The Montserrat Constitution Order 2010

Governor’s special responsibilities

39.—(1) The Governor, acting in his or her discretion, shall be responsible for the conduct, subject to this Constitution, of any business of the Government with respect to the following matters—

(a) defence;

(b) external affairs;

(c) the regulation of international financial services;

(d) internal security, including the police service;

(e) the functions conferred on the Governor by this Constitution or any other law in relation to the public service;

and the Governor shall keep the Premier fully informed concerning the general conduct of these matters, and the Premier may request information in respect of any particular matter.

(2) The Governor, acting after consultation with the Premier, may assign to a member of the Cabinet responsibility for the conduct on behalf of the Governor of any business in the Legislative Assembly with respect to any of the matters mentioned in subsection (1); but in the absence of such assignment the Deputy Governor shall conduct any such business on behalf of the Governor in the Assembly.

(3) The Governor, acting in his or her discretion, may by directions in writing delegate, with the prior approval of a Secretary of State, to the Premier or any other Minister designated by the Premier, such responsibility for any matter mentioned in subsection (1)(a), (b), (c) and (d) as the Governor may think fit on such conditions as he or she may impose.

(4) Notwithstanding subsection (3), and without prejudice to any authority previously granted by or on behalf of a Secretary of State, the Governor shall by directions in writing delegate to a Minister responsibility for the conduct within Caribbean regional organisations of external affairs affecting Montserrat, and other Caribbean regional affairs of interest to or affecting Montserrat, on the terms and conditions set out in those directions.

(5) In the event of any disagreement regarding the exercise of any delegated responsibility under subsection (4) or regarding the terms and conditions referred to in that subsection, the matter shall be referred to a Secretary of State whose decision on the matter shall be final and whose directions shall be complied with.

(6) Where the Governor, acting in his or her discretion, determines that the exercise of any function conferred on any other person or authority (other than the Legislative Assembly) would involve or affect any matter mentioned in subsection (1), the Governor may, acting in his or her discretion, give directions as to the exercise of that function, and the person or authority concerned shall exercise the function in accordance with those directions.

(7) Before exercising any function with respect to any matter mentioned in subsection (1)(a), (b), (c) and (d), the Governor shall consult the Cabinet but may act against any advice given to him or her by the Cabinet; but the Governor shall not be obliged to consult the Cabinet in any case in which, in his or her judgement—

(a) it is in the public interest that he or she should act without consulting the Cabinet;

(b) the matters to be decided are too trivial to require the advice of the Cabinet; or

(c) the matters to be decided are too urgent to admit the Governor obtaining the advice of the Cabinet by the time within which it may be necessary for him or her to act.

(8) The question of whether a matter falls within the scope of subsection (1) shall be determined by the Governor acting in his or her discretion.