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STATUTORY INSTRUMENTS

1966 No. 1455

CARIBBEAN AND NORTH ATLANTIC

TERRITORIES

The Barbados Independence Order 1966

Made 22nd November 1966

Laid before Parliament 22nd November 1966

Coming into Operation 30th November 1966

At the Court at Buckingham Palace, the 22nd day of November 1966

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers vested in Her by section 5 of the Barbados Independence Act 1966 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation commencement and construction

1. 1. This Order may be cited as the Barbados Independence Order 1966.

2. This order shall come into operation on 30th November 1966 (in this Order referred to as "the appointed day"):

Provided that the Governor may at any time after 22nd November 1966 exercise any of the powers conferred upon the Governor General by sections 4(3) and 10(1) of this Order and sections 60(1), 89(2), 90(1) and 91(1) of the Constitution set out in the Schedule to this Order (in this Order referred to as "the Constitution") to such extent as any, in his opinion, be necessity or expedient to enable the Constitution to function as from the appointed day.

3. For the purposes of the exercise by the Governor under the proviso to subsection (2) of the powers conferred by the said sections 89(2), 90(1) and 91(1), the references therein to the Prime Minister and the Leader of the Opposition shall be construed as if they were references respectively to the Premier and to the Leader of the Opposition as defined for the purposes of Schedule 2 to the Barbados (Letters Patent Consolidation) Order 1964(b); and the other powers referred to in that proviso shall be exercised by the Governor acting in accordance with the advice of the Premier.

4. Save where the context otherwise requires, expressions used in sections 1 to 12 of this Order have the same meaning as in the Constitution and the provisions of section 117 of the Constitution shall apply for the purposes of interpreting those sections as they apply for the purposes of interpreting those sections as they apply for the purposes of interpreting the Constitution.

Revocations and Amendments

2. 1. The Barbados (Letters Patent Consolidation) Order 1964 (in this Order referred to as "the existing Order") is revoked; but the revocation of the existing Order shall not affect the operation on and after the appointed day of any law made or having effect as if made in pursuance of the existing Order and having effect as part of the law of Barbados immediately before the appointed day (including any law made before the appointed day and coming into operation on or after that day).

2. The British Caribbean Court of Appeal Order in Council 1962(a) (as amended by the British Caribbean Court of Appeal (Amendment) (No. 2) Order in Council 1962(b)) is amended by the deletion of the words "and the Chief Judge and other judges of the Island of Barbados" in paragraph (b) of article 3(1) (which specifies the judges of which the Court consists):

Provided that, if provision is made by an order paragraph (b) of section 10(1) or by any other law for the continuance on or after the appointed day before the British Caribbean Court of Appeal of any such pending appeals as are mentioned in that paragraph, the, for the purposes of such appeals, Barbados shall continue to be a Territory for the purposes of the first mentioned Order and the Chief Justice and other Judges of the Supreme Court of Barbados shall be members of the Court ex officio.

3. The West Indies (Dissolution and Interim Commissioner) Order in Council 1962(c) is amended by the deletion of sub-paragraph(b) (which specifies Barbados) of the definition of "the territories" in article 2(1); but nothing in this subsection shall affect the operation on and after the appointed day of any law having effect as part of the law of Barbados immediately before that day by virtue of the provisions of article 15 or 16 of that Order.

Establishment of Constitution

3. Subject to the provisions of this Order, the Constitution shall come into effect on the appointed day.

Existing laws

4. 1. Subject to the provisions of this section, the existing laws shall be construed with such modifications, adaptations, qualifications unawed exceptions as may be necessary to bring them into conformity with the Barbados Independence Act 1966 and this Order.

2. Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such a law and under this section) or is otherwise prescribed or provided for immediately before the appointed day by or under the existing Order, that prescription or provision shall, as from that day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the Barbados Independence Act 1966 and this Order) as if it had been made under the Constitution by Parliament or, as the case may require, by the other authority or person.

3. The Governor General may by order made at any time before 30th November 1967 make such amendments to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the provisions of the Barbados Independence Act 1966 and this Order or otherwise for giving effect to or enabling effect to be given to those provisions.

4. An order made by the Governor-General under subsection (3) shall have effect from such day, not earlier than the appointed day, as may be specified therein.

5. The provisions of this section shall be without prejudice to any powers conferred by this Order or by any other law upon any person or authority to make provision for any matter, including the amendment or repeal of any existing law.

6. In this section "existing law" means any law having effect as part of the law of Barbados immediately before the appointed day (including any law made before the appointed day and coming into operation on or after that day).

Parliament

5. 1. The persons who immediately before the appointed day are members of the Senate established by the existing Order (in this section referred to as "the existing senate"), having been appointed as such under sub-paragraphs (a), (b) and (c) respectively of paragraph 10(2) of Schedule 2 to that Order, shall as from the appointed day be members of the Senate established by the Constitution as if they had been appointed as such under subsections (2), (3) and (4) respectively of section 36 of the Constitution and shall hold their seats as Senators in accordance with the provisions of the Constitution.

2. The persons who immediately before the appointed day are President and Deputy President of the existing Senate shall as from the appointed day be President and Deputy President respectively of the Senate established by the Constitution as if they had been elected as such under section 40 of the Constitution and shall hold office in accordance with the provisions of that section.

