User:Glide08/Sandbox/Scotland (Old)

CHAPTER I. THE STATE AND THE CONSTITUTION

1. Sovereignty of the people.

In Scotland, the people are sovereign.

2. The nature of the people’s sovereignty.

(1) In Scotland, the people have the sovereign right to self-determination and to choose freely the form in which their State is to be constituted and how they are to be governed.

(2) All State power and authority accordingly derives from, and is subject to, the sovereign will of the people, and those exercising State power and authority are accountable for it to the people.

(3) The sovereign will of the people is expressed in the constitution and, in accordance with the constitution and laws made under it, through the people’s elected representatives, at referendums and by other means provided by law.

(4) The sovereign will of the people is limited only by the constitution and by the obligations flowing from international agreements to which Scotland is or becomes a party on the people’s behalf, in accordance with the constitution and international law.

3. The State and its territory.

(1) Scotland shall be a sovereign, independent, constitutional republic which shall be formally known as the Republic of Scotland. The State may enter into international agreements, and become a member of international organisations, in that name.

(2) The territory of Scotland shall comprise all those areas (including land, islands, internal waters and territorial sea) that were comprised in Scotland, that is to say, were subject to Scots law and over which the Court of Session and High Court of Justiciary have exercised jurisdiction, immediately before [here insert the date of independence], together with such other areas as may be declared by Parliament to form part of the territory of Scotland.

4. Form of government

(1) The form of government in Scotland is a parliamentary democracy.

(2) Scotland shall not be governed, nor shall any persons or group of persons take control of the Government of Scotland or any part thereof, except in accordance with the provisions of this Constitution.

5. National flag, coat-of-arms and anthem

The national flag, coat-of-arms and anthem of Scotland are as set out in Schedule X.

6. Constitution is supreme law.

(1) This Constitution is the supreme law of Scotland and its provisions shall have binding force on the authorities and persons throughout the Republic of Scotland.

(2) All citizens of Scotland shall have the right to resist any person or persons seeking to abolish the constitutional order as established by this Constitution should no other remedy be possible.

(3) Subject to the provisions of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

CHAPTER II. FUNDAMENTAL RIGHTS AND FREEDOMS

7. Fundamental rights and freedoms.

(1) Every person in Scotland has each and all of the following fundamental rights and freedoms, namely-

(a) the rights and freedoms set out in Articles 2 to 12 and 14 of the European Convention on Human Rights, Articles 1 to 3 of the First Protocol to the Convention, agreed at Paris on 20 March 1952, and Article 1 of the Thirteenth Protocol to the Convention, agreed at Vilnius on 3 May 2001, as read with Articles 16 to 18 of the Convention;

(b) the rights and freedoms set out in Articles 10 to 50 of the Charter of Fundamental Rights of the European Union; and

(c) the rights and freedoms set out in the Scottish Declaration of Fundamental Rights and Freedoms.

(2) Scots law is of no effect so far as it is incompatible with those fundamental rights and freedoms.

(3) The Government of Scotland and all public authorities must, in carrying out their functions, respect and comply with those rights and freedoms.

(4) The rights and freedoms set out in subsection (1)(a) have effect for the purposes of this Constitution as they have effect for the time being in relation to Scotland.

(5) In this section:

"the Convention" or "the European Convention on Human Rights" means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950; and

"the Charter of Fundamental Rights of the European Union" means the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg on 12 December 2007.

CHAPTER III. THE PRESIDENT

21. Establishment of office.

(1) There shall be for Scotland a President who shall be the Head of State and a symbol of national unity and shall hold office for a term of five years.

(2) The President shall have such functions as are prescribed by this Constitution and such additional functions (if any) as may be prescribed by Parliament:

Provided that no such additional functions shall be conferred upon him without his consent signified by writing under his hand addressed to the Speaker.

22. Election of President.

(1) The election of the President shall be on the terms of universal adult suffrage, (that is to say, every person who is registered as a voter in any constituency shall, unless he is disqualified by Parliament from voting in Presidential elections, be entitled so to vote, and no other person may so vote) and shall, subject to the provisions of this Constitution, be conducted in accordance with any Act of Parliament relating to the election of the President.

(2) An ordinary Presidential election shall be held on the first Thursday in May in the fifth calendar year following that in which the previous ordinary Presidential election was held.

(3) If the office of President falls vacant, an extraordinary Presidential election shall be held on the last Thursday within sixty days from the date of the vacancy.

(4) If an extraordinary Presidential election is within the period of six months ending with the day on which the poll at the next ordinary Presidential election would be held, that ordinary Presidential election shall not be held.

(5) Subsection (4) does not affect the year in which the subsequent ordinary Presidential election is to be held.

(6) The candidate who receives more than half of all the votes cast shall be elected as President.

(7) If at the presidential election none of the candidates receive more than half of all the votes cast, a further ballot shall be held within fourteen days after the previous ballot, and in that ballot the only candidates shall be:

(a) the candidate, or the candidates, who received the greatest number of votes; and

(b) where only one candidate receives the greatest number of votes, also the candidate, or the candidates, who received the second-greatest number of votes,

and the candidate who receives the greatest number of votes cast in the second ballot shall be elected as President.

(8) If two or more candidates each have the greatest number of votes cast in the second ballot, that number shall be added to the number of votes given for them in the first ballot, to give their total number of votes given for them, and the candidate who receives the greatest total number of votes given for him shall be elected as President.

(9) If two or more candidates each have the greatest total number of votes given for them, Parliament shall decide which of them is to be elected as President.

20. Qualifications of President.

A person shall be qualified to be nominated for election as President if, and shall not be so qualified unless, he is a citizen of Scotland of the age of twenty-five years or upwards and is qualified to be elected as a member of Parliament.

21. Disqualifications of President.

(1) A person shall not be qualified to be elected as President if he is disqualified to be elected as a member of Parliament:

Provided that a person shall not be deemed to not be qualified to be elected as President only by reason of section 28(1)(a), in so far as it relates to the office of President.

(2) A person shall not be qualified to hold the office of President if he holds any other office or emolument whether in the public service or otherwise nor engage in any other occupation for reward.

(3) A person shall not be qualified to be re-elected consecutively as President more than once.

21. Tenure of office.

(1) Subject to the provisions of this section and of section 25 of this Constitution, the term of office of the President shall end at noon, on the first Thursday in June in the calendar year in which the ordinary Presidential election for the subsequent presidential term is held, and the term of office of his successor shall then begin at that time and on that date.

(2) Where a person is elected as president in an extraordinary Presidential election, his term shall begin when he is declared to have been duly elected as President, but the holding of an extraordinary Presidential election does not affect the time and date on which his term is to end.

(3) The President shall vacate his office prior to the expiry of his term of office—

(a) subject to subsection (4), if any circumstances arise that, if he were not President, would cause him to be disqualified to be elected as such by virtue of section 21(1)(b) of this Constitution; or

(b) he is appointed to any such office, or engages in any such occupation, as is referred to in section 21(2) of this Constitution.

(4)

(a) If any such circumstances as are referred to in subsection (3)(a) arise because the President is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the President to appeal against the decision (either with the leave of a court of law or other authority or without such leave) he shall forthwith cease to perform his functions as President but, subject to the provisions of this section, he shall not vacate his office until the expiration of a period or thirty days thereafter:

Provided that the Speaker may, at the request of the President, from time to time extend that period for further periods of thirty days to enable the President to pursue an appeal against the decision, so however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of Parliament.

(b) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the President or if, by reason of the expiration of any period for entering an appeal or notice thereof on the refusal of leave to appeal or for any other reason, it ceases to be open to the President to appeal, he shall forthwith vacate his office.

(c) If at any time before the President vacates his office such circumstances cease to exist, the office of President shall not become vacant on the expiration of the period referred to in paragraph (a) and the President may resume the performance of his functions as such.

22. Removal from office.

The President may be removed from office under section 25 of this Constitution where—

(a) he wilfully violates any provision of the Constitution;

(b) he behaves in such a way as to bring his office into hatred, ridicule or contempt;

(c) he behaves in a way that endangers the security of Scotland; or

(d) because of physical or mental incapacity, he is unable to perform the functions of his office.

25. Procedure for removal from office.

(1) The office of the President shall become vacant if—

(a) Parliament (acting upon a motion signed by not less than one third of all the members of Parliament) proposes the removal of the President from office on grounds of complaint specified with full particulars in the resolution;

(b) a tribunal consisting of the Lord President and two other Senators of the College of Justice appointed by the Lord President, being as far as practicable the most senior Senators, investigates the complaint and makes a report on the facts thereof to Parliament; and

(c) Parliament, after considering the report, by resolution supported by the votes of not less than two-thirds of all the members of Parliament declares that the President shall be removed from office.

(2) Parliament may make provision with respect to the powers, practice and procedure of tribunals established for the purpose of subsection 1(b) of this section and, subject as aforesaid, any such tribunal may by regulation or otherwise regulated its own procedure.

(3) Where a resolution is passed in accordance with subsection (1)(a) of this section, the President shall forthwith cease to perform the functions of this office; but he may resume the performance of those functions if, after the House has considered a report made to it under subsection (1)(b) of this section, no such resolution as is referred to in subsection (1)(c) of this section is passed.

21. Acting President

(1) During any period when the office of President is vacant or the holder of the office of President is absent from Scotland or is for any other reason unable to perform the functions of his office those functions shall be performed by the Speaker, and, in absence of the Speaker, by such person as Parliament may appoint.

(2) Any such person shall cease to perform the functions of the office of President if the holder of the office of President has notified him that he is about to assume or resume those functions.

(3) The holder of the office of President shall not, for the purposes of this section, be regarded as absent from Scotland or as unable to perform the function of his office by reason that he is in passage from one part of Scotland to another.

22. Oaths.

A person appointed to hold or act in the office of President shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and the oath of office.

23. Prerogatives of President.

(1) The President, acting in accordance with the advice of the Advisory Council on the Prerogative of Mercy, may—

(a) grant a pardon, either free or subject to lawful conditions, to any person convicted of any offence;

(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;

(c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; or

(d) remit the whole or any part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the State on account of any offence.

(2) The President shall—

(a) represent Scotland in all its official functions;

(b) receive the credentials of diplomatic envoys accredited to Scotland and sign the credentials of appointment of principal representatives of Scotland abroad;

(c) sign the instruments of ratification of any treaties, agreements or conventions to which Scotland is a party;

(d) grant or otherwise confer decorations, honours and awards; and

(e) otherwise engage in such symbolic or ceremonial activities as he thinks fit.

(3) The President may, after consultation with the Government, communicate with Parliament by message or address on any matter of national or public importance or address a message to the Nation at any time on any such matter.

CHAPTER IV. PARLIAMENT

PART 1. Composition of Parliament

25. Establishment.

(1) There shall be for Scotland a Parliament which shall consist of:

(a) such number of constituency members as corresponds with the number of constituencies for the time being established in accordance with section 50; and

(b) such number of list members as may be determined for each of the regions for the time being established in accordance with section 50.

(2) Where, in accordance with section 50, provision is made by Parliament for leveling seats, then Parliament shall consist of:

(a) the members specified in subsection (1); and

(b) such number of national members, if any, as corresponds with the number of leveling seats for the time being determined in accordance with section 50.

(3) If a person who is not a member of Parliament is elected to be Speaker they shall, by virtue of holding that office, be a member of Parliament.

(4) Any person who sits or votes in Parliament knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of a criminal offence and liable to such fine as may be prescribed by Parliament, for each day on which he so sits or votes in Parliament.

(5) Any prosecution for an offence under subsection (4) shall be instituted in the X and shall not be so instituted except by the Attorney General.

27. Qualification for Members of Parliament.

Subject to section 28, a person shall be qualified to be elected as a member of Parliament if, and shall not be so qualified unless, he is a citizen of Scotland of the age of eighteen years or upwards.

28. Disqualifications for Members of Parliament.

(1) A person shall not be qualified to be elected as a member of Parliament if he—

(a) holds the office of President or of Auditor-General or of member of the Constitutional Council;

(b) holds such other offices (including, without prejudice to the generality of that expression, judicial offices) as may be specified by Act of Parliament;

(c) is employed in the civil service of the Republic, whether in an established capacity or not, and whether for the whole or part of his time;

(d) is a member of the Armed Forces of the Republic or of any police force maintained by a police authority;

(e) is a member of the European Parliament or of the legislature of any foreign power or state (including, without prejudice to the generality of that expression, devolved legislatures and legislatures of territories or federated units);

(f) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state, other than a Commonwealth or European Union Country;

(g) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law for the time being in force in Scotland;

(h) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Scotland;

(i) is under sentence of death imposed on him by a court of law in any part of the Commonwealth or the European Union or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

(j) holds or is acting in any office the functions of which involve responsibility for, or in connection with, the conduct of any Presidential, Parliamentary, European or Local election or the compilation or revision of any register of voters; or

(k) is disqualified for election by or under any law for the time being in force in Scotland by reason of his having been convicted of any offence connected with Presidential, Parliamentary, European or Local elections.

(2) For the purposes of paragraph (i) of subsection (1)—

(a) two or more sentences or imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentence exceeds twelve months, but if any one of such sentence exceeds that term they shall be regarded as on sentence; and

(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default or the payment of a fine.

29. Election of Members of Parliament.

(1) The election of Members of Parliament shall be on the terms of universal adult suffrage, (that is to say, every person who is registered as a voter in any constituency shall, unless he is disqualified by Parliament from voting in Parliamentary elections, be entitled so to vote for constituency members in that constituency, and for regional members in the region of which that constituency forms a part, and no other person may so vote) and shall, subject to the provisions of this Constitution, be conducted in accordance with any Act of Parliament relating to the election of Members of Parliament.

(2) Each of the constituencies established in accordance with the provisions of section 50 shall return one constituency member to Parliament under the simple majority system.

(3) Each of the regions established in accordance with the provisions of section 50 shall return as many regional members as are determined for that region under the additional member system of proportional representation.

