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The Constitution of Tuvalu

THE CONSTITUTION OF TUVALU
ARRANGEMENT OF SECTIONS

The Preamble
PART I
THE STATE AND THE CONSTITUTION
Division I – The State

1. The State
2. The area of Tuvalu Division 2 – The Constitution

3. The Constitution as supreme law
4. Interpretation of the Constitution
5. Jurisdiction of the High Court in constitutional matters
Division 3 – Alteration of the Constitution

6. Interpretation of Division 3
7. Alteration of the Constitution generally
8. Alteration of the Constitution to give effect to UK constitutional change

PART II
BILL OF RIGHTS

Division I – Preliminary

9. Interpretation of Part II – “court”
Division 2 – The Principles of the Bill of Rights

10. Freedom under law
11. The fundamental human rights and freedoms
12. Application of Part II
13. The Principles of the Preamble
14. Parliamentary declarations of purpose
15. “Reasonably justifiable in a democratic society ”
Division 3 – Protection of the Fundamental Rights a nd Freedoms
Subdivision A – Protection Generally

16. Life
17. Personal liberty
18. Slavery and forced labour
19. Inhuman treatment
20. Property rights
21. Privacy of home and property
22. Protection of law

23. Freedom of belief
24. Freedom of expression
25. Freedom of assembly and association
26. Freedom of movement
27. Freedom from discrimination
28. Other rights and freedoms Subdivision B – Special Exceptions

29. Protection of Tuvaluan values etc.
30. Provisions relating to certain officials
31. Disciplined forces of Tuvalu
32. Foreign disciplined forces
33. Hostile disciplined forces Division 4 – Public Emergencies

34. Interpretation of Division – “period of public emergency”
35. Declaration of public emergency
36. Restrictions on certain rights and freedoms dur ing public emergencies
37. Detention during public emergencies Division 5 – Enforcement of the Bill of Rights

38. Application for enforcement of the Bill of Righ ts
39. Questions as to the Bill of Rights arising in s ubordinate courts
40. Jurisdiction of the High Court as to the Bill o f Rights
41. Appeals as to the Bill of Rights
42. Additional powers of the High Court as to the B ill of Rights

PART III
CITIZENSHIP

43. Interpretation of Part III
44. Initial citizenship under the Constitution
45. Citizenship by birth under the Constitution
46. Citizenship by marriage under the Constitution
47. Laws as to citizenship
PART IV
THE SOVEREIGN AND THE GOVERNOR-GENERAL

Division I – The Sovereign
48. The Sovereign of Tuvalu
49. Succession to the Crown Division 2 – Functions of the Head of State
50. The office of Head of State
51. Functions, etc, of the Head of State generally
52. Performance of functions by the Head of State

53. Failure by the Head of State to act Division 3 – The Governor-General
54. Establishment of office of Governor-General
55. Appointment, etc., of the Governor-General
56. Acting Governor-General
57. Oaths and affirmations by the Governor-General, etc.
58. Performance of functions by the Governor-Genera l
59. Provision to the Governor-General of informatio n as to the conduct of government
60. Performance of certain ceremonial, etc., functi ons

PART V
THE EXECUTIVE

Division 1 – The Executive Authority of Tuvalu

61. Vesting of the executive authority Division 2 – The Ministers

62. Offices of Ministers
63. The Prime Minister
64. Removal from office of an incapacitated Prime M inister
65. Suspension of Prime Minister
66. Effect of removal or suspension of Prime Minist er
67. The other Ministers
68. Acting Prime Minister
69 Acting Ministers
70. Conditions of acting appointments to Ministeria l offices
71. Caretaker governments
72. Oaths and affirmations by Ministers Division 3 – The Cabinet

73. Establishment of the Cabinet
74. Functions of the Cabinet
75. Assignment of responsibilities to Ministers
76. Proceedings in Cabinet
77. Validity of executive acts Division 4 – Officers Associated with the Cabinet

78. The Secretary to Government
79. The Attorney-General Division 5 – The Power of Mercy
80. Commutation, etc., of sentences
PART VI
PARLIAMENT AND LAW -MAKING

Division 1 – Parliament

81. Establishment of Parliament
82. Composition of Parliament
83. Principles of electoral apportionment Division 2 – The Law-Making Power

84. Vesting of the law-making power
85. Delegated legislation
86. Manner of exercise of the law-making power Division 3 – Membership of Parliament Subdivision A – Elections

87. Nature of elections
88. Holding of elections
89. Electoral laws Subdivision B – Electors
90. Right to vote
91. Qualifications for registration
92. Disqualification from registration Subdivision C – Candidates

93. Candidature
94. Qualifications for election
95. Disqualification from election Subdivision D – Members

96. Tenure of office
97. Disclosure of interest
98. Vacation of seat on sentence
99. Recall of incapacitated member Subdivision E – Miscellaneous

100. Questions as to membership of Parliament
101. Sitting, etc., while unqualified
102. Calculation of sentences Division 4 The Speaker

103. Establishment of the office of Speaker
104. Election of the Speaker
105. Tenure of office of the Speaker
106. Functions of the Speaker
107. Acting Speaker Division 5 – Procedures in Parliament

108. Rules of Procedure
109. Quorum of Parliament
110. Voting in Parliament
111. Procedure on Bills, etc. Division 6 – Miscellaneous

112. Oath and affirmation of members of Parliament
113. Validity of proceedings in Parliament
114. Privileges of Parliament
115. Clerk of Parliament and other officers Division 7 – Summoning, Dissolution, etc.
116. Meetings of Parliament
117. Prorogation of Parliament
118. Dissolution of Parliament
PART VII
THE COURTS
Division I – General

119. The judicial system Division 2 – The High Court
Subdivision A – Establishment, etc.

120. Establishment of the High Court
121. Composition of the High Court
122. The Chief Justice of Tuvalu
123. Other Judges
124. Qualifications of Judges
125. Remuneration. etc., of Judges
126. Tenure of office of Judges
127. Removal of Judges from office
128. Suspension of Judges
129. Completion of pending matters Subdivision B – Jurisdiction

130. Jurisdiction of the High Court generally
131. Constitutional interpretation
132. Appellate jurisdiction of the High Court
133 Other jurisdiction, etc., of the High Court Division 3 – The Court of Appeal

134. Establishment of the Court of Appeal
135. Jurisdiction of the Court of Appeal

Division 4 – The Sovereign in Council

136. Jurisdiction of the Sovereign in Council
PART VIII
PUBLIC EMPLOYMENT

Division I – General

137. Interpretation of Part VIII- “personnel matter”
138. Application of Part VIII
139. The State Services
140. Creation, etc., of offices, etc., in State Ser vices
141. Appointments subject to approval, etc.
142. Localization Division 2 – The Public Service Commission

143. Establishment of the Commission
144. Composition of the Commission
145. Appointment of members of the Commission
146. Remuneration, etc., of members of the Commissi on
147. Tenure of office of members of the Commission
148. Exclusion of members of the Commission from ce rtain employment
Division 3 – General Functions of the Public Servic e Commission

149. Functions of the Commission
150. Independence of the Commission
151. Appeals within State Services
152. Procedures, etc., of the Commission
153. Delegation by the Commission Division 4 – Personnel Functions

154. Application of Division
155. The Public Service
156. Magistrates
157. The Police Force
158. Secretaries to Ministries
159 Special cases of appointments Division 5 – Removal, etc., of Certain Officials

160 Interpretation of Division 5- “the appropriate authority”
“member of the appropriate authority”
161. Application of Division 5
162. Removal of prescribed officials from office
163. Suspension of prescribed officials
164. Contract employment

PART IX
FINANCE

Division 1 – Parliament and Finance

165. Parliamentary responsibility for finance
166. Executive initiative
167. The Consolidated Fund
168. Accounting, etc., for public money
169. Remuneration of certain officials Division 2 – The Auditor-General

170. Establishment of the office of Auditor-General
171. Independence of the office of Auditor-General
172. Functions of the Auditor-General
PART X
TRANSITIONAL
173. Transitional provisions
SCHEDULES-

SCHEDULE I—Rules for the Interpretation of the Cons titution

1. Application of Schedule I
2. General definitions-
“act”
“Act” or “Act of Parliament”
“alteration”
“appropriation”
“Appropriation Bill”
“the Attorney-General”
“the Auditor-General”
“Bill”
“bye-election”
“caretaker government”
“the Chief Justice”
“the Clerk of Parliament”
“committee of Parliament”
“Commonwealth country”
“the Court of Appeal”
“the Deputy Prime Minister”
“disciplinary law”
“disciplined force”
“electoral district”
“final decision”
“financial year”
“function”
“general election”
“the Government”
“governmental body”

“the Governor-General”
“the Head of State”
“the High Court”
“the Independence Constitution”
“Independence Day”
“Judge” or “Judge of the High Court”
“meeting”
“member”, in relation to a disciplined force
“Minister”
“month”
“offence”
” Parliament”
“person”
“prescribed”
“the Prime Minister”
”prorogation”
“public officer”
“Public Service”
“rules of court””the Rules of Procedure of Parliament”
“the Secretary to Government” “session”
“sign”
“sitting day”
“the Sovereign”
“the Sovereign”, in the sense of the Sovereign of T uvalu
“the Sovereign”, in the sense of the Sovereign of t he United Kingdom
“the Sovereign in Council”
“the Speaker”
“State Service”
“subordinate court”
“superior court”
“taxation”
“the Tuvalu Police”
“the United Kingdom””writing””year”
3. Form of the Constitution
4. Meaning of language used5. Gender and number6. T ime limits7. Attainment of age
8. Powers of majority, and quorums
9. References to “total membership”
10. Performance of constitutional functions
11. Appointments, etc., requiring prior approval
12. Official appointments, etc.
13. References to the Sovereign of Tuvalu
14. References to the Sovereign of the United Kingd om
15. Independence
16. Regulation of acts, etc.
17. Impracticability of obtaining advice, etc.
18. Acts in “deliberate judgment”
19. Effect of repeal
20. Effect of disallowance
21. Multiple oaths, etc.
SCHEDULE 2 – Election and Appointment of Prime Mini ster

1. Functions of the Governor – General

2. Election meetings
3. Nominations
4. Cancellation of proceedings
5. List of candidates
6. Quorum
7. Conduct of the election meeting
8. Conduct of the election
9. Declaration of the result
10. Disputes
11. Saving of power to dissolve
SCHEDULE 3 – Procedure, etc., of the Public Service Commission and Certain
Tribunals
1. Application of Schedule 3
2. Rules
3. Voting
4. Absences, etc.
5. Powers of certain tribunals
6. Procedures generally
SCHEDULE 4 – Oaths and Affirmations
Oath, etc., of allegiance
Oath, etc., of office of Governor-General
Oath, etc., of office of member of Cabinet
SCHEDULE 5 – Transitional Provisions
1. Interpretation
2. Existing laws
3. Prescribed matters
4. The Governor-General
5. Ministers
6. Parliament
7. Public officers
8 Legal proceedings
9 Financial ————————————————— ———————–

THE CONSTITUTION OF TUVALU
Preamble

WHEREAS in adopting the Independence Constitution o f Tuvalu the people of Tuvalu
provided in the Preamble to it as follows:- “WHEREAS the Islands in the Pacific Ocean then know n as the Ellice Islands came
under the protection of Her Most Gracious Majesty Q ueen Victoria in September 1892
and on 12 January 1916 in conjunction with the Gilb ert Islands became known as the
Gilbert and Ellice Islands Colony;

“AND WHEREAS on 1 October 1975 Her Most Excellent Majesty Queen Elizabeth II
was graciously pleased to establish the Ellice Isla nds as a separate colony under their
ancient name of Tuvalu;
“AND WHEREAS the people of Tuvalu, acknowledging Go d as the Almighty and
Everlasting Lord and giver of all good things, humb ly place themselves under His good
providence and seek His blessing upon themselves an d their lives;
“AND WHEREAS the people of Tuvalu desire to constit ute themselves as an
independent State based on Christian principles, th e Rule of Law, and Tuvaluan custom
and tradition;
“NOW THEREFORE the people of Tuvalu hereby affirm t heir allegiance to Her Most
Excellent Majesty Queen Elizabeth II, Her Heirs and Successors, and do hereby proclaim
the establishment of a free and democratic sovereig n nation……………..”;

AND WHEREAS the Constitution then adopted, which wa s given the force of law by Order
in Council of Her Most Excellent Majesty dated 25 J uly 1978 and taking effect on 1
October 1978, provided for its amendment or replace ment by Ordinance of the Parliament
established by it for Tuvalu;
AND WHEREAS that Constitution has served the people of Tuvalu well since
Independence but now, more than seven years since i ts adoption, it is time that the people
of Tuvalu reconsidered it in the light of their his tory and their present and future needs as
they see them;
NOW THEREFORE, the people of Tuvalu, having conside red, as individuals, in their
maneapas and island councils, and in their Parliame nt, what should be in their constitution,
give to themselves the following Constitution:
IN SO DOING, the people of Tuvalu set out for thems elves and for their governmental
institutions, the following Principles:-
Principles of the Constitution

1. The principles set out in the Preamble to the In dependence Constitution are re-affirmed
and re-adopted.
2. The right of the people of Tuvalu, both present and future, to a full, free and happy life,
and to moral, spiritual, personal and material welf are, is affirmed as one given to them by
God.
3. While believing that Tuvalu must take its rightf ul place amongst the community of
nations in search of peace and the general welfare, nevertheless the people of Tuvalu
recognize and affirm, with gratitude to God, that t he stability of Tuvaluan society and the
happiness and welfare of the people of Tuvalu, both present and future, depend very largely
on the maintenance of Tuvaluan values, culture and tradition, including the vitality and the
sense of identity of island communities and attitud es of co-operation, self-help and unity
within and amongst those communities.
4. Amongst the values that the people of Tuvalu see k to maintain are their traditional forms
of communities, the strength and support of the fam ily and family discipline.

5. In government and in social affairs generally the guiding principles of Tuvalu are-
agreement, courtesy and the search for consensus, i n accordance with traditional
Tuvaluan procedures, rather than alien ideas of con frontation and divisiveness;
the need for mutual respect and co-operation betwee n the different kinds of
authorities concerned, including the central Govern ment, the traditional authorities,
local governments and authorities, and the religiou s authorities.

6. The life and the laws of Tuvalu should therefore be based on respect for human dignity,
and on the acceptance of Tuvaluan values and cultur e, and on respect for them.

7. Nevertheless, the people of Tuvalu recognize tha t in a changing world, and with
changing needs, these principles and values, and th e manner and form of their expression
(especially in legal and administrative matters), w ill gradually change, and the Constitution
not only must recognize their fundamental importanc e to the life of Tuvalu but also must
not unnecessarily hamper their expression and their development.

THESE PRINCIPLES, under the guidance of God, are so lemnly adopted and affirmed as
the basis of this Constitution, and as the guiding principles to be observed in its
interpretation and application at all levels of gov ernment and organized life.

PART I
THE STATE AND THE CONSTITUTION
Division I – The State

1. The State
Tuvalu is a sovereign democratic State, governed in accordance with this Constitution and
in particular in accordance with the Principles set out in the Preamble.

2. The area of Tuvalu
(1) Subject to subsections (3) and (4), the area of Tuvalu consists of the land areas referred
to in subsection (2), together with- (a) the territorial sea and the inland waters as de clared by law, the land beneath them,
and the air space above; and
(b) such additional lands and waters as are declare d by law to be part of the land area of
Tuvalu.

(2) The land areas referred to in subsection (1) co nsist of all islands, rocks and reefs within
the area bounded by- (a) the parallel 05°S; and
(b) the meridian 180°E; and
(c) the parallel 11°S ; and
(d) the meridian 176°E,

together with all small islands, islets, rocks and reefs depending on them.

(3) For the purpose of implementing any international agreement binding on Tuvalu and
approved by Parliament by resolution for the purpos es of this section, subsection (2) may be
amended by Act of Parliament made in accordance wit h section 7 (alteration to the
Constitution generally ) without reference to the requirement of a special majority of votes
under section 7(3) ( which requires Bills to alter the Constitution to b e passed by a two-
thirds majority in Parliament ).

(4) Nothing in this section prevents a law from pro claiming the jurisdiction of Tuvalu,
complete or partial, over any area of land or water or airspace above, or prevents a law from
having extra-territorial effect in accordance with section 84 (vesting of the law-making
power ).

Division 2 -The Constitution

3. The Constitution as supreme law
(1) This Constitution is the supreme law of Tuvalu and, subject to subsection (2), any act
(whether legislative, executive or judicial) that i s inconsistent with it is, to the extent of the
inconsistency, void.
(2) All other laws shall be interpreted and applied subject to this Constitution, and, as far as
is practicable, in such a way as to conform with it .

4. Interpretation of the Constitution
(1) The provisions of Schedule 1 ( Rules for the Interpretation of the Constitution ) apply for
the purpose of the interpretation of this Constitut ion.

(2) In all cases, this Constitution shall be interp reted and applied consistently with the
Principles set out in the Preamble.
(3) Subject to subsection (2), this Constitution sh all be interpreted and applied in such a
way as to achieve the aims of fair and democratic g overnment, in the light of reason and
experience and of Tuvaluan values.
5. Jurisdiction of the High Court in constitutional matters
The High Court has the jurisdiction in relation to the interpretation, application and
enforcement of this Constitution conferred by- (a) section 14 ( Parliamentary declaration of purpose ); and
(b) Division 5 of Part II ( Enforcement of the Bill of Rights );
(c) section 131 ( constitutional interpretation ),

and otherwise by law.
Division 3 – Alteration of the Constitution

6. Interpretation of Division 3
In this Division, a reference to this Constitution includes a reference to any other law so far
as that law alters the Constitution.
7. Alteration of the Constitution generally

(1) An Act of Parliament may alter this Constitution.

(2) A Bill for an Act to alter the Constitution mus t state that it is a Bill to alter this
Constitution.
(3) Subject to- (a) section 2(3) ( which relates to alterations to the description of the land areas of
Tuvalu ); and
(b) section 8 ( alterations to the Constitution to give effect to U K constitutional
arrangements ),

a Bill for an Act to alter this Constitution is not passed by Parliament unless it is supported
at its final reading in Parliament by the votes of two-thirds of the total membership of
Parliament.
(4) A Bill for an Act to alter this Constitution sh all not be excluded from the operation of
section 111(2) ( which relates to the circulation of Bills to local governments and
authorities ).

8. Alteration of the Constitution to give effect to U.K. constitutional change
(1) If as a result of constitutional change in or i n relation to, or affecting, the United
Kingdom any provision of, or any reference in, this Constitution ceases to be appropriate,
the Head of State, acting in accordance with the ad vice of the Cabinet, may, by order, make
such alterations to this Constitution as appear to be necessary or convenient to adapt it to
the new constitutional arrangements.
(2) An order under subsection (1)- (a) shall be presented to Parliament by the Prime M inister; and
(b) unless previously confirmed, with or without mo dification, by an Act of Parliament,
expires at the end of the second session of Parliam ent that commences after it is made.

(3) The requirement of a special majority of votes under section 7(3) (which requires Bills
to alter the Constitution to be passed by a two-thi rds majority in Parliament) does not
apply in relation to a Bill for the purposes of sub section (2)(b).

(4) A Bill for the purposes of subsection (2)(b) sh all not be excluded from the operation of
section 111(2) ( which relates to the circulation of Bills to local governments).

PART II
BILL OF RIGHTS

Division 1 – Preliminary

9. Interpretation of Part II
(1) In this Part,
“court” means a court having jurisdiction in Tuvalu , including-
(a) the Court of Appeal; and

(b) the Sovereign in Council,

but, except in sections 17 ( personal liberty) and 18 (slavery and forced labour ), does not
include a court or tribunal established by a discip linary law.

(2) In this Part, a reference to the national inter est includes a reference to the public interest
in- (a) defence; or
(b) national security; or
(c) public safety; or
(d) public order; or
(e) the protection of the international standing an d reputation of Tuvalu and its
products (including the supply of labour overseas); or
(f) the protection and development of Tuvaluan valu es and culture

(3) A reference in this Part to consent is a refere nce to consent whether express or implied.

(4) Where this Part requires or permits the consent of a person under the age of 18 years,
the consent may be given on his behalf by one of hi s parents or guardians.

Division 2 – The Principles of the Bill of Rights

10. Freedom under law
(1) Freedom based on law consists of the least rest riction on the activities of individuals
consistent with the public welfare and the maintena nce and development of Tuvalu and
Tuvaluan society in accordance with this Constituti on and in particular, in accordance with
the Principles set out in the Preamble.
(2) Everyone has the right to freedom based on law, and accordingly, subject to this
Constitution- (a) everyone has the legal right to do anything tha t-
(i) does not injure others or interfere with the ri ghts and freedoms of others; and
(ii) is not prohibited by law; and
(b) no-one may be-
(i) legally obliged to do anything that is not requ ired by law; or
(ii) prevented by law from doing anything that comp lies with the provisions of
paragraph (a).

(3) This section is not intended to deny the existe nce, nature or effect of cultural, social,
civic, family or religious obligations, or other ob ligations of a non-legal nature, or to

prevent such obligations being given effect by law if, and so far as, it may be thought
appropriate to do so.
11. The fundamental human rights and freedoms
(1) Every person in Tuvalu is entitled, whatever hi s race, place of origin, political opinions,
colour, religious beliefs or lack of religious beli efs, or sex, to the following fundamental
rights and freedoms:- (a) the right not to be deprived of life ( see section 16); and
(b) personal liberty ( see sections 17 and 18); and
(c) security for his person ( see sections 18 and 19); and
(d) the protection of the law ( see section 22); and
(e) freedom of belief ( see section 23); and
(f) freedom of expression ( see section 24); and
(g) freedom of assembly and association ( see section 25); and
(h) protection for the privacy of his home and othe r property (see section 21 ); and
(i) protection from unjust deprivation of property (see section 20),

and to other rights and freedoms set out in this Pa rt or otherwise by law.

(2) The rights and freedoms referred to in subsecti on (1) can, in Tuvaluan society, be
exercised only- (a) with respect for the rights and freedoms of oth ers and for the national interest; and
(b) in acceptance of Tuvaluan values and culture, a nd with respect for them.

(3) The purpose of this Part is to protect those ri ghts and freedoms, subject to limitations on
them that are designed primarily to give effect to subsection (2).

12. Application of Part II
(1) Each provision of this Part applies, as far as may be-
(a) between individuals as well as between governme ntal bodies and individuals; and
(b) to and in relation to corporations and associat ions (other than governmental bodies)
in the same way as it applies to and in relation to individuals,

except where, or to the extent that, the context re quires otherwise.

(2) Notwithstanding anything to the contrary in any other law, any act that is done under a
valid law but that in the particular case- (a) is harsh or oppressive; or
(b) is not reasonable in the circumstances; or

(c) is otherwise not reasonably justifiable in a de mocratic society having a proper respect
for human rights and dignity,

is an unlawful act.
(3) The burden of showing that subsection (2) appli es in respect of an act is on the party
claiming that it does apply.
(4) Nothing in this section affects the operation o f any other law under which an act may be
held to be unlawful.
13. The Principles of the Preamble
The Principles set out in the Preamble are adopted as part of the basic law of Tuvalu, from
which human rights and freedoms derive and on which they are based.