3. The persons who immediately before the appointed day are members of the House of Assembly the established for Barbados (in this section referred to as "the existing Assembly") shall as from the appointed day be members of the House of Assembly established by the Constitution as if elected as such in pursuance of section 41(2) of the Constitution and shall hold their seats in that House in accordance with the provisions of the Constitution.

4. The persons who immediately before the appointed day are Speaker and Deputy Speaker of the existing Assembly shall as from the appointed day be Speaker and Deputy Speaker respectively of the House of Assembly established by the Constitution as if elected as such by that House in pursuance of any provisions in that behalf.

5. Any person who is a member of the Senate or the House of Assembly established by the Constitution by virtue of the preceding provisions of this section and who, since he was last appointed or elected as a member of the existing Senate of the existing Assembly before the appointed day, has taken the oath of allegiance in pursuance of paragraph 21 of Schedule 2 to the existing Order shall be deemed to have complied with the requirements of section 59 of the Constitution relating to the taking of the oath of allegiance.

6. The Standing Orders of the existing Senate and the existing Assembly as in force immediately before the appointed day shall, except as may be otherwise provided in pursuance of section 50(1) of the Constitution, be three Standing Orders respectively of the Senate and the House of Assembly established by the Constitution, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.

7. Notwithstanding anything contained in section 61(3) of the Constitution (but subject t the provisions of subsections (4) and (5) of that section) Parliament shall, unless sooner dissolved, stand dissolved on the expiration of five years from the first sitting of the existing Assembly after the general election of members of the Assembly last preceding the appointed day.

Ministers and Parliamentary Secretaries

6. 1. The person who immediately before the appointed day holds the office of premier under the existing Order shall, as from the appointed day, hold office as Prime Minister as if he had been appointed thereto under section 65(1) of the Constitution.

2. The person (other than the Premier) who immediately before the appointed day hold officers Ministers under the existing Order shall, as from the appointed day, hold the like offices as if they had been appointed thereto under section 65(2) of the Constitution.

3. Any person holding the office of Prime Minister or other Minister by virtue of subsection (1) or (2) who immediately before the appointed day was charged with responsibility for any subject or department of government shall, as from the appointed day, be deemed to have been assigned responsibility for the corresponding business or department of the Government under section 72 of the Constitution.

4. The persons who immediately before the appointed day hold office as Parliamentary Secretaries under the existing Order shall, as from the appointed day, hold the like offices as if they had been appointed thereto under section 73(1) of the Constitution.

5. Any person who holds office as Prime Minister or other Minister or Parliamentary Secretary as from the appointed day by virtue of the provisions of this section shall be deemed t have complied with the requirements of section 69 or section 73(2), as the case may be, of the Constitution relating to the taking of oaths

Leader of the Opposition

7. The person who immediately before the appointed day is the Leader of the Opposition (as defined for the purposes of Schedule 2 to the existing Order) shall, as from the appointed day, hold office as Leader of the Opposition as if he had been appointed thereto under section 74 of the Constitution.

Privy Council

8. The persons who immediately before the appointed day are members of the Privy Council established by the existing Order, having been appointed as such under clause 3 of the Barbados Royal Instructions 1964(a), shall, as from the appointed day, hold office as members of the privy Council established by the Constitution as if they had been appointed thereto under section 76(1) of the Constitution:

Provided that for the purposes of subsection (3) of that section the date of appointment of any such person shall be the date on which the period of his last appointment under the said clause 3 commenced or was deemed to have commenced for the purposes of that clause.

Existing judges and public officers

9. 1. Every person who immediately before the appointed day holds or is acting in a public office shall, as from the appointed day, hold or act in that office or the corresponding office established by the Constitution as if he had been appointed to do so in accordance with the provisions of the Constitution:

Provided that any person who under any existing law would have been required to vacate his office on the attainment of any age or on the expiration of any period shall vacate his office on the attainment of that age or at the expiration of that period.

2. The provisions of subsection (1) shall apply in relation to the office of a Judge as if that office were a public office.

3. Any person who, by virtue of the provisions of this section, holds or is acting in the office of the Director of Public Prosecutions or a Judge as from the appointed day shall be deemed to have complied with the requirements of section 79(7) or, as the case may be, section 83 of the Constitution relating to the taking and subscribing of oaths.

4. In this section "existing law" has the same meaning as in section 4.

Pending legal proceedings

10. 1. The Governor General may by order make such provision as may appear to him to be necessary or expedient for:

a. the continuance on or after the appointed day before the High Court of Appeal established by the Constitution of any proceedings pending immediately before that day before the Supreme Court of Barbados;

b. the continuance on or after the appointed day before the said Court of Appeal or the British Caribbean Court of Appeal or the abetment of any appeal pending immediately before that day before the British Caribbean Court of Appeal from the Supreme Court of Barbados;

c. the enforcement of any judgment of the Supreme Court of Barbados or the British Caribbean Court of Appeal given but not satisfied before the appointed day; and

d. the enforcement of any judgment of the British Caribbean Court of Appeal given on or after that day by virtue of provision made in pursuance of paragraph (b).

2. In subsection (1) -

"appeal" includes a case stated or question of law reserved;

"judgment" includes a decree, order, ruling, sentence or decision;

"the Supreme Court of Barbados" includes the Full Court of that Court.

3. The provisions of this section shall be without prejudice to the provisions of section 4 and to any powers conferred by this Order or by any other law upon any person or authority to make provision for any of the matters referred to in subsection (1).

