceedings of the Assembly or of the committee of the Assembly relating
to the matter in respect of which he was summoned, except that he may not vote.

Introduction of Bills
63. (1) Subject to the provisions of this Constitution and of the rules of
procedure of the Assembly, any member may introduce any Bill or propose any
motion for debate in, or may present any petition to, the Assembly, and the same
shall be debated and disposed of according to the rules of procedure of the
Assembly.

(2) Except on the recommendation of the Minister of Finance, the Assembly shall
not—

(a) proceed upon any Bill (including any amendment to a Bill) which in the
opinion of the person presiding in the Assembly, makes provision for
imposing or increasing any tax, for imposing or increasing any charge on
the revenues or other funds of Anguilla or for altering any such charge
otherwise than by reducing it or for compounding or remitting any debt due
to Anguilla;

(b) proceed upon any motion (including any amendment to a motion) the
effect of which, in the opinion of the person presiding in the Assembly, is
that provision would be made for any of the purposes aforesaid; or

(c) receive any petition which, in the opinion of the person presiding in the
Assembly, requests that provision be made for any of the purposes
aforesaid.

47
Assent to Bills
64 (1) Subject to the provisions of this Constitution, the power of House of
Assembly to make laws shall be exercised by bills passed by Assembly and
assented to by the Governor on behalf of Her Majesty.
(2) When a bill is presented to the Governor for assent in accordance with
this Constitution, he shall signify that he assents thereto.
(3) A bill shall not become law unless it has been duly passed and
assented to in accordance with this Constitution.

Standing Committees
65 (1) Subject to subsection (2), the House of Assembly shall have power to
establish such Standing Committees as it deems necessary for the purpose of
monitoring the conduct of the business of the Government for which
responsibility has been assigned to a minister or Ministers under section 37.

(2) The House of Assembly shall establish at least two Standing Committees of
the House, one of which shall be the Public Accounts Committee referred to at
subsection (6).

(3) Each Standing Committee shall consist of members of the House of
Assembly who are not Ministers.

(4) The composition of each Standing Committee shall, so far as possible,
ensure that the representation of political parties in the Committee is
proportionate to the numerical strength of those parties in the House of
Assembly.

(5) Each Standing Committee shall have power –

(a) to summon any Minister, or any public officer of a department of
government for which a Minister is responsible, to appear before it;

(b) subject to any law or Rules of Procedure, to require any person so
summoned to answer questions and provide information about the
conduct of business of the Government by the Minister or department
concerned;

(c) to report upon its activities to the House of Assembly.

(6) It shall be the duty of the Public Accounts Committee each year to examine
the accounts of the Government of Anguilla and such other accounts laid before
the Assembly as the Committee may decide including the accounts of public

48 undertakings, government companies, statutory corporations and authorities to
satisfy itself that all public monies have been properly disbursed.

(7) Each Standing Committee shall be presided over by a member of the House
of Assembly in opposition to the Government, save for the Public Accounts
Committee which shall be presided over by the Leader of the Opposition.

(8) In the event that the Leader of the Opposition is unwilling or unable to act as
chair of the Public Accounts Committee then the Speaker or a member of the
Assembly in opposition to Government appointed by the Speaker shall chair the
Public Accounts Committee.

(9) The Public Accounts Committee shall have the power to co-opt experts or
enlist the aid of other persons of appropriate expertise, whether or not such
experts or other persons are members of the House of Assembly and in addition
to the powers under subsection (5)(a) to summon such members of the public to
appear before it who in the opinion of the chair may assist the Committee in the
discharge of its functions.

(10) The House of Assembly shall publish reports submitted to it under
subsection (5)(c).

(11) Subject to the foregoing provisions of this section, Rules of Procedure shall
provide for the composition and functions of, and proceedings and conduct of
business before, Standing Committees.

Oath of allegiance
66. Except for the purpose of enabling this section to be complied with, no
member of the Assembly shall be permitted to take part in its proceedings until
he has made before the Speaker an oath of allegiance in the form set out in the
Schedule to the Constitution:

Provided that the election of a Speaker and Deputy Speaker of the Assembly
may take place before the members thereof have made such oath.

Privileges of Assembly and members
67. A law enacted under this Constitution may determine and regulate the
privileges, immunities and powers of the Assembly and its members, but no such
privileges, immunities or powers shall exceed those of the House of Commons of
the Parliament of the United Kingdom or of the members thereof.

Sessions of House of Assembly
68 (1) Subject to the provisions of this Constitution, the sessions of the
Assembly shall be held at such places and at such times as the Governor acting
in accordance with the advice of the premier, may appoint by proclamation
published in the Gazette .

(2) When the House of Assembly is in Session, the Speaker may call meetings
of the house from time to time and, if no meeting has been called sooner, shall
call a meeting within three months of the previous meeting or at any time
requested to do so by a majority of the members of the House.

49
(3) There shall be at least one session of the Assembly in every year, so
however that there shall be an interval of less than twelve months between the
last sitting in one session and the first sitting in the next session.

Prorogation and dissolution
69. (1) The Governor, acting in accordance with the advice of the Premier,
may at any time, by Proclamation published in the Official Gazette, prorogue the
Assembly.

(2) The Governor, acting in accordance with the advice of the Premier, may at
any time, by Proclamation published in the Official Gazette, dissolve the
Assembly.
(3) Where between a dissolution of the Assembly and the next ensuing general
election of members to the Assembly, an emergency arises of such a nature that
in the opinion of the Premier, it is necessary for the Assembly to be summoned
before the general election can be held, the Governor, acting in accordance with
the advice of the Premier, may summon the preceding House of Assembly but
the election of members of the Assembly shall proceed and the Assembly that
has been summoned shall, if not sooner dissolved, again stand dissolved on the
day on which the general election is held.
(4) The Governor shall dissolve the Assembly at the expiration of five years from
the date when the Assembly first meets after any general election unless it has
been sooner dissolved.

General elections
70. There shall be a general election at such time within two months, but not
earlier than twenty-one days, after every dissolution of the Assembly as the
Governor shall by Proclamation appoint.

CHAPTER 6
THE JUDICATURE
Eastern Caribbean Supreme Court

71. The Supreme Court Order 1967(a) shall continue to apply to Anguilla as it applied
immediately before the commencement of this Constitution, and accordingly the High Court
and the Court of Appeal of the Eastern Caribbean Supreme Court shall continue to have
jurisdiction in Anguilla.

