Constitution – Chapter 11 – Interpretation (Pt 2)
Interpretation.
(2) In this Constitution references to an office in the public service shall not be construed as including-
a) references to the office of the Speaker or Deputy Speaker, the Prime Minister or any other Minister, a Parliamentary Secretary or a member of the National Assembly;
b) references to the office of the president of the Nevis Island Assembly, the Premier or any other member of the Nevis Island Administration or a member of the Nevis Island Assembly;
c) references to the office of a member of any Commission established by this Constitution or a member of the Advisory Committee on the Prerogative of Mercy or a member of that Public Service Board of Appeal;
d) references to the office of judge or officer of the Supreme Court; or
e) save in so far as may be provided by Parliament, references to the office of a member of any other council, board, panel, committee or other similar body (whether incorporated on not established by or under any law:
(3) In this Constitution-
a) references to this Constitution, the Supreme Court Order, the British Nationality Act 1948 of the British Nationality Act 1981, or any provision thereof, including, unless otherwise provided, references to any law altering this Constitution or that Order, Act or provision, as the case may be;
b) references to the Supreme Court, the Court of Appeal, the High Court and the Judicial and Legal Services Commission are references to the Supreme Court, the Court of Appeal, the High Court and the Judicial and Legal Services Commission established by the Supreme Court Order;
c) references to the Chief Justice have the same meaning as in the Supreme Court Order;
d) references to a judge of the Supreme Court are references to a judge of the High Court or of the Court or of the Court of Appeal and, unless the context otherwise requires, include references to a judge of the former Supreme Court of the Windward Islands and Leeward Islands; and
e) references to officers of the Supreme Court are references to the Chief Registrar and other officers of the Supreme Court appointed under the Supreme Court Order.
(4) In this Constitution “the specified qualifications” means the professional qualifications specified by or under any law, one of which must by held by any person before he may apply under that law to be admitted to practice as a barrister or a solicitor in Saint Christopher and Nevis:
(5) For the purposes of this Constitution, a person shall not be regarded as holding an office by reason only of the fact that he is in receipt of a pension or other like allowance.
(6) In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including, to the extent of his authority, a reference to any person for the time being authorized to exercise the functions of that office.
(7) Except in the case where this Constitution provides for the holder of any office thereunder to be such person holding or acting in any other office as may for the time being be designated in that behalf by some other specified person or authority, no person may, without his consent, be nominated for election to any such office or be appointed to or to act therein or otherwise be selected therefor.
(8) References in this Constitution to the power to remove a public officer from his office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service:
Provided that-
a) nothing in this subsection shall be construed as conferring on any person or authority the power to require the Director of Public Prosecutions or the Director of Audit to retire from the public service; and
b) any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vested in the Public Service Commission.
(9) Any provisions in this Constitution that vest in any person or authority the power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office of to any law providing for the compulsory retirement of a public officers generally or any class of public officer on attaining an age specified by or under that law.
(10) Where this Constitution vests in any person or authority the power to appoint any person to act in, or to exercise the functions of, any office if the holder thereof is himself unable to exercise those functions, no such appointment shall be called in question on the grounds that the holder of the office was not unable to exercise those functions.
(11) No provisions of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any function under this Constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has exercised those functions in accordance with this Constitution or any other law.
(12) Without prejudice to section 14 of the Interpretation Act 1978 (a) (as applied by subsection (17) of this section), where any power is conferred by this Constitution to make any proclamation, regulation or rule or give any direction or make any designation, the power shall be construed as including the power, exercisable in like manner and subject to the like conditions, if any, to amend or revoke any such proclamation, regulation, rule direction or designation.
(13) Subject to subsection 3(a), any reference in this Constitution to a law made before 19th September 1983 shall, unless the context otherwise requires, be construed as a reference to that law as it has effect immediately before that date.
(14) In this Constitution references to altering this Constitution or any other law, or any provisions thereof, include references-
a) to revoking it with or without re-enactment thereof of the making of different provision in lieu thereof;
b) to modifying it whether by omitting or amending any of its provisions or inserting additional provisions in it or otherwise; and
c) to suspending its operation for any period or terminating any such suspension.
(15) In this Constitution any reference to a time when Her Majesty is at war shall be construed as a reference to a time when Saint Christopher and Nevis is engaged in hostilities with another country.
(16) In this Constitution any reference to land or buildings vested in the Crown includes a reference to any land or buildings vested in any person or authority in trust for, or otherwise on behalf of, the Crown-
(17) The Interpretation Act 1978 shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of the Parliament of the United Kingdom.