Appeals to Her Majesty in Council

11. Until Parliament otherwise provides, an appeal shall lie under section 88(1) of the Constitution from decisions of the Court of Appeal established by the Constitution to her Majesty in Council in the cases mentioned in paragraphs (a) and (b) of section 3 of the British Caribbean (Appeal to Privy Council) Order in council 1962(a) as if references therein to the British Caribbean Court of Appeal were references to the Court of Appeal established by the Constitution.

Alteration of this Order

12. 1. Parliament may alter any of the provisions of this Order in the same manner as it may alter any of the provisions of the Constitution:

Provided that section 3, section 5(1) and (7), section 9 and this section may be altered by Parliament only in the same manner as the provisions specified in section 49(2) of the Constitution.

2. Section 49(5) of the Constitution shall apply for the purpose of construing references in this section to any provision of this Order and to the alteration of any such provision as it applies for the purpose of construing references in the said section 49 to any provision of the Constitution and to the alteration of any such provision.

W. G. Agnew.

Sections 1 (2) and 3

THE SCHEDULE TO THE ORDER

THE CONSTITUTION OF BARBADOS

ARRANGEMENT OF SECTIONS

CHAPTER I

THE CONSTITUTION

Section

1. Constitution is supreme law.

CHAPTER II

CITIZENSHIP

2. Persons who become citizens on 30th November 1966.

3. Persons entitled to be registered as citizens.

4. Persons born in Barbados after 29th November 1966.

5. Persons born outside Barbados after 29th November 1966.

6. Marriage to citizen of Barbados.

7. Renunciation of citizenship.

8. Commonwealth citizens.

9. Powers of Parliament.

10. Interpretation.

CHAPTER III

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

OF THE INDIVIDUAL

11. Fundamental rights and freedoms of the individual.

12. Protection of right to life.

13. Protection of right to personal liberty.

14. Protection from slavery and forced labour.

15. Protection from inhuman treatment.

16. Protection from deprivation of property.

17. Protection against arbitrary search or entry.

18. Provisions to secure protection of law.

19. Protection of freedom of conscience.

20. Protection of freedom of expression.

21. Protection of freedom of assembly and association.

22. Protection of freedom of movement.

23. Protection from discrimination on grounds of race, etc.

24. Enforcement of protective provisions.

25. Time of emergency.

26. Saving of existing law.

27. Interpretation.

CHAPTER IV

THE GOVERNOR GENERAL

28. Establishment of office of Governor General

29. Acting Governor General.

30. Deputy to governor General.

31. Personal staff of governor General.

32. Exercise of Governor General's functions.

33. Public Seal.

34. Oaths to be taken by Governor General.

CHAPTER V

PARLIAMENT

PART 1

COMPOSITION OF PARLIAMENT

35. Establishment of Parliament.

36. Senate.

37. Qualifications for membership of Senate.

38. Disqualifications for membership of Senate.

39. Tenure of seats of Senators.

40. President and Deputy President of Senate.

41. House of Assembly.

42. Electoral law.

43. Qualifications for membership of Assembly.

44. Disqualifications for membership of Assembly.

45. Tenure of seats of members of Assembly.

46. Determination of questions of membership of Senate and Assembly.

47. Filling of casual vacancies in Senate and Assembly.

PART 2

POWERS AND PROCEDURE OF PARLIAMENT

48. Power to make laws.

49. Alteration of this Constitution.

50. Regulation of procedure in Parliament.

51. Presiding in Senate.

52. Quorum of Senate.

53. Voting in Senate.

54. Introduction of Bills, etc.

55. Restriction on powers of Senate as to Money Bills.

56. Restriction on powers of Senate as to Bills other than Money Bills.

57. Provisions relating to sections 54, 55 and 56.

58. Asset to Bills.

59. Oath of allegiance.

PART 3

SUMMONING, PROROGATION AND DISSOLUTION

60. Sessions of Parliament.

61. Prorogation and dissolution of Parliament.

62. General election and appointment of Senators.

CHAPTER VI

EXECUTIVE POWERS

63. Executive authority of Barbados.

64. Cabinet.

65. Appointment of Ministers.

66. Tenure of office of Ministers.

67. Performance of Prime Minister's functions in certain events.

68. Temporary Ministers.

69. Oaths to be taken by Ministers.

70. Presiding in Cabinet.

71. Governor General to be informed concerning matters of government.

72. Assignment of responsibilities to Ministers.

73. Parliamentary Secretaries.

74. Leader of the Opposition.

75. Certain vacancies in office of Leader of Opposition.

76. Privy Council.

77. Proceedings of Privy Council.

78. Prerogative of mercy.

79. Establishment of office and functions for Director of Public Prosecutions.

CHAPTER VII

THE JUDICATURE

PART 1

SUPREME COURT

80. Establishment of Supreme Court.

81. Appointment of Judges.

82. Acting Judges.

83. Oaths to be taken by Judges.

84. Tenure of office of Judges.

PART 2

APPEALS

85. Constitution of Court of Appeal.

86. Other arrangements for appeals.

87. Appeals relating to fundamental rights and freedoms.

88. Appeals to Her Majesty in Council in other cases.

CHAPTER VIII

THE PUBLIC SERVICE

PART 1

THE SERVICES COMMISSIONS

89. Establishment and composition of Judicial and Legal Service Commission.

90. Establishment and composition of Public Service Commission.

91. Establishment and composition of Police Commission.

92. Procedure of Commissions.

PART 2

APPOINTMENT, REMOVAL AND DISCIPLINE OF PUBLIC OFFICERS

93. Appointment, etc., of judicial and legal officers.

94. Appointment, etc., of public officers.

95. Delegation of powers under section 94.

96. Appointment, etc., of members of the Police Force.

97. Delegation of powers under section 96.

98. Appeals to Privy Council in disciplinary matters.

99. Appointment of permanent secretaries and certain other public officers.

100. Appointment, etc., of principal representatives abroad and subordinate staff.

101. Appointment, etc., of Director of Public Prosecutions.

102. appointment, etc., of Auditor General.