Subordinate courts and tribunals

72. There shall be such courts and tribunals in and for Anguilla subordinate to the
Eastern Caribbean Supreme Court, and such courts and tribunals shall have such
jurisdiction and powers, as may be prescribed by any law for the time being in force in
Anguilla.

ORIGINAL JURISDICTION, HIGH COURT CONSTITUTION QUESTIONS.

50
1376. (1) Any person who alleges that any provision of this Constitution (other
than a provision of Chapter I) has been or is being or is likely to be contravened
may, if he has a relevant interest, apply to the High Court for a declaration and
for relief under this section.
(2).The High Court shall have jurisdiction on an application made under this
section to determine whether any provision of this Constitution (other than a
provision of Chapter 2) has been or is being or is likely to be contravened
and to make a declaration accordingly.
(3) Where the High Court makes a declaration under this section that a
provision of this Constitution has been or is being or is likely to be
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 provision, or authorise the making of
provision, with respect to the practice and procedure of the High Court in
relation to the jurisdiction and powers conferred on the court by or under this
section, 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 the contravention of this
Constitution alleged by him is such as to affect his interests.
(6) The rights conferred on a person by this section to apply for a declaration
and relief in respect of an alleged contravention of this 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 or any rule of 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 51 of this
Constitution.
REFERENCE OF CONSTITUTIONAL QUESTIONS TO HIGH COURT.
77. (1) Where any question as to the interpretation of this Constitution arises in
any court of law established for Anguilla (other than the Court of Appeal, the High
Court or a court-martial) and the court is of the opinion that the question involves
a substantial question of law, the court may, and shall if any party to the
proceedings so requests, refer the question to the High Court.
(2) Where any question is referred to the High Court in pursuance of this
section, the High Court shall give its decision upon the question and the court
in which the question arose shall dispose of the case in accordance with that
decision or, if the decision is the subject of an appeal to the Court of Appeal

13 To be discussed

51 or Her Majesty in Council, in accordance with the decision of the Court of
Appeal or, as the case may be, Her Majesty in Council.
Appeals to Her Majesty in Council
78. (1) In the following cases, an appeal shall lie from decisions of the High Court
to the Court of Appeal and thence to Her Majesty in Council as of right, that is to
say—

(a) final decisions, in any civil or criminal proceedings, on questions as to
the interpretation of this Constitution;

(b) final decisions in any civil proceedings where the matter in dispute on
the appeal is of the value of EC$2,500 or upwards or where the appeal
involves, directly or indirectly a claim to or a question respecting
property or a right of the value of EC$2,500 or upwards;

(c) final decisions in proceedings under section 17 of this Constitution;

(d) final decisions in proceedings for dissolution or nullity of marriage; and

(e) in such other cases as may be prescribed by the Legislature.

14[(2) In the following cases, an appeal shall lie from decisions of the High Court
to the Court of Appeal with the leave of the High Court or of the Court of Appeal
and hence to Her Majesty in Council with the leave of the Court of Appeal, that is
to say—
(a) where the decision appealed against is a final decision in civil
proceedings and, in the opinion of the court giving leave, 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 the Court of
Appeal or to Her Majesty in Council, as the case may be; and

(b) in such other cases as may be prescribed by the Legislature.]

(3) The foregoing provisions of this section shall be subject to the provisions of
section 51(1) of this Constitution.

(4) In this section the references to final decisions of a court do not include any
determination thereof that any application made thereto is merely frivolous or
vexatious.

(5) Nothing in this section shall affect any right of Her Majesty to grant special
leave to appeal to Her Majesty in Council from the decision of any court in any
civil or criminal matter.

CHAPTER 7
THE PUBLIC SERVICE
Public Service—General

14 To be discussed

52

Public Service Commission
79. (1) There shall be in and for the Anguilla a Public Service Commission
which shall consist of five members, of whom—
(a) two shall be appointed by the Governor, acting in his discretion;
(b) one shall be appointed by the Governor, acting in accordance with the advice
of the Premier;
(c) one shall be appointed by the Governor, acting in accordance with the advice
of the Leader of the Opposition; and
(d) one shall be appointed by the Governor, acting in accordance with the advice
of the Civil Service Association;
(2) The Governor, acting after consultation with the Premier, shall appoint one
of the five members of the Public Service Commission to be Chairman of the
Commission.
(3) No person shall be qualified to be appointed as a member of the Public
Service Commission if he or she is a member of, or a candidate for election to,
the House of Assembly, or holds or is acting in any public office.
(4) The office of a member of the Public Service Commission shall become
vacant—
(a) at the expiration of three years from the date of his appointment or such
earlier time as may be specified in the instrument by which he or she was
appointed;
(b) if he or she resigns office by writing under his or her hand addressed to the
Governor;
(c) if he becomes a member of, or a candidate for election to, the House of
Assembly or is appointed to or to act in any public office; or
(d) if the Governor directs that he shall be removed from office for inability to
discharge the functions of that office (whether arising from infirmity of body or
mind or any other cause) or for misbehaviour.
(5) If the office of a member of the Public Service Commission is vacant or a
member is for any reason unable to perform the functions of his office, the
Governor, acting in the manner prescribed by subsection (1) for the appointment
of that member, may appoint a person who is qualified for appointment as a
member of the Commission to act as a member of the Commission, and any
person so appointed shall, subject to subsection (4), continue so to act until he
is notified by the Governor that the circumstances giving rise to the appointment
have ceased to exist; but in the case of a vacancy in the office of the Chairman
or the inability of the holder of that office to perform his or her functions, the
functions of the office of Chairman shall be performed by such member of the
Commission or person acting as a member as the Governor, acting after
consultation with the Premier, may designate.
(6) No business shall be transacted at any meeting of the Public Service
Commission if there are less than four members of the Commission present.

53
(7) Any question proposed for decision at any meeting of the Public Service
Commission shall be determined by a majority of the votes of the members
present and voting; and if on any question the votes are equally divided the
Chairman shall defer the matter to a full meeting of the Commission for a
decision.
(8) The Public Service Commission shall be served by a 15[secretariat], the
members of which shall be public officers.
(9) Subject to this Constitution, in the exercise of its functions the Public
Service Commission shall not be subject to the direction or control of any other
person or authority.

