Constitution – Chapter 10 – Separation of Nevis from Saint Christopher

Separation of Nevis from Saint Christopher.

113.- (1) The Nevis Island Legislature may provide that the island of Nevis shall cease to be federated with the island of Saint Christopher and accordingly that this Constitution shall no longer have effect in the island of Nevis.

(2) A bill for the purposes of subsection (1) shall not be regarded as being passed by the Assembly unless on its final reading the bill is supported by the votes of not less than two-thirds of all the elected member of the Assembly and such a bill shall not be submitted to the Governor-General for his assent unless-

a) there has been an interval of not less than ninety days between the introduction of the bill in the Assembly and the beginning of the proceedings in the Assembly on the second reading of the bill,

b) after it has been passed by the Assembly, the bill has been approved in a referendum held in the island of Nevis by not less than two-thirds of all the votes validly cast on that referendum; and

c) full and detailed proposal for the future constitution of the island of Nevis (whether as a separate states or as part of or in association with some other country) have been laid before the Assembly for at least six months before the holding of the referendum and those proposals, with adequate explanations of their significance, have been made available to the persons entitled to vote on the referendum at least ninety days before the holding of the referendum.

(3) Every person who, at the time when the referendum is held, would be entitled to vote at elections of representatives held in the island of Nevis shall be entitled to vote on a referendum held for the purposes of this section in accordance with such procedure as may be prescribed by the Nevis Island Legislature for the purpose of the referendum and no other person shall be entitled so to vote.

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

(5) The conduct of any referendum for the purposes of this section shall be the responsibility of the Supervisor of Elections and the Provisions of subsection (4), (5) and (7) of section 34 shall apply in relation to the exercise by the Supervisor of Elections or by any other officer of his function with respect to a referendum as they apply in relation to the exercise of his functions with respect to elections of Representatives.

(6) There shall be such provisions as may be made by the Nevis Island Legislature to enable independent and impartial persons nominated by an international authority to observe the conduct of a referendum for the purposes of this section and to make reports on the conduct or results of the referendum to the Governor-General, who shall cause any such reports to be published, and for that purpose any such persons shall be accorded such powers, privileges and immunities as may be prescribed by or under any a law enacted by Parliament or, subject thereto, by or under any law enacted by the Nevis Island Legislature.

(7) A bill for the purposes of subsection (1) shall not be submitted to the Governor-General for his assent unless it is accompanied by a certificate under the hand of the president of the Assembly that the provisions of subsection (2) have been complied with and a certificate under that hand of the Supervisor of Elections stating the results of the referendum.

(8) The certificate of the president of the Assembly under this subsection shall be conclusive that the provision of subsection (2) have been complied with and shall not be enquired into in any court of law.

 

 

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