14. Parliamentary declarations of purpose
(1) When the purpose of an Act of Parliament is spe cifically declared in the Act, then in
considering the possible effect on that Act of Divi sion 3 (Protection of the Fundamental
Rights and Freedoms ) a court shall give due weight to that declaration as a statement of the
considered opinion of Parliament.
(2) If an Act of Parliament specifically declares t hat a certain provision is required in the
national interest, a court shall, subject to subsec tion (3), presume that the provision was
reasonably required in the national interest.
(3) Subsection (2) does not apply if the High Court is satisfied that the provision could not
reasonably be said to have been intended primarily to serve the national interest.

15. “Reasonably justifiable in a democratic society ”
(1) Notwithstanding anything to the contrary in thi s Part, other than-
(a) section 33 (hostile disciplined forces); and
(b) section 36 (restrictions on certain rights and freedoms during public emergencies),

all laws, and all acts done under a law, must be re asonably justifiable in a democratic
society that has a proper respect for human rights and dignity.

(2) Any question whether a law is reasonably justif iable in a democratic society that has a
proper respect for human rights and dignity is to b e determined in the light of the
circumstances existing at the time when the decisio n on the question is made.

(3) Subsection (2) does not affect any question whe ther an act done under a law was
reasonably justifiable in a democratic society that has a proper respect for human rights and
dignity.
(4) A law may be declared not to be reasonably just ifiable in a democratic society that has a
proper respect for human rights and dignity only by the High Court or some other court
prescribed for the purpose by or under an Act of Pa rliament.

(5) In determining whether a law or act is reasonab ly justifiable in a democratic society that
has a proper respect for human rights and dignity, a court may have regard to-

(a) traditional standards, values and practices, as well as previous laws and judicial
decisions, of Tuvalu; and
(b) law, practices and judicial decisions of other countries that the court reasonably
regards as democratic; and
(c) international conventions, declarations, recomm endations and judicial decisions
concerning human rights; and
(d) any other matters that the court thinks relevan t.

Division 3 – Protection of the Fundamental Rights a nd Freedoms

Subdivision A – Protection Generally

16. Life
(1) Subject to the provisions of this Part, and in particular to-
(a) subsection (2); and
(b) section 32 ( foreign disciplined forces ); and
(c) section 33 ( hostile disciplined forces ), no-one shall be killed intentionally.

(2) A person shall not be considered to have been k illed in contravention of this section if
he dies as the result of the use, to such extent an d 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
(b) for the defence of property; or
(c) in order to effect a lawful arrest or to preven t the escape of any person lawfully
detained; or
(d) for the purpose of suppressing a riot, rebellio n or mutiny; or
(e) in order to prevent him from committing an offe nce,

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

17. Personal liberty
(1) Subject to the provisions of this Part, and in particular to-
(a) the succeeding provisions of this section; and
(b) section 31 ( disciplined forces of Tuvalu ); and
(c) section 32 ( foreign disciplined forces ); and
(d) section 33 ( hostile disciplined forces ); and

(e) section 36 (restrictions on certain rights and freedoms during public emergencies),

no-one shall be detained except- (f) with his consent; or
(g) as authorized by law in the cases set out in su bsection (2).

(2) Subsection (1) (g) applies in the following cas es:-
(a) in the case of a person under the age of 18 yea rs – in the reasonable exercise of the
authority of a parent, teacher or guardian, or unde r the order of a court for the purpose of
his education, welfare or proper discipline; or
(b) under a warrant or order of a court; or
(c) for the purposes of extradition; or
(d) in order to bring the person before a court to be dealt with in accordance with law; or
(e) in the case of detention of a person on reasona ble suspicion of his having committed,
or being about to commit, an offence; or
(f) in the case of reasonable temporary detention o f a person for the avoidance of actual
or apprehended violence, disorder or breach of the peace; or
(g) in the case of reasonable temporary detention o f a person so affected by drink or a
drug to make detention desirable for his own protec tion or that of others; or
(h) in the case of detention of a person for quaran tine or health purposes; or
(i) in the case of detention of a person under the laws relating to unlawful immigration or
to deportation; or
(j) in the case of detention of a person incidental to the arrest or seizure of a vehicle,
vessel or aircraft; or
(k) in the case of detention of a person as a priso ner of war or, subject to Division 4
( Public Emergencies ), as a civil or military internee in time of war; or
(l) in the case of detention of a person required b y and for the purposes of any
international or multi-national convention, treaty or arrangement to which Tuvalu is a
party and which is approved by Parliament, by resol ution, for the purposes of this
paragraph; or
(m) in the case of restrictions on liberty or deten tion of a person permitted by section 26
( freedom of movement ) or Division 4 (Public Emergencies ).

(3) A person who is detained shall be informed as s oon as practicable, and in a language
that he understands, of the reason for his detentio n.

(4) A person who is detained-

(a) for the purpose of bringing him before a court; or
(b) on reasonable suspicion of having committed, or being about to commit, an offence;
or
(c) for temporary purposes, in accordance with subs ection (2)(f) or (g), and who is not
released, shall be brought without undue delay befo re a court, and unless the court, in
accordance with law, orders his continued detention it shall order his release.

(5) If a person detained on suspicion of having com mitted an offence is not tried within a
reasonable time, he shall be released either uncond itionally or on reasonable conditions
(including in particular conditions reasonably nece ssary to ensure that he appears for trial or
for proceedings preliminary to trial).
(6) A release under subsection (5) does not prevent further proceedings being brought, in
accordance with law, against the released person.
18. Slavery and forced labour
(1) Subject to the provisions of this Part, and in particular to-
(a) the succeeding provisions of this section; and
(b) section 32 ( foreign disciplined forces ); and
(c) section 33 ( hostile disciplined forces ); and
(d) section 36 ( restrictions on certain rights and freedoms during public emergencies),

no-one shall-
(e) be held in slavery or servitude; or
(f) be required to perform forced labour.
(2) For the purposes of this section- (a) slavery or servitude includes slavery or servit ude within the meaning of any
international or multinational convention or treaty prohibiting slavery or servitude to
which Tuvalu is a party; and
(b) forced labour does not include-
(i) labour required by or in consequence of the sen tence or order of a court; or
(ii) labour required in accordance with law of a pe rson while he is lawfully detained
that is reasonably necessary in the interests of hy giene or for the maintenance of the
place where he is detained; or
(iii) labour required in accordance with law of a m ember of a disciplined force as a
member of that force; or

(iv) in the case of a person who proves that he has a conscientious objection to
compulsory service as a member of a naval, military or air force – labour which he is
required by law to perform in place of such service ; or
(v) labour required in accordance with law-
(A) during a period of public emergency within the meaning of Division 4 (Public
Emergencies ); or
(B) in the event of any other emergency or calamity that threatens the life or well-
being of the community or a part of the community, to the extent that the
requirement is reasonably justified for the purpose of dealing with any situation
arising or existing by reason of the public emergen cy or the other emergency or
calamity; or
(vi) in the case of a person under the age of 18 ye ars – labour required in the
reasonable exercise of the authority of a parent, t eacher or guardian; or
(vii) labour reasonably required as part of reasona ble and normal traditional,
communal or civic obligations, including any servic e required in accordance with
section 23(7) ( which relates to the performance of certain service s instead of other
traditional, etc., obligations ).

19. Inhuman treatment
Subject to the provisions of this Part, and in part icular to-
(a) section 32 (foreign disciplined forces); and
(b) section 33 (hostile disciplined forces);

no-one shall- (c) be tortured; or
(d) given inhuman or degrading punishment or treatm ent.

20. Property rights
(1) In this section- “deprivation”, in relation to any property, include s-
(a) the using or taking away of possession of it, o r the exercise of rights over or in
respect of it; and
(b) its destruction; and
(c) the making of it useless or valueless for the p urposes for which it was used; and
(d) its transfer to another person;
“property” includes an interest in property, whethe r or not the interest was in existence
immediately before the deprivation.

(2) Subject to the provisions of this Part, and in particular to-
(a) section 31 (disciplined forces of Tuvalu); and
(b) section 32 (foreign disciplined forces); and
(c) section 33 (hostile disciplined forces),

no-one shall be deprived of property except- (d) with his consent; or
(e) in accordance with the succeeding provisions of this section.

(3) The deprivation must be authorized by or under an Act of Parliament.

(4) The deprivation must be for a purpose declared by or under an Act of Parliament to be a
public purpose.
(5) There must be a sufficient reason for the causi ng of any hardship that may result to any
person having an interest in or a right over the pr operty (whether the interest or right is
present or future, actual or potential).
(6) Adequate compensation shall be promptly made.
(7) A person having an interest in or a right over the property (whether the interest or right
is present or future, actual or potential) may appl y to the High Court, or to any other court
having jurisdiction in the matter, for the determin ation of-
(a) his interest or right; and
(b) the legality of the deprivation; and
(c) the compensation due under subsection (6),

and for the purpose of obtaining prompt settlement of the compensation.

(8) For the purposes of subsections (6) and (7), co mpensation need not be wholly or even
partly in money.
(9) Nothing in or done under a law shall be conside red to be inconsistent with this section-
(a) to the extent that the law makes provision for deprivation of property-
(i) in satisfaction of any liability to taxation; o r
(ii) by way of penalty for a breach of the law, or of forfeiture in consequence of a
breach of the law; or
(iii ) as an incident of-
(A) a permit, licence or other authority affecting the property; or

(B) the creation or acceptance of an interest in or over the property; or
(iv) in the execution of a judgment or an order of a court in proceedings for the
determination of civil rights or obligations; or
(v) where it is reasonably necessary to do so becau se the property, or some other
property, is or may be in a dangerous state or inju ries to the health of humans, animals
or plants; or
(vi) in consequence of a law relating to-
(A) the limitation of actions; or
(B) acquisition by prescription or adverse possessi on, or any similar matter; or
(vii) for so long only as is necessary for the purp oses of any examination,
investigation, trial or inquiry; or
(viii) in the case of land – for so long only as is necessary for the carrying out on it of-
(A) work of conservation of natural resources; or
(B) work relating to agricultural development or im provement that the owner or
occupier of the land has been required, in accordan ce with law, to carry out and
has, without reasonable excuse, failed to carry out ; or
(C) any survey to determine the existence or extent of mineral (including
petroleum) resources; or
(b) to the extent that the law makes provision for depriving a person of-
(i) enemy property; or
(ii) property of-
(A) a deceased person; or
(B) a person of unsound mind; or
(C) a person who has not attained the age of 18 yea rs; or
(D) a person who is absent from Tuvalu,
for the purpose of its administration for the benef it of the persons entitled to the
benefit of it; or
(iii) property of a person declared to be insolvent , or of a body corporate in
liquidation, for the purposes of its administration for the benefit of-
(A) the creditors of the insolvent or body corporat e; and
(B) subject to the interests of the creditors the p ersons entitled to the benefit of it;
or

(iv) property subject to a trust-
(A) for the purpose of vesting the property in the trustees of the property; or
(B) by order of a court – for the purpose of giving effect to the trust; or
(v) shares in a body corporate pursuant to any take -over bid, scheme of arrangement
or in other similar circumstances.

(10) Nothing in this section prevents a body corpor ate established by a law from being
deprived, in accordance with law, of any property b y a person or governmental body who or
which is the only investor in the body corporate.
21. Privacy of home and property
(1) Subject to the provisions of this Part, and in particular to-
(a) subsection (2); and
(b) section 31 ( disciplined forces of Tuvalu ); and
(c) section 32 ( foreign disciplined forces ); and
(d) section 33 ( hostile disciplined forces ); and
(e) section 36 ( restrictions on certain rights and freedoms during public emergencies),

except with his consent no-one shall be subjected t o-
(f) the search of his person, or
(g) the search of his property; or
(h) entry by others on his property.

(2) Nothing in or done under a law shall be conside red to be inconsistent with this section
to the extent that the law makes provision for sear ch or entry for a purpose declared by or
under an Act of Parliament to be a public purpose f or the purposes of this section, or-
(a) for the purpose of protecting the rights or fre edoms of others; or
(b) for the purpose of authorizing an officer or ag ent of-
(i) a governmental body; or
(ii) a body corporate established by law for a publ ic purpose,

to enter on the property of any person- (iii) in order to inspect the property or anything on it for the purposes of any law
providing for taxation; or

(iv) in order to carry out any work connected with any thing that is lawfully on the
property and that belongs to the governmental body or body corporate, as the case
may be; or
(c) for the purpose of authorizing the entry on any property under an order of a court for
the purpose of enforcing a judgment or order of a c ourt; or
(d) for the purpose of authorizing the entry on any property for the purpose of-
(i) preventing or detecting the commission of an of fence; or
(ii) administering, policing or enforcing a law (in cluding a revenue law); or
(e) as permitted by section 20 ( property rights).

22. Protection of law
(1) This section shall be read subject to the provi sions of this Part, and in particular to-
(a) section 31 (disciplined forces of Tuvalu); and
(b) section 32 (foreign disciplined forces); and
(c) section 33 (hostile disciplined forces).

(2) If a person is charged with an offence, unless the charge is withdrawn he shall be given
a fair hearing within a reasonable time by an indep endent and impartial court established by
law.
(3) A person charged with an offence- (a) subject to subsection (14)(a), shall be presume d to be innocent until-
(i) he is proved guilty; or
(ii) he has pleaded guilty and the plea has been ac cepted by the court; and
(b) shall be informed as soon as practicable, in de tail and in a language that he
understands, of the precise nature and particulars of the offence charged, and if the
information is not given in writing it shall be con firmed in writing as soon as practicable;
and
(c) shall be given adequate time and facilities for the preparation of his defence,
including time to study and fully understand the pr ecise charge against him, and its
possible consequences; and
(d) shall be given reasonable facilities to consult , at his own expense, a representative of
his own choice; and
(e) shall be permitted to defend himself before the court in person or, at his own
expense, by a representative of his own choice; and
(f) subject to subsection (14)(b), shall be given a dequate facilities-

(i) to examine, in person or by his representative, the witnesses called before the court
by the prosecution; and
(ii) to obtain the attendance and carry out the exa mination of witnesses to testify on
his behalf before the court on conditions no less a dvantageous than those applying to
witnesses called by the prosecution; and
(g) shall be permitted to have without payment the assistance of a competent interpreter,
if he cannot adequately understand the language use d at the trial or any part of the trial.

(4) Except with his consent, the trial shall not ta ke place in his absence unless-
(a) he behaves in such a way as to make it impracti cable or unreasonable to continue the
proceedings in his presence; and
(b) the court orders his removal and the continuanc e of the trial in his absence.

(5) When a person is tried for an offence, the accu sed person or a person authorized by him
for the purpose is entitled, on request and on paym ent of such reasonable fee (if any) as is
prescribed, to be given within a reasonable time af ter judgment a copy, for the use of the
accused person, of any record of the proceedings ma de by or on behalf of the court.

(6) No-one shall be convicted of an offence on acco unt of an act that was not at the time of
the doing of the act, an offence or a legal element of an offence.

(7) No penalty shall be imposed for an offence that is more severe in amount or in kind than
the maximum that might have been imposed for the of fence at the time when it was
committed.
(8) Subject to subsection (14)(c), no-one who shows that he has been tried for an offence by
a competent court and was either- (a) convicted; or
(b) acquitted,

shall again be tried for- (c) the same offence; or
(d) any other offence of which he could have been c onvicted at the trial of that offence,

except on the order of a superior court in the cour se of appeal or review proceedings
relating to the conviction or acquittal.
(9) No-one shall be tried for an offence if he show s that-
(a) he has been pardoned for the offence; and
(b) if the pardon was a conditional pardon, he has complied with the conditions of the
pardon.
(10) No-one who is tried for an offence shall be co mpelled to give evidence at the trial.

(11) A court or other adjudicating authority prescribed by law for the determination of the
existence or extent of a civil right or obligation shall be-
(a) established or recognised by law; and
(b) independent and impartial,

and where proceedings for such a determination are instituted by a person before such a
court or authority the case shall be given a fair h earing within a reasonable time.

(12) Subject to subsection (13), except with the co nsent of all the parties to the proceedings-
(a) all proceedings before a court; and
(b) all proceedings before any other adjudicating a uthority for the determination of the
existence or extent of any civil right or obligatio n,

including the announcement of the decision, shall b e held m public.

(13) Subsection (12) does not prevent the court or other authority from excluding from the
proceedings persons other than the parties, and the representatives in the proceedings of the
parties, to such extent as the court or authority- (a) is by law empowered to do so and thinks it nece ssary or desirable to do so-
(i) if publicity would not be in the interests of j ustice; or
(ii) in interlocutory proceedings, that is to say, in proceedings of a kind described in
subsection (16); or
(iii) in the interests of-
(A) decency; or
(B) public morality; or
(C) the welfare of persons under the age of 18 year s; or
(D) the protection of the privacy of persons concer ned in the proceedings; or
(b) is by law empowered or required to do so in the interests of-
(i) defence; or
(ii) public safety; or
(iii) public order.

(14) Nothing in or done under a law shall be consid ered to be inconsistent with-

(a) subsection (3)(a) – to the extent that the law imposes upon a person charged with an
offence the burden of proving or disproving certain facts which are particularly within
his knowledge or his capacity to prove or disprove; or
(b) subsection (3)(f) – to the extent that the law imposes reasonable conditions that must
be satisfied if witnesses called on behalf of an ac cused person are to be paid expenses
out of public funds; or
(c) subsection (8) – subject to subsection (15), to the extent that the law authorizes a
court to try a member of a disciplined force even t hough he has been tried and either-
(i) convicted; or
(ii) acquitted,
under the disciplinary law of that force.

(15) In a case to which subsection 14(c) applies, t he court that tries the member shall, in
sentencing him to punishment, take into account any punishment given to him under the
disciplinary law.
(16) In subsection (13)(a)(ii), “interlocutory proc eedings” refers to any judicial proceedings
that- (a) occur during or for the purposes of some other legal proceedings (referred to in this
subsection as “the principal proceedings”); and
(b) are incidental to the principal proceedings; an d
(c) do not finally dispose of the principal proceed ings.

23. Freedom of belief
(1) Subject to the provisions of this Part, and in particular to—
(a) the succeeding provisions of this section; and
(b) section 29 ( protection of Tuvaluan values, etc.); and
(c) section 31 ( disciplined forces of Tuvalu ); and
(d) section 32 ( foreign disciplined forces ); and
(e) section 33 ( hostile disciplined forces ); and
(f) section 36 ( restrictions on certain rights and freedoms during public emergencies),

except with his consent no-one shall be hindered in the exercise of his freedom of belief.

(2) For the purposes of this section, freedom of be lief includes-
(a) freedom of thought, religion and belief; and
(b) freedom to change religion or belief; and

(c) freedom, either alone or with others, to show a nd to spread, both in public and in
private, a religion or belief, in worship, teaching , practice and observance.

(3) A religious community is entitled, at its own e xpense-
(a) to establish and maintain places of education; and
(b) subject to the maintenance of any minimum presc ribed educational standards, to
manage any place of education that it wholly mainta ins; and
(c) subject to subsection (4), to provide religious instruction for members of the
community in the course of any education that it pr ovides.

(4) Except with his consent, no-one attending a pla ce of education shall be required-
(a) to receive religious instruction; or
(b) to take part in or attend a religious ceremony or observance, if the instruction,
ceremony or observance relates to a religion or bel ief other than his own.

(5) No-one shall be compelled- (a) to take an oath or make an affirmation that is contrary to his religion or belief; or
(b) to take an oath or make an affirmation in any m anner that is contrary to his religion
or belief.

(6) Nothing in or done under a law shall be conside red to be inconsistent with this section
to the extent that the law makes provision which is reasonably required-
(a) in the interests of-
(i) defence; or
(ii) public safety; or
(iii) public order; or
(iv) public morality; or
(v) public health; or
(b) for the purpose of protecting the rights or fre edoms of other persons, including the
right to observe and practice any religion or belie f without the unsolicited intervention of
members of any other religion or belief.

(7) Nothing in or done under a law shall be conside red to be inconsistent with this section
to the extent that the law makes reasonable provisi on-
(a) requiring a person who proves that he has a con scientious objection to performing
some reasonable and normal traditional, communal or civic obligation, or to performing

it at a particular time or in a particular way, to perform instead, some reasonably
equivalent service of benefit to the community; or
(b) for the exclusion of such a person and his hous ehold from any benefit arising out of
the performance of those obligations by others unti l the equivalent service has been
performed.

(8) The protection given by this section to freedom of religion or belief applies equally to
freedom not to have or hold a particular religion o r belief, or any religion or belief.

(9) A reference in this section to a religion inclu des a reference to a religious denomination
and to the beliefs of a religion or religious denom ination.

24. Freedom of expression
(1) Subject to the provisions of this Part, and in particular to-
(a) subsection (3); and
(b) section 29 ( protection of Tuvaluan values, etc.); and
(c) section 30 ( provisions relating to certain officials ); and
(d) section 31 ( disciplined forces of Tuvalu ); and
(e) section 32 ( foreign disciplined forces ); and
(f) section 33 ( hostile disciplined forces ); and
(g) section 36 ( restrictions on certain rights and liberties during public emergencies),

except with his consent no-one shall be hindered in the exercise of his freedom of
expression.
(2) For the purposes of this section, freedom of ex pression includes-
(a) freedom to hold opinions without interference; and
(b) freedom to receive ideas and information withou t interference; and
(c) freedom to communicate ideas and information wi thout interference; and
(d) freedom from interference with correspondence.

(3) Nothing in or done under a law shall be conside red to be inconsistent with subsection
(1) to the extent that the law makes provision- (a) in the interests of-
(i) defence; or
(ii) public safety; or
(iii) public order; or

(iv) public morality; or
(v) public health; or
(b) for the purpose of-
(i) protecting the reputations, rights or freedoms of other persons; or
(ii) protecting the privacy of persons concerned in legal proceedings; or
(iii) preventing the disclosure of information rece ived in confidence; or
(iv) maintaining the authority or independence of t he courts; or
(v) regulating the administration or the technical operation of posts or
telecommunications.

25. Freedom of assembly and association
(1) Subject to the provisions of this Part and in p articular to-
(a) subsection (3); and
(b) section 29 ( protection of Tuvaluan values, etc.); and
(c) section 30 ( provisions relating to certain officials ); and
(d) section 31 ( disciplined forces of Tuvalu ); and
(e) section 32 ( foreign disciplined forces ); and
(f) section 33 ( hostile disciplined forces ); and
(g) section 36 ( restrictions on certain rights and freedoms during public emergencies),

except with his consent no-one shall be hindered in the exercise of his freedom of assembly
and association.
(2) For the purposes of this section, freedom of as sembly and association includes-
(a) the right to assemble freely and to associate w ith other persons; and
(b) the right to form or belong to political partie s, and
(c) the right, as regulated by law, to form or belo ng to trade unions or other associations
for the protection or advancement of one’s interest s.

(3) Nothing in or done under a law shall be conside red to be inconsistent with subsection
(1) to the extent that the law makes provision- (a) in the interests of-
(i) defence; or

(ii) public safety; or
(iii) public order; or
(iv) public morality; or
(v) public health; or
(b) for the purpose of protecting the rights or fre edoms of other persons.

26. Freedom of movement
(1) Subject to the provisions of this Part, and in particular to-
(a) the succeeding provisions of this section; and
(b) section 30 ( provisions relating to certain officials ); and
(c) section 31 ( disciplined forces of Tuvalu ); and
(d) section 32 ( foreign disciplined forces ); and
(e) section 33 ( hostile disciplined forces ); and
(f) section 36 ( restrictions on certain rights and freedoms during public emergencies),

no-one shall be deprived of- (g) the right to move freely throughout Tuvalu; or
(h) the right to reside anywhere in Tuvalu; or
(i) the right to enter and to leave Tuvalu,

and no-one shall be expelled from Tuvalu.
(2) No restriction on the rights of a person under subsection (1) that is involved in his
lawful detention shall be considered to be inconsis tent with that subsection.