(4) In any Parliamentary election the votes shall be given by ballot in such manner as not to disclose how any particular person votes, and the ballot papers shall be in such form so as to allow separate votes to be given both for candidates for constituency members and and for candidates for regional members.

30. Qualification of voters.

Subject to the provisions of section 31, a person shall be qualified to be registered as a voter if, and shall not be qualified to be so registered unless he has attained the age of sixteen years and—

(a) he is a citizen of Scotland; or

(b) he is a citizen of any Commonwealth or European Union Country other than Scotland who is resident in Scotland and has during the eighteen months immediately preceding his registration been a resident for a continuous period of six months or for periods amounting in the aggregate to six months.

31. Disqualification of voters.

No person shall be qualified to be registered as a voter if he—

(a) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Scotland;

(b) is under sentence of death imposed on him by a court of law in any part of the Commonwealth or the European Union; or

(c) he is disqualified for registration as a voter by or under any law for the time being in force in Scotland by reason of his having been convicted of any offence connected with Presidential, Parliamentary, European or Local elections.

32. Term of office of members.

(1) The term of office of a member begins on the day on which he is declared to be returned and ends with the dissolution of Parliament.

(2) Subject to subsection (4), a member shall vacate his seat in Parliament prior to the expiry of his term of office if any circumstances arise that, if he were not a member, would cause him to be disqualified to be elected as such.

(3)

(a) If any such circumstances as are referred to in subsection (2) arise because a member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the member to appeal against the decision (either with the leave of a court of law or other authority or without such leave) he shall forthwith cease to perform his functions as a member but, subject to the provisions of this section, he shall not vacate his seat until the expiration of a period or thirty days thereafter:

Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of Parliament.

(b) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member or if, by reason of the expiration of any period for entering an appeal or notice thereof on the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.

(c) If at any time before the member vacates his seat such circumstances cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he may resume the performance of his functions as a member.

(4) In this section "member" means member of Parliament.

Speaker and Deputy Speakers.

(1) When Parliament first meets after any general election and before it proceeds to the despatch of any other business (other than the taking by its members of the oath of allegiance), it shall elect a person to be the Speaker of Parliament, and, immediately thereafter, it shall proceed to elect two Deputy Speakers of Parliament from among the members of Parliament who are not Ministers or Junior Ministers.

(2) The Speaker may be elected from among the members of Parliament or from among persons who are not members of Parliament but who are qualified for election as such:

Provided that a Minister or a Junior Minister may not be elected as Speaker.

(3) Parliament may at any time elect such number of additional Deputy Speakers as it may determine from among the members of Parliament who are not Ministers or Junior Ministers.

(4) The Speaker or a Deputy Speaker shall hold office until the conclusion of the next election of a Speaker and Deputy Speakers under subsection (1) unless he previously vacates his office; and if the office of Speaker or of a Deputy Speaker elected under subsection (1) falls vacant at any time before the next dissolution of Parliament, Parliament shall, as soon as practicable, elect another person to fill his place.

(5) No business shall be transacted in Parliament (other than the election of a Speaker) at any time when the office of Speaker is vacant.

(6) A person shall vacate the office of Speaker—

(a) if he becomes a Minister or a Junior Minister;

(b) if any circumstances arise that would cause him to be disqualified for election as a member of Parliament; or

(c) if he is removed from office by resolution of the Parliament.

(7) A person shall vacate the office of a Deputy Speaker—

(a) if he becomes a Minister or a Junior Minister;

(b) if he ceases to be a member of Parliament; or

(c) if he is removed from office by resolution of the Parliament.

(8) If, by virtue of section 32(2), the Speaker or a Deputy Speaker is required to cease to perform his functions as a member of Parliament he shall also cease to perform his functions as Speaker or as a Deputy Speaker, as the case may be, and if he resumes the performance of his functions as a member of Parliament, he shall also resume the performance of his functions as Speaker or as a Deputy Speaker, as the case may be.

(9) The Speaker's functions may be exercised by a Deputy Speaker if the office of Speaker is vacant or the Speaker is for any reason unable to act, and the Speaker may (subject to the standing orders of Parliament) authorise any Deputy Speaker to exercise functions on his behalf.

Clerk of the Parliament.

(1) There shall be a Clerk of the Parliament who shall be appointed by the Scottish Parliamentary Corporate Body.

(2) The office of the Clerk of the Parliament shall be a public office.

Scottish Parliamentary Corporate Body.

(1) There shall be a Scottish Parliamentary Corporate Body (also referred to in this section as "the corporation"), whose members shall be the Speaker and at least four other members of Parliament appointed in accordance with the standing orders of Parliament.

(2) The corporation shall provide Parliament, or ensure that Parliament is provided, with the property, staff and services required for Parliament's purposes.

(3) Parliament may give special or general directions to the corporation for the purpose of, or in connection with, the exercise of the corporation's functions.

(4) Any property or liabilities acquired or incurred in relation to matters within the general responsibility of the corporation to which (apart from this subsection) Parliament would be entitled or subject shall be treated for all purposes as property, or, as the case may be, as liabilities, of the corporation.

(5) Any expenses of the corporation shall be payable out of the Scottish Consolidated Fund.

(6) Any sums received by the corporation shall be paid into that Fund, subject to any provision made by or under an Act of Scottish Parliament for the disposal of or accounting for such sums.

Determination of questions of membership.

36.- (1) The High Court shall have jurisdiction to hear and determine any question whether-

a) any person has been validly elected as a representative;

b) any person has been validity appointed as a Senator;

c) any person who has been elected as Speaker from among persons who were not members of the National Assembly was qualified to be elected or has vacated the office of Speaker; or

d) any member of the Assembly has vacated his seat or is required, by virtue of section 31(4), to cease to perform his functions as a member of the Assembly.

(2) An application to the High Court for the determination of any question under subsection (1)(a) may be made by any person entitled to vote in the election to which the application relates or by any person who was, or who alleges that he was, a candidate at that election or by the Attorney-General and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.

(3) An application to the High Court for the determination of any question under subsection (1)(b) or (1)(c) may be made by any Representative or by the Attorney-General and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.

(4) An application to the High Court for the determination of any question under subsection (1)(d) may be made-

a) by any Representative or by the Attorney-General; or

b) in the case of the seat of a Representative, by any person registered in some constituency as a voter in elections of Representatives,

and, if it is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear and be represented in the proceedings.

(5) There shall be such provision as may be made by Parliament with respect to-

a) the circumstances and manner in which and the imposition of conditions upon which any application may be to the High Court for determination of any question under this section; and

b) the powers, practice and procedure of the High Court in relation to any such application.

(6) An appeal shall lie as of right to the Court of Appeal from any final decision of the High Court determining any such question as is referred to in subsection (1).

(7) No appeal shall lie from any decision of the Court of Appeal in exercise of the jurisdiction conferred by subsection (6) and no appeal shall lie from any decision of the High Court in proceedings under this section other than a final decision determining any such question as is referred to in subsection (1) of this section.

(8) In the exercise of his functions under this section, the Attorney-General shall not be subject to the direction or control of any other person or authority.

PART 2. Legislation and Procedure in Parliament

Power to call for witnesses and documents.

(1) Parliament may require any person—

(a) to attend its proceedings for the purpose of giving evidence; or

(b) to produce documents in his custody or under his control,

concerning any subject for which any member of the Government has general responsibility.

(2) Parliament may impose such a requirement on a person outside Scotland only in connection with the discharge by him of functions which concern a subject for which any member of the Scottish Government has general responsibility.

(3) Parliament may not impose such a requirement on—

(a) a judge of any court; or

(b) a member of any tribunal,

in connection with the discharge by him of his functions as such.

(4) Such a requirement may be imposed by a committee or sub-committee of Parliament only if the committee or sub-committee is expressly authorised to do so (whether by the standing orders of Parliament or otherwise).

(5) A person is not obliged under this section to answer any question or produce any document which he would be entitled to refuse to answer or produce in proceedings in a court.

(6) A procurator fiscal is not obliged under this section to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if the Prosecutor-General—

(a) considers that answering the question or producing the document might prejudice criminal proceedings in that case or would otherwise be contrary to the public interest, and

(b) has authorised the procurator fiscal to decline to answer the question or produce the document on that ground.

Power to make laws.

(1) Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Scotland, in conformity with full respect for human rights, generally accepted principles of international law and Scotland's international and regional obligations, particularly those arising out of Scotland's membership in the European Union.

(2) Proceedings in Parliament in relation to Bills shall be conducted in three readings, that is to say—

(a) a first reading, in which the debate shall be a general debate on a Bill and voting shall be on its general principles;

(b) a second reading, in which the debate and voting shall be on the details of the Bill; and

(c) a third reading, in which the voting shall be on whether to pass or reject the Bill:

Provided that—

(a) provision may be made in the standing orders of Parliament to enable Parliament to expedite proceedings in relation to a particular Bill; and

(b) the standing orders of Parliament may provide for alternate procedures applicable to—

(i) Bills which restate the law;

(ii) Bills which repeal spent enactments; and

(iii) private member's Bills; and

(c) any Bill reconsidered under section 42(3) shall be subject to a final stage at which it can be approved or rejected.

Alteration of this Constitution.

(1) Parliament may, in exercise of its constituent power, but subject to the provisions of this section and of any provision of this Constitution which relates to the Constituent Assembly, alter any of the provisions of this Constitution in the manner specified in the following provisions of this section.

(2) A bill to alter any of the provisions of this Constitution shall not be submitted to the President for his assent unless it has been approved on a referendum held after its passage in Parliament by not less than a majority of all the votes validity cast on that referendum:

provided that any such bill which on its first and third readings has been supported by the votes of not less than two-thirds of all the members shall not be required to be approved on a referendum.

(3) The right of any person to vote on a referendum under this section shall be exercised in accordance with such procedures as may be prescribed by Parliament for the purposes of the referendum.

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

(5)

(a) A bill to alter any of the provisions of this Constitution or of the Supreme Court Order shall not be submitted to the President for his assent unless it is accompanied by a certificate under the hand of the Speaker that the provisions of subsection (2) (including the proviso thereto) have been complied with and, where a referendum has been held in pursuance of subsection (2), by a certificate under the hand of the Chief Returning Officer stating the results of the referendum.

(b) The certificate of the Speaker under this subsection shall be conclusive that the provisions of subsections (2) have been complied with and shall not be enquired into in any court of law.

Oath.

(1) Every member of Parliament shall, before taking his seat in Parliament, take and subscribe before Parliament the oath of allegiance but a member may before taking that oath take part in the election of the Speaker and Deputy Speakers.

(2) Any person elected to the office of Speaker shall, if he has not already taken and subscribed the oath of allegiance under subsection (1), take and subscribe that oath before Parliament before entering upon the duties of his office.

Presiding.

There shall preside at any sitting of Parliament—

(a) the Speaker;

(b) in the absence of the Speaker:

(i) if there is only one Deputy Speaker present in such sitting, that Deputy Speaker; or

(ii) if there is more than one Deputy Speaker present in such sitting, such one of them, if any, as the Speaker may have nominated to preside thereat, or failing the presence of any Deputy Speaker so nominated, or of multiple Deputy Speakers so nominated, such Deputy Speaker as Parliament may choose to preside for that sitting; or

(c) in the absence of the Speaker and all Deputy Speakers, such member of Parliament (not being a Minister or a Junior Minister) as Parliament may elect for that purpose.

Voting.

(1) Save as otherwise provided in this Constitution, any question proposed for decision in the National Assembly shall be determined by a majority of the votes of the members present and voting:

Provided that a question of no confidence in the Government shall be determined by a majority of the votes of all the Representatives.

(2) Except in the case of a question of no confidence in the Government, a question shall not be regarded as having been validly determined by a vote in the National Assembly on occasions when the numbers of members voting are recorded unless not less than three-fifths of all the members, or such greater number of members as Parliament may prescribe, take part in the voting.

(3) Subject to subsection (4), a person presiding in the Assembly shall not vote unless on any question the votes of the members are equally divided, in which case he shall have and exercise a casting vote:

Provided that in the case of the question of the final reading of any such bill as is referred to in section 38(2) he shall, if he is a Representative, have an original vote but no casting vote.

(4) A Speaker who was elected from among persons who were not members of the National Assembly shall have neither an original nor a casting vote and if upon any question before the Assembly when such a Speaker is presiding, the votes of the member are equally divided, the motion shall be lost.

42. Mode of exercise of legislative power.

(1) Subject to the provisions of this Constitution, the power of Parliament to make laws shall be exercised by bills passed by Parliament and assented to by the President.

(2) Where a bill is presented to the President for assent he shall in his discersion either assent or withhold his assent within twenty-one days of the bill's presentation:

Provided that where the President neither assents nor withholds his assent to a bill within twenty-one days of the bill's presentation, the said bill shall be deemed to have been assented to by the President at the expiration of the said period of twenty-one days.

(3) Where the President withholds his assent to a bill, the bill shall be returned to Parliament with a message from the President requesting that it will reconsider the Bill or any specified provisions thereof, and Parliament shall reconsider the Bill accordingly.

(4) Where the President withholds his assent to a bill, the bill shall not again be presented for assent:

Provided that if, in the case of a bill returned to and subsequently reconsidered by Parliament, Parliament resolves within six months of the bill being so returned, upon a motion supported by the votes of not less than two-thirds of all the members of Parliament, that the bill should again be presented for assent, the bill shall be so presented.

(5) Where a bill is again presented to the President for assent in accordance with the provisions of paragraph (4) of this Article, the President shall without delay assent to the bill:

Provided that where the President does not assent to a bill so presented to the President for assent, the said bill shall be deemed to have been assented to by the President at the expiration of seven days from the bill's presentation.

(6) When a bill that has been duly passed is assented to or deemed to have been assented to in accordance with the provisions of this Constitution it shall become law and the President shall thereupon cause it to be published in the Gazette as a law.

(7) No law made by Parliament shall come into operation until it has been published in the Gazette, but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect.

