Constitution – Chapter 2 – Interpretation and savings

Interpretation and savings.

20.- (1) In this Chapter, unless the context otherwise requires-

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

“court” means any court of law having jurisdiction in Saint Christopher and Nevis other than a court established by a disciplinary law, and includes Her Majesty in Council and in sections 4 and 6 a court established by a disciplinary law;

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

“disciplinary force” means-

a) a defence force;

b) the Police Force; or

c) a prison service;

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

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

a) Her Majesty is at war; or

b) there is in force a declaration under section 19 that a state of emergency exists in Saint Christopher and Nevis or in part of Saint Christopher and Nevis.

(3) In relation to any person who is a member of a disciplined force of Saint Christopher and Nevis, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter other than sections 4, 6 and 7.

(4) In relation to any person who is a member of a disciplined force of a country other than Saint Christopher and Nevis and lawfully present in Saint Christopher and Nevis, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Chapter.

(5) Nothing in this Chapter shall be construed as empowering the legislature to make any law that would impede the due exercise by any person or authority (including any authority established for the island of Nevis by Chapter X) of any power or other functions vested in that person or authority by this Constitution.

 

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