(3) Nothing in or done under a law shall be conside red to be inconsistent with subsection
(1) to the extent that the law makes provision- (a) in respect of-
(i) the entry into Tuvalu of a person who is not a citizen of Tuvalu; or
(ii) the movement within Tuvalu of a person referre d to in subparagraph (i); or
(iii) the residence in Tuvalu of a person referred to in subparagraph (i); or
(iv) the exclusion or expulsion from Tuvalu of a pe rson referred to in subparagraph
(i); or

(b) for the imposition of restrictions on-
(i) the movement within Tuvalu, or the residence in Tuvalu, of any person; or
(ii) the right of any person to leave Tuvalu,
that are reasonably required in the interests of-
(iii) defence; or
(iv) public safety; or
(v) public order; or
(c) for the imposition of restrictions on-
(i) the movement within, Tuvalu or the residence in Tuvalu; or
(ii) the right to leave Tuvalu,
of persons generally or of any class of persons, be ing restrictions that are reasonably
required in the interests of- (iii) defence; or
(iv) public safety; or
(v) public order; or
(vi) public morality; or
(vii) public health; or
(viii) conservation of the environment; or
(d) imposing restrictions on-
(i) the movement within Tuvalu; or
(ii) the residence in any part of Tuvalu,
of any class of person where such restrictions are reasonably required to meet the special
circumstances of a part of Tuvalu, for example-
(iii) overcrowding or potential overcrowding; or
(iv) a shortage or potential shortage of resources; or
(v) the disruption or potential disruption of the l ocal economy, ecology or distinctive
culture; or
(e) for the imposition of restrictions on the use o f any land in Tuvalu; or

(f) for the imposition of restrictions on the right of any person to leave, or move within,
Tuvalu, in order to secure the fulfilment of any ob ligation imposed on him by law; or
(g) for the imposition of restrictions on the movem ent within Tuvalu, or the residence in
Tuvalu, of a person in circumstances that would jus tify depriving him of his liberty
under section 17 (personal liberty).

(4) If a person whose rights under subsection (1) h ave been restricted by virtue only of a
law to which subsection (3)(b) applies so requests at any time-
(a) during the period of restriction; and
(b) not earlier than six months after he last made such a request during that period,

his case shall be reviewed by an independent and im partial tribunal established by law and
presided over by a person who- (c) is qualified to practise before the High Court; and
(d) is appointed by the Chief Justice for the purpo se.

(5) On a review under subsection (4) the tribunal m ay make to the appropriate authority
recommendations concerning the necessity or desirab ility of continuing the restriction, but
unless it is otherwise provided by law that authori ty is not obliged to act in accordance with
any such recommendation.
27. Freedom from discrimination
(1) In this section, discrimination refers to the t reatment of different people in different
ways wholly or mainly because of their different- (a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs,

in such a way that one such person is for some such reason given more favourable treatment
or less favourable treatment than another such pers on.

(2) Subject to the provisions of this Part, and in particular to-
(a) the succeeding provisions of this section; and
(b) section 31 ( disciplined forces of Tuvalu ); and
(c) section 32 ( foreign disciplined forces ); and
(d) section 33 ( hostile disciplined forces ); and

(e) section 36 (restrictions on certain rights and freedoms during public emergencies),

no-one shall be treated in a discriminatory manner.

(3) Subsection (2) does not apply to a law so far a s it makes provision-
(a) for the imposition of taxation by the Governmen t or a local government or authority;
or
(b) the spending of money by the Government or a lo cal government or authority; or
(c) with respect to persons who are not citizens of Tuvalu; or
(d) in respect of-
(i) adoption: or
(ii) marriage; or
(iii) divorce; or
(iv) burial; or
(v) any other such matter,
in accordance with the personal law, beliefs or cus toms of any person or group; or
(e) in relation to land; or
(f) by which any person or group may be given favou rable treatment or unfavourable
treatment which, having regard to the nature of the treatment and to any special
circumstances of the person or group, is reasonably justifiable in a democratic society
having a proper respect for human rights and dignit y.

(4) Nothing in a law shall be considered to be inco nsistent with subsection (2) to the extent
that it makes provision for- (a) standards or qualifications (not specifically r elated to any matter referred to in
subsection (1)(a)-(e)) for appointment to any offic e or position in-
(i) a State Service; or
(ii) a disciplined force; or
(iii) the service of a local government or authorit y; or
(iv) a body corporate established by law for a publ ic purpose, or the service of such a
body; or
(b) localization within the meaning of section 142 (localization ).

(5) Subsection (2) does not affect the exercise of any discretion relating to the institution,
conduct or discontinuance in a court of any proceed ings that is vested in any person or
authority by or under this Constitution or any othe r law.

(6) Nothing in or done under a law shall be conside red to be inconsistent with subsection
(2) to the extent that the law provides that any pe rson may be subjected to any restriction on
the rights and freedoms guaranteed by- (a) section 21 (privacy of home and property); and
(b) section 23 (freedom of belief); and
(c) section 24 (freedom of expression); and
(d) section 25 (freedom of assembly and association ); and
(e) section 26 (freedom of movement); and
(f) section 28 (other rights and freedoms)

to the extent authorized by that section.
(7) Subject to section 12(2) ( which relates to harsh, oppressive or otherwise unl awful acts)
and 15 ( definition of “reasonably justifiable in a democrat ic society”) and to any other law,
no act that- (a) is in accordance with Tuvaluan custom; and
(b) is reasonable in the circumstances,

shall be considered to be inconsistent with subsect ion (2).

(8) Nothing in or done under a law shall be conside red to be inconsistent with subsection
(2)- (a) if the law was in force in Tuvalu immediately b efore the date on which this
Constitution took effect; or
(b) to the extent that the law repeals and re-enact s any provision that has been contained
in a law in force in Tuvalu at all times since that date.

28. Other rights and freedoms
The fact that certain rights and freedoms are refer red to in this Constitution does not mean
that there may not be other rights and freedoms ret ained by the people or conferred by law.

Subdivision B – Special Exceptions

29. Protection of Tuvaluan values, etc.
(1) The Preamble acknowledges that Tuvalu is an Ind ependent State based on Christian
principles, the Rule of Law, Tuvaluan values, cultu re and tradition, and respect for human
dignity.
(2) This includes recognition of-

(a) the right to worship, or not to worship, in wha tever way the conscience of the
individual tells him; and
(b) the right to hold, to receive and to communicat e opinions, ideas and information.

(3) Within Tuvalu, the freedoms of the individual c an only be exercised having regard to
the rights or feelings of other people, and to the effect on society.

(4) It may therefore be necessary in certain circum stances to regulate or place some
restrictions on the exercise of those rights, if th eir exercise-
(a) may be divisive, unsettling or offensive to the people; or
(b) may directly threaten Tuvaluan values or cultur e.

(5) Subject to section 15 ( definition of “reasonably justifiable in a democrat ic society”)
nothing contained in a law or done under a law shal l be considered to be inconsistent with
section 23 ( freedom of belief ) or 24 (freedom of expression ) to the extent that the law makes
provision regulating or placing restrictions on any exercise of the right-
(a) to spread beliefs; or
(b) to communicate opinions, ideas and information;

if the exercise of that right may otherwise conflic t with subsection (4).

30. Provisions relating to certain officials
(1) Subject to section 15 ( definition of “reasonably justifiable in a democrat ic society”)
nothing in- (a) section 24 ( freedom of expression ); or
(b) section 25 ( freedom of assembly and association ); or
(c) section 26 ( freedom of movement ),

prevents the inclusion in the terms and conditions of employment of any member of a State
Service of reasonable requirements, related to his office or position in that Service, as to-
(d) his communications or associations with other p ersons; or
(e) his movements or residence.

(2) The terms and conditions of employment referred to in subsection (1) include-
(a) all terms and conditions that are applicable to or in relation to a member of a State
Service while he is a member of the Service; and
(b) all terms and conditions related to membership of the service that are applicable to or
in relation to a former member of a State Service; and

(c) all terms and conditions of a kind referred to in paragraph (a) or (b) that are
applicable to or in relation to him because of his consent.

(3) Subsection (1) and (2) apply whether a term or condition of employment is contained in-
(a) a contract or agreement of employment (whether written or oral); or
(b) an Act of Parliament, or any regulation or othe r subsidiary legislation made under an
Act; or
(c) general administrative orders or any similar in struction or instrument,

that is applicable to or in relation to him.
31. Disciplined forces of Tuvalu
Subject to section 15 ( definition of “reasonably justifiable in a democrat ic society”,), in
relation to a person who is a member of a disciplin ed force of Tuvalu nothing contained in
or done under the disciplinary law of that force sh all be considered to be inconsistent with
any provision of Subdivision A of this Division, ot her than-
(a) section 16 ( life); or
(b) section 18 ( slavery and forced labour ); or
(c) section 19 ( inhuman treatment ).

32. Foreign disciplined forces
In relation to a person who- (a) is a member of a disciplined force of a foreign country or is, as recognized by or
under an Act of Parliament, a person otherwise subj ect to the disciplinary law of such a
force; and
(b) is present in Tuvalu under arrangements made be tween the Government of Tuvalu
and the Government of another country or an interna tional organization,

nothing contained in the disciplinary law of that f orce shall be considered to be inconsistent
with any provision of this Part.
33. Hostile disciplined forces
Nothing done in relation to a person who is a membe r of a disciplined force of a country
with which Tuvalu is at war, and no law, to the ext ent that it authorizes the doing of any
such thing shall be considered to be inconsistent w ith any provision of this Part.

Division 4 – Public Emergencies

34. Interpretation of Division 4
In this Division-
“period of public emergency” means a period through out which-
(a) Tuvalu is at war; or

(b) there is in effect a proclamation under section 35 (declaration of public emergency ).

35. Declaration of public emergency
(1) The Head of State, acting in accordance with th e advice of the Prime Minister, may by
proclamation declare that a state of public emergen cy exists in Tuvalu, or in a part of
Tuvalu specified in the proclamation.
(2) Unless earlier revoked, a proclamation under su bsection (1) lapses at the expiration of-
(a) three days; or
(b) if it was made when Parliament is not meeting – 14 days,

after the date on which it is made, unless it is ap proved in the meantime by Parliament by
resolution.
(3) An approval under subsection (2) remains in for ce for such period, not exceeding six
months, as is specified in the resolution granting the approval, and may be extended by
further resolution from time to time for such perio d or periods, each not exceeding six
months, as is or are specified in any such further resolution or resolutions.

36. Restrictions on certain rights and freedoms dur ing public emergencies
Nothing in or done under a law shall be considered to be inconsistent with-
(a) section 16 ( life); or
(b) section 17 ( personal liberty ); or
(c) section 21 ( privacy of home and property ); or
(d) section 23 ( freedom of belief ); or
(e) section 24 ( freedom of expression ); or
(f) section 25 ( freedom of assembly and association ); or
(g) section 26 ( freedom of movement ); or
(h) section 27 ( freedom from discrimination ),

to the extent that the law- (i) makes any provision, in relation to a period of public emergency; or
(j) authorizes the doing, during any such period, o f any thing, that is reasonably
justifiable for the purpose of dealing with any sit uation that arises or exists during that
period.

37. Detention during public emergencies
(1) If a person is detained by virtue of a law auth orized only by section 36 (restrictions on
certain rights and freedoms during public emergenci es)-

(a) he shall, as soon as practicable and in any case not more than 10 days after the
beginning of his detention, be furnished with a wri tten statement, in a language that he
understands, stating in detail the grounds on which he is detained; and
(b) not more than 14 days after the beginning of hi s detention a notice shall be
published-
(i) in the manner prescribed for the publication of subordinate legislation; and
(ii) in such other manner (if any) as is directed b y the Chief Justice; and
(c) not more than one month after the beginning of his detention, and afterwards at
intervals of not more than six months, his case sha ll be reviewed by an independent and
impartial tribunal established by law and presided over by a person who-
(i) is qualified to practise before the High Court; and
(ii) is appointed by the Chief Justice for the purp ose; and
(d) he shall be given reasonable facilities to cons ult, at his own expense, a representative
of his own choice, who shall be permitted to advise and assist him and to make
representations to the tribunal; and
(e) at the hearing of the case he shall be permitte d to appear in person or, at his own
expense, by a representative of his own choice.

(2) On a review under subsection (1)(c), the tribun al may make recommendations to the
authority that detained him concerning the necessit y or desirability of continuing the
detention, but unless it is otherwise provided by l aw that authority is not obliged to act in
accordance with any such recommendation.
(3) A failure to comply with subsection (1)(b) does not invalidate the detention.

Division 5 – Enforcement of the Bill of Rights

38. Application for enforcement of the Bill of Righ ts
(1) In accordance with any rules of court made for the purposes of this Division, if any
person claims that any of the provisions of this Pa rt-
(a) has been; or
(b) is being; or
(c) is likely to be,

contravened or not complied with in relation to him , he may apply to the High Court under
this Division.
(2) In the case of a person who is being detained, an application under subsection (1) may
be made- (a) by the person himself; or

(b) by any other person on his behalf.

(3) Nothing in subsection (1) or (2) prevents any o ther action that may be taken under any
other law in respect of the contravention.
39. Questions as to the Bill of Rights arising in s ubordinate courts
If in any proceedings in a subordinate court a ques tion arises as to a contravention of any of
the provisions of this Part, the court may, and sha ll if a party to the proceedings so requests,
refer the question to the High Court unless, in the opinion of the court, the question raised is
frivolous or vexatious.
40. Jurisdiction of the High Court as to the Bill o f Rights
(1) The High Court has original jurisdiction-
(a) to determine any application made under section 38 (application for enforcement of
the Bill of Rights ); and
(b) to determine any question referred to it under section 39 (questions as to the Bill of
Rights arising in subordinate courts ),

and may make any orders, issue any writs and give a ny directions that it thinks appropriate
for enforcing or securing the enforcement of this P art.

(2) The High Court may refuse to exercise its power s under subsection (1) if it is satisfied
that adequate means of redress for the alleged cont ravention are or have been reasonably
available to the person concerned under any other l aw.

41. Appeals as to the Bill of Rights
(1) Subject to subsection (2), an appeal may be mad e, in accordance with Part VII (The
Courts ), against any determination of the High Court unde r this Division.

(2) There is no appeal against a determination dism issing an application on the ground that
it is frivolous or vexatious.
42. Additional powers of the High Court as to the B ill of Rights
An Act of Parliament may confer on the High Court p owers, additional to those conferred
by the preceding provisions of this Division, for t he purpose of enabling the Court to
exercise more effectively the jurisdiction conferre d on it by this Division

PART III
CITIZENSHIP

43. Interpretation of Part III
(1) For the purposes of this Part, a person born on board-
(a) a registered vessel or aircraft; or
(b) an unregistered vessel or aircraft of the Gover nment of any country,

shall be considered to have been born- (c) in the place where the vessel or aircraft was r egistered; or

(d) in that country,

as the case may be.
(2) For the purposes of this Part, a foundling disc overed at any time in Tuvalu shall, in the
absence of proof to the contrary, be considered to have been born in Tuvalu.

44. Initial citizenship under the Constitution
Every person who, immediately before the date on wh ich this Constitution took effect, was
a citizen of Tuvalu by virtue of- (a) Chapter III ( Citizenship) of the Independence Constitution; or
(b) the Citizenship Ordinance 1979,

is as at that date a citizen of Tuvalu for the purp oses of this Constitution.

45. Citizenship by birth
(1) Subject to subsections (3) and (4), a person bo rn in Tuvalu on or after the date on which
this Constitution took effect is a citizen of Tuval u by birth.

(2) A person born outside Tuvalu on or after the da te on which this Constitution took effect
is a citizen of Tuvalu by birth if on the date of h is birth either of his parents is, or would but
for his death have been, a citizen of Tuvalu.
(3) Subject to subsection (5), a person does not be come a citizen of Tuvalu by virtue of
subsection (1) if at the time of his birth- (a) neither of his parents was a citizen of Tuvalu; and
(b) his father had the privileges and immunities of an envoy to Tuvalu from a country
with which Tuvalu had diplomatic relations.

(4) Subject to subsection (5), a person does not be come a citizen of Tuvalu by virtue of
subsection (1) if at the time of his birth- (a) his father was a citizen of a country with whic h Tuvalu was at war; and
(b) the birth occurred in a place in Tuvalu occupie d by that country.

(5) In the case of a person who was born out of wed lock, a reference in subsection (3) or (4)
to his father shall be read as a reference to his m other.

46. Citizenship by marriage under the Constitution
(1) Subject to subsection (2), a person who, on or after the date on which this Constitution
took effect, marries a person who is or becomes a c itizen of Tuvalu is entitled, on making
application in such manner as is prescribed by law, to be registered as a citizen of Tuvalu.

(2) The right conferred by subsection (1) may be ma de subject to such exceptions and
qualifications as are declared by law to be in the interests of national security or public
policy.
47. Laws as to citizenship

(1) An Act of Parliament may make provision- (a) for the acquisition of citizenship of Tuvalu by persons who are not otherwise eligible
to become citizens of Tuvalu by virtue of this Part ; or
(b) for the renunciation by any person of his citiz enship of Tuvalu; or
(c) for the maintenance of a register of citizens o f Tuvalu who are also citizens or
nationals of another country; or
(d) subject to subsection (2), for depriving any pe rson of his citizenship of Tuvalu,

and generally for carrying into effect the purposes of. this Part.

(2) Subsection (1)(d) does not apply to a person wh o-
(a) became a citizen automatically on Independence Day, by virtue of section 19
( persons who became citizens on independence Day ) of the Independence Constitution;
or
(b) became a citizen by birth under-
(i) section 22 (persons born in Tuvalu after the da y prior to Independence Day) of the
Independence Constitution; or
(ii) section 23 (persons born outside Tuvalu after the day prior to independence Day)
of the Independence Constitution; or
(iii) section 45 (citizenship by birth) of this Con stitution.

PART IV
THE SOVEREIGN AND THE GOVERNOR-GENERAL

Division 1 – The Sovereign

48. The Sovereign of Tuvalu
(1) Her Majesty Queen Elizabeth II, by the grace of God Queen of the United Kingdom of
Great Britain and Northern Ireland and of Her Other Realms and Possessions, Head of the
Commonwealth, Defender of the Faith, having at the request of the people of Tuvalu
graciously consented, is the Sovereign of Tuvalu an d, in accordance with this Constitution,
the Head of State
(2) The Royal Style and Titles are as determined by Act of Parliament.
(By Act 1 of 1987 (Cap.10) the following style and title was approved “Elizabeth the
Second, by the Grace of God Queen of Tuvalu and of Her other Realms and Territories,
Head of the Commonwealth”.)
49. Succession to the Crown
The provisions of this Constitution referring to th e Sovereign extend, in accordance with
section 13 ( references to the Sovereign of Tuvalu ) of Schedule 1, to the Heirs and
Successors of the Sovereign according to law.

Division 2 – Functions of the Head of State

50. The office of Head of State
In addition to the other functions of the office, t he office of Head of State is a symbol of the
unity and identity of Tuvalu, and the Head of State is entitled to proper respect accordingly.

51. Functions, etc., of the Head of State generally
(1) The only privileges and functions of the Head o f State are those prescribed as such.

(2) Subject to this Constitution and to any Act of Parliament, the privileges and functions of
the Sovereign as Head of State may be had and perfo rmed through a Governor-General
appointed in accordance with Division 3 (the Govern or-General) and, except where the
context requires otherwise, references in any law t o the Head of State shall be read as
including a reference to the Governor-General.
52. Performance of functions by the Head of State
(1) Subject to section 17 ( impracticability of obtaining advice, etc.) of Schedule 1, in the
performance of his functions under this Constitutio n or any other law the Head of State
shall act only in accordance with the advice of- (a) the Cabinet; or
(b) the Prime Minister or another Minister acting u nder the general or special authority
of the Cabinet,

except where he is required to act- (c) in accordance with the advice of any other pers on or authority (in which case he shall
act only in accordance with that advice); or
(d) after consultation with any person or authority , including the Cabinet (in which case
he shall act only after such consultation); or
(e) in his own deliberate judgment (in which case h e shall exercise an independent
discretion),

or where this Constitution obliges or specifically permits him to act in a particular way.

(2) When the Head of State is required or permitted by this Constitution or any other law to
act in accordance with the advice of, or after cons ultation with, any person or authority, no
question- (a) whether he received the advice; or
(b) whether he has the consultation and the nature of the consultation; or
(c) what advice (if any) he was given; or
(d) by whom he was advised or whom he consulted,

shall be considered in any court.
53. Failure by the Head of State to act

(1) Subject to subsection (2), if- (a) the Head of State is required by this Constitut ion or by or under an Act of Parliament
to perform any function in accordance with the advi ce of any person or authority; and
(b) he does not so act within a period of seven day s after the advice is received by him,
or by a person authorized by him to receive such ad vice,

he shall be considered to have acted in accordance with the advice.

(2) If the person or authority giving the advice- (a) certifies to the Head of State that the matter is urgent; and
(b) requests him to act in accordance with the advi ce within a specified period of less
than seven days,

the reference in subsection (1) to a period of seve n days shall be read as a reference to that
specified period.
(3) If the Head of State is required by this Consti tution or by or under an Act of Parliament
to perform any function otherwise than- (a) in accordance with the advice of any person or authority; or
(b) in his own deliberate judgment,

and if at any time after the occasion for the perfo rmance of the function has arisen he has
not so acted he shall be considered to have acted a s required.

(4) An Act of Parliament may make provision as to t he proof of matters referred to in this
section, and of acts considered to have been done b y virtue of this section.

Division 3 – The Governor-General

54. Establishment of office of Governor-General
(1) An office of Governor-General of Tuvalu is esta blished.

(2) The Governor-General is the representative of t he Sovereign.

55. Appointment, etc., of the Governor-General
(1) The Governor-General shall be appointed, and ma y be removed from office at any time
(with or without cause), by the Sovereign, acting i n accordance with the advice of the Prime
Minister given after the Prime Minister has, in con fidence, consulted the members of
Parliament.
(2) A person is not qualified to be appointed Gover nor-General unless-
(a) he has attained the age of 50 years; and
(b) he has not attained the age of 65 years; and
(c) he is otherwise qualified to be elected as a me mber of Parliament.

(3) The Governor-General vacates his office- (a) on death; or
(b) if he is removed from office under subsection ( 1); or
(c) when he attains the age of 65 years; or
(d) subject to subsection (4), if he resigns by not ice in writing to the Speaker; or
(e) if he ceases to be otherwise qualified to be el ected as a member of Parliament; or
(f) at the end of the period of four years after th e date of his appointment.

(4) A resignation under subsection (3)(d) takes eff ect on the day on which it is received by
the Speaker, or on such later date as is agreed bet ween the Governor-General and the Prime
Minister.
56. Acting Governor-General
(1) Where- (a) the office of Governor-General is vacant; or
(b) the Governor-General is-
(i) absent from Tuvalu; or
(ii) for any other reason unable to perform any of the functions of his office,

the functions of the Governor-General or the releva nt parts of those functions shall be
performed by- (c) a person appointed in accordance with subsectio n (2); or
(d) in the absence of a person appointed in accorda nce with subsection (2) who is able to
perform those functions – the Speaker.