(8) All laws made by Parliament shall be styled "Acts" and the words of enactment shall be "BE IT ENACTED by the Scottish Parliament, after being passed by the Parliament on [Date] and receiving Presidential Assent on [Date], as follows:"

Restrictions with regard to certain financial measures.

43.- Except on the recommendation of the President signified by a Minister, Parliament shall not-

a) proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, makes provision for any of the following purposes-

i) for the imposition of taxation or the alteration of taxation otherwise than by reduction;

ii) for the imposition of any charge upon the Consolidated Fund or any other public fund of the Government or the alteration of any such charge otherwise than by reduction;

ii) for the payment, issue or withdrawal from the Consolidated Fund or any other public fund of the Government of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or

iv) for the composition or remission of any debt due to the Government of Scotland; or

b) proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.

Regulation of procedure in National Assembly.

44.- (1) Subject to the provisions of this Constitution, the National Assembly may regulate its own procedure and may in particular make rules for the orderly conduct of its own proceedings.

(2) The National Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the Assembly first meets after any general election) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the Assembly shall not invalidate those proceedings.

Freedom of speech.

45.- Without prejudice to any provision made by Parliament relating to the powers, privileges and immunities of the National Assembly and its committees, or the privileges and immunities of the members and officers of the Assembly and of other persons concerned in the business of the Assembly or its committees, no civil or criminal proceedings may be or written in a report to, the Assembly or a committee thereof or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise.

PART 3. Summoning, prorogation and dissolution

Sessions.

46.- (1) Each session of Parliament shall be held at such place within Saint Christopher and Nevis and shall begin at such time, not being later than one hundred and eighty days from the end of the preceding session if Parliament has been prorogue or ninety days from the holding of a general election of Representatives if Parliament has been dissolved, as the Governor-General shall appoint by proclamation.

(2) Subject to subsection (1), the sittings of the National Assembly shall be held at such time and place as the Assembly may, by its rules of procedure or otherwise, determine.

Prorogation.

47.- (1) The President may at any time prorogue Parliament.

48. Dissolution, Vacancies and Holding of elections.

(1) An ordinary general election of members of Parliament shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary general election was held.

(2) The Parliament then in existence dissolves at the beginning of the 17th working day before the polling day for the next ordinary general election of members of Parliament.

(3) Parliament shall dissolve prematurely if:

(a) Parliament resolves that it should be dissolved and, if the resolution is passed on a division, the number of members voting in favour of it is not less than two-thirds of the total number of seats for members of the Parliament, or

(b) any period during which Parliament is required under section X to nominate one of its members for appointment as Prime Minister ends without such a nomination being made.

(4) If Parliament dissolves prematurely, an extraordinary general election shall be held on the last Thursday within sixty days from the date of the premature dissolution.

(5) If an extraordinary general election is within the period of six months ending with the day on which the poll at the next ordinary general election would be held, that ordinary general election shall not be held.

(6) Subsection (5) does not affect the year in which the subsequent ordinary general election is to be held.

(7) Where the seat of a member of Parliament falls vacant otherwise than by reason of a dissolution of Parliament:

(a) if the vacant seat is that of a constituency member, a by-election shall be held to fill the vacancy within ninety days of the occurrence of the vacancy unless Parliament is sooner dissolved; or

(b) if the vacant seat is that of a regional member or of a national member, his place shall be filled by the person whose name appears highest on that member's list and was not elected as a Member.

PART 4. Delimitation of constituencies and regions

Constituency Boundaries Commission.

49.- (1) There shall be for Scotland a Constituency Boundaries Commission (hereinafter in this section referred to as the Commission) which shall consist of-

a) a Chairman, who shall be elected by the Senators of the College of Justice, other than the Lord President and the Lord Justice Clerk, from among themselves; and

b) one member for each party which is represented by three or more members of Parliament, each of whom shall be appointed by the Chairman of the Commission, after consultation with the members of Parliament representing the party concerned:

provided that any member appointed under paragraph (b) shall not be a member of Parliament.

(2) A member of the Commission shall vacate his office-

a) at the next dissolution of Parliament after his appointment,

b) in the case of the chairman, if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such;

c) in the case of a member other than the chairman, if he cease to be a member of the National Assembly otherwise than by reason of the dissolution of Parliament; or

d) if the Governor-General, acting in accordance with the advice of the Prime Minister given after the Governor-General has consulted the Leader of the Opposition in the case of the chairman, in accordance with the advice of the Prime Minister in the case of a member appointed under subsection (1)(b) or in accordance with the advice of the Leader of the Opposition in the case of a member appointed under subsection (1)(c), directs.

(3) The Commission may regulate its own procedure and, with the consent of the Prime Minister, may confer powers and impose duties on any public officer or on any authority of the Government for the purpose of the discharge of its functions.

(4) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:

Provided that any decision of the Commission shall require the concurrence of a majority of all its members.

Constituencies and Regions.

(1) For the purposes of elections of constituency members to Parliament, Scotland shall be divided into the following constituencies:

(a) the Orkney Islands;

(b) the Shetland Islands; and

(c) such other constituencies as may be provided for by a Decree under section 50.

(2) For the purposes of elections of regional members to Parliament, the constituencies into which Scotland is divided shall be grouped into such number of regions as may be provided for by a Decree under section 50, and each such a region shall return such number of regiobal members as may be prescribed by the said Decree.

Review of constituency and regional boundaries.

50.- (1) The Constituency Boundaries Commission (hereinafter in this section referred to as the Commission) shall, in accordance with the provisions of this section, review the number and boundaries of the constituencies into which Scotland is divided, the number and boundaries of the regions into which these constituencies are grouped, and the number of members returned for each of these regions, and submit to the Government reports either-

a) showing the alterations to the numbers or boundaries of constituencies and regions, or to the existing numbers of members returned for the regions, which it recommends in order to give effect to the rules set out in schedule 2; or

b) stating that, in its opinion, no alteration is required to the existing numbers or boundaries of constituencies and regions, or of the existing numbers of members returned for the regions, in order to give effect to those rules.

(2) Reports under subsection (1) shall be submitted by the Commission at intervals of not less than eight nor more than twelve years.

(3) As soon as may be after the Commission has submitted a report under subsection (1)(a), the Prime Minister shall lay before Parliament for its approval:

(a) the report; and

(b) a draft of a Decree for giving effect to the recommendations contained in the report.

(5) If the motion for the approval of any draft Decree laid before Parliament under subsection (3) is rejected by Parliament, or is withdrawn by leave of Parliament, the Prime Minister shall amend the draft and lay the amended draft before Parliament.

(6) If any draft Decree laid before Parliament under subsection (3) or (5) is approved by a resolution of Parliament, the Prime Minister shall submit it to the Government which shall make a Decree in terms of the draft; and that Decree shall come into force upon the next dissolution of Parliament after it is made.

(7) The question of the validity of any Decree purporting to be made under subsection (6) and reciting that a draft thereof has been approved by resolution of Parliament shall not be enquired into in any court of law except upon the ground that the proclamation does not give effect to rule 1 in schedule 2.

CHAPTER V. THE EXECUTIVE

51. Executive authority.

(1) Subject to the Provisions of this Constitution, the executive authority of Scotland is vested in the Government of Scotland and may be exercised either by the whole Government or by any Minister duly authorized in that behalf by the Government or, subject to any directions of the Government or such Minister, by subordinate officers acting on behalf of the Government or such Minister.

(2) Without prejudice to the generality of the preceding subsection, the authority vested in the Government extends to the conduct of the external relations of Scotland.

(3) Nothing in the foregoing provisions of this section shall prevent Parliament from conferring functions on persons or authorities other than the Government.

(4) In this Constitution, unless it is otherwise provided or required by the context, references to the functions of the Government shall be construed as references to the powers and duties of the Government in exercise of the executive authority of Scotland and to any other powers and duties conferred or imposed upon the Government by this Constitution or any other law.

(5)

(a) Where the execution of any document by a Minister is expressed to be on behalf of the Government, any question whether that Minister was duly authorised by the Government to execute the document shall not be enquired into in any court.

(b) The references in this subsection to the execution of a document shall be construed as including references to the making of, or the signification of approval or assent to, any legislative instrument (other than an Act of Parliament) and to the conclusion of any treaty or written agreement.

52. Ministers.

(1) There shall be a Prime Minister of Scotland who shall be appointed by the President in accordance with the foregoing provisions of this section.

(2) When Parliament is first convened or whenever any other occasion to appoint a Prime Minister arises, Parliament shall within 28 days nominate one of its members for appointment as Prime Minister.

(3) There shall be, in addition to the office of Prime Minister, an office of Deputy Prime Minister and such other offices of Minister of the Government as may be established by Parliament, or, subject to the provisions of any law enacted by Parliament, by the Government.

(4) Appointments to the office of Minister, other than the office of Prime Minister, shall be made by the Prime Minister, acting after obtaining the approval of the President, from among persons who are qualified to be elected as members of Parliament:

Provided that—

(a) the Prime Minister shall not seek the President's approval for any appointment under this subsection without the agreement of Parliament; and

(b) not less than one-half of all other Ministers shall be appointed from among members of Parliament.

(5) If occasion arises for making an appointment to the office of Prime Minister while Parliament is dissolved, then Parliament shall be recalled and nominate a person who was a member of Parliament immediately before the dissolution for appointment as Prime Minister.

(6) Whenever Parliament is dissolved, the requirement that the Deputy Prime Minister and not less than one-half of all other Ministers shall be appointed from among members of Parliament shall be construed as to apply to persons who were members of Parliament immediately before the dissolution.

(7) The offices of the Prime Minister and of the Deputy Prime Minister shall become vacant—

(a) if Parliament resolves that the Government no longer enjoys the confidence of Parliament;

(b) if the holder of the office ceases to be a member of Parliament otherwise than by reason of a dissolution; or

(c) if, by virtue of section 31(4), he is required to cease to perform his functions as a member of Parliament.

(8) The office of a Minister other than the Prime Minister or the Deputy Prime Minister shall become vacant—

(a) if Parliament resolves that the Government no longer enjoys the confidence of Parliament;

(b) if any circumstances arise which would have required him, had he been a member of Parliament, to cease to perform his functions as such by virtue of section 31(4);

(c) if the Prime Minister so directs; or

(d) on the appointment of any person to the office of Prime Minister.

(9) Where Parliament resolves that the Government no longer enjoys the confidence of Parliament, the Ministers shall be deemed to continue in office until the appointment of the persons succeeding them, but only for the purpose of exercising their retained functions.

Government.

(1) There shall be for Scotland a Government which shall consist of the Prime Minister and the other Ministers.

(2) The Government shall be collectively responsible to Parliament for the performance of its functions and for all things done by or under the authority of any Minister in the execution of his office.

Allocation of portfolios.

The Prime Minister may by directions in writing assign to any Minister responsibility any business of government, including the administration of any department of the Scottish Administration.

Absence or illness of Prime Minister.

(1) Whenever the office of Prime Minister is vacant or the Prime Minister is absent from Scotland or by reason of illness is unable to perform the functions conferred upon him by this Constitution, those functions shall be performed—

(a) by the Deputy Prime Minister; or

(b) in the absence of the Deputy Prime Minister or if he too is likewise unable to perform those functions, by such other Minister as the Government may elect for that purpose.

(2) The Deputy Prime Minister shall cease to perform the functions of the Prime Minister when he is informed by the Government that the Prime Minister is about to resume those functions.

(3) A Minister elected to perform the functions of the Prime Minister under subsection (1)(b) of this section shall cease to perform those functions when he is informed by the Government that the Deputy Prime Minister is about to assume, or that the Prime Minister is about to resume, those functions.

President to be kept informed.

The Prime Minister shall keep the President fully informed concerning the general conduct of the Government and shall furnish the President with such information as he may request with respect to any particular matter for which the Government is responsible.

Junior Ministers.

(1) The Prime Minister, acting after obtaining the approval of the President, may appoint Junior Ministers from among persons who are qualified to be elected as members of Parliament to assist Ministers in the performance of their duties:

Provided that the Prime Minister shall not seek the President's approval for any appointment under this subsection without the agreement of Parliament.

(2) The office of a Junior Minister shall become vacant—

(a) if Parliament resolves that the Government no longer enjoys the confidence of Parliament;

(b) if any circumstances arise which would have required him, had he been a member of Parliament, to cease to perform his functions as such by virtue of section 31(4);

(c) if the Prime Minister so directs; or

(d) on the appointment of any person to the office of Prime Minister.

Oaths.

A Minister or a Junior Ministers shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance, the oath of office and the oath of secrecy.

Functions of Prime Minister.

(1) The Prime Minister shall—

(a) be the Head of Government and Commander-in-Chief of the Armed Forces;

(b) have general direction and control of the Government of Scotland, and direct the general policy thereof;

(c) have power to make any order or regulation for the carrying into effect of any Act of Parliament as provided by Parliament; and

(d) summon, preside in, and take part in the discussions and voting at, the meetings of the Government, and prepare the agenda thereof, in accordance with the provisions of this Constitution.

(2) The Prime Minister shall represent the Government of Scotland in official functions (including, without prejudice to the generality of that expression, representing Scotland in the European Council and in international summits of Heads of Government).

Functions of Ministers.

(1) Where any Minister has been charged with responsibility for any department of the Scottish Administration, he shall exercise general direction and control over that department, and shall have power—

(a) to execute laws relating to, and to administer all matters and affairs usually falling within, the domain of that department;

(b) to constitute and abolish offices for Scotland falling within the domain of that department, to make appointments to any such office and terminate any such appointment;

(c) to prepare orders or regulations concerning that department for submission to the Prime Minister; and

(d) to issue directions and general instructions for the carrying out of the provisions of any law relating to that department and of any order or regulation under such law.

(2) Subject to the direction and control exercised under subsection (1), every department of the Scottish Administration shall be under the supervision of a permanent secretary, whose office shall be a public office:

Provided that two or more departments may be placed under the supervision of one permanent secretary and one department may be placed under the supervision of two or more permanent secretaries.