Power to appoint, etc., to public offices
80. (1) Power to make appointments to public offices and to remove and to
exercise disciplinary control over persons holding or acting in such offices shall
vest in –

(a) the Governor after consultation with the Premier in relation to the
offices of Deputy Governor and Chief Auditor; and

(b) the Governor –

(i) acting in accordance with the advice of the Teaching Service
Commission in relation to the teaching service; and

(ii) in relation to all other offices in accordance with the advice of
the Public Service Commission,

(2) Power to make appointments to the office of Secretary to the Cabinet is
vested in the Governor, acting in accordance with the advice of the Premier

(3) Whenever occasion arises for making an appointment under subsection (2)
the Public Service Commission shall submit to the Premier a list of persons who
appear to the Commission to be qualified and competent for the appointment and
the Premier shall advise the Governor to appoint a person whose name appears
on the list, provided the Premier may request once an additional list of persons
from the Public Service Commission from which to advise an appointment.

(5) The Premier may from time to time request a report from the Public Service
Commission , the Police Service Commission or the Teaching Service
Commission about the functioning of the public service, the police service or the
teaching service.

(7) This section does not apply to any office to which section 83 applies.

Teaching Service Commission
81. (1) There shall be in and for Anguilla a Teaching Service Commission which
shall consist of three members, of whom –

15 To be discussed

54
(a) two shall be appointed by the Governor, acting in his discretion;

(b) one shall be appointed by the Governor, acting in accordance with the
advice of the Anguilla Teachers Union.

(2) A quorum shall be two members.

Judicial and Legal Services Commission
82.(1) There shall be for Anguilla a Judicial and Legal Services Commission
which shall consist of—

(a) the Chief Justice, who shall be Chairman;

(b) another judge of the Court of Appeal or the High Court nominated by
the Chief Justice.

(c) the Chairman of the Public Service Commission; and

16[(d) two other members appointed by the Governor, acting in accordance
with the advice of the Premier and the Leader of the Opposition who will
each nominate one member, at least one of whom shall be a legal
practitioner.]

17[(2) For the purpose of subsection (1)(d), the Premier and the Leader of the
Opposition shall alternate in nominating a legal practitioner, with the Premier
making the first such nomination upon the commencement of this Constitution,
provided that such nomination shall not be construed as precluding the
nomination of two legal practitioners under subsection (1)(d).]

(5) If the office of a member of the Judicial and Legal Services Commission
appointed under subsection (1)(d) becomes vacant or if such a member is for
any reason unable to perform the functions of that office, the Governor acting in
accordance with the advice of the Premier or the Leader of the Opposition, as the
case may be, may appoint another suitably qualified person to that office for the
unexpired term of the previous holder of the office or until the holder of the office
is able to resume his or her functions.

(6) Any decision of the Judicial and Legal Services Commission shall require
the concurrence of not less than three members of the Commission, and the
Commission shall take its decisions in such form and manner as it may
determine.

(7) In the exercise of its functions, the Judicial and Legal Services Commission –

(a) shall not be subject to the direction or control of any other person or
authority; and

16 To be discussed 17 To be discussed

55 (b) may regulate its own procedure.

Power to appoint, etc, to legal offices
83. (1) Power to make appointments to the offices to which this section applies,
and to remove and to exercise disciplinary control over persons holding or acting
in such offices, shall vest in the Governor, acting in accordance with the advice of
the Judicial and Legal Services Commission appointed under section 82 of this
Constitution.

(2.) This section applies to the offices of –

(a) Attorney-General;

(b) Director of Public Prosecutions;

(c) Magistrate;

(d) Any office in the public service of the Attorney General’s Chambers or of
any Registrar or other officer of the High Court who is required to possess
legal qualifications;

and to such other offices in the public service, for appointment to which persons
are required to possess legal qualifications, as may be prescribed by any law or
Government policy for the time being in force in Anguilla.

(5) No person shall be appointed to the office of Attorney-General unless he is
qualified to be admitted in Anguilla as a legal practitioner and has had at least ten
years practical experience as a legal practitioner.

18[(6) No person shall be appointed to the office of Attorney-General unless he
belongs to Anguilla unless, the Judicial and Legal Services Commission, certifies
that there is no such person who is suitably qualified and able and willing to be
so appointed.]

(7) No person shall be appointed to the office of Director of Public Prosecutions
unless he or she is qualified to be admitted in Anguilla as a legal practitioner and
has had at least seven years practical experience as a legal practitioner.

(8) A person qualified under subsection (7) shall be appointed to act in the office
of Director of Public Prosecutions whenever the office falls vacant and until a
person is appointed substantively to that office, or whenever the holder of that
office is for any reason unable to perform his functions (including by reason of
suspension under subsection (10).

(9) A person holding the office of Attorney-General, Director of Public
Prosecutions or Magistrate may only be removed from office for inability to
discharge the functions of his or her office (whether arising from infirmity of body
or mind or any other cause) or for misbehaviour.

18 To be discussed

56 (10) Where the issue of the removal of the Director of Public Prosecutions from
office has been referred to the Judicial and Legal Services Commission, the
Governor shall suspend the Director of Public Prosecutions from performing the
functions of his or her office pending the outcome of the referral.

Police Service Commission
84. (1) There shall be in and for Anguilla a Police Service Commission which
shall consist of five members, of whom –

(a) one shall be appointed by the Governor, acting in his or her discretion;

(b) one shall be appointed by the Governor, acting in accordance with the
advice of the National Security Council;

(c) one shall be appointed by the Governor, acting in accordance with the
advice of the Premier;

(d) one shall be appointed by the Governor, acting in accordance with the
advice of the Leader of the Opposition; and

(e) one shall be appointed by the Governor, acting after consultation with the
Police Welfare Association.

(2) A quorum shall be four members.

Power to appoint, etc, to offices in the Police Service
19[85. (1) Power to make appointments to offices in the Police Service and to
remove and to exercise disciplinary control over persons holding or acting in
such offices shall vest in the Governor, acting in accordance with the advice of
the Police Service Commission appointed in accordance with section 86 of this
Constitution.

(2) Where the Police Service Commission advises that any person should be
appointed to an office in the Police Service of a rank superior to Chief Inspector,
that advice shall require the approval of the National Security Council before
being submitted to the Governor.

(3) Before exercising the powers vested in the Governor by subsection (1), the
Governor may, acting in his discretion, once refer the advice of the Police
Service Commission back to the Commission for reconsideration by it.]

Legislation regarding Commissions
86. (1) Subject to the provisions of this Constitution, the House of Assembly may
by law make provision for –

19 To be discussed

57 (a) the organisation of the work of a Commission and the manner in which it
performs its functions;

(b) consultation by a Commission with persons or authorities other than its
members;

(c) the protection and privileges of members of a Commission in respect
of the performance of their functions and the privilege of communications
to and from a Commission and its members in the case of legal
proceedings;

(d) the definition and trial of offences in relation to the functions of a
Commission and the imposition of penalties for such offences; and

(e) conferring on a Commission other related functions, without prejudice to
the functions conferred on such Commission by this Constitution.