(2) For the purposes of subsection (1)(c), an appoi ntment shall be made in the same way as
the appointment of a Governor-General under section 55 (appointment, etc., of Governor-
General ,) and the provisions of that section, with the nec essary modifications, apply,
provided that any oath or affirmation required unde r section 57 (oaths and affirmation by
the Governor-General, etc ) may be taken or made before the Governor-General.

(3) No question whether the need for the performanc e of any function of the Governor-
General by another person (including the Speaker) i n accordance with subsection (1) has
arisen, or has ceased, shall be considered in any c ourt.

57. Oaths and affirmation by the Governor-General, etc.
(1) Before entering on the duties of his office the Governor-General shall take an oath, or
make an affirmation, of allegiance, and take the re levant oath, or make the relevant
affirmation, of office, in the forms respectively s et out in Schedule 4, and before performing
under section 56(1) ( acting Governor-General ) any of the functions of the Governor-

General the person referred to in section 56(1)(c) (which relates to the appointment of an
acting Governor-General ) or the Speaker, as the case may be, shall do the same.

(2) The oaths and affirmations shall be taken or ma de before the Chief Justice or a person
appointed by the Chief Justice for the purpose.
58. Performance of functions by the Governor-Genera l
(1) Subject to any Act of Parliament, the Governor- General shall perform the functions of
the Head of State when the Sovereign is- (a) outside Tuvalu; or
(b) incapacitated; or
(c) under age.

(2) No question whether the conditions prescribed b y or under subsection (1) apply shall be
considered in any court.
(3) No question whether in performing a function as Head of State the Governor-General is
acting in accordance with the will, opinion or deci sion of the Sovereign shall be considered
in any court, and- (a) except to the extent implied by sections 55 ( appointment, etc., of Governor-General)
and 56 ( acting Governor-General ) the Sovereign has no power to give directions to the
Governor-General; and
(b) there is no right of appeal or petition to the Sovereign from or against the
performance of a function by the Governor-General.

59. Provision to the Governor-General of informatio n as to the conduct of government
The Governor-General, as the representative of the Sovereign, is entitled-
(a) to be informed by the Prime Minister concerning the general conduct of the
government of Tuvalu; and
(b) to be given by the Prime Minister any informati on that he asks for with respect to any
particular matter relating to the government of Tuv alu.

60. Performance of certain ceremonial, etc., functi ons
(1) With the approval of the Prime Minister, the Go vernor-General may authorize a person
to perform, on his behalf and in his name, any of t he ceremonial or formal functions of the
Head of State or of the Governor-General.
(2) Subsection (1) does not apply to- (a) any function conferred by this Constitution on the Head of State or on the Governor-
General; or
(b) except as provided for by an Act of Parliament, any function conferred by or under
any Act of Parliament on the Head of State or the G overnor-General; or

(c) any other function certified by the Prime Minister to have a legal or practical effect,
or to be more than only ceremonial or formal.

PART V
THE EXECUTIVE
Division 1 – The Executive Authority of Tuvalu
61. Vesting of the executive authority
(1) The executive authority of Tuvalu is primarily vested in the Sovereign, and in the
Governor-General as the representative of the Sover eign.

(2) The executive authority so vested in the Sovere ign shall be exercised in accordance with
section 52 (performance of functions by the Head of State).

(3) Nothing in this section prevents a law from con ferring functions on any other person or
authority.
62. Offices of Ministers
(1) An office of Prime Minister is established.
(2) Subject to subsection (3), there shall be such number of other offices of Minister, and
they shall have such titles, as are determined by t he Head of State, acting in accordance
with the advice of the Prime Minister.
(3) The number of offices of Minister (other than t he office of Prime Minister) shall not
exceed one third of the total membership of Parliam ent.

(4) One of the Ministers other than the Prime Minis ter may be appointed to the office of
Deputy Prime Minister by the Head of State, acting in accordance with the advice of the
Prime Minister.
(5) Subject to section 71 ( caretaker governments) and to subsection (6), all Ministers
(including the Prime Minister) must be members of P arliament.

(6) If it is necessary to appoint a Minister (other than a Prime Minister) at any time-
(a) after Parliament is dissolved under section 118 (dissolution of Parliament ); and
(b) before the beginning of the first meeting of Pa rliament after the following general
election,

a person who was a member of Parliament immediately before the dissolution may be
appointed.
(7) Subject to sections 68 ( acting Prime Minister) and 76 (proceedings in Cabinet ), all
Ministers other than the Prime Minister rank equall y.

63. The Prime Minister
(1) The Prime Minister shall be elected by the memb ers of Parliament in accordance with
Schedule 2 ( Election and Appointment of Prime Minister ).

(2) The office of the Prime Minister becomes vacant-
(a) on death; or
(b) when a new election to the office of Prime Mini ster is completed; or
(c) if he ceases to be a member of Parliament for a ny reason other than the dissolution of
Parliament; or
(d) if he resigns his office by notice in writing t o the Head of State; or
(e) if he is removed from office under section 64 (removal from office of an
incapacitated Prime Minister ); or
(f) if a motion of no confidence in the Government receives in Parliament the votes of a
majority of the total membership of Parliament.

(3) Subject to section 71 ( caretaker governments), a resignation under subsection (2)(d)
takes effect upon its receipt by the Head of State.

64. Removal from office of an incapacitated Prime M inister
(1) If in the opinion of the Head of State, acting in his own deliberate judgment after
consultation, in confidence, with the other Ministe rs-
(a) the Prime Minister is unable to perform properl y the functions of his office because
of infirmity of body or mind; and
(b) it is desirable in the interests of the good go vernment of Tuvalu that the question of
removing him from office should be investigated,

the Head of State, acting in accordance with the ad vice of a professional medical body
outside Tuvalu approved by an Act of Parliament for the purpose, shall appoint two or more
medical practitioners who are legally qualified to practice medicine in Tuvalu or elsewhere
to investigate the question of the capacity of the Prime Minister.

(2) The persons appointed under subsection (1) shal l investigate the question and make a
joint professional report to the Head of State pers onally.

(3) If after considering the report the Head of Sta te, acting in his own deliberate judgment,
is satisfied that it is in the interests of the goo d government of Tuvalu to do so, he may,
acting in his own deliberate judgment, by written n otice to-
(a) the Prime Minister; and
(b) the Speaker; and
(c) the Cabinet,

remove the Prime Minister from office.
65. Suspension of Prime Minister

(1) If the question of the capacity of the Prime Minister has been referred to a tribunal under
section 64 ( removal from office of an incapacitated Prime Minis ter), the Head of State,
acting in his own deliberate judgment, may suspend the Prime Minister from office.

(2) A suspension under subsection (1)- (a) may be lifted at any time by the Head of State, acting in his own deliberate judgment;
and
(b) ceases to have effect if the tribunal reports t o the Head of State that the Prime
Minister is able to perform properly the functions of his office.

(3) A suspension under this section takes effect wi thout loss of remuneration or other
entitlements.
66 Effect of removal or suspension of Prime Ministe r
His removal under section 64 ( removal from office of an incapacitated Prime Minis ter), or
his suspension under section 65 ( suspension of Prime Minister), does not affect the position
of the Prime Minister as a member of Parliament.
67. The other Ministers
(1) The Ministers other than the Prime Minister sha ll be appointed by the Head of State,
acting in accordance with the advice of the Prime M inister.

(2) The office of a Minister other than the Prime M inister becomes vacant-
(a) on death; or
(b) when a new election to the office of Prime Mini ster is completed; or
(c) if the Minister ceases to be a member of Parlia ment for any reason other than the
dissolution of Parliament; or
(d) subject to subsection (3), if the Minister resi gns his office by notice in writing to the
Head of State; or
(e) if the Minister is removed from office by the H ead of State, acting in accordance with
the advice of the Prime Minister; or
(f) in the circumstances set out in section 63(2)(f ) (which relates to votes of no
confidence in Government ).
(3) A resignation under subsection (2)(d) takes eff ect on the date on which it is received
by the Head of State.

68. Acting Prime Minister
(1) This section applies when the Prime Minister is –
(a) absent from Tuvalu; or
(b) for any other reason unable to perform the func tions of his office.

(2) Subject to subsection (3), in a case to which subsection (1) applies until the Prime
Minister returns to Tuvalu or is again able to perf orm the functions of his office the Deputy
Prime Minister, (if any) shall perform those functi ons.

(3) If- (a) there is no office of Deputy Prime Minister; or
(b) there is a vacancy in the office of Deputy Prim e Minister; or
(c) the Deputy Prime Minister is absent from Tuvalu ; or
(d) the Deputy Prime Minister is for any other reas on unable to perform the functions of
the Prime Minister,

a Minister appointed by the Head of State, acting i n accordance with the advice of the
Prime Minister, shall perform the functions of the Prime Minister.

69. Acting Ministers
(1) When— (a) subject to section 71 ( caretaker governments), the office of a Minister other than the
Prime Minister is vacant; or
(b) a Minister other than the Prime Minister is-
(i) absent from Tuvalu; or
(ii) for any other reason unable to perform the fun ctions of his office,

the Head of State, acting in accordance with the ad vice of the Prime Minister, may appoint
another member of Parliament to perform temporarily the functions of the Minister.

(2) The provisions of section 62(6) (which relates to the appointment of former members of
Parliament as Ministers ) apply to an appointment under this section in the same way as
they apply to other appointments.
70. Conditions of acting appointments to Ministeria l offices
No question whether the need for-
(a) the performance of any function of the Prime Mi nister by another Minister in
accordance with section 68 ( acting Prime Minister); or
(b) the appointment of a person to perform temporar ily the functions of a Minister in
accordance with section 69 ( acting Ministers),

has arisen, or has ceased, shall be considered in a ny court.

71. Caretaker governments
(1) Notwithstanding anything in this Part other tha n this section, in the event of a vacancy
in the office of Prime Minister the Cabinet in offi ce immediately before the occurrence of
the vacancy continues in office as a caretaker gove rnment until a new election of a Prime
Minister is completed.

(2) If the Prime Minister- (a) dies; or
(b) ceases to be a member of Parliament for any rea son other than the dissolution of
Parliament; or
(c) is removed from office under section 64 ( removal from office of an incapacitated
Prime Minister ),

then subsections (4)-(7) apply.
(3) If the Prime Minister resigns under section 63( 2)(d) (which relates to the resignation of
the Prime Minister ) and indicates in his notice of resignation that h e wishes it to become
effective immediately, then subsections (4)-(7) app ly.

(4) Subject to subsection (5), in a case to which s ubsection (2) or (3) applies the Deputy
Prime Minister shall perform the functions of the P rime Minister.

(5) If- (a) there is no office of Deputy Prime Minister; or
(b) subject to section 69 ( acting ministers), there is a vacancy in the office of Deputy
Prime Minister; or
(c) the Deputy Prime Minister is absent from Tuvalu ; or
(d) the Deputy Prime Minister is for any other reas on unable to perform the functions of
the Prime Minister,

a Minister appointed by the Head of State, acting i n his own deliberate judgment after
consultation, in confidence, with the other Ministe rs, shall perform the functions of the
Prime Minister.
(6) The provisions of section 62(6) ( which relates to the appointment of former members of
Parliament to be Ministers ) apply in respect of a caretaker government holdin g office under
this section.
(7) A caretaker government goes out of office when a new election to the office of Prime
Minister is completed.
72. Oaths and affirmations by Ministers
Before entering upon the duties of his office, the Prime Minister and any other Minister
shall take an oath, or make an affirmation, of alle giance, and take an oath, or make an
affirmation, of office, in the forms respectively s et out in Schedule 4 (Oaths and
Affirmations ).

Division 3 – The Cabinet

73. Establishment of the Cabinet
(1) A Cabinet is established for Tuvalu.

(2) The Cabinet consists of the Prime Minister and all the other Ministers.

74. Functions of the Cabinet
The Cabinet is collectively responsible to Parliame nt for the performance of the executive
functions of the Government.
75. Assignment of responsibilities to Ministers
(1) The Head of State, acting in accordance with th e advice of the Prime Minister may-
(a) assign to the Prime Minister or to any other Mi nister responsibility for the conduct of
any business of the Government (including responsib ility for the administration of any
Ministry or office of Government); and
(b) from time to time re-assign any such responsibi lity either on a substantive basis or on
an acting basis.

(2) Except as provided by or under an Act of Parlia ment-
(a) all Ministries, offices and functions of Govern ment shall be the responsibility of the
Prime Minister or another Minister; and
(b) the Prime Minister is responsible for any funct ion of Government that is not
specifically assigned under this section.

76. Proceedings in Cabinet
(1) Meetings of the Cabinet shall be summoned by th e Prime Minister or Minister
appointed to act as Prime Minister.
(2) The Prime Minister shall, as far as practicable , attend and preside at all meetings of the
Cabinet, and in his absence- (a) if there is an office of Deputy Prime Minister and the Deputy Prime Minister is
present – the Deputy Prime Minister shall preside; and
(b) in any other case- a Minister chosen by the Min isters present shall preside.

(3) Subject to this subsection, the quorum for a me eting of the Cabinet is a majority of the
total membership, but if the members of the Cabinet present at a meeting certify to the Head
of State that- (a) it is not practicable for a full quorum to be p resent; and
(b) a matter requiring decision is too urgent to wa it for the availability of a full quorum,

the number of members actually present is a quorum for that meeting.

(4) Subject to the requirement of a quorum in accor dance with subsection (3)-
(a) the Cabinet may conduct any business even if th ere is a vacancy in its membership;
and

(b) proceedings in Cabinet are valid even if a person who was not entitled to do so took
part in those proceedings.

(5) Subject to any directions of the Cabinet, the P rime Minister or Minister appointed to act
as Prime Minister, shall decide what business is to be considered at a meeting of the
Cabinet.
77. Validity of executive acts
(1) The succeeding provisions of this section are s ubject to any Act of Parliament.

(2) Except as authorized by the Cabinet, or as othe rwise required or permitted by an Act of
Parliament, the business and proceedings of the Cab inet shall be kept secret.

(3) No question whether any procedures prescribed f or the Cabinet have been, or are being,
complied with shall be considered in any court.
(4) Subject to subsection (5), no act of the Prime Minister or of any other Minister is open
to any challenge on the ground that he was not auth orized to perform it if any Minister
(whether or not specifically named) was so authoriz ed to do so.

(5) Subsection (4) does not apply in relation to a function that is specifically conferred on
the Prime Minister.
Division 4 – Officers Associated with the Cabinet

78. The Secretary to Government
(1) An office of Secretary to Government is establi shed as an office in the Public Service.

(2) The Secretary to Government shall be appointed in accordance with section 159(3)(a)
( which relates to the appointment of the Secretary t o Government).

(3) Unless he has been excused by or under the auth ority of the Prime Minister, the
Secretary to Government shall attend all meetings o f the Cabinet.

(4) The Secretary to Government is responsible, in accordance with such instructions as are
given to him by the Cabinet, for co-ordinating the work of all Ministries and offices of
Government, and has such other functions as are pre scribed or as are directed by the
Cabinet or the Prime Minister.
(5) On receipt of a written notice of resignation f rom the Secretary to Government, the
Prime Minister shall advise the Public Service Comm ission and submit the resignation to
the Head of State for approval, which, subject to a ny other law, shall take effect on the date
specified.
79. The Attorney-General
(1) An office of Attorney-General for Tuvalu is est ablished as an office in the Public
Service.
(2) The Attorney-General shall be appointed in acco rdance with section 159(4)(a) (which
relates to the appointment of the Attorney-General ).

(3) The Attorney-General is the principal legal adv iser to the Government, and has such
other functions as are prescribed.

(4) A person is not qualified to hold or to act in the office of Attorney-General unless he is
entitled to practise before the High Court.
(5) Unless he is excused by or under the authority of Parliament, the Attorney-General-
(a) shall attend all meetings of Parliament; and
(b) may take part, in accordance with the Rules of Procedure of Parliament, in the
proceedings of Parliament and committees of Parliam ent (but without a vote).

(6) Unless he is excused by or under the authority of the Prime Minister, the Attorney-
General shall attend all meetings of the Cabinet.
(7) Subject to the succeeding provisions of this se ction, in any case where he considers it
desirable to do so the Attorney-General may- (a) take criminal proceedings against any person be fore a court (other than a court-
martial or other military tribunal) in respect of a n offence; or
(b) take over and continue any criminal proceedings referred to in paragraph (a) that
have been taken by any other person or authority; o r
(c) discontinue, at any stage before judgment is gi ven, any criminal proceedings referred
to in paragraph (a) that have been taken by him or by any other person or authority.

(8) Subject to any Act of Parliament, the functions of the Attorney-General may be
performed- (a) in person; or
(b) through officers responsible to him, acting in accordance with his general or specific
instructions,

and references to the Attorney-General include refe rences to officers so acting.

(9) Where any person or authority other than the At torney-General has taken any criminal
proceedings, nothing in this section prevents the w ithdrawal, in accordance with law, of
those proceedings by any person or authority except where those proceedings have been
taken over by the Attorney-General.
(10) Subject to subsections (8) and (9), the powers conferred on the Attorney-General by
subsection (7)(b) and (c) are vested in him to the exclusion of any other person or authority.

(11) Subject to section 15 ( independence) of Schedule 1, in the performance of his
functions under subsection (7) the Attorney-General is not subject to the direction or control
of any other person or authority.
(12) Subject to subsection (13), for the purposes o f this section-
(a) an appeal from a decision in any proceedings; a nd
(b) a case stated or question of law reserved for t he purpose of any proceedings,

is part of those proceedings.
(13) The functions of the Attorney-General under subsection (7)(c) shall not be exercised in
relation to- (a) an appeal by a person convicted in any proceedi ngs; or
(b) a case stated or question of law reserved at th e instance of a person convicted in any
proceedings; or
(c) a judicial review of any proceedings.

Division 5 – The Power of Mercy
80. Commutation, etc., of sentences
(1) The Head of State, acting in accordance with th e advice of the Cabinet, may-
(a) grant to a person a pardon, either free or subj ect to lawful conditions, for an offence;
or
(b) relieve a person from any disability imposed by this Constitution or by or under an
Act of Parliament because of a conviction under, or a contravention of, or a failure to
comply with, a law of a country other than Tuvalu; or
(c) grant to a person a delay, either indefinite or for a specified period, in the
enforcement of any penalty imposed on that person f or an offence; or
(d) substitute a less severe form of punishment for any punishment imposed on a person
for an offence; or
(e) remit the whole or part of-
(i) any punishment imposed on a person for an offen ce; or
(ii) any penalty, fine or forfeiture otherwise due to the Government on account of an
offence.

(2) In any case in which the power of mercy is exer cised in accordance with subsection (1),
the Prime Minister shall present to Parliament- (a) if the power is exercised during a meeting of P arliament – during that meeting; or
(b) if the power is exercised at any other time – d uring the next meeting of Parliament,

a statement giving details of the exercise of the p ower and of the reasons for it.

PART VI
PARLIAMENT AND LAW -MAKING

Division 1 – Parliament

81. Establishment of Parliament
A Parliament is established for Tuvalu.

82. Composition of Parliament
(1) Subject to subsection (3), Parliament shall consist of such number of members as is
fixed by or under an Act of Parliament and a Bill f or an Act to amend the number of
members so fixed shall not be passed by Parliament unless it is supported at its Third
Reading by the votes of not less than two-thirds of the members of Parliament.

(2) The members shall be directly elected in accord ance with this Constitution and, subject
to this Constitution, in accordance with an Act of Parliament.

(3) The number of members of Parliament shall not b e less than twelve.

(4) For the purpose of the election of the members of Parliament, electoral districts shall be
established, having- (a) such boundaries; and
(b) such number of elected representatives,

as are prescribed by or under an Act of Parliament.

(5) Nothing in this Constitution prevents an Act of Parliament from making special
provision for the representation of a part of Tuval u with special electoral problems, or
related problems.
83. Principles of electoral apportionment
(1) This section does not affect the operation of s ection 82(5) (which relates to special
electoral provisions for particular parts of Tuvalu .)

(2) Subject to subsection (1), a Bill for an Act fo r the purposes of section 82 (composition
of Parliament ) shall, so far as practicable, be based on the pri nciple that each member of
Parliament should represent approximately the same number of electors, but in the
circumstances of Tuvalu account must also be taken of-
(a) geographical features; and
(b) interests or relationships of any kind that var ious areas-
(i) may have in common; or
(ii) may not have in common; and
(c) the boundaries of existing administrative and t raditional areas; and
(d) means of communication; and
(e) density and mobility of population; and
(f) such other factors as are prescribed by an Act of Parliament for the purpose.

Division 2 – The Law-making Power
84. Vesting of the law-making power

Subject to this Constitution, Parliament may make laws, not inconsistent with this
Constitution, including- (a) laws having effect outside Tuvalu; and
(b) laws having retrospective effect; and
(c) laws providing for all matters that are necessa ry or convenient to be prescribed-
(i) for carrying out or giving effect to this Const itution; or
(ii) for defining or detailing, or for further defi ning or detailing, any matter in this
Constitution.

85. Delegated legislation
Acts of Parliament may provide- (a) for the delegation to any person or authority o ther than Parliament of power to make
regulations and other subsidiary laws; and
(b) for the control of the use of any power delegat ed under paragraph (a), whether-
(i) by means of a requirement of approval; or
(ii) by means of a power to disallow,

or in some other prescribed way.
86. Manner of exercise of the law-making power.
(1) The power of Parliament to make laws shall be e xercised by means of Bills passed, in
accordance with section 111 ( procedure on Bills, etc.), by Parliament and assented to by the
Head of State.
(2) When a Bill is presented to the Head of State f or assent the Head of State shall promptly
assent to it.
(3) A Bill that has been assented to is an Act of P arliament.

Division 3 – Membership of Parliament

87. Nature of elections
(1) Members of Parliament shall be elected under a system of universal, citizen, adult
suffrage, in accordance with this Constitution and any law made for the purposes of section
89 ( electoral laws ).

(2) All contested elections of members of Parliamen t shall be held by secret ballot.

(3) The provisions of subsection (2) shall not be c onsidered to be contravened by a law that
makes reasonable provision for assistance in voting to be given, on request, to any person.

88. Holding of elections
(1) There shall be a general election as soon as pr acticable after every dissolution of
Parliament.

(2) There shall be a bye-election as soon as practicable after the occurrence of any casual
vacancy in the membership of Parliament.
89. Electoral laws
(1) Subject to this Constitution, an Act of Parliam ent may make provision for and in
relation to Parliamentary elections.
(2) An Act of Parliament shall make provision for s afeguarding the integrity of
Parliamentary elections, especially in circumstance s to which section 87(3) (special
provisions for certain voters ) applies.

Subdivision B – Electors

90. Right to vote
(1) Subject to the succeeding provisions of this se ction, any person who is registered under
an Act of Parliament as an elector for Parliamentar y elections in an electoral district is
entitled to vote, in such manner as is prescribed, in an election of a member of Parliament
for that district.
(2) An Act of Parliament may prohibit a person from voting in an election if-
(a) he is an electoral officer within the meaning o f the Act; or
(b) he has been involved in the commission of an of fence in connection with an election.

(3) A person is not entitled to vote in an election if-
(a) throughout the hours and on the date or dates f ixed for the polling he is under arrest
or in prison; or
(b) except as prescribed, he is for any reason unab le to attend in person at the place and
time fixed for the polling.

