Exercise of Governor-General’s functions.

56.- (1) In the exercise of his functions the Governor-General shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where he is required by this Constitution to act in accordance with the advice of, or the recommendation of, any person or authority other than the Cabinet:

Provided that the foregoing provisions shall not apply where the Governor-General is authorized to act in his own deliberate judgment in accordance with the following provisions-

a) section 23 (which relates to the Governor-General’s deputy);

b) section 33 and 34 (which relate respectively to the Electoral Commission and to the Supervisor of Elections);

c) section 49 (which relates to the Constituency Boundaries Commission);

d) sections 52 and 55 (which relates to Minister);

e) section 58 (which relates to the Leader of the Opposition);

f) section 77 (which relates to the Public Service Commission);

g) section 78 (which relates to the appointment etc. of public officers);

h) section 86 (which relates to the Public Service Board of Appeal); and

i) section 102 (which relates to the Nevis Island Administration).

(2) Where the Governor-General is directed to exercise any function in accordance with the recommendation of any person or authority, he shall exercise that function accordingly:

Provided that before that Governor-General acts in accordance with a recommendation in any case he may, acting in his own deliberate judgment, once request the person or authority by whom it is made to reconsider the recommendation and if, upon any reconsideration of a recommendation, the person or authority makes a different recommendation, the Governor-General, acting in his own deliberate judgment, may likewise once request the person or authority by whom it is made to reconsider that different recommendation.

(3) During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with section 58 and willing to accept appointment or if the Governor-General, acting in his own deliberate judgment, considers that it is not practicable for him to obtain the advice of, or to consult, the Leader of the Opposition within the time within which it may be necessary for him to act, he may act without that advice and in his own deliberate judgment or, as the case may be, without such consultation, in the exercise of any power conferred upon him by this Constitution in respect of which it is provided that he shall act on the advice of, or after consultation with the Leader of the Opposition.

(4) Nothing in subsection (1) shall require the Governor-General to act in accordance with the advice of the Cabinet or a Minister in exercise of the functions conferred upon him by the following provisions-

a) the provison to section 47(4) (which requires the Governor-General to dissolve Parliament in certain circumstances);

b) section 52(6) (which requires the Governor-General to remove the Prime Minister from office in certain circumstances);

c) section 57 (which entitles the Governor-General to information);

d) sections 58(5), 77(5), 81(7), 82(7) and 86(5) (which requires the Governor-General to remove the holders of certain offices from office in certain circumstances).

(5) The references in this section to sections 47, 52, 55, 57 and 58 include references to those sections as applied with modifications by section 104 (which relates to institution established for the island of Nevis by Chapter X).

<<Previous Section Chapter Index Next Section>>