PART 3

PENSIONS

103. Protection of pension rights.

104. Grant and withholding of pensions, etc.

PART 4

MISCELLANEOUS

105. Removal form office of certain persons.

106. Protection of Commissions, etc., from legal proceedings.

CHAPTER IX

FINANCE

107. Consolidated Fund.

108. Estimates.

109. Authorization of expenditure.

110. Meeting expenditure from Consolidated Fund.

111. Public debt.

112. Remuneration of governor General and certain other officers.

113. Establishment of office and functions of Auditor General.

CHAPTER X

MISCELLANEOUS AND INTERPRETATION

114. Appointments.

115. Resignations.

116. Vacation of office on attaining a prescribed age.

117. Interpretation.

FIRST SCHEDULE

OATHS

SECOND SCHEDULE

PROVISIONS RELATING TO CERTAIN TRIBUNALS

THE CONSTITUTION OF BARBADOS

Whereas the love of free institutions and of independence has always strongly characterized the inhabitants of Barbados:

And whereas the Governor and the said inhabitants settled a Parliament in the year 1639:

And Whereas as early as 18th February 1651 these inhabitants, in their determination to safeguard the freedom, safety and well being of the Island, declared, through their Governor, Lords of the Council and members of the Assembly, their independence of the Commonwealth of England:

And Whereas the rights and privileges of the said inhabitants were confirmed by articles of agreement, commonly known as the Charter of Barbados, had, made and concluded on 11th January 1652 by and between the Commissioners of the Right Honorable the Lord Willoughby of Parham, Governor, of the one part, and the Commissioners on the behalf of the Commonwealth of England, of the other part, in order to the rendition to the Commonwealth of England of the said Island of Barbados:

And Whereas with the broadening down of freedom the people of Barbados have ever since then not only successfully resisted any attempt to impugn or diminish those rights and privileges so confirmed, but have consistently enlarged and extended them:

Now, therefore, the people of Barbados-

a. proclaim that they are a sovereign nation founded upon principles that acknowledge the supremacy of God, the dignity of the human person, their unshakable faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions;

b. affirm their belief that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;

c. declare their intention to establish and maintain a society in which all persons may, to the full extent of their capacity, play a due part in the institutions of the national life;

d. resolve that the operation of the economic system shall promote the general welfare by the equitable distribution of the material resources of the community, by the human conditions under which all men shall labour and by the undeviating recognition of ability, integrity and merit;

e. desire that the following provisions shall have effect as the constitution of Barbados:

CHAPTER I

THE CONSTITUTION

Constitution is supreme law

1. This Constitution is the supreme law of Barbados and, subject to the provisions of this Constitution, if any other law is inconsistent with this Constitutions, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

CHAPTER II

CITIZENSHIP

Persons who become citizens on 30th November 1966

2. 1. Every person who, having been born in Barbados, is on 29th November 1966 a citizen of the United Kingdom and Colonies shall become a citizen of Barbados on 30th November 1966.

2. Every person who, having been born outside Barbados, is on 29th November 1966 a citizen of the United Kingdom and Colonies shall, if his father becomes or would but for his death have become a citizen of Barbados in accordance with the provisions of subsection (1), become a citizen of Barbados on 30th November 1966.

3. Any person who on 29th November 1966 is a citizen of the United Kingdom and Colonies -

a. having become such a citizen under the British Nationality Act 1948(a) by virtue of his having been naturalized in Barbados as a British subject before that Act came into force; or

b. having become such a citizen by virtue of his having been naturalized or registered in Barbados under that Act.

shall become a citizen of Barbados on 30th November 1966.

Person entitled to be registered as citizens

3. 1. Any woman who on 29th November 1966 is or has been married to a person -

a. who becomes a citizen of Barbados by virtue of section 2; or

b. who, having died before 30th November 1966, would but for his death have become a citizen of Barbados by virtue of that section.

shall be entitled, upon making application, and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados.

2. Any person who is a Commonwealth citizen (otherwise than by virtue of being a citizen of Barbados) and who -

a. has been ordinarily resident in Barbados continuously for a period of seven years or more at any time before 30th November 1966; and

b. has not, since such period of residence in Barbados and before that date, been ordinarily resident outside Barbados continuously for a period of seven years or more.

shall be entitled, upon making application, to be registered as a citizen of Barbados:

Provided that the right to be registered a s a citizen of Barbados under this subsection shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

3. Any woman who on 29th November 1966 is or has been married to a person who subsequently becomes a citizen of Barbados by registration under subsection (2) shall be entitled, upon making application, and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados:

Provided that the right to be registered as a citizen of Barbados under this subsection shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

4. Any application for registration under this section shall be made in such manner as may be prescribed as respects that application:

Provided that such an application may not be made by a person who has not attained the age of twenty one years and is not a woman who is or has been married but shall be made on behalf of that person by a parent or guardian of that person.