(4) A person is not entitled to vote in an election of a member of Parliament for an electoral
district if he is not registered as an elector for Parliamentary elections in that district.

91. Qualifications for registration
(1) Subject to section 92 ( disqualification from registration ), a person is entitled to be
registered as an elector in Parliamentary elections if, and is not entitled to be registered as
such an elector unless- (a) he is a citizen of Tuvalu; and
(b) he has attained the age of 18 years; and
(c) he satisfies such other requirements (whether a s to residence or otherwise) as are
prescribed.

(2) A person is not entitled to be registered as an elector in Parliamentary elections in more
than one electoral district at the same time.
92. Disqualification from registration
(1) A person is not entitled to be registered as an elector in Parliamentary elections if-

(a) subject to section 102 ( calculation of sentences) and to subsection (2), he has been
sentenced by a court in a Commonwealth country to d eath or to imprisonment (by
whatever name called) for a term exceeding 12 month s, and has not received a free
pardon; or
(b) he is certified to be insane, or otherwise adju dged to be of unsound mind, under an
Act of Parliament; or
(c) he is disqualified, under an Act of Parliament relating to offences in connection with
elections, from being registered as an elector in P arliamentary elections.

(2) Subsection (1)(a) does not apply if- (a) on appeal or review-
(i) the conviction is overthrown; or
(ii) the sentence is reduced to a sentence of impri sonment for a term not exceeding 12
months, or to some other penalty; or
(b) in the case of a sentence of imprisonment (whet her it was the original sentence or
was substituted on appeal or review) – three years have elapsed since the end of the
imprisonment.

Subdivision C – Candidates

93. Candidature
(1) A candidate for election to Parliament must be-
(a) qualified for election as a member of Parliamen t; and
(b) nominated in accordance with an Act of Parliame nt.

(2) A member of Parliament is not qualified to be a candidate.

94. Qualifications for election
Subject to section 95 ( disqualification from election ) a person is qualified to be elected as a
member of Parliament if, and is not qualified to be elected as a member of Parliament
unless,- (a) he is a citizen of Tuvalu; and
(b) he has attained the age of 21 years.
95. Disqualification from election
(1) A person is not qualified to be elected as a me mber of Parliament if-
(a) subject to Section 102 ( calculation of sentences) and to subsection (2), he has been
sentenced by a court in a commonwealth country to d eath or to imprisonment (by
whatever name called) for a term exceeding 12 month s, and has not received a free
pardon, or is serving a prison sentence; or

(b) he is certified to be insane, or otherwise adjudged to be of unsound mind, under an
Act of Parliament; or
(c) he is disqualified, under an Act of Parliament relating to offences in connection with
elections, from membership of Parliament; or
(d) he is, by virtue of his own act, under an ackno wledgement of allegiance, obedience or
adherence to a country other than Tuvalu; or
(e) he has been adjudged or otherwise declared bank rupt under a law of a
Commonwealth country, and has not been discharged; or
(f) subject to such exceptions as are prescribed, h e holds, or is acting in, any office or
position in a State Service; or
(g) he is the Head of State, a Judge of the High Co urt or a magistrate; or
(h) he is a member of the Public Service Commission .

(2) Subsection (l)(a) does not apply if- (a) on appeal or review-
(i) the conviction is overthrown; or
(ii) the sentence is reduced to a sentence of impri sonment for a term not exceeding 12
months, or to some penalty other than imprisonment; or
(b) in the case of a sentence of imprisonment, whet her it was the original sentence or
was substituted on appeal or review, three years ha ve elapsed since the end of the
imprisonment.

Subdivision D – Members

96. Tenure of office
(1) The seat of a member of Parliament becomes vaca nt-
(a) on death; or
(b) on a dissolution of Parliament; or
(c) if he is absent from the sittings of Parliament for such period and in such
circumstances as are prescribed in the Rules of Pro cedure of Parliament; or
(d) subject to subsection (2), if, not being the Sp eaker, he resigns his seat by written
notice to the Speaker; or
(e) subject to subsection (3), if, being the Speake r-
(i) he announces to Parliament his resignation from his seat; or
(ii) he resigns his seat by written notice addresse d to Parliament and given to the
Clerk of Parliament; or

(f) if he ceases to be qualified for, or becomes di squalified from, election to Parliament
under section 94 ( qualifications for election ) or 95 (disqualification from election ); or
(g) in the circumstances set out in section 97 ( disclosure of interest) or 98 (vacation of
seat on sentence ); or
(h) if his seat is declared to be vacant under sect ion 99 (recall of incapacitated member );
or
(i) if he becomes the Head of State or a Judge of t he High Court.

(2) A resignation under subsection (1)(d) takes eff ect on the date on which it is received by
the Speaker.
(3) A resignation under subsection (1)(e) takes eff ect on the date on which it is-
(a) announced to Parliament; or
(b) received by the Clerk of Parliament,

as the case may be.
97. Disclosure of interest
(1) An Act of Parliament or the Rules of Procedures of Parliament may make provision
requiring a member of Parliament who has an interes t in a matter under consideration in
Parliament- (a) to disclose his interest; and
(b) except with the approval of Parliament, not to take part in any proceedings in
Parliament, or in a committee of Parliament, in rel ation to the matter.

(2) An Act of Parliament or the Rules of Procedure of Parliament may provide that if a
member of Parliament contravenes a provision referr ed to in subsection (1) his seat
becomes vacant.
98. Vacation of seat on sentence
(1) Subject to section 102 ( calculation of sentences) and to the succeeding provisions of
this section, if a member of Parliament is sentence d by a court in a Commonwealth country
to death or to imprisonment (by whatever name calle d) for a term exceeding 12 months-
(a) he shall forthwith cease to discharge his funct ions as a member of Parliament, and
shall not attend Parliament as a member of Parliame nt; and
(b) his seat becomes vacant at the end of 30 days a fter the date of sentence.

(2) The Speaker may, at the request of the member, from time to time extend the period of
30 days referred to in subsection (1)(b) to enable the member to pursue any appeal (judicial
or other) in respect of his conviction or sentence, but extensions totalling more than 150
days shall not be granted without the consent of Pa rliament, signified by resolution.

(3) If before a member vacates his seat under this section-

(a) he receives a free pardon; or
(b) on appeal or review-
(i) the conviction is overthrown; or
(ii) the sentence is reduced to a sentence of impri sonment for a term not exceeding 12
months, or to some penalty other than imprisonment,

his seat does not become vacant, and he may again d ischarge his functions as a member.

(4) A reference in this section to functions as a m ember of Parliament includes a reference
to functions performed in any capacity arising out of membership of Parliament (including
functions as Speaker or as the Prime Minister or an other Minister).

99. Recall of incapacitated member
(1) If more than 50 percent of the persons who are registered as electors for Parliamentary
elections in an electoral district sign a petition to the Head of State stating that a member of
Parliament for that district is unable to perform p roperly the functions of a member because
of infirmity of body or mind, the succeeding provis ions of this section apply.

(2) If the Head of State, acting in his own deliber ate judgment, is satisfied that-
(a) a petition delivered to him complies with subse ction (1); and
(b) it is desirable in the interests of the good go vernment of Tuvalu that the question of
removing the member should be investigated,

the Head of State, acting in accordance with the ad vice of a professional medical body
outside Tuvalu approved by an Act of Parliament for the purpose, shall appoint two or more
medical practitioners who are legally qualified to practise medicine either in Tuvalu or
elsewhere to investigate the question of the capaci ty of the member.

(3) The persons appointed under subsection (2) shal l investigate the question and make a
joint professional report to the Head of State pers onally.

(4) If after considering the report the Head of Sta te, acting in his own deliberate judgment,
is satisfied that it is desirable in the interests of the good government of Tuvalu to do so, he
shall, acting in his own deliberate judgment, by wr itten notice to-
(a) the Speaker; and
(b) the member,

declare the seat of the member concerned to be vaca nt.

Subdivision E – Miscellaneous
100. Questions as to membership of Parliament
(1) The High Court has jurisdiction to determine, i n accordance with law, any question
whether- (a) a candidate has been validly elected as a membe r of Parliament; or

(b) a member of Parliament has vacated his seat, or is required by section 98 (vacation of
seat on sentence ) to cease to perform his functions as a member; or
(c) the seat of a member has been declared vacant i n accordance with any Act of
Parliament or Rules of Procedure of Parliament prov ided for by section 97 (disclosure of
interest ); or
(d) the seat of a member has been declared vacant i n accordance with section 99 (recall
of incapacitated member ).

(2) There is no appeal from a decision of the High Court in proceedings under subsection
(1).
101. Sitting, etc., while unqualified
(1) A person who sits or votes in Parliament or in a committee of Parliament knowing, or
having reasonable grounds for believing, that he is not entitled to do so is liable to a civil
penalty not exceeding $20.00 for each day upon whic h he so sits or votes.

(2) A penalty under subsection (1) may be recovered only by civil action in the High Court
by the Attorney-General.
102. Calculation of sentences
(1) This section applies to the calculation of the lengths of periods of imprisonment for the
purposes of- (a) section 92 ( disqualification from registration ); and
(b) section 95 ( disqualification from election ); and
(c) section 98 ( vacation of seat on sentence ).

(2) For the purposes of the provisions referred to in subsection (1)-
(a) two or more terms of imprisonment that are requ ired to be served consecutively shall
be regarded as a single term of the total period; a nd
(b) no account shall be taken of a sentence of impr isonment imposed in default of
payment of a fine; and
(c) “review” includes an administrative or executiv e review of a sentence.

Division 4 – The Speaker

103. Establishment of the office of Speaker
An office of Speaker of Parliament is established.
104. Election of the Speaker
(1) Subject to this section, the Speaker shall be e lected by the members of Parliament from
among their own number.
(2) As soon as practicable after-

(a) each general election; or
(b) the occurrence of a casual vacancy in the offic e of Speaker,

but after any necessary election of a Prime Ministe r, the Head of State, acting in accordance
with the advice of the Prime Minister, shall call a meeting of the members of Parliament for
the purpose of electing a Speaker, at a date, time and place fixed by the Head of State,
acting in accordance with the advice of the Prime M inister, by notice to each member.

(3) The Clerk of Parliament shall preside at the me eting, and for that purpose has all the
functions of the Speaker as if the meeting were a m eeting of Parliament.

(4) When a Speaker is elected, the Clerk of Parliam ent shall so inform the Head of State,
and the Head of State shall appoint the person so e lected to be the Speaker.

(5) At the commencement of the first sitting day of Parliament after the appointment of a
Speaker, the Clerk of Parliament shall announce to the members of Parliament present the
appointment of the Speaker and the person appointed shall then take his place as Speaker

105. Tenure of office of the Speaker
(1) The office of Speaker becomes vacant- (a) on death; or
(b) when a Speaker next takes his place under secti on 104(5) (which relates to the
Speaker taking his place after his appointment by t he Head of State); or
(c) subject to subsection (2), if-
(i) he announces to Parliament his resignation from office; or
(ii) he resigns his office by written notice addres sed to Parliament and given to the
Clerk of Parliament; or
(d) if he ceases to be a member of Parliament for a ny reason other than the dissolution of
Parliament; or
(e) if he becomes Prime Minister or another Ministe r; or
(f) if he becomes the Head of State or a Judge of t he High Court; or
(g) if Parliament so resolves by resolution support ed by the votes of two thirds of the
total membership.

(2) A resignation under subsection (1)(c) takes eff ect on the date on which it is-
(a) announced to Parliament; or
(b) received by the Clerk of Parliament,

as the case may be.
106. Functions of the Speaker

(1) Subject to subsection (2), when he is present the Speaker shall preside at all sittings of
Parliament and of committees of Parliament.
(2) An Act of Parliament or the Rules of Procedure of Parliament may provide that
subsection (1) does not apply- (a) when Parliament is in a committee of the whole Parliament; or
(b) on other occasions, or in other circumstances, prescribed in the Act or the Rules.

(3) Subject to any Act of Parliament made for the p urposes of subsection (6), the Speaker is
responsible for ensuring that the business of Parli ament is conducted in accordance with
this Constitution, any applicable Act of Parliament and the Rules of Procedure of
Parliament.
(4) The Speaker shall do his best to ensure that- (a) proceedings in Parliament are conducted at all times with dignity, decorum and
politeness; and
(b) abusive, unnecessarily violent or otherwise obj ectionable language is not used in
Parliament; and
(c) Parliamentary privilege is not abused by the ma king of unnecessary personal attacks
on other members of Parliament or other persons, or in any other manner.

(5) The Speaker has such other functions as are pro vided for by this Constitution, any Act
of Parliament and the Rules of Procedure of Parliam ent.

(6) Subject to any Act of Parliament, the decision of the Speaker on any matter relating to
the conduct of the business of Parliament is final.

(7) The Speaker shall perform his functions imparti ally, and has a duty to ensure that in the
conduct of the business of Parliament there is a re asonable opportunity for all members
present to be fairly heard.
107. Acting Speaker
(1) If the Speaker is absent from a sitting of Parl iament or if there is a vacancy in the office
of Speaker during a meeting, a member of Parliament (not being the Prime Minister or
another Minister) elected by the members shall, unt il relieved by the Speaker, perform the
functions of the Speaker.
(2) If at any time when Parliament is not sitting- (a) the Speaker is absent from Tuvalu or is for any other reason unable to perform his
functions; and
(b) no member has been elected under subsection (1) , the Clerk of Parliament shall
perform the parliamentary functions of the Speaker.

(3) The Clerk of Parliament shall preside for the p urposes of the election of an acting
Speaker under subsection (1).

(4) No question whether the need for the election of a person to perform the functions of the
Speaker in accordance with this section has arisen, or has ceased, shall be considered in any
court.
Division 5 – Procedures in Parliament

108. Rules of Procedure
(1) Subject to this Constitution and to any Act of Parliament, Parliament may make rules of
procedure for the regulation and orderly conduct of its proceedings and the discharge of
business at sittings of Parliament, and for related purposes.

(2) The rules shall ensure that in the conduct of t he business of Parliament there is a
reasonable opportunity for all members to be fairly heard.

109. Quorum of Parliament
(1) Subject to subsection (3), the quorum for a mee ting of Parliament is one more than one
half of the total membership, ignoring any fraction which may arise in calculating one half
of the total membership.
(2) If at any time- (a) the Speaker declares that a quorum in accordanc e with subsection (1) is not present;
and
(b) after such interval as is prescribed in the Rul es of Procedure of Parliament for the
purpose such a quorum is again not present,

the Speaker shall adjourn Parliament until a time a nd date that he thinks appropriate.

(3) If at the time and date fixed by the Speaker un der subsection (2) a quorum in accordance
with subsection (1) is not present, the number of m embers of Parliament actually present
and qualified to take part in the proceedings is a quorum for the purposes of that day’s
sitting.
110. Voting in Parliament
(1) Subject to this Constitution, all questions bef ore Parliament shall be determined in
accordance with a majority of the votes of the memb ers of Parliament present and voting.

(2) Subject to subsection (3), the Speaker does not have an original vote, but-
(a) has; and
(b) shall exercise,

a casting vote.
(3) The Speaker has an original vote, but not a cas ting vote-
(a) on a motion of no confidence in the Government; and
(b) on a Bill for an Act to amend this Constitution

111. Procedure on Bills, etc

(1) Subject to this Constitution, any member of Parliament may, in accordance with the
Rules of Procedure of Parliament- (a) introduce a Bill in Parliament; or
(b) propose a motion for debate in Parliament; or
(c) present a petition to Parliament,

and it shall be disposed of in accordance with this Constitution and the Rules.

(2) Subject to section 2 ( the area of Tuvalu), with the exception of-
(a) Appropriation Bills; and
(b) Bills certified by the Head of State, acting in accordance with the advice of the
Cabinet, to be-
(i) urgent; or
(ii) not of general public importance,

Parliament shall not proceed upon a Bill after its first reading until the next session of
Parliament, and after the first reading the Clerk o f Parliament shall circulate the Bill to all
local governments for consideration and comment.
(3) Parliament shall consider and dispose of any co mments received under subsection (2).

(4) Parliament shall not proceed- (a) further than the first reading of a Bill for an y purpose referred to in section 166(1)
( which relates to Executive initiative ); or
(b) on a motion or amendment which would have a sim ilar effect, without the
recommendation of a Minister as required by section 166(1) (which relates to Executive
initiative ).

Division 6 – Miscellaneous
112. Oath and affirmation of members of Parliament
(1) Subject to subsection (3), no member of Parliam ent may take part in the proceedings of
Parliament (other than formal proceedings and proce edings necessary for the purpose of this
section) until he has, before Parliament, made an o ath, or taken an affirmation, of allegiance
in the form in Schedule 4.
(2) The swearing-in of a member of Parliament takes precedence over all other business
(other than formal business and business referred t o in subsection (3)) in Parliament

(3) Subsection (1) does not apply in relation to- (a) proceedings for the election of a Prime Ministe r under section 63(1) (which relates to
the election of a Prime Minister ) and Schedule 2 (Election and Appointment of the Prime
Minister ); or

(b) proceedings for the election of a Speaker under section 104 (election of the Speaker )
or of an acting Speaker under section 107(1) ( which relates to the election of a member
of Parliament as acting Speaker ).

113. Validity of proceedings in Parliament
Subject to sections 109 ( quorum of Parliament) and 110 (voting in Parliament )-
(a) Parliament or a committee of Parliament may con duct any business even if there is a
vacancy in its membership; and
(b) the proceedings of Parliament, and of a committ ee of Parliament, are valid even if a
person who was not entitled to do so took part in t hose proceedings.

114. Privileges of Parliament
(1) The purpose of this section is to allow, as is customary in Parliaments-
(a) certain privileges and immunities to be conferr ed upon Parliament and members of
Parliament; and
(b) certain powers to be conferred upon Parliament, in order to facilitate the proper
conduct of the business of Parliament, and to preve nt improper interference with the
conduct of that business.
(2) Subject to subsections (4) and (5), Parliament may provide for-
(a) privileges and immunities of Parliament and mem bers of Parliament; and
(b) powers of Parliament.

(3) Any provision made by Parliament for the purpos es of subsection (2) shall be
interpreted and applied only in accordance with the purpose of this section as set out in
subsection (1).
(4) No civil or criminal proceedings may be institu ted against a member of Parliament-
(a) for words spoken in, or included in a report to , Parliament or a committee of
Parliament; or
(b) by reason of any matter or thing brought by him in Parliament or a committee of
Parliament.

(5) No process issued by a court shall be served or issued within the precincts of Parliament
(as defined by or under an Act of Parliament or the Rules of Procedure of Parliament).

115. Clerk of Parliament and other officers
There shall be a Clerk of Parliament and such other officers as are necessary for the proper
conduct of the business of Parliament, who shall be members of a State Service.

Division 7 – Summoning, Dissolution, etc.
116. Meetings of Parliament

(1) Subject to this section, Parliament shall meet at such places in Tuvalu, and at such
times, as the Head of State, acting in accordance w ith the advice of the Cabinet, appoints.

(2) Sessions of Parliament shall be held in such a way that no period of 12 months
intervenes between the end of one session and the b eginning of the next.

(3) A session of Parliament shall be appointed to b egin as soon as practicable after the
declaration of the results of a general election, a nd in any event within three months after
the declaration.
(4) In the event of a failure to comply with subsec tion (2) or (3), the Speaker shall call a
meeting of Parliament, unless in the meantime a mee ting has been called under subsection
(1).
117. Prorogation of Parliament
The Head of State, acting in accordance with- (a) a resolution of Parliament; or
(b) subject to any resolution of Parliament, the ad vice of the Prime Minister,

may at any time prorogue Parliament.
118. Dissolution of Parliament
(1) Subject to this section, Parliament is automati cally dissolved at the end of the period of
four years after the date of its first sitting afte r a general election.

(2) The Head of State, acting in accordance with a resolution of Parliament may at any time
dissolve Parliament.
(3) If- (a) the office of Prime Minister is vacant; and
(b) no person has been elected to that office withi n such period as the Head of State,
acting in his own deliberate judgment, thinks reaso nable, the Head of State, acting in his
own deliberate judgment, may dissolve Parliament.

(4) Subject to subsection (5), Parliament remains d issolved until the declaration of the
results of the following general election.
(5) Subject to subsection (6), if the Head of State certifies that there is an urgent matter
requiring the attention of Parliament at a time whi le Parliament is dissolved he may re-
convene Parliament, and Parliament may meet and act as if it had not been dissolved.

(6) The functions of the Head of State under subsec tion (5) shall be performed-
(a) in accordance with the advice of the Cabinet, a nd
(b) subject to any such advice, in his own delibera te judgment.

(7) A meeting of Parliament re-convened under subsection (5) shall consider only the
matter certified under that subsection and matters that, in the opinion of the Speaker, arise
out of it.
PART VII
THE COURTS

Division 1 – General

119. The judicial system
The judicial system of Tuvalu consists of-
(a) the Sovereign in Council (as provided for in Di vision 4); and
(b) the Court of Appeal for Tuvalu (as provided for in Division 3); and
(c) the High Court of Tuvalu (as provided for in Di vision 2); and
(d) such other courts and tribunals as are provided for by or under Acts of Parliament.

Division 2 – The High Court
Subdivision A – Establishment, etc.
120. Establishment of the High Court
(1) A High Court of Tuvalu is established.
(2) The High Court is a superior court of record.
121. Composition of the High Court
The High Court is constituted by the Chief Justice of Tuvalu and any other Judges
appointed under section 123 ( other Judges).

122. The Chief Justice of Tuvalu
(1) An office of Chief Justice of Tuvalu is establi shed.

(2) The Chief Justice shall be appointed by the Hea d of State, acting in accordance with the
advice of the Cabinet, for such period as is specif ied in the instrument of his appointment.

123. Other Judges
If the Cabinet is satisfied that the appointment of an additional Judge is necessary for the
proper performance of the functions of the High Cou rt, the Head of State, acting in
accordance with the advice of the Cabinet given aft er consultation with the Chief Justice,
may appoint a person to be a Judge of the High Cour t-
(a) for such period; or
(b) in relation to such matters,

as is or are specified in the instrument of his app ointment.

124. Qualifications of Judges
A person is not qualified for appointment as a Judg e of the High Court unless-

(a) he is or has been a judge of a court of unlimited jurisdiction in civil and criminal
matters in some country that has a legal system sim ilar to that of Tuvalu, or of a court
having jurisdiction in appeals from such a court; o r
(b) has been qualified for at least five years to p ractice as a barrister or solicitor, or the
equivalent, in a country referred to in paragraph ( a).

125. Remuneration, etc., of Judges
(1) The salaries or other remuneration and the allo wances of the Judges of the High Court
are as provided for in section 169 ( remuneration of certain officials).

(2) Subject to this Constitution and to any Act of Parliament, the other conditions of
employment of a Judge of the High Court are as agre ed between the Judge and the Cabinet.

126. Tenure of office of Judges
(1) A Judge of the High Court vacates his office- (a) on death; or
(b) if he is removed from office under section 127 (removal of Judges from office ); or
(c) subject to subsection (2), if he resigns by not ice in writing to the Head of State; or
(d) at the end of the period of his appointment; or
(e) in the case of a Judge appointed in accordance with section 123(b) (which relates to
the appointment of other Judges for certain matters ) – on the conclusion of the matters in
relation to which he was appointed.