Secretary to Government.

(1) There shall be a Secretary to the Government whose office shall be a public office.

(2) The Secretary to the Government, who shall have charge of the Prime Minister's Office, shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for arranging the business for, and keeping the minutes of, the Government and for conveying the decisions of the Government to the appropriate person or authority and shall have such other functions as the Prime Minister may direct.

Constitution of offices etc.

Subject to the provisions of this Constitution and of any other law, the Government may constitute and abolish offices for Scotland, make appointments to any such office and terminate any such appointment.

Lord Advocate.

(1) There shall be an Lord Advocate who shall be the principal legal adviser to the Government and whose office shall be a public office.

(2) No person shall be qualified to hold or act in the office of Lord Advocate unless he is qualified for election as a member of Parliament and is also qualified to practice as an Advocate in Scotland.

Prosecutor-General.

(1) There shall be a Prosecutor-General whose office shall be a public office.

(2) The Prosecutor-General shall have power in any case in which he considers it desirable so to do—

(a) to institute and undertake criminal proceedings against any person before any court of law (other than in a court-martial) in respect of any offence under a law alleged to have been committed by that person;

(b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.

(3) The power of the Prosecutor-General under subsection (2) may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.

(4) The power conferred on the Prosecutor-General by paragraphs (b) and (c) of subsection (2) shall be vested in him to the exclusion of any other person or authority:

Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

(5) For the purposes of this section, any appeal from a judgment in criminal proceedings before any court or any case stated or question of law reserved for the purpose of any such proceedings, to any other court shall be deemed to be part of those proceedings:

Provided that the power conferred of the Prosecutor-General by subsection (2)(c) shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.

(6) In the exercise of the functions vested in him by this Constitution, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.

CHAPTER VI. THE CONSTITUTIONAL COUNCIL

69. Establishment of Constitutional Council

(1) There shall be for Scotland a Constitutional Council which shall consist of seven members.

(2) Subject to subsection (3), appointments to the office of member of the Constitutional Council shall be made by the Prime Minister, acting after obtaining the approval of the President, from among persons who—

(a) are of the age of twenty-five years or upwards;

(b) are of proven integrity; and

(c) have been legal practitioners for at least ten years and have specialised training or experience in human rights or constitutional law.

(3) Of the members of the Constitutional Council—

(a) not less than one nor more than two shall be persons who are citizens of European Union Countries other than Scotland;

(b) not less than one nor more than two shall be persons who are citizens of Commonwealth Countries other than Scotland;

(c) the remaining members shall be persons who are citizens of Scotland.

(4) The Constitutional Council shall be deemed to be duly constituted notwithstanding any vacancy in the membership thereof.

70. Chairman and Vice-Chairman of Constitutional Council

(1) The member of the Constitutional Council who is ranked first in the order of members of the Council by the dates on which they assumed office shall be Chairman of the Constitutional Council and the member of the Council who is ranked immediately after the Chairman in that order shall be Vice-Chairman of the Constitutional Council.

(2) For the purposes of subsection (1), where two or more members of the Constitutional Council assumed office on the same day, the elder shall be ranked in the order of members of the Council by the dates on which they assumed office before the younger.

71. Procedure in Constitutional Council

(1) The Constitutional Council will meet as occasion may require on the summons of the Chairman.

(2) There shall preside at any meeting of the Constitutional Council—

(a) the Chairman;

(b) in the absence of the Chairman, the Vice-Chairman; or

(c) in the absence of the Chairman and the Vice-Chairman, such member of the Council as the Council may elect for that purpose.

(3) Any question proposed for decision in the Constitutional Council shall be determined by a majority of the votes of all the members thereof, and a question shall not be regarded as having been validly determined by a vote in the Council on occasions when the numbers of members voting are recorded if less than five members take part in the voting.

(4) A person presiding in the Constitutional Council shall have an original vote, and the votes of the members are equally divided on any question, he shall have and exercise a casting vote.

72. Judicial Functions of Constitutional Council

(1) The Constitutional Council shall have original and final jurisdiction to hear—

(a) a matter relating to the interpretation of this Constitution;

(b) a matter relating to a violation or contravention of this Constitution;

(c) whether or not a matter falls within its judicial jurisdiction.

(2) Where a question relating to this Constitution arises in a court, the person presiding in that court shall refer the question to the Constitutional Council.

73. Other Functions of Constitutional Council

(1) A person who alleges that—

(a) an Act of Parliament or statutory instrument;

(b) an action, measure or decision taken under law; or

(c) an act, omission, measure or decision by a person or an authority;

contravenes this Constitution, may petition the Constitutional Council for redress.

(2) Where it is so demanded by—

(a)

71. Salaries and allowances of members

(1) The members of the Constitutional Council shall be paid such salaries and allowances as the Constitutional Council may prescribe:

Provided that the salary of any member shall not be reduced during his continuance in office.

(2) The salaries and allowances payable under the preceding subsection shall be a charge upon and shall be paid out of the revenues of Scotland.

CHAPTER VI FINANCE

Consolidated Fund.

69.- All revenue or other moneys raised or received by the Government (not being revenues or other moneys that are payable, by or under any law, into some other fund of the Government established for a specific purpose) shall be paid into and form a Consolidated Fund.

Withdrawals from Consolidated Fund or other public funds.

70.- (1) No moneys shall be withdrawn from the Consolidated Fund except-

a) to meet expenditure that is charged upon the Fund by this Constitution or by any law made in pursuance of section 72.

b) where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of section 72.

(2) Where any moneys are charged by this Constitution or any law enacted by Parliament upon the Consolidated Fund or any other public fund of the Government, they shall be paid out of that fund by the Government to the person or authority to whom payment is due.

(3) No moneys shall be withdrawn from any public fund of the Government other than the Consolidated Fund unless the issue of those moneys has been authorized by or under any law.

(4) There shall be such provision as may be made by Parliament prescribing the manner in which withdrawals may be made from the Consolidated Fund or any other public fund of the Government.

(5) The investment of moneys forming part of the Consolidated Fund shall be made in such manner as may be prescribed by or under a law enacted by Parliament.

(6) Notwithstanding subsection (1), provision may be made by or under a law enacted by Parliament authorizing withdrawals to be made from the Consolidated Fund, in such circumstance and to such entente as may be prescribed by or unbar a law enacted by Parliament, for the purpose of making repayable advances.

Authorization of expenditure from Consolidated Fund by the appropriation law.

71.- (1) The Minister for the time being responsible for finance shall cause to be prepared and laid before the National Assembly before, or not later than sixty days after, the commencement of each financial year estimates of the revenues and expenditure of the Government for that financial year.

(2) When the estimates of expenditure (other than expenditure charged upon the Consolidated Fund by this Constitution or by any law enacted by Parliament) have been approved by the National Assembly, a bill known as an appropriation bill, shall be introduced in the Assembly providing for the issue from the Consolidated Fund of the sums, under separate votes for the several services required, to the purposes specified therein.

(3) If in respect of any financial year it is found-

a) that the amount appropriated by the appropriation law to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that law; or

b) that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose by the appropriation law or for a purpose to which no amount has been appropriated by that law, a supplementary estimate showing the sums required or spent shall be laid before the National Assembly and, when the supplementary appropriation shall be introduced in the Assembly providing for the issue of such sums from the Consolidated Fund and appropriating them to the purposes specified therein.

Authorization of expenditure in advance of appropriation.

72.- There shall be such provisions as may be made by Parliament under which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the Minister for the time being responsible for finance may authorize the withdrawal of moneys from the Consolidated Fund for the Purpose of meeting expenditure necessary to carry on the services of the Government until the expiration of four months from the beginning of that financial year or the coming into operation of the law, whichever is the earlier.

Warrants for unforeseen expenditure.

73.- (1) If it appears to the Minister for the time being responsible for finance that-

a) there is an urgent need to incur expenditure;

b) no provision exist for that expenditure in any appropriation law or other law; and

c) it would not be in the public interest to delay the authorization of that expenditure until such time as a supplementary estimate can be laid before the National Assembly,

the Minister may, by special warrant, authorize the issue from the Consolidated Fund of the money required to meet that expenditure:

Provided that the total such for the time being authorized to be issued under this subsection, for which no provisions has been made by an appropriation law, shall not exceed such amount as may be prescribed by Parliament.

(2) Where in any financial year any expenditure has been authorized by special warrant under subsection (1) the Minister for the time being responsible for finance shall cause a supplementary estimate relating to that expenditure to be laid before the National Assembly at the first sitting of the Assembly occurring after the expiration of fourteen days from the date of the warrant and a supplementary appropriation bill shall be introduced in the Assembly providing for the issue of the sums authorized to be spent and appropriating them to the purposed specified therein.

Remuneration of certain officers.

74.- (1) There shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by or under a law enacted by Parliament.

(2) The salaries and allowances prescribed under subsection (1) shall be a charge on the Consolidated Fund.

(3) The Salary prescribed under subsection (1) in respect of the holder of an office and his other terms of service (other than allowances that are not taken in to account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not be altered to his disadvantage after his appointment.

(4) When a person's salary or other terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3), be deemed to be more advantageous to him than any others for which he might have opted.

(5) This section applies to the office of the Governor-General, member of the Public Service Commission, member of the Police Service Commission, member of the Public Service Board of Appeal, the Director of Public Prosecutions and the Director of Audit.

(6) Nothing in this section shall be construed as affecting section 88 of this Constitution (which protects pensions rights in respect of service as a public officer).

Public Debt.

75.- (1) All debt charges for which the Government is liable shall be a charge on the Consolidated Fund.

(2) For the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of the debt created thereby.

Audit of public accounts etc.

76.- (1) There shall be a Director of Audit whose office shall be a public office.

(2) The Director of Audit shall-

a) Satisfy himself that all moneys that have been appropriated by Parliament and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure conforms to the authority that governs it; and

b) at least once in every year audit and report on the public accounts of the Government, the accounts of all officers and authorities of the Government, the accounts of all courts of law in Saint Christopher and Nevis (including any accounts of the Supreme Court maintained in Saint Christopher and Nevis), the accounts of every Commission and Board established by this Constitution and the accounts of the Clerk of the National Assembly.

(3) The Director of Audit and any officer authorized by him shall have access to all books, records, returns, reports and other documents that in his opinion relate to any of the accounts referred to in subsection (2).

(4) The Director of Audit shall submit every report made by him in pursuance of subsection (2) to the Minister for the time being responsible for finance who shall, not later than seven days after the National Assembly first meets after he has received the report, lay it before the Assembly.

(5) If the Minister fails to lay a report before the National Assembly in accordance with subsection (4) the Director of Audit shall transmit copies of the report to the Speaker who shall, as soon as practicable, present them to the Assembly.

(6) The Director of Audit shall exercise such other functions in relation to the accounts of the Government or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by Parliament.

(7) In the exercise of his function under subsection (2), (3), (4) and (5), the Director of Audit shall not be subject to the direction or control of any other person or authority.

CHAPTER VII

THE PUBLIC SERVICE COMMISSION

Public Service Commission.

77.- (1) There shall be for Saint Christopher and Nevis a Public Service Commission (hereinafter in this section referred to as the Commission) which shall consist of a chairman and not less than two nor more than four other members who shall be appointed as follows-

a) the chairman and not more than three other members shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and

b) one member shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, from among persons selected by the appropriate representative body or, if there is no such body, by the Governor-General, acting in his own deliberate judgment:

Provided that, for the purposes of discharging its functions in relation to public offices on the staff of the Nevis Island Administration, the Commission shall consist of-

a) the chairman who has been appointed as aforesaid;

b) such one of the members appointed as aforesaid as may be designated in that behalf by the chairman; and

c) two members appointed specifically in relation to the island of Nevis by the Governor-General, acting in accordance with the advice of the Prime Minister after the Prime Minister has consulted the Premier.

(2) A person shall not be qualified to be appointed as a member of the Commission-

a) unless he is a Commonwealth citizen ordinarily resident in Saint Christopher and Nevis; or

b) if he is member of the National Assembly or the Nevis Island Assembly or a public officer.

(3) Subject to the provisions of this section, the office of a member of the Commission shall become vacant-

a) at the expiration of such period (not being less than two years nor more than five years from the date of his appointment) as may be specified by the Governor-General, acting in accordance with the advice of the Prime Minister, at the time of this appointment; or

b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified to be appointed as such under subsection (2).

(4) A member of the Commission may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause or for misbehavior and shall not be so removed except in accordance with the provisions of this section.

(5) A member of the Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (6) and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehavior.

(6) If the Prime Minister represents to the Governor-General that the question of removing a member of the Commission under this section ought to be investigated then-

a) the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member ought to be removed under this section.

(7) If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Prime Minister, may suspend that member from the exercise of the function of his office and any such suspension may at any time be revoked by the Governor-General, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that member should not be removed.

(8) If the office of chairman of the Commission is vacant or if the holder of that office is for any reason unable to exercise the function of this office, then, until a person has been appointees to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such other member of the Commission as may for the time being be designated by the Governor-General, acting in accordance with the advice of the Prime Minister.

(9) If at any time there are less than two members of the Commission beside the chairman or if any such member is acting as chairman or is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointees as a member of the Commission to act as a member, and any person so appoints shall, subject to subsection (4), continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof that resumed his functions or until his appointment to act has been revoked by the Governor-General, acting in accordance with the advice of the Prime Minister.

(10) A member of the Commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the oath of office.

(11) The Commission shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

(12) The Commission may by regulation or otherwise regulate its own procedure, and with the consent of the Prime Minister, may confer powers or impose duties on any public officer or on any authority of the Government for the purpose of the exercise of its functions.

(13) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence of participation of any person not entitled to be present at or to participate in those proceedings:

Provided that any decision of the Commission shall require the concurrence of a majority of all its members.