(2) In this section “Commission” means the Public Service Commission, the
Teaching Service Commission, the Judicial and Legal Services Commission or
the Police Service Commission.
(3) If the Premier represents to the Governor that the question of removing a
member of a Commission, The Attorney General, The Director of Public
Prosecution, The Commissioner of Police, the Magistrate, Registrar or other legal
officer ought to be investigated then-

(a) the Governor shall appoint a tribunal which shall consist of a chairman and
not less than two 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 in 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 the facts thereof to the
Governor and recommend to him whether the member ought to be removed
under this section.

(c) if the question of removal has been referred to a tribunal under this section,
the Governor, acting in accordance with the advice of the relevant commission
or appointing body, may suspend that member or officer from the functions of
his office and any such suspension may at any time be revoked by the
Governor, acting in accordance with such advice as aforesaid, and shall in any
case cease to have effect if the tribunal recommends to the Governor that the
member should not be removed.

Pensions
Applicability of pension law
87. (1) Subject to the provisions of section 89 of this Constitution, the law
applicable to the grant and payment to any officer, or to his widow, children,
dependants or personal representatives, of any pension gratuity or other like
allowance (in this section and the two next following sections referred to as an
“award”) in respect of the service of that officer in a public office shall be that in

58 force on the relevant day or any later law not less favourable to the person
concerned.

(2) For the purposes of this section the relevant day is—

(a) in relation to an award granted before 1st April 1982 the day on which
the award was granted;

(b) in relation to an award granted or to be granted on or after that day to
or in respect of a person who was a public officer before that day, the day
immediately before that day;

(c) in relation to an award granted or to be granted to or in respect of a
person who first becomes a public officer on or after that day, the day on
which he becomes a public officer.

(3) For the purposes of this section, in so far as the law applicable to an award
depends on the option of the person to or in respect of whom it is granted or to
be granted, the law for which he opts shall be taken to be more favourable to him
than any other law for which he might have opted.

Pensions, etc., charged on revenues of Anguilla
88. Awards granted under any law for the time being in force in Anguilla shall be
charged on and paid out of the Consolidated Fund of Anguilla.

Grant and withholding of pensions, etc.
89. (1) The power to grant any award under any pensions law in force in
Anguilla (other than an award to which, under that law, the person to whom it is
payable is entitled as of right), and, in accordance with any provisions in that
behalf contained in any such law, to withhold, reduce in amount or suspend any
award payable under any such law is hereby vested in the Governor acting in his
discretion.

(2) In this section “pension law” means any law relating to the grant to any
person, or to the widow, children, dependants or personal representatives of that
person, of an award in respect of the services of that person in a public office,
and includes any instrument made under any such law.

CHAPTER 8
FINANCE
Consolidated Fund
90. All revenues or other moneys raised or received by or for the purposes of the
Government of Anguilla (not being revenues or other moneys that are payable by
or under any law into some other fund established for any specific purpose or
that may, by or under any law, be retained by the authority that received them for
the purpose of defraying the expenses of that authority) shall be paid into and
form a Consolidated Fund.
Withdrawal of money from Consolidated Fund or other public funds

59
91. (1) No money shall be withdrawn from the Consolidated Fund except on the
authority of a warrant under the hand of the Minister charged with responsibility
for finance (in this Chapter referred to as “the Minister”); but where, in the opinion
of the Governor, acting in his or her discretion, moneys are required to enable
the Governor to discharge his or her responsibilities under section 42, such
moneys may be withdrawn from the Consolidated Fund either—
(a) on the authority of a warrant under the hand of the Minister; or
(b) on the authority of a warrant under the hand of the Governor, acting in his
discretion.
(2) No warrant shall be issued by the Minister for the purpose of meeting any
expenditure unless—
(a) the expenditure has been authorised for the financial year during which the
withdrawal is to take place—
(i) by an Appropriation Act; or
(ii) by a supplementary estimate approved by resolution of the House of
Assembly;
(b) the expenditure has been authorised in accordance with section 93; or
(c) it is expenditure (in this Chapter referred to as “statutory expenditure”) that is
charged on the Consolidated Fund by this Constitution or any other law.
(3) No moneys shall be withdrawn from any public fund other than the
Consolidated Fund unless the issue of those moneys had been authorised by or
under any law.
Authorisation of expenditure
92. (1) The Minister shall cause to be prepared and laid before the House of
Assembly as soon as practicable before the beginning of each financial year
estimates of the revenues and expenditure of Anguilla Virgin Islands for that
year; but if the House is dissolved less than three months before the beginning of
any financial year, the estimates for that year may be laid before the House as
soon as practicable after the beginning of that year.
(2) The heads of expenditure contained in the estimates (other than statutory
expenditure) shall be included in a Bill to be known as an Appropriation Bill which
shall be introduced into the House of Assembly to provide for the issue from the
Consolidated Fund of the sums necessary to meet that expenditure and for the
appropriation of those sums to the purposes specified in it.
(3) If in respect of any financial year it is found—
(a) that the amount appropriated by the Appropriation Act 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 Act; or
(b) that any moneys have been expended for any purpose in excess of the
amount appropriated to that purpose by the Appropriation Act or for a purpose to
which no amount has been appropriated by that Act,
a supplementary estimate, showing the sums required or spent, shall be laid
before the House of Assembly.

60
(4) Where in respect of any financial year any supplementary estimates have
been laid before the House of Assembly in accordance with subsection (3) and
approved by resolution of the House, a Supplementary Appropriation Bill shall, as
soon as practicable after the end of that year, be introduced into the House to
provide for the appropriation to the purposes in question of the sums included in
such estimates that have been expended for that year.
(5) Where in respect of any financial year moneys have been withdrawn from
the Consolidated Fund on the authority of a warrant issued by the Governor by
virtue of section 91(1)(b), the Minister shall, if the circumstances of the case so
require, cause a statement of expenditure in respect of such moneys to be
prepared and laid before the House of Assembly.
Authorisation of expenditure in advance of appropriation
93. If the Appropriation Act in respect of any financial year has not come into
force by the beginning of that financial year, the House of Assembly may by
resolution empower the Minister to authorise the withdrawal of moneys from the
Consolidated Fund for the purpose of meeting expenditure necessary to carry on
the services of the Government of Anguilla until the expiration of four months
from the beginning of that financial year or the coming into force of the
Appropriation Act, whichever is the earlier.
Contingencies Fund
94. (1) The Legislature may by law make provision for the establishment of a
Contingencies Fund and for authorising the Minister to make advances from that
fund if he or she is satisfied that there is an urgent and unforeseen need for
expenditure for which no other provision exists.
(2) When any advance is made from the Contingencies Fund a supplementary
estimate shall, as soon as practicable, be laid before the House of Assembly for
the purpose of authorising the replacement of the amount so advanced.

