The Virgin Islands Constitution Order 2007

Tenure of office of Ministers

53.—(1) If a motion on the Order Paper that the House of Assembly should declare a lack of confidence in the Government of the Virgin Islands receives in the House the affirmative votes of a majority of all the elected members of the House, the Governor shall, by instrument under the public seal, revoke the appointment of the Premier; but before so revoking the Premier’s appointment the Governor shall consult with the Premier and, if the Premier so requests, the Governor, acting in his or her discretion, may dissolve the House of Assembly instead of revoking the appointment.

(2) The Premier shall vacate his or her office if, after the polling in a general election and before the House of Assembly first meets thereafter, the Governor, acting in accordance with section 52(1), informs the Premier that he or she is about to appoint another person as the Premier.

(3) Any Minister shall vacate his or her office if—

(a) he or she ceases to be a member of the House of Assembly for any reason other than a dissolution;

(b) he or she is not an elected member of the House of Assembly when it first meets after a general election;

(c) he or she is required under section 67(4) to cease to perform his or her functions as a member of the House of Assembly; or

(d) he or she resigns it by writing under his or her hand addressed to the Premier or, in the case of the Premier, he or she resigns it by writing under his or her hand addressed to the Governor.

(4) A Minister other than the Premier shall also vacate his or her office if—

(a) the Premier vacates his or her office; or

(b) his or her appointment is revoked by the Governor, acting in accordance with the advice of the Premier, by instrument under the public seal.