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SCHEDULE 1 TO THE ORDERTHE CONSTITUTION OF ST. HELENA

THE CONSTITUTION OF ST. HELENA

PART Ithe governor

Office of Governor constituted.

1.—(1) There shall be a Governor and Commander-in-Chief of St. Helena and its Dependencies.

(2) Appointments to the office of Governor shall be made by Commission under Her Majesty’s Sign Manual and Signet and a person appointed to the office shall hold the office during Her Majesty’s pleasure.

(3) A person appointed to the office of Governor shall, before entering upon the duties of that office, make oaths of allegiance and for the due execution of the office of Governor in the forms set out in the Schedule to this Constitution.

(4) The Governor shall have such functions as are conferred upon him by or under this Constitution or any other law and such other functions as Her Majesty may from time to time be pleased to assign to him and, subject to the provisions of this Constitution and of any other law by which such functions are conferred, shall perform all such functions (including functions which are expressed by this Constitution to be exercisable in his discretion or in his judgment) according to such instructions as Her Majesty may from time to time see fit to give him:

Provided that the question whether or not the Governor has in any matter complied with such instructions shall not be enquired into in any court.

Succession to Government.

2.—(1) Whenever the office of Governor is vacant or the person holding the office of Governor is absent from St. Helena or is from any other cause prevented from or incapable of discharging the functions of his office those functions shall, during Her Majesty’s pleasure, be assumed and performed by such person as Her Majesty may designate by Instructions given under Her Sign Manual and Signet or through a Secretary of State.

(2) Before assuming the functions of the office of Governor, any such person as aforesaid shall make the oaths directed by section 1(3) of this Constitution to be made by a person appointed to the office of Governor.

(3) Any such person as aforesaid shall not continue to perform the functions of the office of Governor after the person holding that office or some other person having a prior right to perform those functions has notified him that he is about to assume, or resume, those functions.

(4) For the purposes of this section a person holding the office of Governor shall not be regarded as absent from St. Helena, or as prevented from or incapable of discharging the functions of the office of Governor, at any time when there is a subsisting appointment of a Deputy under section 3 of this Constitution.

Deputy to Governor.

3.—(1) Whenever the Governor–

(a)has occasion to be absent from the seat of government for a period that he has reason to believe will be of short duration;

(b)has occasion to visit any Dependency of St. Helena; or

(c)is suffering from an illness that he has reason to believe will be of short duration,

he may, by Instrument under the public seal, appoint any person in St. Helena to be his Deputy during such absence or illness and in that capacity to discharge on his behalf during such absence or illness such of the functions of the office of Governor as may be specified in that Instrument.

(2) The power and authority of the Governor shall not be abridged, altered or in any way affected by the appointment of a Deputy under this section otherwise than as Her Majesty may at any time think proper to direct by instructions to the Governor through a Secretary of State, and every such Deputy shall conform to and observe all instructions that the Governor may from time to time address to him for his guidance.

(3) A person appointed as Deputy under this section shall hold that appointment for such period as may be specified in the Instrument by which he is appointed, and his appointment may be revoked at any time by Her Majesty by instructions given to the Governor through a Secretary of State or by the Governor.

(4) In this section, “the Governor” does not include a Deputy appointed under this section.

(5) The powers conferred upon the Governor by this section shall be exercised by him in his discretion.