(2) A resignation under subsection (1)(c) becomes e ffective on the date on which it is
received by the Head of State, or on such later dat e as is fixed by agreement between the
Judge and the Cabinet.
127. Removal of Judges from office
(1) A Judge of the High Court may be removed from o ffice only-
(a) for inability to perform properly the functions of his office (whether arising from
infirmity of body or mind, or from some other cause ) or for misbehaviour; and
(b) in accordance with this section.
(2) A Judge of the High Court may be removed from o ffice by Parliament, by resolution, if-
(a) the question of his removal from office has bee n referred to a tribunal appointed
under subsection (3); and
(b) the tribunal has advised Parliament that he oug ht to be removed from office for a
reason set out in subsection (1)(a).

(3) If the Cabinet decides, or Parliament resolves, that the question of removing a Judge
from office should be investigated, the Head of Sta te, acting after consultation with-
(a) the Prime Minister; and

(b) in the case of a Judge other than the Chief Jus tice, the Chief Justice,

shall appoint an independent tribunal consisting of a chairman and at least one other
member, each of whom is qualified for appointment a s a Judge of the High Court, to
investigate the question.
(4) The tribunal shall investigate the question and report on it to Parliament, with its advice
whether or not the Judge should be removed from off ice.

(5) The provisions of Schedule 3 ( procedure, etc., of the Public Service Commission a nd
certain Tribunals ) apply to and in respect of the tribunal.

128. Suspension of Judges
(1) If the question of removing a Judge of the High Court from office has been referred to a
tribunal under section 127 ( removal of Judges from office ) the Head of State, acting in
accordance with the advice of the Cabinet may suspe nd the Judge from office.

(2) A suspension under subsection (1)- (a) may be lifted at any time by the Head of State, acting in accordance with the advice
of the Cabinet; and
(b) ceases to have effect if the tribunal advises P arliament that the Judge should not be
removed from office.

(3) A suspension under this section takes effect wi thout loss of remuneration or other
entitlements.
129. Completion of pending matters
Even when he vacates his office (otherwise than by removal from office under section 127
( removal of Judges from office ), a Judge of the High Court may continue to perfor m the
functions of that office in relation to any proceed ings commenced before him while his
appointment was in force, and while so acting he co ntinues to be entitled to his previous
remuneration and other entitlements.
Subdivision B. – Jurisdiction

130. Jurisdiction of the High Court generally
(1) The High Court has jurisdiction-
(a) in relation to Part II ( Bill of Rights) of this Constitution – as provided by Division 5
( Enforcement of the Bill of Rights ) of that Part; and
(b) in relation to questions as to membership of Pa rliament – as provided by section 100
( questions as to membership of Parliament ); and
(c) in relation to other questions as to the interp retation or application of this
Constitution – as provided by section 131 ( constitutional interpretation); and
(d) in relation to appeals generally – as provided by section 132 (appellate jurisdiction of
the High Court ); and

(e) in other matters – as provided for by sections 14(3) (which relates to the effect of
Parliamentary declarations of purpose ) and 133 (other jurisdiction, etc., of the High
Court ), and otherwise in this Constitution.

(2) Subject to any Act of Parliament providing for the jurisdiction of two or more members
of the High Court sitting together, the jurisdictio n of the High Court may be exercised by
the Chief Justice or a single Judge.
131. Constitutional interpretation
(1) Subject to subsection (2), the High Court has o riginal jurisdiction to determine any
question as to the interpretation or application of this Constitution.

(2) Where- (a) any question as to the interpretation or applic ation of this Constitution arises in any
proceedings in a subordinate court; and
(b) that court is of the opinion that the question involves a substantial question of law,

the court may, and shall if a party to the proceedi ngs so requests, refer the question to the
High Court for determination.
132. Appellate jurisdiction of the High Court
The High Court has such jurisdiction to determine a ppeals from decisions of subordinate
courts as is provided for by this Constitution or b y or under Acts of Parliament.

133. Other jurisdiction, etc., of the High Court
The High Court has such other jurisdiction, power a nd authority as are conferred by or
under Acts of Parliament.
Division 3. – The Court of Appeal

134. Establishment of the Court of Appeal
(1) A Court of Appeal for Tuvalu is established.
(2) The Court of Appeal shall be constituted as pro vided for by an Act of Parliament.

(3) Parliament shall not proceed upon a Bill for an Act referred to in subsection (2) after its
first reading in Parliament unless the Speaker has obtained, and has presented to
Parliament, a report from the Chief Justice on the proposal.

135. Jurisdiction of the Court of Appeal
(1) Subject to- (a) section 41(2) (which relates to frivolous or ve xatious appeals against determinations
as to contraventions of the Bill of Rights); and
(b) section 100(2) (appeals on questions as to memb ership of Parliament); and
(c) any Act of Parliament,

the Court of Appeal has jurisdiction to determine a ppeals from decisions of the High Court,
whether in the exercise of original jurisdiction or in the exercise of appellate jurisdiction.

(2) No Act of Parliament made for the purposes of subsection (1) affects the rights of
appeal provided for by Division 5 ( Enforcement of the Bill of Rights) of Part II.

Division 4 – The Sovereign In Council

136. Jurisdiction of the Sovereign in Council
(1) An appeal may be made from a decision of the Co urt of Appeal to the Sovereign in
Council- (a) with the leave of the Court of Appeal- (i) in the case of a final decision on a question a s to the interpretation or application of
this Constitution; or
(ii) in the case of a final decision in proceedings under Division 5 (Enforcement of the
Bill of Rights ) of Part II;
(iii) in the case of-
(A ) a final decision; or
(B) an interlocutory decision, that is to say, a de cision of a kind referred to in
subsection (2),
in any proceedings, where in the opinion of the Cou rt of Appeal the question involved
in the appeal is one which, because of its great ge neral or public importance, or
otherwise, ought to be submitted to the Sovereign i n Council; and
(b) in such other cases and on such conditions as a re provided for by or under an Act of
Parliament.
(2) In subsection (l)(a)(iii)(B), “interlocutory de cision” refers to a decision which-
(a) is made during or for the purposes of some lega l proceedings; and
(b) is incidental to those proceedings; and
(c) does not finally dispose of those proceedings.

PART VIII
PUBLIC EMPLOYMENT
Division 1. – General

137. Interpretation of Part VIII
In this Part-
“personnel matter” means any service decision or ac tion concerning an individual,
including- (a) appointment and confirmation of appointment; an d

(b) promotion and demotion; and
(c) transfer from office to office or from place to place (except movement within a
common cadre); and
(d) disciplinary action; and
(e) suspension; and
(f) cessation or termination of employment (except cessation or termination at the end
of the person’s regular period of employment as det ermined according to law).

138. Application of Part V111
(1) This Part does not apply to or in relation to- (a) consultants, advisers or agents (without execut ive authority or power of direction of
members of a State Service) who are-
(i) employed on an honorary basis: or
(ii) remunerated by fees or commission only, with o r without travelling or subsistence
allowances, expense allowances or similar allowance s; or
(b) except as provided by or under an Act of Parlia ment-
(i) the holders of offices listed in section 161 ( application of Division 5); or
(ii) the members of the staff of statutory authorit ies; or
(iii) members of, or members of the staff of, local governments or authorities.

(2) Nothing in this Part prevents the creation of- (a) statutory offices; or
(b) statutory corporations or authorities; or
(c) statutory or administrative commissions, boards or committees, or similar bodies,

or the determination, in accordance with law, of co nditions of employment relating to them.

139. The State Services
(1) Subject to this Part, Acts of Parliament shall make provision for and in relation to-
(a) a Public Service; and
(b) the Tuvalu Police.

(2) Subject to this Part, Acts of Parliament may ma ke provision for and in relation to-
(a) a Prison Service; and
(b) other State Services of Tuvalu.

140. Creation etc., of offices, etc., in State Services
Subject to any Act of Parliament, the Cabinet may-
(a) create or abolish offices or positions in State Services; and
(b) determine the qualifications for offices or pos itions in State Services; and
(c) prescribe the functions of offices or positions in State Services.

141. Appointments subject to approval, etc.
(1) Except as provided in this Constitution, this s ection does not apply to or in relation to
any office or position established by this Constitu tion.

(2) Nothing in this Part prevents an appointment to , or other service action in relation to, an
office or position in a State Service from being ma de subject to-
(a) approval by Parliament, or by any other person or authority; or
(b) consultation with Parliament or with the member s of Parliament, or with any other
person or authority.

142. Localization
(1) In this section- “localization” means preference in public employmen t (either generally or in respect of
an office or position, or a class of offices or pos itions) for-
(a) citizens of Tuvalu; or
(b) persons whose usual places of residence (apart from the requirements of
employment) are in Tuvalu; or
(c) persons having some other special connection wi th Tuvalu,
including the replacement of the holders of offices or positions who do not have the
qualifications required by the policy.

(2) A localization policy or programme may be laid down-
(a) by or under an Act of Parliament; or
(b) by decision of the Cabinet, approved by Parliam ent by resolution.

(3) Nothing in a policy or programme laid down in a ccordance with subsection (2)(b)
affects any right to termination or retirement bene fits, or to compensation, otherwise
possessed by any person affected by it.
(4) Nothing in this Part, including Division 5 ( Removal, etc., of Certain Officials), or in Part
II ( Bill of Rights ) prevents the implementation of any localization p olicy or programme laid
down under this section.

Division 2. – The Public Service Commission

143. Establishment of the Commission
A Public Service Commission is established.
144. Composition of the Commission
The Public Service Commission shall consist of a Ch airman and three other members.

145. Appointment of members of the Commission
(1) The members of the Public Service Commission sh all be appointed by the Head of
State, acting in accordance with the advice of the Cabinet.

(2) A person is not qualified for appointment as a member of the Commission if-
(a) he is a member of Parliament; or
(b) he is a candidate for election as a member of P arliament, or
(c) he is the holder of-
(i) any other office or position established by thi s Constitution; or
(ii) an office or position in a State Service, or
(iii) any other office or position prescribed for t he purposes of this subsection by or
under an Act of Parliament.

146. Remuneration, etc., of members of the Commissi on
(1) The salary or other remuneration of the Chairma n and the other members of the Public
Service Commission are as provided for in section 1 69 (remuneration of certain officials ).

(2) The other conditions of employment of a member of the Commission are as prescribed
by or under an Act of Parliament.
147. Tenure of office of members of the Commission
(1) A member of the Public Service Commission vacat es his office or position-
(a) if he is removed from office under Division 5 ( Removal etc., of Certain Officials); or
(b) subject to subsection (2), if he resigns by not ice in writing to the Head of State; or
(c) if he ceases to be qualified for appointment by virtue of section 145(2) (which relates
to disqualification from appointment ): or
(d) at the end of the period of four years after th e date of his appointment.

(2) A resignation under subsection (1)(b) takes eff ect on the date on which it is received by
the Head of State, or on such later date as is fixe d by agreement between the member and
the Minister responsible for Public Service matters .

148. Exclusion of members of the Commission from ce rtain employment

(1) This section does not apply to a person who has been acting temporarily in the office of
a member of the Public Service Commission only for a period of less than six consecutive
months.
(2) Nothing in this section prevents other or addit ional disqualifications being imposed by
or under an Act of Parliament or- (a) a member or former member of the Public Service Commission, or
(b) a person referred to in subsection (1),

because of his membership or former membership of t he Commission.

(3) A member of the Public Service Commission is no t eligible for appointment to any
office or position referred to in section 145(2)(c) (which relates to certain offices and
positions the holders of which are disqualified fro m appointment to the Public Service
Commission ).

(4) A former member of the Public Service Commissio n is not eligible for appointment to
any office or position referred to in section 145(2 )(c) (which relates to certain offices and
positions the holders of which are disqualified fro m appointment to the Public Service
Commission ) before the end of the period of two years after t he date on which he ceased, or
last ceased, to be a member of the Commission.
Division 3. – General Functions of the Public Servi ce Commission

149. Functions of the Commission
(1) Subject to this Constitution and in particular to section 150 (independence of the
Commission ), and to any Act of Parliament, the Public Service Commission is responsible
for- (a) the efficient management and control of the Pub lic Service in relation to matters
referred to in paragraphs (a)-(f) of the definition “personnel matters” in section 137
( interpretation of Part VIII ); and
(b) all personnel matters connected with the Public Service; and
(c) such matters in relation to the other State Ser vices and the services of other
governmental bodies as are prescribed,

and has such other functions as are prescribed.
(2) Subject to section 150 ( independence of the Commission ), the Public Service
Commission- (a) may at any time; and
(b) shall at the request of the Minister responsibl e for Public Service matters,

inform or advise the Cabinet as to any matter withi n the functions of the Commission.

150. Independence of the Commission

(1) Subject to section 15 (independence) of Schedule 1, in personnel matters the Public
Service Commission shall comply with any general di rections as to policy given by the
Cabinet, but otherwise is not subject to direction or control by any other person or authority.

(2) A policy direction given under subsection (1)- (a) shall be published in any manner prescribed for the publication of subordinate
legislation; and
(b) shall immediately be forwarded by the Minister responsible for Public Service
matters to the Speaker, for presentation to Parliam ent.

(3) Except in relation to personnel matters, the Pu blic Service Commission is responsible to
the Cabinet for the performance of its functions.
151. Appeals within State Services
(1) The independence conferred on the Public Servic e Commission by section 150
( independence of the Commission ) is not affected by any provision of an Act of Par liament
providing for an appeal, to an independent tribunal or authority established by an Act of
Parliament, from- (a) a decision of the Commission; or
(b) any recommendation or advice to the Commission; or
(c) any advice proposed to be given by the Commissi on to the Head of State

(2) The provisions of section 150 ( independence of the Commission) and of subsection (1)
apply to and in relation to any tribunal or authori ty that may be established under subsection
(1) in the same way as they apply to and in relatio n to the Public Service Commission.

152. Procedures, etc., of the Commission
Subject to any Act of Parliament, the provisions of Schedule 3 (Procedures etc., of the
Public Service Commission and Certain Tribunals) ap ply to and in respect of the Public
Service Commission.
153. Delegation by the Commission
(1) With the approval of the Minister responsible f or Public Service matters, the Public
Service Commission may, in writing, delegate to any person any of its functions.

(2) A delegation under subsection (1)- (a) may apply generally, or in respect of any part of Tuvalu or of any place specified in
the instrument of delegation; and
(b) may be made subject to such conditions, limitat ions and restrictions as are so
specified.

(3) A delegation under this section is revocable, i n writing, at will, and no delegation
prevents the performance of a function by the Commi ssion.

(4) If a delegation under this section relates to p ersonnel matters, in performing the
delegated function the delegate is subject to the s ame freedom from direction or control as

the Commission, and the provisions of sections 150 (independence of the Commission ) and
151, ( appeals with State Services ) with the necessary modifications, apply according ly.

Division 4. – Personnel Functions

154. Application of Division 4
(1) This Division applies to and in relation to any Act of Parliament made for the purposes
of section 139 ( the State Services ) establishing a State Service, and to any regulati ons or
other subsidiary legislation made under such an Act .

(2) The provisions of this Division shall be read s ubject to this Constitution and in
particular to- (a) section 142 ( localization); and
(b) Division 5 ( Removal, etc., of Certain Officials).

155. The Public Service
Authority in relation to personnel matters in respe ct of members of the Public Service shall
be vested in the Public Service Commission.
156. Magistrates
(1) The provisions of this section apply in relatio n to a magistrate of a subordinate court
irrespective of whether he is a member of the Publi c Service.

(2) Authority in relation to personnel matters in r espect of magistrates of subordinate courts
in their capacity as magistrates shall be vested in the Head of State, acting in accordance
with the advice of the Public Service Commission, s ubject to the approval, either general or
specific, of the Chief Justice or a person authoriz ed by him for the purpose.

157. The Police Force
(1) An office of Chief of Police is established as an office in the Tuvalu Police.

(2) The Chief of Police shall be appointed in accor dance with section 159(5)(a) (which
relates to the appointment of the Chief of Police ).

(3) Excluding the Chief of Police, members of the T uvalu Police of or above the rank of
Inspector (or the equivalent rank as defined by or under an Act of Parliament) may be
appointed, removed and disciplined in the same mann er, with any necessary modifications,
as members of the Public Service under section 155 (the Public Service ).

(4) Other members of the Tuvalu Police may be appoi nted, removed and disciplined by the
Chief of Police, subject to appeal to the Public Se rvice Commission in the case of removal
or disciplinary action.
158 Secretaries to Ministries
(1) In this section- (a) “Secretary” means the Secretary or other head o f a Ministry or office of Government
(being a member of the Public Service) who is direc tly responsible to a Minister, but
does not include the Secretary to Government; and
(b) a reference to the appointment of a Secretary i ncludes a reference to-

(i) his appointment from outside the Public Service ; and
(ii) his promotion or transfer from some other offi ce outside a common cadre.

(2) Secretaries- (a) shall be appointed only with the concurrence of the Cabinet; and
(b) form a common cadre or (as prescribed by or und er an Act of Parliament) common
cadres, to which may be added other senior members (as so prescribed ) of the Public
Service.

(3) The Cabinet may at any time request the Public Service Commission to advise the Head
of State to appoint a particular person to be a Sec retary.

(4) If the Cabinet makes a request under subsection (3), the Public Service Commission
shall consider the request and advise of its decisi on.

(5) No Secretary shall be appointed from outside th e State Services unless the Public
Service Commission determines that the appointee ha s clearly more merit than a serving
member of the State Services.
159. Special cases of appointments
(1) This section shall be read subject to section 1 42 (localization ).

(2) The Auditor-General- (a) shall be appointed by the Head of State, acting in accordance with the advice of the
Public Service Commission, and with the approval of Parliament signified by resolution;
and
(b) may be suspended or removed from office in acco rdance with Division 5 (Removal,
etc., of Certain Officials ).

(3) The Secretary to Government- (a) shall be appointed by the Head of State, acting in accordance with the advice of the
Public Service Commission given after consultation with the Cabinet; and
(b) may be suspended or removed from office in acco rdance with Division 5 (Removal,
etc., of Certain Officials ).

(4) The Attorney-General- (a) shall be appointed by the Head of State acting in accordance with the advice of the
Cabinet given after consultation with the Public Se rvice Commission; and
(b) may be suspended or removed from office in acco rdance with Division 5 (Removal,
etc., of Certain Officials ).

(5) The Chief of Police-

(a) shall be appointed by the Head of State, acting in accordance with the advice of the
Public Service Commission given after consultation with the Cabinet; and
(b) may be suspended or removed from office in acco rdance with Division 5 (Removal,
etc., of Certain Officials ).

(6) The functions of the Head of State under this D ivision in relation to the personal staff of
the Governor-General who are members of a State Ser vice shall be exercised by the
Governor-General acting in his own deliberate judgm ent.

Division 5. – Removal, etc., of Certain Officials

160. Interpretation of Division 5
In this Division-
“the appropriate authority”, in relation to an offi ce or position to which this Division
applies, means-
(a) the person or authority having power to make ap pointments to the office or
position, acting in accordance with the prescribed manner of exercise of that power;
or
(b) some other person or authority prescribed for a particular case;
“member of the appropriate authority”, in a case wh ere the appropriate authority acts in
accordance with the advice of, or after consultatio n with, any other person or authority,
includes- (a) that other person or authority; and
(b) a member of that other authority.

161. Application of Division 5
(1) This Division applies to the offices of- (a) Secretary to Government; and
(b) Attorney-General; and
(c) Auditor-General; and
(d) Chief of Police; and
(e) members of the Public Service Commission,

and any other office or position to which this Divi sion is applied by an Act of Parliament.

(2) The provisions of this Division shall be read s ubject to section 142 (localization).

162. Removal of prescribed officials from office
(1) Subject to section 164 ( contract employment), the holder of an office or position to
which this Division applies may be removed from off ice only-

(a) for inability to perform properly the functions of his office or position (whether
arising from infirmity of body or mind, or from som e other cause), or for misbehaviour;
and
(b) in accordance with this section.

(2) The holder of an office or position to which th is Division applies may be removed from
office by the appropriate authority if- (a) the question of his removal from office has bee n referred to a tribunal appointed
under subsection (3); and
(b) the tribunal has advised the appropriate author ity that he ought to be removed from
office for a reason set out in subsection (1)(a).
(3) If the Cabinet or the appropriate authority dec ides that the question of removing from
office the holder of an office or position to which this Division applies should be
investigated under this section, the Head of State, acting after consultation with the Prime
Minister, shall appoint an independent tribunal con sisting of-
(a) a chairman who is qualified for appointment as a Judge of the High Court; and
(b) not less than one other member, with qualificat ions or experience relevant to the
particular matter.

(4) A person is not qualified to be appointed under subsection (3)(b) if he-
(a) is the Governor-General; or
(b) is a member of Parliament; or
(c) is a member of the appropriate authority in rel ation to the person concerned; or
(d) is, or has been within the preceding 12 months, a subordinate of the person
concerned; or
(e) has been involved in formulating advice on the question.

(5) The tribunal shall investigate the question and report on it to the appropriate authority,
with its advice whether the person concerned should be removed from office.

(6) The provisions of Schedule 3 ( Procedure, etc., of the Public Service Commission a nd
Certain Tribunals ) apply to and in respect of the tribunal.

163. Suspension of prescribed officials
(1) If the question of removing a person from offic e has been referred to a tribunal under
section 162 ( removal of prescribed officials from office ), the appropriate authority may
suspend him from office.
(2) A suspension under subsection (1)- (a) may be lifted at any time by the appropriate au thority; and

(b) ceases to have effect if the tribunal advises the appropriate authority that the person
concerned should not be removed from office.

(3) A person suspended under this section shall rec eive remuneration or other entitlements
in accordance with the policy in force for the time being in the Public Service and provided
for in General Administrative Orders.
164. Contract employment
If- (a) the holder of an office or position to which th is Division applies is employed in that
office or position under a contract (whether with t he Government or otherwise); and
(b) the contract provides for his removal or suspen sion from office, nothing in the
preceding provisions of this Division prevents his being removed or suspended in
accordance with the contract.

PART IX
FINANCE

Division 1. – Parliament and Finance
165. Parliamentary responsibility for finance
(1) Notwithstanding anything in this Constitution ( other than section 169 (remuneration of
certain officials ), the raising and spending of money by the Governm ent (including the
imposition of taxation and the raising of loans) is subject to authorization and control by
Parliament, and shall be regulated by an Act of Par liament.

(2) For each financial year there shall be- (a) a National Budget, comprising estimates of-
(i) money proposed to be raised by the Government; and
(ii) money proposed to be spent by the Government,

in respect of the financial year; and (b) appropriations for the service of the financial year, and there may be such
supplementary Budgets and supplementary appropriati ons as are necessary.

(3) Nothing in subsection (2) prevents an appropria tion being expressed-
(a) to continue after the end of the financial year ; or
(b) to lapse before the end of the financial year.

166. Executive initiative
(1) Except on the recommendation of a Minister, Par liament shall not provide for-
(a) the imposition or increase of taxation, or the raising of money by the Government; or
(b) the imposition or increase of any charge on the public funds of Tuvalu; or

(c) the alteration of any charge on the public fund s of Tuvalu otherwise than by reducing
it; or
(d) the compounding or remission of any debt due to the Government.

(2) Parliament may reduce the amount of any proposa l-
(a) for taxation; or
(b) for the raising of public revenue; or
(c) for any expenditure of public money.