Persons born in Barbados after 29th November 1966

4. Every person born in Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth:

Provided that a person shall not become a citizen of Barbados by virtue of this section if at the time of his birth -

a. his father possesses such immunity from suit and legal process as is accorded to an envoy of a foreign sovereign state accredited to Her Majesty in right of Her Government in Barbados and neither of his parents is a citizen of Barbados; or

b. his father is an enemy alien and the birth occurs in a place then under occupation by the enemy.

Persons born outside Barbados after 29th November 1966.

5. A person born outside Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth if at that date his father is a citizen of Barbados otherwise than by virtue of this section or section 2(2).

Marriage to citizen of Barbados

6. Any woman who, after 29th November 1966, marries a person who is or becomes a citizen of Barbados shall be entitled, upon making application in such manner as may be prescribed and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados.

Renunciation of citizenship

7. Any citizen of Barbados who has attained the age of twenty-one years and who -

a. is also a citizen or national of any other country; or

b. intends to become a citizen or national of any other country, shall be entitled to renounce his citizenship of Barbados by a declaration made and registered in such manner as may be prescribed:

Provided that -

a. in the case of a person who is not a citizen or national of any other country at the date of registration of his declaration of renunciation, if he does not become such a citizen or national within six months from the date of registration he shall be, and shall be deemed to have remained, a citizen of Barbados notwithstanding the making and registration of his declaration of renunciation; and

b. the right of any person to renounce his citizenship of Barbados during any period when Barbados is engaged in any war shall be subject to such exceptions or qualifications as any be prescribed in the interests of national security or public policy.

Commonwealth citizens

8. 1. Every person who under this Constitution or any Act of Parliament is a citizen of Barbados or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen.

2. Every person who is a British subject without citizenship under the British nationality act 1948, continues to be a British subject under section 2 of that Act or is a British subject under the British Nationality Act 1965(a) shall, by virtue of that status, have the status of a Commonwealth citizen.

3. Save as may be otherwise provided by Parliament, the countries to which this section applies are the United Kingdom and colonies, Canada, Australia, New Zealand, India, Pakistan, Ceylon, Ghana, Malaysia, Nigeria, Cyprus, Sierra Leone, Tanzania, Jamaica, Trinidad and Tobago, Uganda, Kenya, Malawi, Malta, Zambia, the Gambia, Singapore, Guyana, Botswana, Lesotho and southern Rhodesia.

Powers of Parliament

9. Parliament may make provision -

a. for the acquisition of citizenship`p of Barbados by persons who do not become citizens of Barbados by virtue of the provisions of this Chapter; or

b. for depriving of his citizenship of Barbados any person who is a citizen of Barbados otherwise than by virtue of subsection (1) or (2) of section 2 or section 4 o section 5.

Interpretation

10. 1. In this chapter -

"alien" means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;

"British protected person" means a person who is a British protected person for the purposes of the British Nationality Act 1948;

"prescribed" means prescribed by or under any Act of Parliament.

2. Any reference in this Chapter to the father of a person shall, in relation to any person born out of wedlock other than a person legitimed before 30th November 1966, be construed as a reference to the mother of that person.

3. For the purposes of this Chapter, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the palace in which the ship or aircraft was registered or, as the case may be, in that country.

4. any reference in this Chapter to the national status of the father of a person at the time of that person's birth, shall, in relation to a person born after the death of the father, be construed as a reference to the national status of the father at the time of the father's death; and where that death occurred before 30th November 1966 and the birth occurred after 29th November 1966 the national status that the father would have had if he had died on 30th November 1966 shall be deemed to be his national status at the time of his death.

CHAPTER III

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

OF THE INDIVIDUAL

Fundamental rights and freedoms of the individual

11. Whereas every person in Barbados is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely -

a. life, liberty and security of the person;

b. protection for the privacy of his home and other property and from deprivation of property without compensation;

c. the protection of the law; and

d. freedom of conscience, of expression and of assembly and association,

the following provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

Protection of right to life

12. 1. No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offense under the law of Barbados of which he has been convicted.

2. A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as re permitted by law, of such force as is reasonably justifiable -

a. for the defence of any person from violence or for the defence of property;

b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

c. in order lawfully to prevent the commission by that person of a criminal offense,

or if he dies as the result of a lawful act of war.

Protection of right to personal liberty

13. 1. No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say -

a. in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether established for Barbados or some other country, in respect of a criminal offense of which he has been convicted;

b. in execution of an order of the High Court or the Court of Appeal or such other court as may be prescribed by Parliament punishing him for contempt of any such court or of another court or tribunal;

c. in execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law;

d. for the purpose of bringing him before a court in execution of the order of a court;

e. upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law of Barbados;

f. in the case of a person who has not attained the age of twenty-one years, under the order of a court or with the consent of his parent or guardian, for the purpose of his education or welfare;

g. for the purpose of preventing the spread of an infectious or contagious disease;

h. in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;

i. for the purpose of preventing the unlawful entry of that person into Barbados, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Barbados or for the purpose of restricting that person while he is being conveyed through Barbados in the course of his extradition or removal as a convicted prisoner form one country to another; or

j. to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Barbados or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person with a view to the making of any such order or relating to such an order after it has been made or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Barbados in which, in consequence of any such order, his presence would otherwise be unlawful.

2. Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention and shall be permitted, at his own expense, to retain and instruct without delay a legal adviser of his own choice, being a person entitled to practice in Barbados as a barrister or solicitor, and to hold private communication with him; and in the case of a person who has not attained the age of sixteen years he shall also be afforded a reasonable opportunity for communication with his parent or guardian.

