Responsibilities of Administration.

106.- (1) The Administration shall have exclusive responsibility for the administration within the island of Nevis, in accordance with the provisions of any relevant laws, of the following matters-

a) airports and seaports;

b) education;

c) extraction and processing of minerals;

d) fisheries;

e) health and welfare;

f) labour;

g) land and buildings vested in the Crown and specifically appropriated to the use of the Government; and

h) licensing of imports into and exports out of Saint Christopher and Nevis.

(2) Nothing in subsection (1) shall-

a) affect the exercise of any power vested by law in the Governor General or a Minister; or

b) empower the Administration to take any action that is inconsistent with the general policy of the Government as signified by the Prime Minister in a written communication to the Premier, or that relates to a question that in the opinion of the Prime Minister as so signified involves issues of national concern, without the prior concurrence of the Prime Minister.

(3) If land in the island of Nevis is required for the use of the Government, the Administration shall either make available suitable land that is vested in the Crown or else acquire and make available other suitable land and the Government shall be responsible for paying appropriate compensation to any private person whose interests may have been adversely affected and appropriate compensation to the Administration and buildings or other property previously paid for by the Administration and appropriated for the use of the Government with the land.

(4) Nothing in subsection (1) shall be construed as precluding the legislature from conferring other responsibilities on the Administration.

<<Previous Section Chapter Index Next Section>>

Exercise of Governor-General’s functions.

105.- (1) In the exercise of the functions to which this section applies the Governor-General shall act in accordance with the advice of the Administration or a member of the Administration acting under its general authority except in cases where he is required by this Constitution to act in accordance with the advice of or on the recommendation of, any person or authority other than the Administration.

(2) This section applies to the functions of the Governor-General with respect to the government of the island of Nevis that relates to the specified matters but does not include any functions conferred upon him-

a) by any of the provisions of this Constitution except sections 43, 46 and 48, as applied with modifications by sections 104; or

b) by or under any law enacted by Parliament having effect in the island of Nevis that relates to any specified matter.

<<Previous Section Chapter Index Next Section>>

Provisions applied with modifications.

104.- (1) Section 27, 28, 29, 31, 32, 34, 35, 36, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 56(3), 58, 78(5), 88(5) and 117(1) and (2) and schedule 2 shall apply in relation to the Assembly as they apply in relation to the National Assembly and for that purpose they shall have effect as if-

a) references to the National Assembly (except the reference in the provision to section 49(1)) were references to the Assembly;

b) references to Representative or to Senators (except the references in subsection 28(2) and (3) to Representative) were references to elected members or, as the case may be, to nominated members of the Assembly;

c) references to constituencies were references to electoral districts;

d) references to the Government, to the Prime Minister or any other Minister, to the Leader of the Opposition or to the Speaker were references to the Administration, to the Premier, to the Leader of the Opposition in the Assembly or, as the case may be, to the president of the Assembly;

e) references to the Consolidated Fund or any other public fund of the Government of Saint Christopher and Nevis were references to the Nevis Island Consolidated Fund or any other public fund of the Administration;

f) references to the Deputy Speaker or to a Parliamentary Secretary were deleted;

g) the references in section 28(5)(a) to the office of elected member or nominated member of the Assembly or member or the Administration were a reference to the office of representative Senator, Minister or Parliamentary Secretary;

h) the reference in section 29(2) to residence in Saint Christopher and Nevis were a reference to residence in the island of Nevis;

i) the reference in section 31 to section 30 were a reference to section 101(2), paragraph (d) of section 31(3) were deleted, the references in section 41 to sections 19(8) and 37(6) were deleted and the references in that section to section 38(2) were references to section 113(2);

j) the references in section 31, 32, 42, 46, 47 and 48 to Parliament were references to the Nevis Island Legislature and the referenced in section 46, 49, and 50 to Saint Christopher and Nevis were references to the island of Nevis; and

k) rule 1 and paragraph (a) of rule 2 were deleted from schedule 2 and in place of rule 1 the following rule were substituted-

“There shall be not less than five electoral districts in the island of Nevis”.

(2) Any provision made by Parliament such as is referred to in section 45 shall apply in relation to the Assembly and its members, officers and committees as it applies in relation to the National Assembly and its members, officers and committees.

(3) Before advising the Governor-General to dissolve the Assembly under section 47, as applied with modifications by subsection (1) of this section, the Premier shall consult the Prime Minister.

(4) Section 52 (except subsections (1), (29, (3) and (4)) and sections 54, 55, 57, 60, 61 and 62 shall apply in relation to the Administration as they apply in relation to the Cabinet and for that purpose they and Part 3 of schedule 4 shall have effect as if-

a) references to the Prime Minister were references to the Premier;

b) references to a Minister were references to a member of the Administration;

c) references to the Government or to the Cabinet were references to the Administration;

d) references to Parliament or to the National Assembly were references to the Nevis Island Legislature or, as the case may be, to the Assembly.

<<Previous Section Chapter Index Next Section>>

Power to make laws.

103.- (1) Subject to the provisions of this Constitution, the Nevis Island Legislature may make laws, which shall be styled Ordinances, for the peace, order and good government of the island of Nevis with respect to the specified matters.

(2) A law made by the Nevis Island Legislature may contain incidental and supplementary provisions that relate to a matter other than a specified matter but if there is any inconsistency between those provisions and the provisions of any enacted by Parliament, the provisions of the law enacted by Parliament shall prevail.

<<Previous Section Chapter Index Next Section>>

Nevis Island Administration.

102.- (1) There shall be a Nevis Island Administration, which shall consist of-

a) a Premier; and

b) two other members or not less than two nor more than such greater number of members as the Nevis Island Legislature may prescribe, who shall be appointed by the Governor-General.

(2) The Governor-General, acting in his own deliberate judgment, shall appoint as Premier an elected member of the Assembly who seems to him likely to command the support of the majority of the elected members of the Assembly.

(3) The Governor-General, acting in accordance with the advice of the Premier, shall appoint the other members of the Administration from among the members of the Assembly.

(4) If a member of the Administration is absent from Saint Christopher and Nevis or is for any reason unable to discharge his functions as such, the Governor-General, acting in accordance with the advice of the Premier, may appoint another member of the Assembly to be a temporary member of the Administration in his place and may terminate any such appointment.

(5) The functions of the Administration shall be to advise the Governor-General in the government of the island of Nevis and the Administration shall be collectively responsible to the Assembly for any advice given to the Governor-General by or under the general authority of the Administration and for all things done by or under the authority of any member of the Administration in the execution of his office.

(6) Subsection (5) shall not apply in relation to-

a) the assignment of responsibility to any member of the Administration under section 54, as applied with modifications by section 104(4), or the authorization of another member of the Administration to perform the functions of the Premier during absence of illness;

b) the dissolution of the Nevis Island Legislature;

c) the matters referred to in section 66 of this Constitution (which relate to the prerogative of mercy); or

d) any matter in respect of which the Nevis Island Legislature has no power to make laws for the island of Nevis.

<<Previous Section Chapter Index Next Section>>