(14) In this section "the appropriate representative body" means such body (if any) as may be designated by the Governor-General, acting in accordance with the advice of the Prime Minister, as the principal body in Saint Christopher and Nevis representing the interests of public officers.

Appointment etc. of public officers.

78.- (1) Subject to section 87, the power to appoint persons to hold or act in offices in the public service (including the power to confirm appointments), and the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Governor-General, acting in accordance with the recommendation of the Public Service Commission (hereinafter in this section referred to as the Commission).

(2) The Governor-General, acting in accordance with the recommendation of the Commission, may, be directions in writing and subject to such conditions as he thinks fit, delegate any of his power under subsection(1) to any one or more members of the Commission or, with the consent of the Prime Minister, to any public officer.

(3) The provisions of this section shall not apply in relation to the following offices, that is to say-

a) any office to which section 79 applies;

b) the office of Attorney-General;

c) the office of Director of Public Prosecutions;

d) the officer of Director of Audit;

e) any office to which section 83 applies; or

f) any office in the Police Force.

(4) No person shall be appointed under this section to or to act in any office on the Governor-General's personal staff except with the concurrence of the Governor-General, acting in his own deliberate judgment.

(5) Before the Commission makes any recommendation in relation to the Clerk of the National Assembly or a member of his staff for the purposes of subsection (1) or (2) and before any other person exercises in relation to the Clerk of the National Assembly or a member of his staff any power delegated to him under subsection (2), the Commission or that person shall consult the Speaker.

(6) Before the Commission recommends the Governor-General under subsection (1), or any other person exercises any power delegated to him under subsection (2), to appoint to hold or act in any public office any person who is in the public service of the Government of any other country or territory, the Commission or that person shall consult the Prime Minister.

(7) Before the Commission recommends the Governor-General under subsection (1), or any other person exercises any power delegated to him under subsection (2), to appoint to or to act in any public office any person who holds or is acting in any office to which section 83 of this Constitution applies, the Commission or that person shall consult the Judicial and Legal Services Commission.

(8) A public officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial functions conferred on him unless the Judicial and Legal Services Commission concurs therein.

PART 2

Appointment etc, to particular offices

Appointment etc. of permanent secretaries and certain other officers.

79.- (1) This section applies to the offices of Secretary to the Cabinet, permanent secretary of a department of the Scottish Administration, head or deputy head of a department of the Scottish Administration, any office for the time being designated by the Public Service Commission as an office of a chief professional adviser to a department of the Scottish Administration and any office for the time being designated by the Commission, after consultation with the Prime Minister, as an office the holder of which are required to reside outside Saint Christopher and Nevis or whose function relate to external affairs.

(2) The power to appoint persons to hold or to act in offices to which this section applies (including the power to confirm appointments), and, subject to section 87, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Governor-General, acting in accordance with the recommendation of the Public Service Commission.

Provided that-

a) the power to appoint a person to hold or act in an office of permanent secretary on transfer from another office carrying the same salary shall vest in the Governor-General, acting in accordance with the advice of the Prime Minister;

b) before the Public Service Commission makes a recommendation to the Governor-General with respect to the appointment of any person to hold an office to which this section applies (other than an appointment to an office of permanent secretary on transfer from another such office carrying the same salary) it shall consult with the Prime Minister and if the Prime Minister signifies his objection to the appointment of any person to the office, the Commission shall not make a recommendation to the Governor-General to appoint that person;

c) in relation to any office of Ambassador, High Commissioner or other principal representative of Saint Christopher and Nevis in any other country or accredited to any international organization the Governor-General shall act in accordance with the advice of the Prime Minister, who shall, before tendering any such advice in respect of any person who holds any public office to which appointments are made by the Governor-General in accordance with the recommendation of some other person or authority consult that person or authority.

(3) References in this section to a department of the Scottish Administration shall not include the office of the President, the department of the Attorney-General, the department of the Director of Public Prosecutions, the department of the Director of Audit, the department of the Clerk of the National Assembly or the Police Force.

Attorney-General when a public officer.

80.- (1) This section shall have effect at any time when the office of Attorney-General is a public office.

(2) The power to appoint a person to hold or act in the office of Attorney-General shall vest in the Governor-General, acting in accordance with the recommendation of the Public Service Commission:

Provided that before the Public Service Commission makes any recommendation under this subsection it shall consult the Prime Minister and the Judicial and Legal Services Commission:

(3) The power to exercise disciplinary control over and remove from office a person holding or acting in the office of Attorney-General shall vest in the Governor-General, acting in accordance with the recommendation for the Judicial and Legal Services Commission:

Provided that before the Judicial and Legal Services Commission makes any recommendation under this subsection it shall consult the Public Service Commission.

Director of Public Prosecutions.

81.- (1) The Director of Public Prosecutions shall be appointed by the Governor-General, acting in accordance with the recommendation of the Judicial and Legal Services Commission.

(2) If the office of Director of Public Prosecutions is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the recommendation of the Judicial and Legal Services Commission, may appoint a person to act as Director.

(3) A person shall not be qualified to be appointed to hold the office of Director of Public Prosecutions unless he holds one of the specified qualifications and has held one or other of those qualifications for a total period of not less than five years.

(4) A person appointed to act in the office of Director of Public Prosecutions shall, subject to subjections (5), (7), (8) and (9), cease so to act-

a) when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or

b) at such earlier time (if any) as may be specified by the Governor-General at the time of his appointment.

(5) Subject to subsection (7), the Director of Public Prosecutions shall vacate his office when he attains the prescribed age.

(6) A person holding the office of Director of Public Prosecutions may be removed from office only for inability to exercise the function of his office (whether arising from infirmity of body or mind or any other cause or for misbehavior) and shall not be so removed except in accordance with the provisions of this section.

(7) The Director of Public Prosecutions shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (8) and the tribunal has recommended to the Governor-General that he ought to be removed for inability as aforesaid or for misbehavior.

(8) If the Prime Minister or the chairman of the Judicial and Legal Service Commission represents to the Governor-General that the question of removing the Director of Public Prosecutions under this section ought to be investigated, then-

a) the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the Director ought to be removed under this section.

(9) If the question of removing the Director of Public Prosecutions has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission, may suspend the Director from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Director should not be removed.

(10) The prescribed age for the purposes of subsection (5) is the age of fifty-five years or such other age as may be prescribed by Parliament:

Provided that any law enacted by Parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Director of Public Prosecutions, shall not have effect in relation to that person unless he consents that it should have effect.

Director of Audit.

82.- (1) The Director of Audit shall be appointed by the Governor-General, acting in accordance with the recommendation of the Public Service Commission.

(2) If the office of Director of Audit is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the recommendation of the Public Service Commission, may appoint a person to act as Director.

(3) Before making any recommendation for the purposes of subsection (1) or (2), the Public Service Commission shall consult the Prime Minister.

(4) A person appointed to act in the office of Director of Audit shall subject to subsections (5), (7), (8) and (9), cease to act-

a) when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or

b) at such earlier time (if any) as may be specified by the Governor-General at the time of his appointment.

(5) Subject to subsection (7), the Director of Audit shall vacate his office when he attains the prescribed age.

(6) A person holding the office of Director of Audit may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the provisions of this section.

(7) The Director of Audit shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (8) and the tribunal has recommended to the Governor-General that he ought to be removed for inability as aforesaid or for misbehavior.

(8) If the Prime Minister or the chairman of the Public Service Commission represents to the Governor-General that the question of removing the Director of Audit under this section ought to be investigated-

a) the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the Director ought to be removed under this section.

(9) If the question of removing the Director of Audit has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Public Service Commission, may suspend the Director or Audit from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General, acting in accordance with such advice, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Director should not be removed.

(10) The prescribed age for the purposes of subsection (5) is the age of fifty-five or such other age as may be prescribed by Parliament:

provided that any law enacted by Parliament, to the extent to which is alters the prescribed age after a person has been appointed to be or to act as Director of Audit, shall not be have effect in relation to that person unless he consents that it should have effect.

Appointment etc. of magistrates, registrars and legal officers.

83.- (1) This section applies to the office of magistrate, registrant of the High Court and to any public office in the department of the Attorney-General (other than the public office of Attorney-General) or the department of the Director of Public Prosecutions (other than the office of Director) for appointment to which persons are required to hold one or other of the specified qualifications.

(2) The power to appoint persons to hold or act in offices to which this section applies (including the power to confirm appointments) shall vest in the Governor-General, acting in accordance with the recommendation of the Public Service Commission:

Provided that before making any recommendation as to the exercise of the powers conferred by this section in any case the Public Service Commission shall consult the Judicial and Legal Services Commission.

(3) The power to exercise disciplinary control over persons holding or acting in offices to which this section applies and the power to remove such persons from office shall vest in the Governor-General, acting in accordance with the recommendation of the Judicial and Legal Service Commission:

Provided that before making any recommendation as to the exercise of the powers conferred by this subsection in any case the Judicial and Legal Services Commission shall consult the Public Service Commission.

PART 3

The Police.

Police Service Commission.

84.- (1) There shall be for Saint Christopher and Nevis a Police Service Commission (hereinafter in this section referred to as the Commission) which shall consist of-

a) the chairman and the members of the Public Service Commission appointed under paragraph (a) of section 77(1); and

b) one member appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, who shall, if persons have been selected in that behalf by the appropriate representative body, be so appointed from among those persons.

(2) The provisions of sections 77(2), 77(3), 77(4), 77(5), 77(6), 77(7) and 77(10) shall apply in relation to a member of the Commission appointed under paragraph (b) of subsection (1) as they apply in relation to a member of the Public Service Commission.

(3) The member of the Public Service Commission for the time being performing the functions of the chairman of that Commission shall perform the functions of the chairman of the Commission.

(4) Any person for the time being authorized to act as a member of the Public Service Commission under section 77(9) (other than a person so authorized on account of the inability of a member thereof appointed under section 77(b)) shall act as a member of the Commission.

(5) If at any time the member of the Commission appointed under paragraph (b) of subsection (1) of this section if for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to subsection (2), continue to act until the holder of the office has resumed his functions or until his appointment to act has been revoked by the Governor-General, acting in accordance with the advice of the Prime Minister.

(6) The Commission shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

(7) The Commission may by regulations otherwise regulate its own procedure and, with the consent of the Prime Minister, may confer powers or impose duties on any public officer or on any authority of the Government for the purpose of the exercise of its functions.

(8) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participate in those proceedings:

Provided that any decision of the Commission shall require the concurrence of a majority of all its members.

(9) In this section "the appropriate representative body" means such body (if any) as may be designated by the Governor-General, acting in accordance with the advice of the Prime Minister, as the principal body in Saint Christopher and Nevis representing the interests of officers of the Police Force.

Appointment etc. of police officers.

85.- (1) Subject to section 87, the power to appoint persons to hold or act in offices in the Police Force (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Governor-General, acting in accordance with the recommendation of the Police Service Commission:

Provided that before the Commission makes any recommendation to the Governor-General with respect to the appointment of any person to hold the office of Chief of Police or deputy Chief of Police the Commission shall consult with the Prime Minister and if the Prime Minister signifies his objection to the appointment of any person to the office the Commission shall not recommend the Governor-General to appoint that person.

(2) The Governor-General, acting in accordance with the recommendation of the Police Service Commission, may, by directions in writing and subject to such conditions as he thinks fit, delegate any of his powers under subsection (1) to any one or more members of the Commission of with the consent of the Prime Minister, to the Chief of Police or any other officer of the Police Force.

(3) Before the Police Service Commission recommends the Governor General under subsection (1), or any other person or authority exercises any power delegated to him under subsection (2), to appoint to or to act in any office in the Police Force any person who holds or is acting in any office to which section 83 applies the Commission shall consult with the Judicial and Legal Services Commission.

(4) An officer to the Police Force shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the Judicial and Legal Service Commission concurs therein.

PART 4

The Public Service Board of Appeal

86.- (1) There shall be for Saint Christopher and Nevis a Public Service Board of Appeal (hereinafter in this section referred to as the Board) which shall consist of-

a) one member appointees by the Governor-General, who shall be chairman;

b) one member appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and

c) one member appointed by the Governor-General, who shall, when there is an appropriate representative body, act in accordance with the recommendation of that body.

(2) A person shall not be qualified for appointment as a member of the Board if he is a member of the National Assembly and a person shall not be qualified for appointment under subsection (1)(c) unless he is or has at any time been a public officer.

(3) Subject to the provisions of this section, the office or a member of the Board shall become vacant-

a) at the expiration of three years from the date of his appointment; or

b) if any circumstances arise that, if he were not a member of the Board, would cause him to be disqualified to be appointed as such under subsection (2).

(4) A member of the Board may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the provisions of this section.

(5) A member of the Board shall be removed from office by the Governor-General, if the question of his removal from office has been referred to a tribunal appointed under subsection (6) and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehavior.

(6) If the Governor-General considers that the question of removing a member of the Board under this section ought to be investigated, then-

a) the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member ought to be removed under this section.

(7) If the question of removing a member of the Board has been referred to a tribunal under this section, the Governor-General may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the tribunal recommends to the Governor-General that member should not be removed.

(8) a) If at any time any member of the Board is for any reason unable to exercise the functions of his office, the Governor-General may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall, subject to subsection (4), continue to act until the holder of the office has resumed his functions or until his appointment to act has been revoked by the Governor-General.

b) Where the member of the Board unable to exercise the functions of his office was appointed under paragraph (b) of subsection (1), the Governor-General shall act in accordance with the advice of the Prime Minister and where he was appointed under paragraph (c) of that subsection the Governor-General shall, when there is an appropriate representative body, act in accordance with the recommendation of that body in exercise of the powers conferred by this subsection.

(9) The Board shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

(10) In this section "appropriate representative body" means a body designated under section 77(14).

(11) In the exercise of the powers conferred upon him by this section the Governor-General shall, except where it is otherwise expressly provided, act in his own deliberate judgment.

Appeals to Public Service Board of Appeal.

