The Montserrat Constitution Order 1989

Acting Governor.

2.—(1) During any period when the office of Governor is vacant or the Governor is absent from Montserrat or is for any other reason unable to perform the functions of his office those functions shall, during Her Majesty’s pleasure, be assumed and performed by—

(a)such person as Her Majesty may designate in that behalf by instructions given under Her Sign Manual and Signet or through a Secretary of State; or

(b)if there is noperson in Montserrat so designated and able to perform those functions, the person who, if he were not directed by this section to perform the functions of the office of Governor, would for the time being be performing the functions of the office of Attorney-General.

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

(3) Any such person as aforesaid shall not continue to perform the functions of the office of Governor after the Governor 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 the Governor shall not be regarded as absent from Montserrat or as unable to perform the functions of his office—

(a)by reason that he is in passage from one part of Montserrat to another, or

(b)at any time when there is a subsisting appointment of a deputy under section 3 of this Constitution.