Public debt
95. (1) All debt charges for which the Government of Anguilla is liable shall be a
charge on the Consolidated Fund or the Debt Service Fund.
(2) For the purposes of this section, debt charges include interest, sinking fund
charges, the repayment or amortisation of debt, and all expenditure in connection
with the raising of loans on the security of the revenues of Anguilla or the
Consolidated Fund and the service and redemption of debt thereby created.
Remuneration of certain officers
96. (1) There shall be paid to the holders of the offices to which this section
applies such salary or other remuneration and such allowances as may be
prescribed by or under any law enacted by the Legislature.
(2) The remuneration and allowances payable or owing to the holders of those
offices shall be a charge on the Consolidated Fund.
(3) The remuneration prescribed in pursuance of this section in respect of the
holder of any such office and his or her other terms of service (other than
allowances that are not taken into account in computing, under any law in that

61
respect, any pension payable in respect of his or her service in that office) shall
not without the consent of that person be altered to his or her disadvantage after
his or her appointment.
(4) Where a person’s remuneration or other terms of service depend upon his
or her option, the remuneration or terms for which he or she opts shall, for the
purpose of subsection (3), be deemed to be more advantageous to that person
than any others for which he or she might have opted.
(5) This section applies to the offices of Deputy Governor, Chairman or other
member of the Public Service Commission, the Teaching Service Commission,
the Judicial and Legal Services Commission and the Police Service Commission,
Attorney General, Director of Public Prosecutions, Magistrate, Auditor General,
Complaints Commissioner and Registrar of Interests.
The Auditor General
97. (1) There shall be an Auditor General whose office shall be a public office.
(2) The accounts of the House of Assembly and all Government departments
and offices (including the Public Service Commission, the Teaching Service
Commission, the Police Service Commission and such other body as may be
designated by law) shall be audited and reported on annually by the Auditor
General, and for that purpose the Auditor General or any person authorised by
him or her shall have access to all books, records, returns and other documents
relating to such accounts.
(3) The Auditor General shall submit his or her reports made under subsection
(2) to the Minister who shall, within three months of the receipt of the reports,
cause them to be laid before the House of Assembly.
(4) In the exercise of his or her functions under this section, the Auditor
General shall not be subject to the direction or control of any other person or
authority.

CHAPTER 9

THE COMPLAINTS COMMISSIONER AND REGISTER OF INTERESTS

The Complaints Commissioner
98. (1) There shall be a Complaints Commissioner for Anguilla.
(2) The Complaints Commissioner shall be appointed by the Governor, acting
after consultation with the Premier and the Leader of the Opposition, by
instrument under the public seal.
(3) No person shall be qualified to be appointed as Complaints Commissioner
if he or she is or has been within the preceding three years—
(a) an elected member of the House of Assembly; or
(b) the holder of any office in any political party.
(4) The office of the Complaints Commissioner shall become vacant—
(a) at the expiration of the period specified in the instrument by which he was
appointed;

62
(b) if he resigns office by writing under his or her hand addressed to the
Governor;
(c) if he she becomes an elected member of the House of Assembly or the holder
of any office in any political party; or
(d) if the Governor directs that he shall be removed from office for inability to
discharge the functions of the office (whether arising from infirmity of body or
mind or any other cause) or for misbehaviour, or for contravention of subsection
(5).
(5) Subject to such exceptions as the Governor, acting in his or her discretion,
may authorise by directions in writing, the Complaints Commissioner shall not
hold any other office of emolument either in the public service or otherwise nor
engage in any occupation for reward other than the duties of his or her office.
Functions of Complaints Commissioner
99. (1) The Complaints Commissioner shall have such functions and jurisdiction
as may be prescribed by law.
(2) In the exercise of his functions, the Complaints Commissioner shall not be
subject to the direction or control of any other person or authority.

Registration of interests
100. (1) There shall be an Interests Commissioner for Anguilla who shall
maintain a Register of Interests.

(2) The Interests Commissioner shall be appointed, and may be removed from
office, by the Governor acting in his discretion.

(3) It shall be the duty of any person to whom this section applies to declare to
the Commissioner, for entry in the Register of Interests, such interests, assets,
income and liabilities of that person, or any other person connected with him or
her, as may be prescribed by law.

(4) A person shall make a declaration under subsection (2) upon assuming the
functions of his or her office and at such intervals thereafter (being no longer than
twelve months) as may be prescribed by law.

(5) This section applies to all members of the House of Assembly (including
Ministers) and the holders of such other offices (except that of Governor) as may
be prescribed by law.

(6) A law made under this Constitution may make further provision for giving
effect to this section, including the sanctions which may be imposed for a failure
to comply with, or the making of false statements in purported compliance with,
subsections (2) and (3) and, notwithstanding anything contained in Chapter 5,
the sanctions which may be imposed may include the suspension of a member of
the House of Assembly for such period as may be prescribed in such a law.

General provisions relating to Commissioners
101. (1) Subject to any specific provision made above, the following shall apply to
any Commissioner appointed under this Constitution.

63
(2) Subject to s 100(2) a Commissioner shall be appointed by the Governor,
acting after consultation with the Premier and the Leader of the Opposition, by
instrument under the public seal.

(3) No person shall be qualified to be appointed as a Commissioner if he or she
has been within the preceding three years –

(a) an elected member of the House of Assembly; or

(b) the holder of any office in any political party.

(4) The office of a Commissioner shall become vacant –

(a) at the expiration of the period specified in the instrument by which he or
she was appointed;

(b) if he or she resigns office by writing under his or her hand addressed to
the Governor;

(c) if he or she becomes an elected member of the House of Assembly or the
holder of any office in any political party; or

(d) if the Governor directs that he or she shall be removed from office for
inability to discharge the functions of the office (whether arising from
infirmity of body or mind) or for misbehaviour, or for contravention of
subsection (5).

(5) Subject to such exceptions as the Governor, acting in his or her discretion,
may authorise by directions in writing, a Commissioner shall not hold an other
office of emolument either in the public service or otherwise nor engage in any
occupation for reward other than the duties of his or her office.

(6) In the exercise of his functions, a Commissioner shall not be subject to the
direction or control of any other person or authority.