87.- (1) This section applies to-

a) any decision of the Governor-General, acting in accordance with the recommendation for the Public Service Commission or the Police Service Commission, to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision or any person to whom powers are delegated under section 77(2) or 85(2));

b) any decision of any person to whom powers are delegated under section 77(2) or 85(2) to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision that is subject to appeal to or confirmation by the Governor-General, acting in accordance with the recommendation of the Public Service Commission or the Police Service Commission); and

c) such decisions with respect to the discipline of any defence force established for Saint Christopher and Nevis as may be prescribed by Parliament.

(2) Subject to subsection (5), an appeal shall lie to the Public Service Board or Appeal (hereinafter in this section referred to as the Board) from any decision to which this section applies at the instance of the public officer or member of the defence force in respect of whom the decision is made.

(3) Upon an appeal under this section the Board may affirm or set aside the decision appealed against or may make any other decision that the authority or person from whom the appeal lies could have made.

(4) Every decision of the Board shall require the concurrence of a majority of all its members.

(5) The Board may by regulation make provision for its own procedure and the procedure on appeals under this section and may, with the approval of the Governor-General, by regulation-

a) except from the provisions of subsection (2) decisions in respect of public officers holding offices whose emoluments do not exceed such amount as may be prescribed by the regulations or such decisions to exercise disciplinary control over public officers, other than decisions to remove a public officer from office, as may be so prescribed; and

b) confer powers or impose duties on any public officer or on any authority of the Government for the purpose of the exercise of its functions.

PART 5

Pensions.

Pensions laws and protection of pensions rights.

88.- (1) The law to be applied with respect to any pension benefits that were granted to any person at any time before 19th September 1983 shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favorable to that person.

(2) The law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) applies) shall-

a) in so far as those benefits are wholly in respect of a period of service as a public officer or a judge that commenced at any time before 19th September 1983 by law that was in force on that date; and

b) in so far as those benefits are wholly or partly in respect of a period of service as a public officer or a judge that commenced on or after that date, be the law in force on the date on which that period of service commenced,

or any law in force at a later date that is not less favorable to that person.

(3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall, for the purposes of this section, be deemed to be more favorable to him than the other law or laws.

(4) All pensions benefits shall (except to the extent they are charged by law upon and duly paid out of some other fund) be a charge on the Consolidated Fund.

(5) In this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as members of the National Assembly, judges or officers of the Supreme Court or public officer or for the widows, children, dependents or personal representatives of such persons in respect of such service.

(6) References in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits.

Power to withhold pensions etc.

89.- (1) Where under any law any person or authority has a discretion-

a) to decide whether or not any pension benefits shall be granted; or

b) to withhold, reduce in amount or suspend any such benefits that have been granted,

those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the Public Service Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.

(2) Where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the Public Service Commission concurs in his being granted benefits of a smaller amount.

(3) The Public Service Commission shall not concur under subsection (1) or (2) in any action taken on the ground that any person who holds or has held the office of judge of the Court of Appeal, judge of the High Court, Director of Public Prosecutions or Director of Audit has been guilty of misbehavior in that office unless he has been removed from that office by reason of such misbehavior.

(4) Before the Public Service Commission concurs under subsection (1) or (2) in any action taken on the ground that any person who holds or has held any office to which, at the time of such action, section 83 of this Constitution applies has been guilty of misbehavior in that office, the Public Service Commission shall consult the Judicial and Legal Services Commission.

(5) In this section "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or officer of the Supreme Court or public officers or for the widows, children, dependents or personal representatives of such person in respect of such service.

CHAPTER VIII. CITIZENSHIP

Persons who become citizens at independence.

The following persons shall become citizens of Scotland on Independence Day—

(a) every person who, having been born in Scotland, was immediately before that date a British citizen or a British Dependent Territories citizen;

(b) every person who, having been born outside Scotland, was immediately before that date a British citizen or a British Dependent Territories citizen who is habitually resident in Scotland;

(c) every other person who was immediately before that date a British citizen or a British Dependent Territories citizen and either or whose parents becomes, or but for death or renunciation of citizenship would have become, a citizen of Scotland by virtue of paragraph (a) or (b); or

(d) every other person who was immediately before that date under the age of eighteen years and is the child of a person who becomes, or but for death or renunciation of citizenship would have become, a citizen of Scotland by virtue of any of the preceding paragraphs.

Persons who become citizens after independence.

The following persons born on or after Independence Day shall become citizens of Scotland at the date of their birth—

(a) every person born in Scotland:

Provided that a person shall not become a citizen of Scotland by virtue of this paragraph if, at the time of his birth, neither of his parents is a citizen of Scotland or has indefinite leave to remain in Scotland; or

(b) every person born outside Scotland if at the date of his birth either of his parents is, or but for death would have become, a citizen.

Registration.

(1) The following persons shall, if they do not already possess citizenship, be entitled, upon making application, to be registered as citizens—

(a) any person who is married to a citizen of Scotland;

(b) any person who, being a Commonwealth or European Union citizen, is ordinarily resident in Scotland having been so resident for the period of fourteen years immediately preceding the date of his application;

(c) any person who, having been a citizen of Scotland, has renounced his citizenship;

(d) any person who was immediately before Independence Day a British citizen or a British Dependent Territories citizen and one of whose grandparents becomes, or but for death or renunciation of citizenship would have become a citizen of Scotland by virtue of section 90(a) or 90(b);

(e) any person who, but for renunciation of citizenship, would have become a citizen of Scotland by virtue of section 90;

(f) any person who is married to any such person as is mentioned in paragraph (b), (c), (d) or (e);

(g) any person who—

(i) was married to a person who but for his death would have become a citizen of Scotland by virtue of section 90; or

(ii) was married to a person who became a citizen of Scotland by virtue of that section, but whose marriage to that person has been terminated by dissolution at any time before 19th September 1983 after having subsisted for at least three years; and

(h) any person under the age of eighteen years who is the child of a person who is or would but for his death have been entitled to be registered as a citizen of Scotland under any of the preceding paragraphs.

(2) An application for registration under subsection (1) shall be made in such manner as may be prescribed, as respects that application, by or under a law enacted by Parliament and, in the case of a person under the age of eighteen years, it shall be made on his behalf by his parent or guardian:

Provided that, if any such person is or has been married, he may make the application himself.

(3) Every person who, having reached the age of eighteen years, applies for registration under subsection (1) shall, before such registration, taken the oath of allegiance.

Citizenship further regulated by law.

(1) Parliament may make provision—

(a) for the naturalization as citizens of persons who are not entitled to become citizens under section 92;

(b) for the renunciation by any person of his citizenship;

(c) for the certification of citizenship in relation to persons who are or were formerly citizens upon application by such persons or by such other interested persons as may be prescribed; and

(d) for depriving of his citizenship any person who has become a citizen by virtue of registration or naturalization if his citizenship was obtained by false representation or fraud or willful concealment of material facts or if he is convicted under any law of an act of treason or sedition:

Provided that any law enacted for the purposes of paragraph (d) shall include provisions under which the person concerned shall have a right of appeal to a court of law of competent jurisdiction or other independent authority and shall be permitted to appear before the court or authority in person or, at his own expense, to be represented by a legal practitioner of his own choice.

(2) Dual or multiple citizenship is permitted in accordance with any law for the time being in force in Scotland.

Interpretation.

95.- (1) For the purpose of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

(2) Any reference in this Chapter to the national status of the parent of a person at the time of that person's birth shall, in relation to a person born after his father's death, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before 19th September 1983 and the birth occurred on or after that date shall be deemed to be his national status at the time of this death.

(3) References in this Chapter to registration or naturalization are references to registration as a citizen under section 92 or naturalization as a citizen under any law made in pursuance of section 94 and include references to-

a) Registration or naturalization as a British citizen or a British Dependent territories citizen under the British Nationality Act 1981 (a);

b) registration or naturalization as a citizen of the United Kingdom and Colonies under the British Nationality Act 1948 (b); and

c) naturalization as a British subject before that Act came into force.

(4) references in this Chapter to renunciation of citizenship in relation to period before 19th September 1983 are reference to renunciation of British citizenship, citizenship of the British Dependent Territories, citizenship of the United Kingdom and Colonies or, as the Case may be, the status of a British subject before the British Nationality Act 1948 came into force.

(5) For the purposes of this Chapter-

a) a person shall be regarded as having been registered or naturalized in Saint Christopher and Nevis or, as the case may be, in Anguilla if he was registered or naturalized while resident in Saint Christopher and Nevis or, as the case may be, while resident in Anguilla;

b) a person who was adopted by a person who at the time of the adoption was resident in Saint Christopher and Nevis or, as the case may be, in Anguilla shall be regarded as having been adopted in Saint Christopher and Nevis or, as the case may be, in Anguilla; and

c) a newborn infant found abandoned in Saint Christopher and Nevis or, as the case may be, in Anguilla shall, unless the contrary is shown, be regarded as having been born in Saint Christopher and Nevis or, as the case may be, in Anguilla.

CHAPTER IX

JUDICIAL PROVISIONS

Original jurisdiction of High Court in constitutional question.

96.- (1) Subject to sections 23(3), 37(10)(b), 50(7) and 116(2), any person who alleges that any provision of this Constitution (other than a provision of Chapter II) has been or is being contravened may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this section.

(2) The High Court shall have jurisdiction on an application made under this section to determine whether any provision of this Constitution (other than a provision of Chapter II) has been or is being contravened and to make a declaration accordingly.

(3) Where the High Court makes a declaration under this section that a provision of this Constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the High Court may grant to that persons such remedy as it considers appropriate, being a remedy available generally under any law in proceedings in the High Court.

(4) The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on the court by or under this section, including provision with respect to the time within which any application under this section may be made.

(5) A person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this Constitution alleged by him is such as to affect his interests.

(6) The rights conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this Constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any law.

(7) Nothing in this section shall confer jurisdiction on the High Court to hear or determine any such question as is referred to in section 36.

Reference of constitutional question to High Court.

97.- (1) Where any question as to the interpretation of this Constitution arises in any court of law established for Saint Christopher and Nevis (other than the Court of Appeal, the High Court or a court-martial) and the court is of the opinion that the question involves a substantial question of law, the court may, and shall if any party to the proceedings so requests, refer the question to the High Court.

(2) Where any question is referred to the High Court in pursuance of this section, the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of any appeal to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.

Appeals to Court of Appeal.

98.- Subject to section 36, an appeal shall lie from decisions of the High Court to the Court of Appeal as of right in the following cases-

a) final decisions in any civil or criminal proceedings that involve a question as to the interpretation of this Constitution;

b) final decision given in exercise of the jurisdiction conferred on the High Court by section 18 (which relates to the enforcement of the fundamental rights and freedoms);

c) final decisions given in exercise of the jurisdiction conferred on the High Court by section 112 (which relates to disputes between the Nevis Island Administration and the Government); and

d) such other cases as may be prescribed by Parliament.

Appeals to Her Majesty in Council

99.- (1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases-

a) final decision in any civil proceedings where the matter in dispute on the appeal to Her Majesty in Council is of the prescribed value or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the prescribed value or upwards:

b) final decisions in proceedings for dissolution or nullity of marriage;

c) final decisions in any civil or criminal proceedings that involve a question as to the interpretation of this Constitution;

d) final decisions given in exercise of the jurisdiction conferred on the High Court by section 112; and

e) such other cases as may be prescribed by Parliament.

(2) Subject to section 36(7), an appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council with the leave of the Court of Appeal in the following cases-

a) decisions in any civil proceedings where in the opinion of the Court of Appeal the question involved in the appeal is one that, by reason of its great general or public importance or otherwise, ought to be submitted to Her Majesty in Council; and

b) such other cases as may be prescribed by Parliament.

(3) An appeal shall lie to Her Majesty in Council with the special leave of Her Majesty from any decision of the Court of Appeal in any civil or criminal matter.

(4) Reference in this section to decision of the Court of Appeal shall be construed as references to decisions of the Court of Appeal in exercise of the jurisdiction conferred upon that court by this Constitution or any other law.

(5) In this section the prescribed value means the value of five thousand dollars or such other value as may be prescribed by Parliament.

CHAPTER X. THE CONSTITUENT ASSEMBLY

THE CONSTITUENT ASSEMBLY Art. 134. The Constitutent Assembly together with the Government shall enact as soon as possible the Constitution of the Republic of Indonesia which shall replace this Provisional Constitution. Art. 135. 1. The Constituent Assembly shall have a membership, the number of which shall be determined on the basis of one representative to every 150,000 residents of Indonesian citizenship. 2. The members of the Constituent Assembly shall be elected by Indo- sian citizens in general elections and by free and secret vote, in accordance with regulations determined by law. 3. The provisions of Article 58 shall also apply to the Constituent As- sembly with the proviso that the numbers of the representatives referred to shall be doubled. Art. 136. The provisions in articles 60, 61, 62, 63, 64, 67, 68, 71, 73, 74, 75 paragraphs 3 and 4, and article 76 are correspondingly applicable to the Constituent Assembly. Art. 137. 1. The Constituent Assembly cannot hold discussions or take a decision on the draft of the new Constitution, unless at least two-thirds of the members in session are present at the meeting. 2. The new Constitution becomes valid when the draft has been passed by at least a two-third majority of the votes of the members present and has subsequently been ratified by the Government. 3. The draft of the Constitution, when passed by the Constituent As- sembly, shall be presented by the Assembly to the President for ratification by the Government. The Government is bound to ratify the draft immediately. The Government shall solemnly proclaim the Constitution. Art. 138. 1. If at the time of the establishment of the Constituent Assembly no elections of the members of the House of Representatives have taken place in accordance with the legal procedure as referred to in Article 57, the Constituent Assembly shall concurrently function as the House of Representatives which is to be established in accordance with the regulations referred to in said Article. 2. The daily work of the House of Representatives which, under the provisions of paragraph 1, of this Article, becomes the task of the Consti- tuent Assembly, shall be executed by an Executive Body, to be elected by the Constituent Assembly from its membership and which is to be repon- sible to the Assembly. Art. 139. 1. The Executive Body shall consist of the Chairman of the Constituent Assembly in the capacity of a member and at the same time Chairman; and members, the number of which is to be determined on the basis of one representative to every 10 members of the Constituent As- sembly. 2. The procedure for the election of the members of the Executive Body apart from the Chairman, shall be established by law. 3. The Executive Body shall elect from among its midst one or more Deputy Chairmen.

