The Montserrat Constitution Order 1989

Determnation of questions as to membership.

31.  (1)  Any question whether—

(a)any person has been validly elected as a member of the Legislative Council; or

(b)any elected member of the Legislative Council has vacated his seat therein or is required by virtue of section 29(4) of this Constitution to cease to perform his functions as a member,

shall be referred to and determined by the High Court in accordance with any law in force in Montserrat in that behalf and, subject to any such law, in accordance with any directions given in that behalf by the Chief Justice.

(2) Any question whether—

(a)any person has been validly appointed as a nominated member of the Legislative Council; or

(b)any nominated member of the Council has vacated his seat therein or is required by virtue of section 29(4) of this Constitution to cease to perform his functions as a member,

shall be referred to the Governor in accordance with any directions given in that behalf by the Governor, acting in his discretion, and shall be determined by him acting as aforesaid.