(7) There shall be charged on the revenues of Anguilla and paid thereout to
every Commissioner such emoluments as may be prescribed by any law for the
time being in force in Anguilla:

Provided that the emoluments of a member of the Commission shall not be
reduced during his continuance in office.

(8) Each Commissioner shall report annually to the House of Assembly on the
performance of his office.

(10) The House of Assembly shall within one month of receipt of each annual
report publish it in a widely accessible form.

64 CHAPTER 10
CROWN LANDS

Grants of Land
102. (1) Subject to subsection (4) and the provisions of any law for the time
being in force in Anguilla, the Governor or the Minister when duly authorised by
the Governor in writing under his hand may, in Her Majesty’s name and on Her
behalf, make and execute under the public seal grants and dispositions of any
land or other immovable property within Anguilla or interests in such property
that are vested in Her Majesty for the purposes of the Government of
Anguilla; but any such grant or disposition shall require the prior approval
of the Cabinet.

(2) The Minister shall have responsibility for administering all lands and
other property referred to in subsection (1).

(3) In this section “the Minister” means the Minister charged with
responsibility for Crown Lands.

(4) No Crown land in Anguilla in excess of one acre may be sold, leased,
charged, exchanged, or otherwise disposed of without a resolution of the
House of Assembly authorising the transaction.

CHAPTER 11
MISCELLANEOUS

Public Seal
103. The Governor shall keep and use the public seal for sealing all things that
are required to be sealed.

Governor’s power of pardon
104. Subject to any Instructions given to him by Her Majesty under Her Sign
Manual and Signet, the Governor may, in Her Majesty’s name and on Her
behalf—

(a) grant to any person concerned in the commission of any offence for
which he may be tried in Anguilla, or to any person convicted of any
offence under any law in force in Anguilla, a pardon, either free or subject
to lawful conditions;

(b) grant to any person so convicted a respite, either indefinite or for a
specified period, of the execution of any sentence passed on him in
respect of the conviction;

(c) substitute a less severe form of punishment for that imposed on any
such person by any such sentence; or

(d) remit the whole or any part of any such sentence or of any penalty or
forfeiture due to Her Majesty by reason of the conviction.

65
(2) In the exercise of the powers conferred on the Governor by this section,
the Governor shall act in his own discretion but shall first consult the
Cabinet unless in any particular case the matter is in his judgement too
urgent to permit such consultation.

Belonger Status
105. (1) There shall be an Anguillian Belonger Status Commission (hereinafter
referred to as the Commission) the composition and function of which shall,
subject to the provision of this section be prescribed by law.

(2) For the purposes of this Constitution a person shall be regarded as
belonging to Anguilla if that person-

(a) is born in Anguilla and at the time of the birth his father or mother is or
was a British Overseas Territories Citizen (or a British Dependent
Territories Citizen, Citizen of The United Kingdom and Colonies or
British Subject) by virtue of birth, registration or naturalization in Anguilla
or by virtue of descent from a father or mother who was born in Anguilla;

(b) is born outside Anguilla of a father or mother who is a British Overseas
Territories Citizen (or a British Dependent Territories Citizen, Citizen of
The United Kingdom and Colonies or British Subject) by virtue of birth in
Anguilla or descent or who belongs to Anguilla by virtue of birth in
Anguilla or descent;

(c) is a person born in or outside of Anguilla with a grandparent
who was born in Anguilla and who belongs to Anguilla by birth or
descent or who, if deceased, would if alive, so belong to Anguilla; or

(d) is a child adopted in Anguilla by a person who belongs to Anguilla by
birth or descent;

20[ (e) is domicile in Anguilla, has been ordinarily resident in Anguilla for not
less than 15 years, and has been granted belonger status by the
Commission.; Such a person must apply to the Anguilla Belonger Status
Commission for a grant of Anguillian belonger status, which grant may
be withdrawn at any time on conviction of an indictable offence.

(f) is a person who is married to a belonger for a period of not less than 7
years. Such person must apply to the Anguilla Belonger Status
Commission for a grant of belonger status, which grant may be
withdrawn at any time on conviction of an indictable offence,]

(g) Was born outside Anguilla and has satisfied the Commission that his
father or mother was born in Anguilla and is regarded (or if deceased,
would if alive be regarded) as belonging to Anguilla by virtue of this
subsection;

20 To be discussed

66
(h) a person with a great-grandparent who was born in Anguilla and who is
regarded as being a belonger by virtue of this or any previous
Constitution, provided that person has been living (i.e. physically present)
in Anguilla for a continuous period of 5 years and his absences from
Anguilla do not exceed a total of ninety (90) days in each of those years,
save for good and sufficient cause. Such a person must apply to the
belonger Status Commission for a grant of belonger status, which grant
may be withdrawn at any time on conviction of an indictable offence.

(3) An application for belonger status under subsection (2) (e) (f) (g) and (h)
of this section may be refused in any case in which the Commission is
satisfied that there are reasonable grounds for refusing the application in the
interests of defence, public safety, public morality or public order.
(4) There shall be such provision as may be made by the Legislature for
depriving of his citizenship any person who is a citizen by virtue of registration
if such registration as a citizen was obtained by false representation or fraud
or willful concealment of material facts or if he is convicted in Anguilla of an
indictable offence.
Provided that any law enacted for the purposes of paragraph 4 of this
subsection shall include provisions under which the person concerned
shall have a right of appeal to a court of competent jurisdiction or other
independent authority and shall be permitted to have legal representation
of his own choice.

INTERPRETATION

106. Interpretation
(1) In this Constitution, unless it is otherwise provided or required by the
context –

“Assembly” means the House of Assembly;

“the Chief Justice” means the Chief Justice of the Eastern Caribbean Supreme
Court;

“the Court of Appeal” means the Court of Appeal established by the Supreme
Court Order 1967;

“dollars” means dollars in the currency of Anguilla or the Eastern Caribbean
Currency Authority;

“election” means election of an elected member of the House of Assembly and
“general election” shall be construed accordingly;

“functions” includes jurisdictions, powers and duties;

67
“the Gazette” means the official Gazette of Anguilla;

“the High Court” means the High Court established by the Supreme Court Order
1967;

“law” includes any instrument having the force of law made in exercise of a
power conferred by a law;

“legal practitioner” means a person qualified as a legal practitioner as prescribed
by law;

“legal representative” means a person qualified as a legal practitioner;

“public office” means, subject to section 3, any office of emolument in the public
service;

“public officer” means the holder of any public office and includes any person
appointed to act in any such office;

“public service” means the service of the Crown in a civil capacity in respect of
the government of Anguilla;

“session”, in relation to the House of Assembly, means the sittings of the House
commencing when the House first meets after being constituted by this
Constitution, or after its prorogation or dissolution at any time, and terminating
when the House is next prorogued or is dissolved without having been
prorogued;

“sitting”, in relation to the House of Assembly, means a period during which the
House is sitting continuously without adjournment and includes any period during
which the House is in committee.