(3) Parliament may not- (a) increase the amount of any proposal; or
(b) change the effect of any proposal; or
(c) change the purpose of any proposal,

referred to in subsection (2)(a), (b) or (c).
167. The Consolidated Fund
(1) There shall be a Consolidated Fund of Tuvalu, i nto which, subject to any Act of
Parliament, all public money shall be paid.
(2) Acts of Parliament may make provision for or in respect of other public funds not
forming part of the Consolidated Fund, which shall be administered and dealt with in
accordance with Acts of Parliament.
168. Accounting, etc., for public money
(1) All money of or under the control of the Govern ment shall be dealt with and properly
accounted for in accordance with law.
(2) No money of or under the control of the Governm ent shall be spent except as provided
by this Constitution or by or under an Act of Parli ament.

169. Remuneration of certain officials
(1) This section applies to the offices of- (a) Governor-General; and
(b) Speaker; and
(c) Prime Minister and other Ministers; and
(d) other members: of Parliament; and
(e) Judges of the High Court; and
(f) Attorney-General; and

(g) Auditor-General; and
(h) Chief of Police; and
(i) members of the Public Service Commission.

(2) Subject to this section, the holders of the off ices to which this section applies shall be
paid such salaries or other remuneration and such a llowances as are specifically prescribed
by an Act of Parliament.
(3) The remuneration and allowances referred to in subsection (2) are charged on and shall
be paid out of the Consolidated Fund without approp riation otherwise than by this section.

(4) Subject to subsections (5) and (6), the remuner ation and allowances payable to the
holder of an office to which this section applies ( other than allowances which are
specifically excluded by Act of Parliament from the operation of this subsection) shall not
be altered to his disadvantage after his appointmen t.

(5) Subsection (4) does not apply in respect of any reduction in remuneration or allowances
which is part of a general reduction applied propor tionately to-
(a) all offices to which this section applies; and
(b) all other offices the remuneration of which is specifically prescribed by Act of
Parliament.

(6) For the purposes of subsection (4), where any r emuneration or allowance to which that
subsection applies is based, whether in law or in p ractice, on a choice made by the holder of
the office in question, the remuneration or allowan ce which he chooses shall be considered
to be more advantageous to him than any other which he might have chosen.

Division 2. – The Auditor-General

170. Establishment of the office of Auditor-General
(1) An office of Auditor-General for Tuvalu is esta blished.

(2) The Auditor-General shall be appointed in accor dance with section 159(2)(a) (which
relates to the appointment of the Auditor-General ).

171. Independence of the office of Auditor-General
Subject to section 15 ( independence) of Schedule 1, in the performance of his function s
under this Constitution and any other law the Audit or-General is not subject to the direction
or control of any other person or body.
172. Functions of the Auditor-General
(1) The Auditor-General shall inspect and audit, an d report at least once in every financial
year to Parliament on- (a) the public accounts of Tuvalu; and
(b) the control of public money and property of Tuv alu; and

(c) all transactions with or concerning public money or property of Tuvalu,

and has such other functions as are, subject to sub section (4), conferred on him by an Act of
Parliament.
(2) Unless other provision is made by or under an A ct of Parliament in respect of the
inspection and audit of them, subsection (1) extend s to the accounts, finances and property
of- (a) each branch, department, agency and instrumenta lity of the Government; and
(b) each body set up by an Act of Parliament, or by executive or administrative act of the
Government, for governmental or official purposes.

(3) Even if other provision for inspection or audit is made as referred to in subsection (2),
the Auditor-General may, if he thinks it proper to do so, inspect and audit, and report to
Parliament on, any accounts, finances or property o f an organization referred to in that
subsection so far as they or it relate to, or consi st of or are derived from, public money or
property of Tuvalu.
(4) An Act of Parliament may- (a) expand, and provide in more detail for, the fun ctions of the Auditor-General under
the preceding provisions of this section; and
(b) confer on the Auditor-General additional functi ons (including functions of the nature
of an efficiency audit or value-for-money audit), n ot inconsistent with the performance
of the functions conferred by those provisions.

(5) Subject to any Act of Parliament, the functions of the Auditor-General may be
performed- (a) in person; or
(b) through officers responsible to him, acting in accordance with his general or specific
instructions,

and references to the Auditor-General include refer ences to officers so acting.

PART X
TRANSITIONAL

173. Transitional provisions
The transitional provisions specified in Schedule 5 shall have effect notwithstanding
anything contained in this Constitution.
SCHEDULES
SCHEDULE 1 (Section 4)
Rules for the Interpretation of the Constitution

1. Application of Schedule 1
(1) The provisions of this Schedule apply in the interpretation of this Constitution, except
where in relation to a particular provision of this Constitution the context dictates
otherwise.
(2) Except where otherwise stated in this Constitut ion, the provisions of this Schedule do
not apply to any other law unless they are adopted by law for the purpose.

(3) This Schedule shall be read subject to section 4 (interpretation of the Constitution )

2. General definitions
(1) In this Constitution- “act” includes omission and failure to act;
“Act” or “Act of Parliament” means, in accordance w ith section 86 (manner of exercise
of the law-making power ), a Bill passed by Parliament and assented to by t he Head of
State;
“alteration”, in relation to all or any provisions of this Constitution or any other law,
includes- (a) their repeal, with or without re-enactment or t he substitution of new provisions;
and
(b) the modification of them or of their applicatio n; and
(c) their suspension, in whole or in part, or the l ifting of any suspension; and
(d) the making of any provision that is inconsisten t with them;

“appropriation” means the action of setting public money aside, in accordance with law,
for a specified purpose;
“Appropriation Bill” means a Bill dealing only with appropriations of public money and
matters incidental to appropriations of public mone y;
“the Attorney-General” means the Attorney-General f or Tuvalu whose office is provided
for by section 79 ( the Attorney-General );
“the Auditor-General” means the Auditor-General for Tuvalu whose office is provided
for by section 170 ( establishment of the office of Auditor-General );
“Bill” means a proposed Act of Parliament that has been introduced into Parliament;
“bye-election” means an election of a member of Par liament consequent on a casual
vacancy;
“caretaker government” means a Cabinet continuing i n office under section 71
(caretaker governments );
“the Chief Justice” means the Chief Justice of Tuva lu whose office is provided for by
section 122 ( the Chief Justice of Tuvalu );

“the Clerk of Parliament” means the Clerk of Parlia ment whose office is provided for by
section 115 ( Clerk of Parliament and other officers );
“committee of Parliament” means a committee-
(a) appointed in accordance with the Rules of Proce dure of Parliament, or in
accordance with an Act of Parliament; and
(b) consisting of members of Parliament with or wit hout other persons, and
includes-
(c) a committee of the whole Parliament; and
(d) a subcommittee of a committee of Parliament as described in the preceding
provisions of this definition;
“Commonwealth country” means a country declared by or under an Act of Parliament to
be a Commonwealth country, and includes a dependenc y of such a country;
“the Court of Appeal” means the Court of Appeal for Tuvalu established under section
134 ( establishment of the Court of Appeal );
“the Deputy Prime Minister” means the holder of the office allowed for by section 62(4)
(which allows one of the Ministers to be appointed Deputy Prime Minister), and
includes- (a) a person appointed under section 69 ( acting Ministers) to perform temporarily
the functions of the Deputy Prime Minister; and
(b) a person performing the functions of the Deputy Prime Minister in a caretaker
government;
“disciplinary law” means a law regulating a discipl ined force;
“disciplined force” means-
(a) a naval, military or air force, or a coastguard or maritime surveillance service,
whether of Tuvalu or of some other country; or
(b) the Tuvalu Police or any other police force est ablished by Act of Parliament; or
(c) any separate Prison Service established by Act of Parliament;
“electoral district”, means an electoral district f or the purpose of the election of members
of Parliament, established under section 82 ( composition of Parliament);
“final decision”, in relation to any judicial proce edings, means a decision that finally
disposes of the proceedings, whether or not it is s ubject to appeal or review;
“financial year” means the period of 12 months endi ng on 31 December in any year, or
such other period of 12 months as is fixed by or un der an Act of Parliament;

“function” includes power, duty and responsibility;
“general election” means a general election of the members of Parliament consequent on
the dissolution of Parliament;
“the Government” means the executive government of Tuvalu;
“governmental body” means-
(a) the Government; or
(b) a local government or authority; or
(c) a department. branch’ agency or instrumentality of the Government or of a local
government or authority; or
(d) a body set up by law, or by administrative or e xecutive act, for governmental or
official purposes;
”the Governor-General” means the Governor-General of Tuvalu whose office is provided
for by section 54 ( establishment of office of Governor-General ), and includes-
(a) a person appointed in accordance with section 5 6(2) (which relates to the
appointment of an acting Governor-General ); or
(b) the Speaker, performing under section 56 ( acting Governor-General) any of the
functions of the Governor-General;
“the Head of State” means-
(a) the Sovereign; or
(b) the Governor-General, as the representative of the Sovereign;
“the High Court” means the High Court of Tuvalu est ablished by section 190
( establishment of the High Court );
“the Independence Constitution” means the Constitut ion set out in the Schedule to the
Tuvalu Independence Order 1978 of the United Kingdo m;
“Independence Day” means 1 October 1978;
“Judge”, or “Judge of the High Court”, means the Ch ief Justice, or a Judge of the High
Court appointed under section 123 ( other Judges);
“meeting”, in relation to Parliament, means any per iod of sitting days during which
Parliament-
(a) is not prorogued; and
(b) does not adjourn indefinitely or to the call of the Speaker;
“member”, in relation to a disciplined force, inclu des a person who, under the
disciplinary law of that force, is subject to the d iscipline of that force;

“Minister” means the Prime Minister or another Mini ster appointed under section 67 (the
other Ministers ), and includes-
(a) a person appointed under section 69 ( acting Ministers) to perform temporarily
the functions of a Minister; and
(b) a person performing the functions of a Minister in a caretaker government;
“month” means calendar month;
“offence” means a contravention of or a failure to comply with a law of Tuvalu;
“Parliament” means the Parliament established for T uvalu by section 81 (establishment
of Parliament );
“person” includes- (a) any body of persons, corporate or unincorporate ; and
(b) the holder (whether substantive or other) of-
(i) any office or position in a State Service; or
(ii) any office or position established by this Con stitution or by or under an Act
of Parliament;
“prescribed” means prescribed by this Constitution , or by or under an Act of Parliament;
“the Prime Minister” means the Prime Minister whos e office is provided for by section
62(1) ( which relates to the establishment of an office of Prime Minister), and includes-
(a) a Minister performing the functions of the Prim e Minister under section 68
( acting Prime Minister ); and
(b) a person performing the functions of the Prime Minister in a caretaker
Government;
“prorogation” means the prorogation of Parliament u nder section 117 (prorogation of
Parliament );
“public officer” means a member of the Public Servi ce;
“Public Service” means the permanent civil administ rative Ministries controlled by the
Secretary to Government or a Secretary and subject to Executive supervision;
“rules of court” means any law made by a competent authority for regulating the practice
and procedure of a court;
“the rules of Procedure of Parliament” means any ru les made under section 108 “(Rules
of Procedure )”;
“the Secretary to Government” means the Secretary t o Government whose office is
provided for in section 78 ( Secretary to Government);

“session”, in relation to Parliament, means the series of sitting days occurring during the
period-
(a) commencing with the first sitting day after Par liament is prorogued, or after a
general election; and
(b) ending on the day on which Parliament is next p rorogued or dissolved without
being prorogued;
“sign” includes mark;
“sitting day” means a day on which Parliament actua lly meets;
“the Sovereign” means the Sovereign of Tuvalu;
“the Sovereign”, in the sense of the Sovereign of T uvalu, has the meaning given to that
expression by section 13 ( references to the Sovereign of Tuvalu ) of this Schedule;
“the Sovereign”, in the sense of the Sovereign of t he United Kingdom, has the meaning
given to that expression by section 14 ( references to the Sovereign of the United
Kingdom ) of this Schedule;
“the Sovereign in Council” means the Sovereign of t he United Kingdom, acting by and
with the advice of the Judicial Committee of his Pr ivy Council and in accordance with
the laws of England from time to time applicable in relation to appeals to the Privy
Council or to the Judicial Committee;
“the Speaker” means the Speaker of Parliament whose office is provided for by section
103 ( establishment of the office of Speaker ), and includes a member of Parliament
performing the functions of the Speaker under secti on 107 (acting Speaker );
“State Service” means a service referred to in sect ion 139 (the .State Services );
“subordinate court” means a court other than-
(a) the Sovereign in Council; and
(b) the Court of Appeal; and
(c) the High Court;
“superior court”, in relation to another court, mea ns a court which has jurisdiction to
determine appeals from, or to review, decisions of the other court;
“taxation” includes rates, charges, fees and impost s of any kind;
“the Tuvalu Police” means the State Service provide d for by section 139(1)(b) (which
relates to the establishment of the Tuvalu Police );
“the United Kingdom” means the United Kingdom of Gr eat Britain and Northern
Ireland;
“writing” includes any method of reprinting or repr oducing words in a visible form;

“year” means any period of 12 months.

(2) Unless the context requires otherwise, where an expression is defined for any purpose in
this Schedule or otherwise in this Constitution the n for that purpose all grammatical
variations and cognate and related expressions are to be understood in the same sense.

(3) Unless the context requires otherwise, a refere nce in this Constitution to an institution,
office, position or thing is a reference to the app ropriate institution, office, position or thing
provided for by this Constitution.
3. Form of the Constitution
(1) The Preamble forms part of this Constitution, a nd establishes principles upon which this
Constitution, and the conduct of the public affairs of Tuvalu, are to be based.

(2) The Schedules to this Constitution form part of this Constitution.

(3) The head-notes to the sections of this Constitu tion do not form part of this Constitution,
but other headings do form part of it.
(4) A reference in this Constitution to a subdivisi on of this Constitution without further
identification shall be read as a reference to the corresponding subdivision of the body of
this Constitution (that is, excluding the Preamble and the Schedules).

4. Meaning of language used
(1) This Constitution is intended to be read as a w hole.

(2) All provisions of this Constitution, and all wo rds, expressions and statements in this
Constitution, shall be given their fair and liberal meaning without unnecessary technicality.

5. Gender and number
In this Constitution- (a) the masculine gender includes the female gender ; and
(b) the feminine gender includes the masculine gend er, and
(c) the singular number includes the plural; and
(d) the plural number includes the singular.

6. Time limits
(1) Where no time is prescribed by this Constitutio n within which an act is required or
permitted to be done, the act shall, or may, as the case requires, be done with all convenient
speed and as often as is necessary.
(2) Where- (a) a time limit is imposed by this Constitution fo r any purpose; and
(b) in a particular case it is not practicable to c omply with the limit,

the limit shall be deemed to be extended by whatever period is necessary to make
compliance practicable.
(3) The operation of subsection (2) is not excluded by a provision that unqualifiedly
specifies a time limit or a maximum time limit.
7. Attainment of age
For all purposes of this Constitution, a person att ains a particular age at the first moment of
the relevant anniversary of his birth.
8. Powers of majority, and quorums
(1) Where this Constitution requires or permits an act to be done by more than two persons,
a majority of them may do it.
(2) Subsection (1) does not affect any requirement of a quorum, and, subject to subsection
(3), where no quorum is prescribed by this Constitu tion the quorum is the total
membership.
(3) A power conferred by this Constitution to deter mine the procedures of a body includes
power to determine a quorum (not being fewer than a majority of the total membership).

9. References to “total membership”
A reference in this Constitution to the total membe rship of a body or authority is a reference
to the total number of seats or places on the body or authority, irrespective of whether any
of them are vacant.
10. Performance of constitutional functions
(1) Where this Constitution confers a power or impo ses a duty, the power may be exercised
or the duty shall be performed, as the case may be, from time to time as occasion requires.

(2) Where this Constitution confers a function on t he holder of an office or position as such,
the function may be performed by the holder (whethe r substantive or other) of the office or
position from time to time.
(3) Where this Constitution confers a power to make an instrument or a decision (other than
a judicial decision), that power includes power exe rcisable in the same manner and subject
to the same conditions (if any), to revoke, vary or alter the instrument or decision.

11 Appointments, etc., requiring prior approval
(1) Where by any provision of this Constitution an appointment or other act requires the
prior approval of Parliament or of any other person or authority, and –
(a) it is for any reason not practicable to apply f or the approval immediately; and
(b) there is an immediate need to make the appointm ent or to do the act,

the appointment may be made, or the act may be done , as the case may be, subject to
approval being applied for at the first reasonably available opportunity.

(2) If later approval is refused, the refusal takes effect as a disallowance of the appointment
or act.

(3) The decision of the person or authority whose approval is required as to what is the first
reasonably available opportunity for the purposes o f subsection (2) is final.

12. Official appointments, etc.
(1) The succeeding provisions of this section shall , in relation to any office or position, be
read subject to any provision of this Constitution relating to that office or position.

(2) In this Constitution, a reference to the holder of an office or position by reference to the
description of his office or position includes a re ference to any who is for the time being
lawfully acting in, or performing the functions of, the office or position.

(3) Where this Constitution confers power to make a n appointment to act in, or to perform
the functions of, an office or position, the power includes power-
(a) to remove or suspend a person so appointed: and
(b) to appoint another person temporarily in the pl ace of a person so removed or
suspended; and
(c) where the holder of the office or position is-
(i) unavailable; or
(ii) unable to perform the functions of the office or position; to appoint a person
temporarily in his place; and
(d) if the office of position is vacant, to appoint a person to act in it until it is filled on a
substantive basis,

subject to compliance with any conditions to which the exercise of the original power of
appointment was subject.
(4) In a case to which subsection (3)(c) applies, n o question whether the need for the
exercise of the power has arisen, or has ceased, sh all be considered in any court.

(5) A reference in this Constitution to a power to remove from office the holder of an office
or position includes a reference to a power- (a) to require the holder of the office or position to retire; or
(b) to terminate any contract under which the holde r of the office or position is
employed; or
(c) to determine whether any contract referred to i n paragraph (b) should be renewed,

but nothing in this section confers any power to re quire a Judge of the High Court, the
Auditor-General or the Chief of Police to retire.
(6) Except where this Constitution provides otherwi se the holder of an office or position
established by this Constitution may resign from th e office or position by written notice to
the Secretary to Government, and the resignation ta kes effect-
(a) on a date specified in the notice; or

(b) when the notice is received by the Secretary to Government,

whichever is the later, but the resignation may be withdrawn, with the consent of the
Secretary to Government, at any time before it take s effect.

(7) When the holder of an office or position is on leave of absence pending relinquishment
of the office or position- (a) another person may be appointed to the office o r position; and
(b) the person so appointed shall, for the performa nce of the functions of the office or
position, be considered to be the sole holder of th e office or position.

(8) For the purposes of this Constitution, a person shall not be considered to be the holder
of, or to be acting in, an office or position by re ason only of the fact that-
(a) he is on leave of absence pending relinquishmen t of the office or position; or
(b) he is on leave without pay from the office or p osition; or
(c) he is receiving a pension or some other similar allowance; or
(d) he is a retired or reserve member of a naval, m ilitary or air force, or a special
constable; or
(e) he is a member of the staff of a local governme nt or authority; or
(f) he is the holder of an office or position in th e service of the Government, or is
performing functions on behalf of the Government, i f the only remuneration that he
receives for it is by way of travelling or subsiste nce allowance, expense allowance or any
similar allowance.

(9) Subject to any provision of this Constitution r elating to qualifications for, or
disqualifications from, appointment, a person who h as been the holder of an office or
position is eligible for reappointment to that offi ce or position.

13. References to the Sovereign of Tuvalu
(1) Subject to subsection (2), a reference in this Constitution or any other law to the
Sovereign of Tuvalu includes a reference to- (a) the Heirs and Successors of the Sovereign as de clared or ascertained by or under an
Act of Parliament; and
(b) any person exercising the whole or the relevant part of the sovereignty of Tuvalu in
accordance with an Act of Parliament.

(2) Until an Act of Parliament is made for the purp oses of subsection (1)(a) or (b), a
reference to the Sovereign of Tuvalu shall be read as including a reference to-
(a) the Sovereign of the United Kingdom; or

(b) any person exercising the whole or the relevant part of the sovereignty of the United
Kingdom,

as the case requires, in accordance with the law in force in England.

14. References to the Sovereign of the United Kingd om
A reference in this Constitution or in any other la w to the Sovereign of the United Kingdom
includes a reference to any person exercising the w hole or the relevant part of the
sovereignty of the United Kingdom in accordance wit h the law in force in England.

15. Independence
Where this Constitution provides that any person or authority is not subject to the direction
or control of any other person or authority, that p rovision does not prevent-
(a) direction or control by a court in the performa nce of judicial functions conferred on it
by law; and
(b) the regulation, by or under an Act of Parliamen t, of the performance of the functions
of the person or authority.

16. Regulation of acts, etc.
Where any provision of this Constitution provides f or the regulation of an act or thing,
unless the context indicates otherwise that provisi on does not authorize the prohibition of
the act or thing, whether in law or in practice.
17. Impracticability of obtaining advice, etc.
(1) In this section- “the authorizing provision” means the relevant prov ision of this Constitution referred to
in subsection (2)(a).
“the prescribed authority” has the meaning given to it by subsection (2)(a).

(2) This section applies in a case where- (a) a provision of this Constitution requires or pe rmits the Head of State, or any other
person or authority, (referred to in this section a s “the prescribed authority”) to act-
(i) in accordance with the advice of some other per son or authority; or
(ii) after consultation with some other person or a uthority; or
(iii) subject to the approval of some other person or authority; and
(b) the prescribed authority, acting in his or its own deliberate judgment, certifies in
writing that he or it is satisfied that it is impra cticable, in the circumstances, to comply,
or to comply fully, with the authorizing provision.

(3) In a case to which this section applies the pre scribed authority, acting in his or its own
deliberate judgment, may act after consultation wit h such persons (including any available
persons, and any available members of the authority , referred to in subsection (2)(a)(i), (ii)
or (iii) as he or it, acting in his or its own deli berate judgment, thinks proper to consult.

(4) If in a case to which this section applies the prescribed authority acts as provided for by
subsection (3)- (a) he or it shall, as soon as practicable, report the circumstances to-
(i) the relevant person or authority referred to in subsection (2)(a)(i) (ii) or (iii); and
(ii) the Speaker, for presentation to Parliament; a nd
(b) as soon as practicable, and to the extent that it is practicable, the authorizing
provision shall be complied with.

18. Acts in “deliberate judgment”
Where this Constitution requires or permits an act to be done in the deliberate judgment of
a person or authority- (a) the exercise of the judgment must not be arbitr ary or capricious; and
(b) except to the extent of paragraph (a), no quest ion as to the exercise of the judgment
shall be considered in any court.

19. Effect of repeal
(1) In this section, “repeal” includes revocation. cancellation, suspension and expiry.

(2) The repeal of any provision of this Constitutio n does not-
(a) revive anything that was not in force or existi ng immediately before the repeal took
effect; or
(b) affect the previous operation of the repealed p rovision, or anything duly done or
suffered under it; or
(c) affect any right, privilege, obligation or liab ility acquired, accrued or incurred under
the repealed provision; or
(d) affect any penalty, forfeiture or punishment in curred in respect of an offence against
the repealed provision; or
(e) affect any investigation, legal proceedings or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeitu re or punishment.

(3) Any investigation, legal proceedings or remedy referred to in subsection (2)(e) may be
instituted, continued or enforced, and any penalty, forfeiture or punishment referred to in
that paragraph may be imposed, as if the repealed p rovision had continued in force.

