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The Montserrat Constitution Order 2010
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Leader of the Opposition
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61.—(1) There shall be a Leader of the Opposition who shall be appointed by the Governor by instrument under the public seal.
(2) The Governor shall appoint as Leader of the Opposition the member of the Legislative Assembly who in the judgement of the Governor is best able to command the support of the members of the Assembly in opposition to the Government.
(3) If at any time between the polling in a general election and the next following dissolution of the Legislative Assembly the Governor is satisfied that, if the office of the Leader of the Opposition were then vacant, he or she would in accordance with subsection (2) appoint to that office a person other than the person then holding it, the Governor shall revoke the appointment of the Leader of the Opposition.
(4) The office of the Leader of the Opposition shall also become vacant—
(a)if for any reason other than a dissolution of the Legislative Assembly the holder of that office ceases to be a member of the Assembly; or
(b)if the holder of that office is appointed as a Minister.
(5) In the exercise of the functions conferred on him or her by this section the Governor shall act in his or her discretion.
(6) If at any time the Governor is unable to appoint a person as Leader of the Opposition in accordance with this section, then, during any period while there is no Leader of the Opposition—
(a)the Governor may exercise in his or her discretion any function which this Constitution requires the Governor to exercise in accordance with the advice of, or after consultation with, the Leader of the Opposition; and
(b)the National Advisory Council shall be deemed to be validly constituted notwithstanding the absence of a Leader of the Opposition.
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