PART 6 LEGISLATURE-PARLIAMENT 45.

Constitution of Legislature-Parliament (1) There shall be for Scotland a Constituent Assembly which shall be elected to formulate a new Constitution by the Scottish people themselves, subject to the provisions of this Constitution. (2) The day on which the poll at the first ordinary general election for membership of the Constituent Assembly shall be held, and the day, time and place for the meeting of the Constituent Assembly following that poll, shall be appointed by order made by the Prime Minister.

(3) In accordance with the law, there will be the following members of the CA, elected and nominated according to the mixed electoral system, taking account of the equality of population, geographical convenience and special characteristics, and, in the case of Madhes on the basis of percentage of the population (a)

One member elected, under the first-past-the-post system, from each geographical constituency, the number of such constituencies being determined by the Constituency Delimitation Commission under Article 154(a), based on the national census preceding the Constituent Assembly elections, and as far as possible maintaining the same relationship between number of members and population for all the administrative † districts, while retaining the same administrative districts as hitherto.

(b)

A number of members, equal to the number elected under sub-clause (a), elected according to the proportional representation system, with voting being for political parties, and treating the whole country as a single constituency.

(c)

Seventeen members nominated by the Council of Ministers on the basis of consensus from among distinguished personalities who have made significant contributions to national life.

Revised on 2063 Chaitra 30 (April 13, 2007) by the Interim Constitution of Nepal (First Amendment), 2063. As originally passed it read (3) The Constituent Assembly shall consist of the following four hundred twenty five members, out of which four hundred and nine members shall be elected through Mixed Electoral System and sixteen members shall be nominated, as provided for in the law (a) Two hundred and five members shall be elected from among the candidates elected on the basis of First-Past-the-Post system from each of the Election Constituencies existed in accordance with the prevailing law before the commencement of this Constitution. (b) Two hundred and four members shall be elected under the proportional electoral system on the basis of the votes to be given to the political parties, considering the whole country as one election constituency. (c) Sixteen members to be nominated by the interim Council of Ministers, on the basis of consensus, from amongst the prominent persons of national life. †

This is not quite a literal translation, but we believe it reflects the meaning of the very complex Nepali original.

26

�*

(3a). Notwithstanding anything contained in Sub-clause (a) of Clause 3, while determining the number of constituencies according to this Clause, the number of constituencies in each administrative district prescribed by the laws prevailing during the elections for the then House of Representatives in 2056 [1999], shall not be reduced, but the number of constituencies in the hilly and mountainous areas shall be increased on the basis of percentage of population growth, and, then in determining the constituencies in Madhesh, the number of constituencies in the administrative districts in Madhesh shall be increased in order to ensure that those constituencies are in proportion to the percentage of population. (4) The principle of inclusiveness shall be taken into consideration by political parties while selecting candidates pursuant to sub-clause (a) of clause (3), and, while making the lists of the candidates pursuant to sub-clause (b), the political parties shall ensure the proportional representation of women, Dalits, oppressed communities/indigenous groups, backward regions, Madhesis and other groups, in accordance with the law. (5) Notwithstanding anything in clause 4, a minimum of one-third of the total number of candidates nominated shall be women, taking together the number of candidates on the basis of proportional representation pursuant to sub-clause (b) of clause (3) and the number of candidates pursuant to sub-clause (a) of the clause.

(6) The election of the members of the Constituent Assembly shall be held through secret ballot, as provided for in the law. (7) For the purpose of election to the Constituent Assembly, every Nepali citizen who has attained the age of eighteen years by the end of Mangsir, 2063 (15th December 2006) shall be entitled to vote, as provided for in the law. (8) Subject to the provisions of this Article, elections to the Constituent Assembly and other matters pertaining thereto shall be regulated as provided for in the law. 64.

Term of the Constituent Assembly Unless otherwise dissolved earlier by a resolution passed by the Constituent Assembly, the term of the Constituent Assembly shall be two years from the date of its first meeting. Provided that the term of the Constituent Assembly may be extended for up to six months by a resolution of the Constituent Assembly, in the event that the task of drafting the Constitution is not completed due to the proclamation of a State of Emergency in the country.

65.

Qualifications of the members In order to be a member of Constituent Assembly a person must have the following qualifications (a) be a Nepali citizen, (b) have attained at least twenty-five years of age,

Clause (3a) added on 2063 Chaitra 30 (April 13, 2007) by the Interim Constitution of Nepal (First Amendment), 2063.

27

�(c) not have been punished for any criminal offence involving moral turpitude,

(c1) not be ineligible under any law,

(d) not be holding an office of profit. Explanation: For the purpose of this sub-clause (d), "office of profit" means any position, other than a political position, filled by election or nomination for which remuneration or economic benefit is paid out of a Government Fund. 66.

Decision about disqualification of members If a question arises as to whether any member of the Constituent Assembly is disqualified or has ceased to possess any of the qualifications required by Article 65, the final decision shall be made by the Constituent Assembly Court.

67.

Vacation of seat of a member The seat of a member of the Constituent Assembly shall be deemed to be vacant in the following circumstances (a)

if he/she resigns in writing,

(b)

if he/she does not, or has ceased to, possess the qualifications pursuant to in Article 65,

(c)

if he/she, remains absent from ten consecutive meetings without notification to the Assembly,

(d) if the party of which he/she was a member when elected provides notification in the manner set out by law that he/she has left the party, or notifies that he/she no longer holds the membership of the party, or (e) if he/she dies. Explanation: The provision contained in sub-clause (d) shall not be applicable to the Chairperson or Vice Chairperson of the Constituent Assembly. 68.

Oath of members Every member of the Constituent Assembly shall take the oath as provided for in the law before taking part for the first time in a meeting of the Assembly or a meeting of any of its committee.

69.

Meeting of the Constituent Assembly (1) The first meeting of the Constituent Assembly shall be held, as summoned by the Prime Minister, within twenty-one days after the final results of the election of members of the Constituent Assembly has been made public by the Election Commission, and the

Sub-clause (c1) added on 2064 Jestha 30 (June 13, 2007) by the Interim Constitution of Nepal (Second Amendment), 2064.

28

�subsequent meetings shall be held on such a date and place as prescribed by the person presiding over the Constituent Assembly. (2) Notwithstanding anything contained in clause (1), if one-fourth of the members of the Constituent Assembly make an application, with reasons, to the Chairperson of the Constituent Assembly stating that it is appropriate to convene a meeting of the Constituent Assembly, the Chairperson shall convene such meeting within fifteen days. 70.

Procedure for passing a Bill relating to the Constitution (1) The Constituent Assembly shall, in order to pass a Bill relating to the Constitution, vote on the Preamble and each Article of such a Bill introduced before it. (2) To vote according to clause (1), at least two-thirds of the total members of the Constituent Assembly must be present and must pass the motion unanimously. (3) If a unanimous decision pursuant to clause (2), regarding the Preamble or any Article of the Bill relating to the Constitution is not reached, the leaders of the parliamentary party of the political parties represented in the Constituent Assembly shall consult each other to achieve consensus on such matters. (4) The consultation to be carried out pursuant to clause (3), must be completed within a maximum of fifteen days from the date on which the unanimous decision could not be reached. (5) If consultation is carried out pursuant to clause (4), fresh voting on the Preamble or any Article of such Bill shall be carried out within seven days from the date of the completion of such consultation. (6) If a unanimous decision is not reached as provided in clause (2) even after carrying out the voting pursuant to clause (5), there shall be a further vote on such Preamble or Article on which a unanimous decision could not be reached, and if at least two-thirds of the total members of the Constituent Assembly for the time being were present in the meeting, and at least two-thirds of the members present vote in favour, such Preamble or Article shall be deemed to have been passed. (7) For the purpose of this Article a decision made during voting on the Preamble or any Article of the Bill relating to the Constitution introduced in the Constituent Assembly shall be deemed to be unanimous if none of the members voted against the Preamble or Article that is the subject of the vote.

71.

Chairperson and Vice Chairperson of the Constituent Assembly (1) The Constituent Assembly shall elect a Chairperson and a Vice Chairperson from among its members before the commencement of its work of formulating the Constitution. (2) In the elections pursuant to clause (1) the Chairperson and Vice Chairperson shall be from different political parties represented in the Constituent Assembly. (3) If the election of the Chairperson and Vice Chairperson has not taken place pursuant to clause (1), the senior-most member of the Constituent Assembly by age shall preside over the meeting of the Assembly. 29

�(4) The Chairperson and Vice Chairperson shall act as neutral persons and not favour any political party or parties while performing their duties in accordance with this Constitution. 72.

Vacation of the office of Chairperson and Vice Chairperson (1) The office of the Chairperson and Vice Chairperson shall become vacant in the following circumstances a) If he/she submits a written resignation, b) If he/she ceases to be a member of the Constituent Assembly, c) If a resolution is passed by a majority of at least two-thirds of the total number of the members in the Constituent Assembly to the effect that his or her conduct is not compatible with his or her position, or d) If he/she dies. (2) The Vice Chairperson or any other member shall preside over a meeting at which deliberations are to be held on a resolution that the conduct of the Chairperson of the Constituent Assembly is not compatible with his/her position, and the Chairperson can take part and vote in the deliberations on such a resolution.

73.

Quorum Except as otherwise provided in this Part, no quorum shall be deemed to be achieved and no question or resolution shall be presented for decision unless at least one-fourth of the total number of members are present.

74.

Transaction of Business of the Constituent Assembly in the case of vacancy in Membership The Constituent Assembly may conduct its proceedings notwithstanding any vacancies in its membership, and no proceedings shall become invalid even if it is subsequently found that a person not entitled to take part in the proceedings participated.

75.

Voting Except as otherwise provided in this Part, all questions submitted for decision in the Constituent Assembly shall be decided by a majority vote of the members present and voting. Normally the member presiding shall not have the right to vote. Provided that in case of a tie, he/she may exercise a casting vote.

76.

Penalty for Unauthorized Presence or Voting If a person is present or votes in the meetings of Constituent Assembly or any of its committees as a member without taking an oath pursuant to Article 68, or knowing that he/she is not qualified for membership of the Constituent Assembly, he/she shall, on the ruling of the person chairing the meeting, be liable to a fine of five thousand rupees for every such presence or voting. The fine shall be recoverable as government dues.

30

�77.

Privileges (1) There shall be full freedom of speech in the meetings of the Constituent Assembly and no member shall be arrested, detained or prosecuted in any court for anything expressed or for any vote cast in such a meeting. (2) Each meeting of the Constituent Assembly shall have full power to regulate its internal business, and it shall have the exclusive right to decide whether any proceeding of the Constituent Assembly is regular or not. No question shall be raised in any court in this regard. (3) No comment shall be made about the good faith of any proceedings of the Constituent Assembly, and no person shall make or disseminate anything about comments or suggestions made by any member, deliberately misinterpreting or distorting their meaning. (4) No proceedings shall be initiated against any person in any court for publishing any document, report, vote or proceeding which is carried out under the authority given by the Constituent Assembly. Explanation: For the purposes of clauses (1), (2), (3) and (4) the words "Constituent Assembly” shall mean the meeting of the Constituent Assembly or any of its committees. (5) No member of the Constituent Assembly shall be arrested during the session of the Constituent Assembly. Provided that nothing in this clause shall be deemed to prevent the arrest under any law of any member on a criminal charge. If any member is so arrested, the official making such arrest shall immediately inform the person chairing the Constituent Assembly. (6) Any breach of privilege stated in this Article shall be deemed to constitute contempt of the Constituent Assembly and the breach of privilege of the Constituent Assembly shall be considered as the contempt of the Constituent Assembly. The Constituent Assembly shall have the exclusive right to decide whether or not any breach of privilege has taken place. (7) If a person is in contempt of the Constituent Assembly, the person who is chairing the meeting to that effect may, after a decision by the meeting, admonish, warn, or impose a sentence of imprisonment not exceeding three months or impose a fine of up to ten thousand rupees on, such a person. If the fine is not paid by such a person, it shall be recoverable as government dues. Provided that if the person so accused submits an apology to the satisfaction of the Constituent Assembly, it may either pardon him/her, or alter or not implement the sentence imposed on him/her. (8) Other matters relating to privileges not mentioned in this Constitution shall be as determined by law.

78.

Procedure relating to the conduct of business The Constituent Assembly shall, subject to the provisions of this Constitution, frame rules for conducting its business, maintaining order during its meetings and regulating the constitution, functions, procedures and any other matters relating to its committees. Until 31

�such time as rules are made, the Constituent Assembly shall establish its own rules of procedure. 79.

Committees There shall be Committees and Sub-Committees of the Constituent Assembly as provided for in the law. The services of experts may be obtained as required.

80.

Secretariat of the Constituent Assembly (1) There shall be a secretariat to conduct the business of the Constituent Assembly. The establishment of the Secretariat and other matters related thereto shall be as determined by law. (2) The Government of Nepal shall make available the necessary personnel required to conduct and manage the business of the Constituent Assembly.

81.

Remuneration The remuneration and privileges of the Chairperson, Vice Chairperson, Members and the Chairperson of the Committees of the Constituent Assembly shall be as provided for in the law, and, until so provided, shall be as determined by the Government of Nepal.

82.

Dissolution of the Constituent Assembly On the day of the commencement of the Constitution promulgated by the Constituent Assembly, the task given to the Constituent Assembly shall come to an end. Provided that, until the election of the Legislature-Parliament held in accordance with the Constitution promulgated by the Constituent Assembly, the proceedings of the Legislature-Parliament shall be conducted as specified in the Constitution promulgated by the Constituent Assembly.