3. Any person who is arrested or detained -

a. for the purpose of bringing him before a court in execution of the order of a court; or

b. upon reasonable suspicion of his having committed or being about to commit a criminal offense.

and who is not released, shall be brought before a court as soon as is reasonably practicable; and if any person arrested or detained upon reasonable suspicion of his having committed or being about to commit a criminal offense is not tried within a reasonable time, then, without prejudice to any further proceedings which may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

4. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.

5. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the foregoing provisions of this section to the extent that the law in question authorizes the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency.

6. Where a person is detained by virtue of such a law as is referred to in subsection (5), the following provisions shall apply -

a. he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention, be furnished with a statement in writing, in a language that he understands, of the grounds upon which he is detained;

b. not more that fourteen days after the commencement of his detention, a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorized;

c. he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request;

d. where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons entitled to practice in Barbados as barristers or solicitors; and

e. he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a person entitled to practice as aforesaid, and he and any such legal adviser shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.

7. On any review by a tribunal in pursuance of subsection (6) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

8. When any person is detained by virtue of such a law as is referred to in subsection (5) the Prime Minister or a Minister authorized by him shall, not more than thirty days after the commencement of the detention and thereafter not more than thirty days after the making of the previous report, make a report to each House stating the number of persons detained as aforesaid and the number of cases in which the authority that ordered the detention has not acted in accordance with the recommendations of a tribunal appointed in pursuance of subsection (6):

Provided that in reckoning any period of thirty days for the purposes of this subsection no account shall be taken of any period during which Parliament stands prorogued or dissolved.

Protection from slavery and forced labour

14. 1. No person shall be held in slavery or servitude.

2. No person shall be required to perform forced labour.

3. For the purposes of this section, the expression "forced labour" does not include -

a. any labour required in consequence of the sentence or order of a court;

b. any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the palace at which he is detained;

c. any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that person is required by law to perform in place of such service; or

d. any labour required during any period when Barbados is at war or in the event of any hurricane, earthquake, flood, fire or other like calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity, for the purpose of dealing with that situation.

Protection from inhuman treatment

15. 1. No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorizes the infliction of any punishment or the administration of any treatment that was lawful in Barbados immediately before 30th November 1966.

Protection from deprivation of property

16. 1. No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except by or under the authority of a written law and where provision applying to that acquisition or taking of possession is made by a written law -

a. prescribing the principles on which and the manner in which compensation therefor is to be determined and given; and

b. giving to any person claiming such compensation a right or access, either directly or by way of appeal, for the determination of his interest in or right over the property and the amount of compensation, to the High Court.

2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section -

a. to the extent that the law in question makes provision for the taking of possession or acquisition of any property -

i. in satisfaction of any tax, duty, rate, cess or other impost;

ii. by way of penalty for breach of the law of forfeiture in consequence of a breach of the law;

iii. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or license;

iv. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;

v. in circumstances where it is reasonably necessity so to do because the property is in a dangerous state o injurious to the health of human beings, animals or plants;

vi. in consequence of any law with respect to the limitation of actions; or

vii. for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources o work relating to agricultural development or improvement; or

b. to the exent that the law in question makes provision for the taking of possession or acquisition of -

i. enemy property;

ii. property of a deceased person, a person of unsound mind or a person who has not attained the age of twenty-one years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;

iii. property of a person adjudged insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent person or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or

iv. property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.

3. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property.

4. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision of the compulsory taking possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established directly by law for public purposes in which no monies have been invested other than monies provided by parliament or by any Legislature established for the former Colony of Barbados.

Protection against arbitrary search or entry

17. 1. Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision that is reasonably required -

a. in the interests of defence, public safety, public order, public morality, public health, town or country planning the development or utilization of mineral resources, or the development or utilization of any other property in such manner as to promote the public benefit;

b. for the purposes of protecting the rights or freedoms of other persons;

c. for the purposes of authorizing an officer or agent of the Government, or of a local government authority or of a body corporate established directly by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purposes of any tax, duty, rate, cess or other impost or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or that authority or body corporate, as the case may be;

d. for the purposes of authorizing the entry upon any premises in pursuance of an order of a court for the purpose of enforcing the judgment or order of a court in any proceedings; or

e. for the purpose of authorizing the entry upon any premises for the purpose of preventing or detecting criminal offenses.

Provisions to secure protection of law

18. 1. If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

2. Every person who is charged with a criminal offense -

a. shall be presumed to be innocent until he is proved or has pleaded guilty;

b. shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offense charged;

c. shall be given adequate time and facilities for the preparation of his defence;

d. shall be permitted to defend himself before the court in person or by a legal representative of his own choice;

e. shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

f. shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge.

and, except with his consent, the trial shall not take place in his absence unless he so conducts himself as to render the proceedings in his presence impracticable and the court has ordered the trial to proceed in his absence.

3. When a person is tried for any criminal offense, the accursed person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

4. No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is more severe in degree or nature than the most severe penalty that might have been imposed for that offense at the time when it was committed.

5. No person who shows that he has been tried by a competent court for a criminal offense and either convicted or acquitted shall again be tried for that offense or for any other criminal offense, save upon the order of a superior court in the course of appeal proceedings relating to the conviction or acquittal.