(2) In this Constitution, unless it is otherwise provided or required by the context,
any reference to the holder of an office by a term designating or describing his or
her office shall be construed as including a reference to any person who, under
and to the extent of any authority in that respect, is for the time being performing
the functions of that office.

References to public office
2. (1) For the purposes of this Constitution, a person shall not be considered
to hold a public office by reason only that –

(a) he is in receipt of a pension or other like allowance in respect of
public service; or

(b) he or she is in receipt of any remuneration or allowances in respect of
his or her tenure of the office of Minister, Speaker, Deputy Speaker or
Member of the House of Assembly, or member of the Public Service
Commission, the Teaching Service Commission, the Judicial and Legal
Services Commission, or the Police Service Commission.

68
(2) References in section 46 and Chapter 7 to public offices shall not be
construed as including references to –

(a) the office of a member of any board, committee or other similar
body (whether incorporated or not) established by any law in force
in Anguilla; or

(b) any office of emolument under any local government council or
authority in Anguilla.

Appointments
3. (1) In this Constitution, unless it is otherwise provided or required by the
context, any reference to power to make appointments to any office shall be
construed as including a reference to power to make appointments on promotion
or transfer to that office and the power to appoint a person to perform the
functions of that office during any period when it is vacant or the holder of it is
unable (whether by reason of absence or infirmity of body or mind or any other
cause) to perform those functions.

(2) Where by this Constitution any person is directed, or power is conferred on
any person or authority to appoint a person, to perform the functions of an office
if the holder of that office is unable to perform those functions, the validity of any
performance of those functions by the person so directed or of any appointment
made in exercise of that power shall not be called in question in any court on the
ground that the holder of the office is not unable to perform the functions of that
office.

(3) Where this Constitution vests in any person power to make appointments to
any office, a person may be appointed that office, notwithstanding that some
other person may be holding that office, when that other person is on leave of
absence pending relinquishment of that office; and where two 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 on the holder of
that office, the person last appointed to the office shall be deemed to be the sole
holder of the office.

Re-election or reappointment
4. Any person who has vacated his or her seat in the House of Assembly or
has vacated any office constituted by or under this Constitution may, if qualified,
again be elected as a member of the House or appointed to that office, as the
case may be, from time to time in accordance with this Constitution.

Removal from office
5. In this Constitution, unless it is otherwise provided or required by the
context, any reference to power to remove a public officer from office shall be
construed as including a reference to a power conferred by any law to remove or
permit that officer to retire from the public service.

Resignation

69 6. For the purposes of this Constitution, the resignation of the holder of any
office that is required to be addressed to any person shall have effect from the
time that it is received by that person, unless otherwise specified in the letter of
resignation.

Power to amend or revoke instruments
7. Where any power is conferred by this Constitution to make any
proclamation, order or regulations or to give any directions, the power shall be
construed as including a power exercisable in like manner to amend or revoke
any such proclamation, order, regulations or directions.

CHAPTER 2

THE SCHEDULE TO THE CONSTITUTION
FORMS OF OATHS AND AFFIRMATIONS

1. Oath of Allegiance
I ………..………………………………………………………………………………………….. do
swear that I will
be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second,
Her Heirs and
Successors, according to law. So help me God.
2. Oath for due execution of office
I ……………………………….……..………………………………………………………….. do
swear that I will
well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and
Successors, in the office
(here insert the description of the office). So help me God.
3. Affirmations
In the forms above respectively set forth, for the word “swear” there shall be
substituted the words
“solemnly and sincerely affirm and declare”, and the words “So help me God”
shall be omitted.

___________
Transitional provisions (To be formulated)
26. (2) The person who, immediately before the commencement of this Order,
holds the office of Speaker of the Assembly shall be deemed, on and after such
commencement, to have been elected to that office in accordance with section xx
of the Constitution as amended by this Order.

70
Addendum

*For future discussion by the Committee working on the
Draft Constitution

PART V
POWERS AND PROCEDURE OF HOUSE OF ASSEMBLY
Power to make laws
59. Subject to this Constitution, the Governor with the advice and consent of the
House of Assembly may make laws for the peace, order and good government of
Anguilla.

Standing Orders of House of Assembly
60.-(1) Subject to this Constitution and to any Instructions under Her Majesty’s
Sign Manual and Signet, the House of Assembly may make, amend and revoke
Standing Orders for the regulation and orderly conduct of its own proceedings,
and for the passing, instituting and numbering of bills and their presentation to
the Governor for assent, but such Standing Orders shall not have effect until
approved by the Governor.

(2) Standing Orders made under this section may provide for the establishment
of committees of the House of Assembly (in addition to the Standing Committees
to be established under section (61) and for the proceedings and conduct of
business before any such committees.

Standing Committees
61.-(1) The House of Assembly shall establish at least two Standing Committees
of the House, each of which shall be charged with responsibility for monitoring
the conduct of business of the Government for which responsibility has been
assigned to a Minister or Ministers under section 32(1).

(2) Each Standing Committee shall consist of members of the House of
Assembly who are not Ministers.

(3) The composition of each Standing Committee shall, so far as possible,
ensure that the representation of political parties in the Committee is
proportionate to the numerical strength of those parties in the House of
Assembly.

(4) At least one Standing Committee shall be presided over by a member of the
House of Assembly in opposition to the Government.

(5) Each Standing Committee shall have power-

(a) to summon any Minister, or any public officer of a department of government
for which a Minister is responsible, to appear before it;

71 (b) subject to any law or Standing Orders, to require any person so summoned to
answer questions and provide information about the conduct of business of the
Government by the Minister or department concerned;

(c) to report upon its activities to the House of Assembly.

(6) The House of Assembly shall publish reports submitted to it under subsection
(5){c). 34

(7) Subject to the foregoing provisions of this section, Standing Orders shall
provide for the composition and functions of, and proceedings and conduct of
business before, Standing Committees.

Oaths by members of House of Assembly
62. No member of the House of Assembly shall be permitted to take part in the
proceedings of the House, other than proceedings necessary for the purposes of
this section, until he or she has made and subscribed before the House an oath
of allegiance in the form set out in the Schedule to this Constitution; but the
election of a Speaker and Deputy Speaker may take place before the members
of the House make such oath.

