100.- There shall be a legislature for the island of Nevis, which shall be styled the Nevis Island Legislature and shall consist of Her Majesty and an assembly styled the Nevis Island Assembly.

101.- (1) The Nevis Island Assembly shall consist of-

a) such number of elected members as corresponds with the number of electoral districts for the time being established under section 50, as applied with modifications by section 104(1); and

b) three nominated members or such greater number (not exceeding two-thirds of the number of elected members) as may be prescribed by the Nevis Island Legislature.

(2) Of the nominated member-

a) one-third of their number shall be appointed by the Governor-General in accordance with the advice of the Leader of the Opposition in the Assembly; and

b) the others shall be appointees by the Governor-General in accordance with the advice of the Premier.

(3) Without prejudice to section 27 and 28, as applied with modifications by section 104(1), a person shall not be qualified for election to the Assembly unless, at the time when the election is held, he would be entitled to vote in elections of Representatives held in the island of Nevis.

(4) For the purposes of section 29(2), as applied with modifications by section 104(1), the provisions made by Parliament in relation to the election of elected members of the Assembly shall be such that the persons entitled to vote in elections of such elected members are persons entitled to vote in elections of Representatives in the island of Nevis.

(5) If a persons who is not a member of the Assembly is elected to be president of the Assembly he shall, by virtue of holding the office of president, be a member of the Assembly.

(6) Any person who sits or votes in the Assembly knowing or having reasonable grounds for knowing that he is nor entitled to do so shall be guilty of a criminal offence and liable to a fine not exceeding one hundred dollars, or such other sum as may be prescribed by the Nevis Island Legislature, for each day on which he so sits or votes in the Assembly.

(7) Any prosecution for an offence under subsection (6) shall be instituted in the High Court and shall not be so instituted except by the Director of Public Prosecutions.

(8) In subsection (2) “one-third” means, in relation to a number of nominated members that is not a multiple of three, one-third of the next higher number that is such a multiple.

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.

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.

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.

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.

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.

107.- (1) The Premier may give such general directions with respect to the maintaining and securing of public safety and public order in the island of Nevis as he may consider necessary to-

a) the senior officer of the Police Force stationed in the island of Nevis; or

b) the senior officer of any defence force of Saint Christopher and Nevis stationed in the island of Nevis.

and subject to subsection (2), that officer shall comply with those general directions.

(2) Nothing in subsection (1) shall preclude the Prime Minister from giving general directions with respect to the maintaining and securing of public safety and public order in Saint Christopher and Nevis to the Chief of Police or the officer commanding any defence force of Saint Christopher and Nevis and if there is any inconsistency between any such directions and any directions given under subsection (1), the officers concerned shall comply with the directions given by the Prime Minister.

108.- (1) All revenues or other moneys raised or received by the Administration (not being revenues or other moneys that are payable by or under any law into some other fund of the Administration established for a specific purpose) shall be paid into and form a fund styled the Nevis Island Consolidated Fund (hereinafter in this section referred to as the Fund).

(2) Sections 70, 71, 72, 73, 75 and 76 shall apply in relation to the Administration as they apply in relation to the Government and for that purpose they shall have effect as if-

a) references to the Consolidated Fund were references to the Fund;

b) references to Parliament and to the National Assembly were references to the Nevis Island Legislature or, as the case may be, to the Assembly;

c) references to the Minister for the time being responsible for finance were references to the member of the Administration for the time being responsible for finance; and

d) references to the Government were references to the Administration.

109.- (1) The staff of the Administration shall consist of such number of public office as may be constituted in that behalf under section 63 after consultation between the Prime Minister and the Premier.

(2) The staff of the Administration shall be under the supervision of an Establishment officer stationed in the island of Nevis, whose office shall be a public office and who shall be entitled to communicate direct with the chairman of the Public Service Commission on all matters concerning the staff of the Administration.

110.- (1) Subject to subsection (2), the proceeds of all taxes collected in Saint Christopher and Nevis under any law shall be shared between the Government and the Administration and the share of each shall be determined by reference to the proportion between the population of the island of Saint Christopher and the population of Saint Christopher and Nevis as a whole or, as the case may be, the population of the island of Nevis and the population of Saint Christopher and Nevis as a whole, as ascertained by reference to the latest available results of a census of those populations carried out in pursuance of a law enacted by Parliament.

(2) The share of the Administration under subsection (1) shall be subject to the following deductions-

a) a contribution to the cost of common services provided for Saint Christopher and Nevis by the Government; and

b) a contribution to the cost of meeting the debt charges for which the Government is responsible under section 75.

(3) The Governor-General may make rules for the purpose of giving effect to the provisions of this section and (without prejudice to the generality of the foregoing power) any such rules may make provisions-

a) for prescribing what services are to be regarded as common services;

b) for determining the contributions to be made by the Administration in relation to any common service so prescribed;

c) for determining the contributions to be made by the Administration in respect of the debt charges for which the Government is responsible, and

d) for prescribing the time at which and the manner in which calculations and payments (including provisions payments) are to be made.

(4) The powers of the Governor-General under subsection (3) shall be exercised by him on the advice of the Prime Minister but no such advice shall be given without the concurrence of the Premier.

111.- (1) The Governor-General may make rules providing that-

a) the existing or contingent liability of the administration for servicing its public debt shall not exceed such limits as may be prescribed;

b) the Minister responsible for finance shall be informed in advance of any proposal that the Administration should obtain any grant or loan of money; and

c) there shall be such consultation between the Government and the Administration as may be prescribed concerning any such proposal before the proposal is put into effect.

(2) The power of the Governor-General under subsection (1) shall be exercised by him on the advice of the Prime Minister but no such advice shall be given without the concurrence of the Premier.

112.- The High Court shall, to the exclusion of any other court of law have original jurisdiction in any dispute between the Administration and the Government if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.

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.

114.- (1) In this Chapter-

“the Administration” means the Nevis Island Administration;

“the Assembly” means the Nevis Island Assembly.