(4) If a provision of this Constitution is repealed and re-enacted (with or without
modification), a reference in any other law to the repealed provision shall, unless the
context indicates otherwise, be read as a reference to the substituted provision.

20. Effect of disallowance
Where this Constitution provides that a law or any other thing may be disallowed, the
disallowance takes effect in the same way as a repe al, revocation or cancellation would take
effect, except that if the disallowed law or thing altered any other law or thing the

disallowance revives the other law, or the previous situation, as the case may be as in
existence immediately before the disallowance.
21. Multiple oaths, etc.
(1) A reference in this section to the holding of a n office or position includes a reference to
the temporary performance of the functions of the o ffice or position.

(2) If on or before commencing to hold an office or position established by this Constitution
the holder is required to take an oath, or make a d eclaration, of allegiance, he is not required
to do so again for any purpose during any continuou s term for which he holds the office or
position.
(3) Where- (a) the holder of an office or position established by this Constitution is required or
permitted to perform temporarily the functions of a nother such office or position; and
(b) it is a requirement of the second office or pos ition that the holder takes an oath or
makes an affirmation,

then, in addition to the effect of subsection (2), no matter how often he performs
temporarily those functions during any continuous p eriod for which he holds the first office
or position he is not required to take the oath or make the affirmation referred to in
paragraph (b) more than once.
SCHEDULE 2 (Section 63)
Election and Appointment of the Prime Minister

1. Functions of the Governor-General
The functions of the Governor-General under this Sc hedule shall be performed in his own
deliberate judgment.
2. Election meetings
(1) As soon as practicable after- (a) a general election; or
(b) subject to section 71 ( caretaker governments) of this Constitution, the occurrence of
a vacancy in the office of Prime Minister, the Gove rnor-General shall call a meeting of
the members of Parliament for the purpose of electi ng a Prime Minister.

(2) If the vacancy occurred because of- (a) the death of the Prime Minister; or
(b) the Prime Minister’s ceasing to be a member of Parliament for any reason other than
the dissolution of Parliament,

the meeting shall not be called until after the dec laration of the result of the consequent bye-
election.

(3) The Governor-General shall issue to each member of Parliament a notice stating-
(a) the date, time and place of the meeting; and
(b) the date and time on or before which, and the p lace at which, nominations are to be
delivered to the Governor-General.

(4) The date fixed for the purposes of subsection ( 3)(b) shall be at least one day before the
date fixed for the election meeting.
(5) The election meeting shall consider only the el ection of a Prime Minister.

3. Nominations
(1) All members of Parliament are eligible for nomi nation as candidates for election as
Prime Minister.
(2) No member may nominate more than one candidate.

(3) A candidate may withdraw his candidature at any time before the commencement of
voting at the election meeting.
4. Cancellation of proceedings
(1) If at any stage of the proceedings a candidate-
(a) dies; or
(b) becomes, in the opinion of the Governor-General , seriously incapacitated,

the provisions of subsection (3) apply.
(2) If- (a) at or after the time fixed under section 2(3)(b ) (which relates to the time for
nominations ) of this Schedule there is no candidate for electi on; or
(b) for any other reason the Governor-General is sa tisfied that the election cannot be, or
is unlikely to be, successfully completed in accord ance with this Schedule,

the provisions of subsection (3) apply.
(3) In a case referred to in subsection (1) or (2), the Governor-General may either-
(a) cancel the proceedings and commence them again; or
(b) suspend the proceedings until a later time or d ate.

5. List of candidates
A list setting out all candidates and their nominat ors shall be given by or by direction of the
Governor-General to each member of Parliament befor e the election meeting opens.

6. Quorum
(1) The quorum for an election meeting is a majorit y of the total membership of Parliament.

(2) If a quorum is not present at the time fixed under section 2(3)(a) (which relates to the
time for the election meeting ) of this Schedule, the Governor-General shall adjo urn the
meeting until a time, date and place fixed by him a nd announced at the failed meeting.

(3) If at the time and place fixed under subsection (2) a quorum is again not present, the
Governor-General shall cancel the proceedings and c ommence them again.

7. Conduct of the election meeting
(1) The election meeting shall be presided over by the Governor-General, and the election
shall be conducted by him.
(2) Each member of Parliament has one vote at each ballot held in accordance with section
8 ( conduct of the election ) of this Schedule.

(3) For the purpose of the counting of votes and fo r any other purpose relating to the
conduct of the election, the Governor-General may r equest the assistance of such persons as
he thinks necessary.
(4) No person other than- (a) the Governor-General; or
(b) a member of Parliament; or
(c) a person whose assistance is being given as req uested under subsection (3),

shall be present at the election meeting.
(5) Subject to this Schedule, the election meeting and the election shall be conducted in
such manner as the Governor-General determines.
8. Conduct of the election
(1) If there are more candidates than one, such num ber of ballots shall be held as is required
to determine the result in accordance with this sec tion.

(2) The ballots shall be secret ballots.
(3) Subject to the succeeding provisions of this se ction, if no candidate receives in a ballot
the votes of a majority of the total membership of Parliament-
(a) the candidate who has the lowest number of vote s shall be excluded; and
(b) a fresh ballot shall be held for the remaining candidates.

(4) If in a case to which subsection (3) applies th ere is a tie between two or more candidates
for the lowest number of votes in a ballot- (a) not more than two special ballots shall be held to exclude one of them; and
(b) if after the second special ballot neither cand idate has been excluded, the Governor-
General shall decide by lot which one of them is to be excluded.

(5) When in a ballot, whether the first ballot or a subsequent ballot, there are only two
candidates, not more than- (a) that ballot; and
(b) two further ballots,

shall be held, and if at the end of those ballots n o candidate has received the votes of a
majority of the total membership of Parliament the Governor-General shall cancel the
election and commence the election procedure again.

9. Declaration of the result
(1) If only one candidate is nominate,. the Governo r-General shall declare that candidate
elected.
(2) When the count has been completed in each ballo t, the Governor-General shall-
(a) announce the number of votes received by each c andidate; and
(b) if a candidate has received the votes of a majo rity of the total membership of
Parliament – declare that candidate to be elected

(3) Upon the election of a Prime Minister under thi s Schedule, the Governor-General shall
cause the election and the name of the Prime minist er –
(a) to be made known to the public in such manner a s he thinks appropriate; and
(b) to be published in any manner prescribed for th e publication of subordinate
legislation.

10. Disputes
Any dispute arising out of or in connection with th e calling or conduct of an election
meeting, or the conduct of an election, under this Schedule shall be determined by the
Governor-General, whose decision is final.
11. Saving of power to dissolve
Nothing in this Schedule affects the power of the H ead of State to dissolve Parliament in
accordance with section 118(3) (which relates to dissolution when a Prime Minister is not
elected within a reasonable period ).

SCHEDULE 3
(Sections 127, 152, 162)
Procedure, etc., of the Public Service Commission and Certain Tribunals

1. Application of Schedule 3
This Schedule applies to the following authorities: –
(a) the Public Service Commission; and
(b) a tribunal appointed under section 127 ( removal of Judges from office) to investigate
the question of the removal of a Judge of the High Court; and

(c) a tribunal appointed under section 162 ( removal of prescribed officials from office) to
investigate the question of the removal of the hold er of an office to which Division 5
( Removal, etc., of Certain Officials ) of Part VIII applies.

2. Rules
Subject to this Constitution and to any Act of Parl iament, an authority to which this
Schedule applies may make rules for regulating its procedures and the performance of its
functions.
3. Voting
All matters before a meeting of an authority to whi ch this Schedule applies shall be decided
in accordance with the majority of the votes of the total membership of the authority, and in
the event of an equality of votes on a matter the p erson presiding has a casting vote, as well
as an original vote.
4. Absence, etc.
Subject to section 3 ( voting) of this Schedule, the validity of the proceedings of an authority
to which this Schedule applies is not affected by- (a) any absence from a meeting; or
(b) the fact that some person who was not entitled to do so took part in the proceedings.

5. Powers of certain tribunals
The tribunals referred to in section 1(b) and (c) ( application of this Schedule) of this
Schedule have the same powers as the High Court in respect of the attendance and
examination of witnesses abroad, and in respect of the production of documents.

6. Procedures generally
Subject to any rules made under section 2 ( rules) of this Schedule, an authority to which
this Schedule applies may determine its own procedu res.

SCHEDULE 4

Oaths and Affirmations
(Sections 57, 72 and 112) l

1. Oath, etc., of Allegiance
I, ………………………………………… …, do swear (or solemnly affirm) that I will be faithful and
bear true allegiance to the Sovereign of Tuvalu.
(So help me God)
2. Oath, etc., of Office of Governor-General
I, ………………………………………… .., do swear (or solemnly affirm) that I will well and truly
serve the Sovereign of Tuvalu in the office of Gove rnor-General of Tuvalu (or in the
performance of the functions of the Governor-Genera l of Tuvalu under Section 52 of the
Constitution)
(So help me God)
3. Oath, etc., of Office of Member of Cabinet
I, ………………………………………… .., being a member of the Cabinet for Tuvalu. do sw ear (or
solemnly affirm) that-

I will to the best of my judgment, at all times when required to do so, freely give my
counsel and advice for the good management of the a ffairs of Tuvalu.
I will not on any account, at any time whatsoever, disclose the counsel, advice,
opinion or vote of any member of the Cabinet.
I will not, except with the authority of the Cabine t and to such extent as may be
required for the good management of the affairs of Tuvalu, or as otherwise required
or permitted by law, directly or indirectly reveal the business or proceedings of the
Cabinet or any matter coming to my knowledge in my capacity as a member of the
Cabinet.
In all things I will be a true and faithful member of the Cabinet.

(So help me God)
SCHEDULE 5 (Section 173)
Transitional provisions
1. Interpretation
In this schedule- “appointed day” means the day determined pursuant t o section 4 of the Ordinance for the
coming into effect of this Constitution;
“existing laws” means any Acts of the Parliament of the United Kingdom, Orders of Her
Majesty in Council, Ordinances, rules, regulations, orders or other instruments having
effect as part of the law of Tuvalu (whether or not they have been brought into operation)
immediately before the appointed day, but does not include the Tuvalu Independence
Order 1978 or the independence Constitution;
“the Ordinance” means the Constitution of Tuvalu Or dinance 1986.

2. Existing laws
(1) Subject to this section, on and after the appoi nted day all existing laws shall have effect
as if they had been made in pursuance of this Const itution.

(2) All existing laws shall be construed with such changes as to names, titles, offices,
persons and institutions, and to such other formal and non-substantial changes, as are
necessary to adapt them to the provisions of this C onstitution.

(3) The Governor-General may, by order published in the Gazette, at any time before 1
January 1988, make such amendments to any existing law (other than the Ordinance) as
may appear to him to be necessary or expedient for bringing that law into conformity with
any provision of this Constitution.
(4) Nothing in this section shall be construed as a ffecting the operation of section 3 (the
Constitution as supreme law ) in relation to any existing law.

3. Prescribed matters

Where any matter that falls to be prescribed or otherwise provided for under this
Constitution by or under an Act of Parliament is pr escribed or otherwise provided for by or
under an existing law (including any amendment to a ny such law made pursuant to section
2 ( existing laws ) of this Schedule) that prescription or provision shall, as from the appointed
day, have effect (with such modifications, adaptati ons, qualifications and exceptions as may
be necessary to bring it into conformity with this Constitution) as if it had been made by or
under an Act of Parliament.
4. The Governor-General
(1) The person who immediately before the appointed day holds office as Governor-General
under the Independence Constitution shall, as from that day, hold office as Governor-
General as if he had been appointed thereto under s ection 55 (appointment, etc., of the
Governor-General ).

(2) The person who holds office as Governor-General by virtue of subsection (1) shall be
deemed to have complied with section 57 ( oaths and affirmations by the Governor-
General ).

(3) For the purpose of calculating the period of fo ur years referred to in subsection (3)(f) of
section 55 ( appointment, etc., of the Governor-General ) in relation to the person who holds
office as Governor-General by virtue of subsection (1), that period shall be deemed to have
commenced on the appointed day, but without prejudi ce to the operation of any of the other
provisions of subsection (3) of that section.
(4) Subsection (3)(c) of section 55 ( appointment. etc., of the Governor-General ) shall not
apply in relation to the person who holds office as Governor-General by virtue of
subsection (1).
5. Ministers
(1) Any person who immediately before the appointed day holds office as Prime Minister or
any other Minister under the Independence Constitut ion shall, as from that date, hold office
as Prime Minister or other Minister, as the case ma y be, as if he had-
(a) in the case of the Prime Minister, been elected thereto under section 63 (the Prime
Minister ); or
(b) in the case of any other Minister, been appoint ed thereto under section 67 (the other
Ministers ).

(2) Any person holding office as Prime Minister or other Minister by virtue of subsection
(1) who before the appointed day was assigned, and immediately before that date held,
responsibility for any business of the Government s hall be deemed to have been assigned
responsibility for that business under section 75 ( assignment of responsibilities to
Ministers ).

6. Parliament
(1) Unless and until the number of members of Parli ament is fixed pursuant to section 82
( composition of Parliament ) by or under an Act of Parliament, the number of m embers is
12.
(2) Any person who immediately before the appointed day is a member of the former
Parliament shall on that day become a member of Par liament and shall be deemed to have
complied with the requirements of section 112 ( oath and affirmation of members of

Parliament) and shall hold his seat in Parliament in accordan ce with the provisions of the
Constitution.
(3) The person who immediately before the appointed day holds the office of Speaker of the
former Parliament shall on that day become Speaker of Parliament and shall hold office as
such in accordance with the provisions of this Cons titution.

(4) The rules of procedure of the former Parliament as in force immediately before the
appointed day shall, except as may be otherwise pro vided under section 108 (rules of
procedure ) have effect after that day as if they had been ma de under that section but shall
be construed with such modifications, adaptions, qu alifications and exceptions as may be
necessary to bring them into conformity with this C onstitution.

(5) For the purpose of the first determination afte r the appointed day of the period of four
years referred to in section 118(1) ( which relates to the automatic dissolution of
Parliament ), that period shall be deemed to have commenced af ter the date of the first
sitting of the former Parliament after the last gen eral election preceding the appointed day.

(6) Any Bill which, before the appointed day, was b efore the former Parliament-
(a) shall not lapse; and
(b) shall on and after the appointed day, be treate d as a Bill for an Act before Parliament;
and
(c) may be proceeded with accordingly-
(i) any stage of the Bill completed before the form er Parliament being treated as
having been completed before Parliament; and
(ii) any stage of the Bill commenced before the for mer Parliament being continued
before Parliament.

(7) Any business commenced before the former Parlia ment may, on and after the appointed
day, be continued before Parliament.
(8) In this section, “the former Parliament” means the Parliament of Tuvalu established by
the Independence Constitution.
7. Public Officers
(1) Every person who immediately before the appoint ed day holds or is acting in a public
office shall, as from that day, hold or act in that office or the corresponding office
established by this Constitution as if he had been appointed to do so in accordance with the
provisions of this Constitution and shall be deemed to have taken any oaths required upon
such appointment by any existing law.
(2) Any person who holds office by virtue of subsec tion (1) and who would, under the
Independence Constitution or any existing law, have been required to vacate office at the
expiration of any period or on the attainment of an y age shall vacate his office under this
Constitution upon the expiration of that period or upon the attainment of that age.

(3) The provisions of this section shall be without prejudice to any power conferred by or
under this Constitution upon any person or authorit y to make provision for the abolition of
offices and for the removal from office of persons holding or acting in any office.

(4) In this section, “public office” shall be const rued as including the office of member
(including Chairman) of the Public Service Commissi on established by the Independence
Constitution.
8. Legal Proceedings
(1) All proceedings commenced or pending before the appointed day before the High Court
or the Court of Appeal established by the Independe nce Constitution may continue on and
after that day before the High Court or the Court o f Appeal, as the case may be, established
by this Constitution.
(2) Any decision given before the appointed day by the High Court or the Court of Appeal
established by the Independence Constitution shall for the purposes of the enforcement or,
in the case of a decision given by the High Court, for the purpose of any appeal therefrom,
have effect on and after that day as if it were a d ecision of the High Court or the Court of
Appeal, as the case may be, established by this Con stitution.

9. Financial
(1) In this section, “the relevant financial year” means the financial year ending on 31
December 1986.
(2) Section 165 ( Parliamentary responsibility for finance ) shall not apply, and the
following provisions shall apply in relation to the relevant financial year:-
A.(1) The Minister responsible for Finance shall ca use to be prepared and laid before
Parliament before or not later than 60 days after t he commencement of the relevant
financial year estimates of the revenues and expend iture of the Government for that
year.
(2) The heads of expenditure contained in the estim ates (other than statutory
expenditure) shall be included in a Bill to be know n as an Appropriation Bill which
shall be introduced into Parliament to provide for the issue from the Consolidated
Fund of the sums necessary to supply those heads an d the appropriation of those sums
for the purposes specified therein.
(3) If in respect of the relevant financial year it is found that the sum appropriated by
the Appropriation Act for any purpose is insufficie nt or that a need has arisen for
expenditure for a purpose for which no sum has been appropriated by that law, a
supplementary estimate showing the sum required sha ll be included in a
Supplementary Bill for appropriation.
(4) Where in respect of the relevant financial year the Minister responsible for
Finance is satisfied that an urgent and unforeseen need has arisen to authorise for any
purpose advances from the Consolidated Fund for exp enditure in excess of the sum
appropriated for that purpose by an Appropriation A ct, or for a purpose for which no
sum has been so appropriated, he may, subject to th e provisions of any law for the
time being in force in that regard, authorise such advances by warrant and shall
include such amount in a Supplementary Appropriatio n Bill for appropriation at the
meeting of Parliament next following the date on wh ich the warrant was issued.

(5) If at the close of account for the relevant financial year it is found that any moneys
have been expended on any head in excess of the sum s appropriated for that head by
an Appropriation Act or for a purpose for which no money has been appropriated, the
excess or the sum expended but not appropriated, as the case may be, shall be
included in a statement of heads in excess which sh all be presented to Parliament.
B. If the Appropriation Act in respect of the relev ant financial year has not come into
operation at the beginning of that financial year, Parliament by resolution may
empower the Minister responsible for Finance to aut horise the issue of moneys from
the Consolidated Fund for the purpose of meeting ex penditure necessary to carry on
the state services at a level not exceeding the lev el of the public services in the
previous financial year, until the expiration of 4 months from the beginning of the
relevant financial year or the coming into operatio n of the Appropriation Act,
whichever is the earlier.
C.(1) No money shall be issued from the Consolidate d Fund except upon the authority
of a warrant under the hand of the Minister respons ible for Finance.
(2) No warrant shall be issued by the Minister resp onsible for Finance for the purpose
of meeting any expenditure unless-
(a) the expenditure has been authorised for the rel evant financial year by an
Appropriation Act; or
(b) the expenditure has been authorised in accordan ce with the provisions of
paragraph A(4), B or C; or
(c) it is statutory expenditure in which event, it shall not be voted on by Parliament
but, without further authority of Parliament, shall be paid out of the Consolidated
Fund and a warrant may issue for that purpose.”
(3) Any-
(a) estimates laid before Parliament; or
(b) Appropriation Ordinance enacted; or
(c) resolution passed by Parliament; or
(d) other thing done,
before the appointed day, pursuant to the Independe nce Constitution and in respect of
the relevant financial year, shall have effect afte r that day as if laid or, as the case may
be, enacted, passed or done pursuant to this sectio n in respect of the relevant financial
year; and the reference in this section to an “Appr opriation Act” shall be deemed to
include a reference to any Ordinance so enacted.

SUBSIDIARY LEGISLATION
ORDER UNDER paragraph 2(3) of Schedule 5

RENAMING OF ORDINANCES ORDER LN 14/86
Citation
1. This Order may be cited as the Renaming of Ordin ances Order.

2. For the avoidance of doubt and as it is expedien t to bring them into conformity with
section 86(3) of and paragraph 2(1) of Schedule 5 t o the Constitution-
(a) all Ordinances having effect as part of the law of Tuvalu immediately before 1
October 1986 (being the appointed day for the comin g into effect of the Constitution) are
named, and may be cited as, “Acts” and their short titles are amended by substituting the
word “Act” for the word “Ordinance” in each place w here it occurs;
(b) all references in existing laws to Ordinances t o which paragraph (a) applies are
amended by substituting the word “Act” for the word “Ordinance” in each place where it
occurs;
(c) all references in documents to Ordinances to wh ich paragraph (a) applies are deemed
to be amended by substituting the word “Act” for th e word “Ordinance” in each place
where it occurs.

ASSIGNMENT UNDER Section 75(1)(a)
MINISTERIAL RESPONSIBILITIES LN 17/89

PRIME MINISTER

Administration
Audit
Births, Deaths and Marriages Registration
Cabinet and Parliament
Censorship
Citizenship
Civil Service Management including Manpower Plannin g and Localisation
Constitutional and Political Affairs
Co-ordination of. Government Business
Defence and Security
Disaster Preparedness
Housing allocation
Judiciary
Legal Affairs
National Elections
People’s Lawyer’s Office
Public Holidays
Tuvalu Coat of Arms
Gaming and Lotteries
Broadcasting and Information
Government Printery
Religious Affairs
DEPARTMENT OF FOREIGN AFFAIRS AND ECONOMIC PLANNING

Foreign Affairs
Overseas Representations
Resettlement
SPC
Forum Secretariat
SPF
Economic Planning and Development
UNDP
EEC
Energy Planning
Trade
Bilateral and Multilateral Organisations
MINISTER OF FINANCE AND COMMERCE

BuDAB
Census and Statistics
Coinage
Customs Administration
Exchange Control
Government Finance and Monetary Policy
Government Stores
Investment
Marketing
National Bank of Tuvalu
National Provident Fund
Philatelic Bureau
Taxation
Tuvalu Trust Fund
Wreck and Salvage
Commercial and Industrial Development
Companies and Business Registration
Co-operatives
Copra
Government Hotel
Registration of Patents and Trade Marks
Tourism
Financial Planning and Budgeting
Treasury
Pricing Policy and Control (Pricing Control Board)
Privatisation
MINISTER OF HEALTH, EDUCATION AND COMMUNITY AFFAIRS

In-service training, Apprenticeships, and pre-servi ce training
Womens’ Affairs
Cultural Affairs
Education
Language Board
Libraries and Archives
Medical Services and Public Health
Museums
Pharmacy
Red Cross

Registration of Charities
School Broadcasting
Social Welfare
Sports and Recreational Activities
Tuvalu Maritime School
University of the South Pacific
Youth Affairs
MINISTER OF WORKS AND COMMUNICATIONS

Labour and Industrial Relations
Building Constructions and Maintenance
Electricity Generation and Distribution
Meteorological Services
Postal Services
Public Works
Reef Passage
Telecommunications and Telephone Services
Town and Urban Planning
Transport Services: Civil Aviation Port and Harbours
Shipping
Travel Agency
Vehicle Pool and Mechanical Services
Water Supply and Sewage
Petroleum supply
MINISTER OF NATURAL RESOURCES AND HOME AFFAIRS

DEPARTMENT OF NATURAL RESOURCES

Agriculture and Livestock Development
Conservation of Natural Resources and Environment
Fisheries
Forestry
Mining
National Fishing Corporation of Tuvalu
Lands and Surveys
DEPARTMENT OF HOME AFFAIRS

Local Government
Rural Development
Police, Prison, Fire Service and Immigration
Explosives
Search and Rescue
Traffic
Arms and Ammunition
Liquor Laws
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