The Montserrat Constitution Order 1989

Temporary members.

33.—(1) Whenever—

(a) one of the ex officio members is absent from Montserrat or is performing the functions of the office of Governor;

(b) a nominated member is absent from Montserrat or is incapable of performing his functions as a member by virtue of section 29(4) or by reason of a declaration made under section 34 of this Constitution,

a person may be appointed by the Governor, by instrument under the public seal, to be a temporary member of the Legislative Council.

(2) Where an appointment is made under this section in circumstances mentioned in subsection (1)(a)—

(a) the person appointed shall be a person holding a public office;

(b) subject to the provisions of this section, he shall hold his appointment during Her Majesty’s pleasure; and

(c) so long as his appointment shall subsist the provision of this Constitution shall, subject as aforesaid, apply to him as if he were an ex officio member of the Council.

(3) Where an appointment is made under this section in circumstances mentioned in subsection (1)(b)—

(a) the person shall be a person qualified for appointment as a nominated member; and

(b) so long as his appointment shall subsist the provisions of this Constitution (including the provisions of section 29) shall, subject to the provisions of this section, apply to him as if he were a nominated member of the Council.

(4) The Governor shall forthwith report to Her Majesty through a Secretary of State every appointment made under this section.

(5) An appointment made under this section may be revoked by the Governor by instrument under the public seal and shall in any case cease to have effect if the person appointed is notified by the Governor that the circumstances giving rise to the appointment have ceased to exist.

(6) In the exercise of the powers conferred upon him by this section the Governor shall act in his discretion:

Provided that the Governor shall consult the Chief Minister with respect to the making of any appointment in circumstances mentioned in subsection (1)(b) and the revocation of any appointment so made.