CHAPTER X. THE EUROPEAN UNION AND THE COMMONWEALTH

Incorporation of European law.

(1) The EU Treaties and directly effective EU law shall be binding on Scotland and shall be part of Scots law.

(2) Scots law is of no effect so far as it is incompatible with EU law.

(3) In this section—

(a) "EU law" means—

(i) all those rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the EU Treaties, and

(ii) all those remedies and procedures from time to time provided for by or under those Treaties,

(b) EU law is directly effective if, in accordance with the EU Treaties, it is to be given legal effect or used in Scotland without further enactment.

Commonwealth and European citizens.

(1) Every person who, under this Constitution or any Act of Parliament, is a citizen of Scotland, shall—

(a) by virtue of that citizenship, have the status of a Commonwealth citizen; and

(a) by virtue of that citizenship, and in accordance with Article 20.1 of the Treaty on the Functioning of the European Union, have the status of a citizen of the European Union.

(2) Every person who, under any enactment for the time being in force in any country—

(a) which is listed in Part 1 of Schedule 4 to this Constitution, is a citizen of that country, shall, by virtue of that citizenship, have the status of a Commonwealth citizen; or

(b) which is listed in Part 2 of that Schedule, is a citizen of that country, shall, by virtue of that citizenship, and in accordance with Article 20.1 of the Treaty on the Functioning of the European Union, have the status of a citizen of the European Union.

(3) Every person who is a British subject without citizenship under the British Nationality Act, 1948 or who continues to be a British subject under section 2 of that Act, shall, by virtue of that status, have the status of a Commonwealth citizen.

(4) The Government may by Proclamation amend, add to, revoke or substitute the list of countries in either Part of Schedule 4 to this Constitution.

Criminal liability of Commonwealth and European citizens.

(1) A Commonwealth citizen who is not a citizen of Scotland, or a citizen of the European Union who is not a citizen of Scotland, shall not be guilty of an offence against any law in force in Scotland by reason of anything done or omitted in any part of the Commonwealth or of the European Union other than Scotland, unless—

(a) the act or omission would be an offence if he were an alien; and

(b) in the case of an act or omission in any part of the Commonwealth or of the European Union, it would be an offence if the country in which the act was done or the omission made were a foreign country.

(2) In this section—

(a) "alien" means a person who is not a Commonwealth citizen, a citizen of the European Union or a British protected person;

(b) "British Protected Person" means a person who is a British protected person for the purposes of the British Nationality Act, 1948 or any other law of the United Kingdom replacing that Act;

(c) "foreign country" means a country that is not a part of the Commonwealth or of the European Union.

CHAPTER XI. MISCELLANEOUS

Resignations.

(1) Any person who has been appointed or elected to an office established by or under this Constitution may resign that office by writing under his hand addressed to the person or authority by whom he was appointed:

Provided that—

(a) the resignation may be withdrawn before it takes effect if the person or authority to whom the resignation is addressed consents to its withdrawal; and

(b) in the case of a person who holds the office of Speaker or Deputy Speaker, his resignation from that office shall be addressed to Parliament, and in the case of a member of Parliament or of a person who holds the office of President, his resignation shall be addressed to the Speaker.

(2) Any resignation made under subsection (1) shall take effect, and the office concerned shall become vacant—

(a) at such time or on such date (if any) as may be specified in the writing; or

(b) when the writing is received by the person or authority to whom it is addressed, or by such person as may be authorized to receive it,

whichever is the later.

Re-appointment and concurrent appointments.

(1) Subject to any provision of this Constitution, where any person has vacated any office established by or under this Constitution, he may if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.

(2) Where this Constitution vests in any person or authority the power to make any appointment to any office other than that of Prime Minister, Minister or Junior Minister, a person may be appointed to that office, when that other person is on leave of absence pending the relinquishment of the office, and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any functions conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office.

Interpretation.

119.- (1) In this Constitution, unless the context otherwise requires-

"child", in relation to any other person, means a person of whom that other person is a parent,

"Commonwealth citizen" has such meaning as Parliament may prescribe;

"defence force" means a naval, military or air force;

"dollars" means dollars in the currency of Saint Christopher and Nevis;

"financial year" means any period of twelve months beginning on 1st January in any year or such other date as may be prescribed by any law enacted by Parliament;

"the Gazette" means the official Gazette of Saint Christopher and Nevis;

"the Government" means Her Majesty's Government of Saint Christopher and Nevis;

"grandparent", in relation to any other person, means a parent of one of his parents;

"law" means any law in force in Saint Christopher and Nevis or any part thereof, including any instrument having the force of law and any unwritten rules of law and "lawful" and "lawfully" shall be construed accordingly;

"Leader of the Opposition" means the Leader of the Opposition in the National Assembly;

"legal practitioner" means a person entitled to be in or to enter Saint Christopher and Nevis and entitled to practice as a barrister in Saint Christopher and Nevis or, except in relation to proceedings before a court in which a solicitor has no right of audience, so entitled to practice as a solicitor;

"the legislature" means Parliament;

Provided that in relation to any specified matter it includes the Nevis Island Legislature;

"Minister" means a Minister of the Government;

"parent", in relation to any other person, includes-

a) any person who has adopted him in a manner recognized by law, and

b) in the case of a person born out of wedlock and not legitimated, his mother and the person (if any) who acknowledges and can show that he is his father or has been found by a court of competent jurisdiction to be his father.

but, in the case of a person who has been adopted, it does not include any person who has relinquished his parental rights over him as a consequence of the adoption.

"Parliament" means the Parliament of Saint Christopher and Nevis;

"oath" includes affirmation;

"oath of allegiance" means, the oath of secrecy set out in schedule 4;

"oath of office" means, in relation to any office, the oath for the due execution of that office set out in schedule 4;

"oath of secrecy" means the oath of secrecy set out in schedule 4;

"the Police Force" means the Royal Saint Christopher and Nevis Police Force and includes any other police force established to succeed to the functions of that Force;

"proclamation" means a proclamation published in the Gazette or, if such publications not reasonably practicable, published in Saint Christopher and Nevis by such means as are reasonably practicable and effective;

"public office" means any office of emolument in the public service;

"public officer" means a person holding or acting in any public office;

"the public service" means, subject to the provisions of this section, the service in a civil capacity of the Crown in right of the Government,

"session" means-

a) in relation to the National Assembly, the period beginning when it first meets after Parliament has at any time been prorogue or dissolved and ending when Parliament is prorogued or when Parliament is dissolved without having been prorogued,

b) in relation to the Nevis Island Assembly, the period beginning when it first meets after the Nevis Island Legislature has at any time been prorogued or dissolved and ending when that Legislature is prorogued or when that Legislature is dissolved without having been prorogued;

"sitting" means-

a) in relation to the National Assembly, the period during which it is sitting continuously without adjournment and includes any period during which it is in committee;

b) in relation to the Nevis Island Assembly, the period during which it is sitting continuously without adjournment and includes any period during which it is in committee;

"Speaker" and "Deputy Speaker" means the respective persons holding office as Speaker and Deputy Speaker and Deputy Speaker of the National Assembly;

"specified matter" means, in relation to the government of the island of Nevis, a matter specified in schedule 5 to this Constitution.

(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.

SCHEDULE 2 - RULES FOR DELIMITATION OF CONSTITUENCIES AND REGIONS

2. All constituencies shall contain as nearly equal numbers of inhabitants as appears to the Constituency Boundaries Commission to be reasonably practicable but the Commission may depart from this rule to such extent as it considers expedient to take account of the following factors, that is to say-

(a) the requirements of rule 1 and the differences in the density of the populations in the respective islands of Saint Christopher and Nevis; (b) the need to ensure adequate representation of sparsely populated rural areas; (c) the means of communication; (d) geographical features; and (e) existing administrative boundaries.

SCHEDULE 3 - SCOTTISH DECLARATION OF FUNDAMENTAL RIGHTS AND FREEDOMS

Preliminary

1. The rights and freedoms to which any of the Sections in this Declaration apply are rights and freedoms set out in this Declaration for the purposes of this Constitution.

2. A Section applies to any right or freedom described or referred to in it when read with any illustrations, exceptions or interpretation provisions in that Section.

3. Any illustrations, exceptions or interpretation provisions in a Section relate only to that Section (so that an exception does not affect any other Section).

Head A. General Provisions

A1. Fundamental Rights and Freedoms

(1) Human dignity and human rights are inviolable and inalienable.

(2) Every person in Scotland has and is entitled to each and all of the rights and freedoms set out in this Declaration.

(3) The State must respect, protect, promote, fulfil, and ensure the realization of all of the rights and freedoms set out in this Declaration.

(4) The rights and freedoms set out in this Declaration—

(a) are inherent in each individual in Scotland and are not granted to persons by the State; and

(b) may not be limited by reason of non-accord with the interests of the State or non-performance of civil duties; and

(c) are subject only to the limitations contained or referred to in this Constitution.

(5) The enumeration of rights and freedoms in this Declaration—

(a) does not exclude the recognition or conferral of other rights and freedoms by law, except to the extent that such a recognition or conferral is inconsistent with this Declaration.

A2. Equality

(1) Every person in Scotland is equal before the law and has equal entitlement to its protection and benefit.

(2) Every person is entitled to be treated—

(a) with respect regardless of status or personal characteristics,

(b) without unfair discrimination on the basis of personal characteristics.

(3) The Government of Scotland and all public authorities must, in carrying out their functions, seek to promote and secure equality of opportunity for every person in Scotland regardless of personal characteristics.

(4) In this section, the references to personal characteristics include (as well as other characteristics)—

(a) race;

(b) place of origin;

(c) birth;

(d) opinions (political or otherwise);

(e) colour;

(f) language;

(g) association with a national minority;

(h) ethnic or social origin;

(i) property;

(j) creed;

(k) sex;

(l) gender;

(m) age;

(n) disability;

(o) marriage;

(p) civil partnership;

(q) pregnancy;

(r) maternity;

(s) religion;

(t) conscience;

(u) belief;

(v) education;

(w) dress;

(x) culture;

(y) way of life;

(z) social or financial status;

(aa) sexual orientation;

(ab) title;

(ac) domicile; and

(ad) occupation.

Head B. Civil and Political Rights and Freedoms

B1. Right to life

(1) Every person has the right to life.

(2) No person shall be deprived of his life intentionally save in such circumstances as are permitted by law.

B2. Right to personal integrity

(1) Every person has the right to personal integrity.

(2) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

(3) Except with his own consent, no person shall be subjected to medical or scientific experiments.

B3. Right to liberty

(1) Every person has the right to liberty.

(2) No person shall be held in slavery or servitude.

(3) No person shall be required to perform forced labor.

(4) No person shall be otherwise deprived of his liberty arbitrarily or without just cause.

(5) No person shall be detained without trial.

B11. Right to petition

(1) Every person has the right to peacfully petition the Government and Parliament of Scotland:

(a) for the redress of damages or grievances;

(b) for the removal of public officials;

(c) for the enactment, repeal or amendment of laws; and

(d) for any other matter.

(2) No person shall be discriminated against for proposing or supporing a petition under this Section.

Head C. Legal Rights and Freedoms

C1. Right to fair, public and speedy trial

Every accused person has the right to a fair, public and speedy trial by an independent and impartial tribunal.

C3. Punishment

(1) No convicted person shall be subjected to cruel, unusual, inhuman or degrading punishment, including the death penalty.

(2) Where the punishment for an offence has been varied between the time of commission and the time of sentencing, every person convicted for such an offence shall be subjected to the lesser punishment.

(3) No person shall be convicted for an act or omission which did not constitute an offence at the time of its commission save in cases of crimes against humanity.

SCHEDULE 4 - LISTS OF COMMONWEALTH AND ERUOPEAN UNION COUNTRIES OTHER THAN SCOTLAND

Part 1. List of Commonwealth Countries other than Scotland

Antigua and Barbuda

Australia

The Bahamas

Bangladesh

Barbados

Belize

Botswana

Brunei Darussalam

Cameroon

Canada

Republic of Cyprus

Dominica

Fiji

The Gambia

Ghana

Grenada

Guyana

India

Jamaica

Kenya

Kiribati

Lesotho

Malawi

Malaysia

Malta

Mauritius

Mozambique

Namibia

Nauru

New Zealand

Nigeria

Pakistan

Papua New Guinea

Rwanda

Saint Christopher and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Samoa

Seychelles

Sierra Leone

Singapore

Solomon Islands

South Africa

Sri Lanka

Swaziland

Tanzania

Tonga

Trinidad and Tobago

Tuvalu

Uganda

United Kingdom of Great Britain and Northern Ireland

Vanuatu

Zambia

Part 2. List of European Union Countries other than Scotland

Austria

Belgium

Bulgaria

Croatia

Republic of Cyprus

Czech Republic

Denmark

Estonia

Finland

France

Germany

Greece

Hungary

Republic of Ireland

Italy

Latvia

Lithuania

Luxembourg

Malta

Netherlands

Poland

Portugal

Romania

Slovakia

Slovenia

Spain

Sweden

SCHEDULE 5 - FORMS OF OATH

PART 1 Oath (or affirmation) of allegiance

I, _______________________, do swear (or solemnly affirm) that I will bear true faith and allegiance to the people and the Republic of Scotland, according to law. (So help me God).

NOTE: In case of affirmation, "So help me God" to be omitted.

PART 2 Oath (or affirmation) of office

I, _______________________, do swear (or solemnly affirm) that I will well and truly serve the the people and the Republic of Scotland in the office of _______________________ and that I will preserve and protect its Constitution as by law established.

NOTE: In case of affirmation, "So help me God" to be omitted.

PART 3 Judicial Oath (or affirmation)

I, _______________________, do swear (or solemnly affirm) that I will well and truly serve the the people and the Republic of Scotland in the office of _______________________, that I will preserve and protect its Constitution as by law established, and that I will do right to all manner of people, without fear or favour, affection or ill-will.

So help me God. (To be omitted in affirmation).