6. No person shall be tried for a criminal offense if he shows that he has been granted a pardon for that offense.

7. No person who is tried for a criminal offense shall be compelled to give evidence at the trial.

8. Any court or other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such court or other tribunal, the case shall be given a fair hearing within a reasonable time.

9. Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other tribunal, including the announcement of the decision of the court or other tribunal, shall be held in public.

10. Nothing in subsection (9) shall prevent the court or other tribunal from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other tribunal -

a. may by law be empowered so to do and may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings or in the interests of decency, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings; or

b. may by law be empowered or required so to do in the interests of defence, public safety or public order.

11. Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of -

a. subsection (2)(a) to the extent that the law in question imposes upon any person charged with a criminal offense the burden of proving particular facts;

b: subsection (2)(e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be aid their expenses out of public funds; or

c. subsection (5) to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offense notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment, take into account any punishment awarded him under that disciplinary law.

12. Nothing contained in subsection (2)(d) shall be construed as entitling a person to legal representation at public expense.

Protection of freedom of conscience

19. 1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience and for the purpose of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

2. Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains.

3. No religious community shall be prevented from providing religious instruction for persons of that community in the course of any education provided by that community whether or not that community is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.

4. Except with his own consent (or, if he is a person who has not attained the age of twenty-one years, the consent of his guardian), no person attending any place of education shall be enquired to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion which is not his own.

5. No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.

6. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -

a. which is reasonably required -

i. in the interests of defence, public safety, public order, public morality or public health; or

ii. for he purpose of protecting the rights and freedoms of other per5sons, including the right to observe and practice any religion without the unsolicited of members of any other religion; or

b. with respect to standards or qualifications to be required in relation to places of education including any instruction (not being religious instruction) given at such places.

7. References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.

Protection of freedom of expression

20. 1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive ideas and information without interference, freedom to communicate ideas and information without interferences and freedom from interference with his correspondence or other means of communication.

2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -

a. that is reasonably required in the interests of defence, public safety, public order, public morality or public health; or

b. that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating the administration or technical operation of telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments; or

c. that imposes restrictions upon public officers or members of a disciplined force.

Protection of freedom of assembly and association

21. 1. Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests.

2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision -

a. that is reasonably required in the interest of defence, public safety, public order, public morality or public health; or

b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons; or

c. that imposes restrictions upon public officers or members of a disciplined force.

Protection of freedom of movement

22. 1. No person shall be deprived of his freedom of movement, that is to say, the right to move freely throughout Barbados, the right to reside in any part of Barbados, the right to enter Barbados, the right to leave Barbados and immunity from expulsion from Barbados.

2. Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

3. Nothing contained in or done under the authority of any law shall be held to be inconsistence with or in contravention of this section to the extent that the law in question makes provision -

a. for the imposition of restrictions on the movement or residence within Barbados of any person or on any person s right to leave Barbados that are reasonably required in the interests of defence, public safety or public order;

b. for the imposition of restrictions on the movement or residence within Barbados or on the right to leave Barbados of persons generally or any class of persons that are reasonably required in the interests of defence, public safety, public order, public morality or public health;

c. for the imposition of restrictions on the movement or residence within Barbados of any person who is not a citizen thereof or the exclusion or expulsion from Barbados of any such person;

d. for the imposition of restrictions on the acquisition or use of land or other property in Barbados;

e. for the imposition of restrictions, on the movement or residence within Barbados of any person who is not a citizen thereof or the exclusion or expulsion from Barbados of any such person;

d. for the imposition of restrictions on the acquisition or use of land or other property in Barbados;

e. for the imposition of restrictions, by order of a court, on the movement or residence within Barbados of any person or on any person's right to leave Barbados either in consequence of this having been found guilty of a criminal offense under the law of Barbados or for the purpose of ensuring that he appears before a court at a later date for trial for such a criminal offense or for preceedings preliminary to trial or for preceding relating to his extradition or lawful removal from Barbados;

f. for the imposition of restrictions upon the movement or residence within Barbados or on the right to leave Barbados of public officers or members of a disciplined force;

g. for the removal of persons from Barbados -

i. to be tried or punished in some other country for a criminal offense under the law of that country;

ii. to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offense under the law of Barbados of which he has been convicted;

iii. to be detained in an institution in some other country for the purpose of giving effect to the order of a court made in pursuance of a law of Barbados relating to the treatment of offenders under a specified age; or

iv. to be detained for care or treatment in a hospital or other institution in pursuance of a law of Barbados relating yo persons suffering from defect or disease of the mind; or

h. for the imposition of restrictions on the right of any person to leave Barbados that are reasonably required in order to secure the fulfillment of any obligations imposed on that person by law.

4. Where a person's freedom of movement is restricted by virtue of such a provision as is referred to in subsection (3)(a), the following provisions shall apply -

a. he shall, as soon as reasonably practicable and in any case not more than five days after the Commencement of the restriction, be furnished with a statement in writing, in a language that he understands, of the grounds upon which the restriction has been imposed;

b. not more than fourteen days after the commencement of the restriction, a notification shall be published in the Gazette stating that his freedom of movement has been restricted and giving particulars of the provision of law under which the restriction is authorized;

c. he may from time to time request that his case be reviewed under paragraph (d) but, where he has made such a request, no subsequent request shall be made before the expiration of three months from the making of the previous request;

d. where a request is made under paragraph (c), the case shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons entitled to practice in Barbados as barristers or solicitors; and

e. he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a person entitled to practice as aforesaid, and he and any such legal adviser shall be parted to make written or oral representations or both to the tribunal appointed for the review of his case.