Presiding in House of Assembly
63.-(1) The Speaker or, in his or her absence, the Deputy Speaker or, if they are
both absent, an elected or appointed member of the House of Assembly (not
being a member of the Cabinet) elected by the elected and appointed members
of the House, shall preside in the House.

(2) References in this section to absence of the Speaker or the Deputy Speaker
shall include circumstances in which either office is vacant.

Voting
64.-(1) Save as otherwise provided in this Constitution, all questions proposed for
decision in the House of Assembly shall be determined by a majority of the votes
of the members present and voting.

(2) The person presiding shall not vote unless on any question the votes are
equally divided in which case he or she shall have and exercise a casting vote if,
but not unless, in the case of the Speaker, he or she is an elected or appointed
member.

Validity of proceedings
65. The House of Assembly shall not be disqualified for the transaction of any
business by reason of any vacancy in its membership (including any vacancy not
filled when the House is first constituted or is reconstituted at any time), and any
proceedings in the House shall be valid notwithstanding that some person who
was not entitled to do so voted or otherwise took part in the proceedings of the
House.
Quorum
66.-(1) A quorum of the House of Assembly shall be eight members not including
the person presiding, of whom five are elected members.

72 (2) If at any sitting of the House of Assembly any member who is present draws
the attention of the person presiding at the sitting to the absence of a quorum
and, after such interval as may be prescribed in Standing Orders, the person
presiding at the sitting ascertains that a quorum of the House is still not present,
the House shall be adjourned.

Introduction of bills, etc
67.-(1) Subject to this Constitution and to Standing Orders, any member may
introduce any bill or propose any motion for debate in, or may present any
petition to, the House of Assembly, and the same shall be debated and disposed
of according to Standing Orders.

(2) Except upon the recommendation of a Minister, the House of Assembly shall
not-

(a) proceed upon any bill (including any amendment to a bill) which, in the
opinion of the person presiding in the House, makes provision for imposing or
increasing any tax, for imposing or increasing any charge on the revenues or
other funds of Anguilla or for altering any such charge otherwise than by reducing
it, or for compounding or remitting any debt due to Anguilla; or

(b) proceed upon any motion (including any amendment to a motion) the effect of
which in the opinion of the person presiding in the House is that provision would
be made for any of the purposes aforesaid.
Governor’s reserved power
68.-(1) If the Governor considers it urgently necessary, for the purpose of
securing compliance with an international obligation, that any bill introduced, or
any motion to which this section applies proposed, in the House of Assembly
should have effect, then, if the House fails to pass the bill or carry the motion
within such time and in such form as the Governor thinks fit, and notwithstanding
any provisions of this Constitution or any other law or any Standing Orders, the
Governor may declare that such bill or motion shall have effect as if it had been
passed or carried by the House, either in the form in which it was introduced
or proposed or with such amendments as the Governor thinks fit which have
been moved or proposed in the House or any committee of the House; and such
bill or motion shall be deemed thereupon to have been so passed or carried, and
the provisions of this Constitution and, in particular, the provisions relating to
assent to bills and disallowance of laws, shall have effect accordingly.

(2) The Governor shall not make any declaration under this section except in
accordance with the following conditions-

(a) the question whether the declaration should be made shall first be submitted
in writing by the Governor to the Cabinet and if, upon the question being so
submitted to it, the Cabinet advises the Governor that the declaration should be
made, the Governor may make the declaration;

(b) if, when the question whether the declaration should be made is submitted to
it as aforesaid, the Cabinet does not, within such time as the Governor thinks
reasonable and expedient, advise the Governor that the declaration should be
made, then the Governor may submit the said question to a Secretary of State

73 and may make the declaration if, upon the question being so submitted to him, a
Secretary of State authorizes the Governor to make the declaration.

(3) If any member of the Cabinet so desires, he or she may, within thirty days of
the date of the making of a declaration under this section, submit to the Governor
a statement in writing of his or her comments on the making of such declaration,
and the Governor shall forward such statement, or a copy of it, as soon as
practicable to a Secretary of State.

(4) This section applies to any motion-

(a) relating to or for the purposes of a bill;

(b) proposing or amending a resolution which, if passed by the House of
Assembly, would have the force of law; or

(c) proposing or amending a resolution upon which the coming into force or
continuance in force of any subsidiary instrument depends.

(5) For the purposes of this section, a bill shall be validly introduced, and a
motion shall be validly proposed, if it is introduced or proposed by anyone
member of the House of Assembly.

(6) The powers conferred upon the Governor by subsections (1) and (2) shall be
exercised by the Governor in his or her discretion.

Assent to bills
69.-(1) A bill shall not become a law until-

(a) the Governor has assented to it in Her Majesty’s name and on Her Majesty’s
behalf and has signed it in token of his or her assent; or

(b) Her Majesty has given Her assent to it through a Secretary of State and the
Governor has signified Her assent by proclamation published in the Gazette.

(2)When a bill is presented to the Governor for his or her assent, the Governor
shall, subject to this Constitution and to any Instructions addressed to him or her
under Her Majesty’s Sign Manual and Signet or through a Secretary of State,
declare that he or she assents, or refuses to assent, to it, or that he or she
reserves the bill for the signification of Her Majesty’s pleasure; but the Governor
shall reserve for the signification of Her Majesty’s pleasure-

(a) any bill which in his or her judgement is in any way repugnant to, or
inconsistent with, this Constitution; and

(b) any bill which determines or regulates the privileges, immunities or powers of
the House of Assembly or of its members, unless he or she has been authorised
by a Secretary of State to assent to it.

Return of bills by Governor

74 70. The Governor may return to the House of Assembly any bill presented to him
or her for his or her assent, transmitting with it any amendments which he or she
may recommend, and the House shall deal with such recommendation.

Disallowance of laws
71.-(1) Any law to which the Governor has given his or her assent may be
disallowed by Her Majesty through a Secretary of State.

(2)Whenever a law has been disallowed by Her Majesty the Governor shall, as
soon as practicable, cause notice of the disallowance to be published in the
Gazette and the law shall be annulled with effect from the date of the publication
of that notice.

(3) Section 16(1) of the Interpretation Act 1978(a) shall apply to the annulment of
any law under this section as it applies to the repeal of an Act of Parliament, save
that any enactment repealed or amended by or in pursuance of that law shall
have effect as from the date of the annulment as if that law had not been made.

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