The Montserrat Constitution Order 2010
1Citation and commencement
THE CONSTITUTION OF MONTSERRAT
Whereas the people of Montserrat are entitled to preserve for...
Believing in the concept of true democracy with free and...
Acknowledging that their society is founded on social justice, moral...
Recalling their desire for a Constitution which reflects these values...
Recognising their inherent right to pursue their hopes, visions, aspirations...
Now, therefore, the following provisions have effect as the Constitution...
PART I
2Fundamental rights and freedoms of the individual
3Protection of right to life
4Protection from inhuman treatment
5Protection from slavery and forced labour
6Protection from arbitrary arrest or detention
7Provisions to secure protection of law
8Protection of right of prisoners to humane treatment
9Protection of private and family life and privacy of home and other property
10Protection of right to marry
11Protection of freedom of conscience and of religion
12Protection of right to education
13Protection of freedom of expression
14Protection of freedom of assembly and association
15Protection of freedom of movement
16Protection from discrimination
17Protection from deprivation of property
18Provisions for periods of public emergency
19Protection of persons detained under emergency laws
20Enforcement of fundamental rights
21Interpretation of Part I
PART II
22The Governor
23Deputy Governor
24Functions of Deputy Governor
25Acting Governor
26Exercise of Governor’s functions
27Power to dispose of land
28Power to constitute offices
29Power of pardon
30Public seal
PART III
31Executive authority
32Cabinet
33Appointment of Ministers
34Tenure of office of Ministers
35Absence of Ministers from Montserrat
36Acting Premier
37Temporary Ministers
38Assignment of responsibilities to Ministers
39Governor’s special responsibilities
40Oaths or affirmations
41Summoning of Cabinet
42Proceedings in Cabinet
43Summoning of persons to Cabinet
44Parliamentary Secretaries
45National Advisory Council
46Director of Public Prosecutions
PART IV
47Constitution of Legislature
48The Legislative Assembly
49Elected members
50Attendance by Deputy Governor and other public officers at meetings of Legislative Assembly
51Qualifications for elected membership
52Disqualifications for elected membership
53Tenure of office of elected members
54Validity of proceedings
55Determination of questions as to membership
56Filling of vacancies
57Temporary members
58Sessions and meetings of Legislative Assembly
59Speaker and Deputy Speaker
60Presiding in Legislative Assembly
61Leader of the Opposition
62Governor’s right to address Legislative Assembly
63Standing Committees
64Oaths or affirmations of members
65Quorum
66Voting
67Prorogation and dissolution
68Recalling dissolved Legislative Assembly in case of emergency
69General elections
70Introduction of Bills, motions and petitions
71Power to make laws
72Standing Orders
73Penalty for unauthorised persons sitting or voting
74Assent to Bills
75Words of enactment
76Disallowance of laws
77Privileges, immunities and powers of Legislative Assembly
PART V
78Establishment and functions of Electoral Commission
79Review and alteration of electoral districts
PART VI
80Eastern Caribbean Supreme Court
81Subordinate courts and tribunals
PART VII
82Public Service Commission
83Functions and operation of Public Service Commission
84Appointment, discipline and removal of public officers
85Particular offices
86Applicability of pensions law
87Pensions, gratuities and allowances charged on Consolidated Fund
88Grant and withholding of pensions, gratuities and allowances
PART VIII
89Taxation
90Consolidated Fund
91Withdrawal from Consolidated Fund or other public funds
92Financial year estimates
93Appropriation Bill
94Excess expenditure
95Contingencies
96Remuneration of Speaker and elected members of Legislative Assembly
97Remuneration of certain officers
98Power of Government to borrow or lend
99Public Debt
100Financial control and accounts
101Auditor-General
102Position and remuneration of Auditor-General
103Functions of Auditor-General
104National Audit Office
PART IX
105Complaints Commission
106Standards in public life
PART X
107Interpretation
108References to public office
109Appointments
110Re-election or reappointment
111Removal from office
112Resignations
113Power to amend or revoke instruments
114Amendment
115Meaning of appointed day
116Revocations and amendment
117Existing laws
118Existing offices and officers
119Legislative Assembly
120Transitional provision concerning Director of Public Prosecutions
121Power reserved to Her Majesty
SCHEDULEFORMS OF OATHS AND AFFIRMATIONS
2010 No. 2474
Caribbean And North Atlantic Territories

The Montserrat Constitution Order 2010

Made
Laid before Parliament
Coming into force in accordance with section 1(2)

At the Court at Buckingham Palace, the 13th day of October 2010

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 5 and 7 of the West Indies Act 19621 and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows: