5.—(1) There shall be an Executive Council for St. Helena which shall consist of–
(a)threeEx-officio Members, that is to say, the persons for the time being discharging the functions of–
(i)the Chief Secretary of St. Helena;
(ii)the Financial Secretary of St. Helena; and
(iii)the Attorney General of St. Helena;
(b)not less than three nor more than five persons who, not being Ex-officio Members of the Legislative Council, are for the time being Chairmen of Council Committees constituted under section 22 of this Constitution (hereinafter in this Part called “the Unofficial Members”); and
(c)such Temporary Members as may be appointed under subsection (2) of this section.
(2) (a) If a member of the Executive Council is incapable of taking part in the proceedings of the Council by reason of a declaration made under paragraph (b) of this subsection the Governor may, by Instrument under the public seal, appoint a person to be a Temporary Member of the Council.
(b)The Governor may, by writing under his hand, declare that a member of the Executive Council is, by reason of absence or illness, temporarily unable to discharge his functions as a member of the Council, and thereupon that member shall not take part in the proceedings of the Council until he is declared in manner aforesaid to be again able to discharge those functions.
(c)The Governor, in making an appointment under this subsection, shall appoint–
(i)in place of anEx-officio Member, a person who holds a public office; and
(ii)in place of an Unofficial Member, a person who is a member of the Legislative Council.
(d)The Governor shall forthwith report to Her Majesty through a Secretary of State every appointment made under this subsection.
(e)The powers conferred upon the Governor by this subsection shall be exercised by him in his discretion.