5. On any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been restricted the tribunal may make recommendations concerning the necessity of expediency of continuing that restriction to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority by whom it was ordered, but, unless, it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

Protection from discrimination on ground of race, etc.

23. 1. Subject to the provisions of this section

a. no law shall make any provision that is discriminatory either of itself or in its effect; and

b. no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

2. In this section the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which person of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.

3. Subsection (1)(a) shall not apply to any law so far as that law makes provision -

a. with respect to persons who are not citizens of Barbados;

b. with respect to adoption, marriage, divorce .....dissolutions of property on death or other matters of personal law;

c. whereby person of any such description as is mentioned in subsection (2) may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable;

d. for authorizing the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency; or

e. for the imposition of taxation or appropriation of revenue by the Government or by any local government authority for local purposes.

4. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1)(a) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinion, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, or any office in the service of a local government authority or of a body corporate established by any law for public purposes.

5. Subsection (1)(b) shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (3) or (4).

6. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (2) may be subjected to any restriction on the rights and freedoms guaranteed by sections 17, 19, 20, 21 and 22, being such a restriction as is authorized by subsection (2) of section 17, subsection (6) of section 19, subsection (2) of section 20, subsection (2) of section 21, or subsection (3) of section 22, as the case may be.

7. Subsection (1)(b) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by this Constitution or any other law.

Enforcement of protective provisions

24. 1. Subject to the provisions of subsection (6), if any person alleges that any of the provisions of sections 12 to 23, is being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.

2. The High Court shall have original jurisdiction -

a. to hear and determine any application made by any person in pursuance of subsection (2); and

b. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3).

and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 12 to 23:

Provided that the High Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.

3. If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of sections 12 to 23, the person presiding in that court shall refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.

4. Where any question is referred to the High Court pursuance of subsection (3), the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under this Constitution to the Court of Appeal or to Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, of Her Majesty in Council.

5. Parliament may confer upon the High Court such powers in addition to those conferred by this section as may appear to Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction conferred upon it by this section.

6. Parliament may make provision with respect to the practice and procedure -

a. of the High Court in relation to the jurisdiction and powers conferred upon it by or under this section;

b. of the High Court and the Court of Appeal in relation to appeals to the Court of Appeal from decisions of the High Court in the exercise of such jurisdiction; and

c. of subordinate courts in relation to references to the High Court under subsection (3);

including provision with respect to the time within which any application, reference or appeal shall or may be made or brought; and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court.

7. In this section "the Court of Appeal" has the same meaning as it has in section 87.

Time of emergency

25. 1. In this Chapter "period of public emergency" means any period during which -

a. Barbados is engaged in any war; or

b. there is in force a proclamation by the Governor General declaring that a state of public emergency exists; or

c. there is in force a resolution of each House supported by the votes of not less than two thirds of all the members of that House declaring that democratic institutions in Barbados are threatened by subversion.

2. A proclamation made by the Governor General shall not be effective for the purposes of subsection (1) unless it is declared therein that the Governor General is satisfied -

a. that a public emergency has arisen as a result of the imminence of a state of war between Barbados and another State or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity, whether similar to the foregoing or not; or

b. that action has been taken or is immediately threatened by any person of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.

3. A proclamation made by the Governor General for the purposes of this section shall, unless previously revoked, remain in force for one month or for such longer period, not exceeding six months, as the House of Assembly may determine by a resolution supported by the votes of a majority of all the members of that House;

Provided that any such proclamation may be extended from time to time for a further period not exceeding six months by resolution passed in like manner and may be revoked at any time by resolution supported by the votes of a majority of all the members of the House of Assembly.

4. A resolution passed by a House for the purposes of subsection (1)(c) may be revoked at any time by a resolution of that House supported by the votes of a majority of all the members thereof.

Saving of existing law

26. 1. Nothing contained in or done under the authority of any written law shall be held to be inconsistent with or in contravention of any provision of sections 12 to 23 to the extent that the law in question -

a. is a law (in this section referred to as "an existing law") that was enacted or made before 30th November 1966 and has continued to be part of the law of Barbados at all times since that day;

b. repeals and re-enacts an existing law without alteration; or

c. alters an existing law and does not thereby render that law inconsistent with any provision of sections 12 to 23 in a manner in which, or to an extent to which, it was not previously so inconsistent.

2. In subsection (1)(c) the reference to altering and existing law includes references to repealing it and re-enacting it with modifications or making different provisions in lieu thereof, and to modifying it; and in subsection (1) "written law" includes any instrument having the force of law and in this subsection and subsection (1) references to the repeal and re-enactment of an existing law shall be construed accordingly.

Interpretation

27. 1. In this chapter -

"contravention", in relation to any requirement, includes a failure to comply with that requirement;

"court" means any court of law having jurisdiction in Barbados other that a court established by a disciplinary law, and includes Her Majesty in Council and -

a. in section 12, section 13, section 14, subsections (2), (3), (5), (8), (9) and (10) of section 18, section 22 and subsection (7) of section 23 includes, in relation to an offense against a disciplinary law, a court established by such a law; and

b. in section 13, section 14 and subsection (7) of section 23 includes, in relation to an offense against a disciplinary law, any person or authority empowered to exercise jurisdiction in respect of that offense;

"disciplinary law" means a law regulating the discipline of any disciplined force;

"disciplined force" means -

a. a naval, military or air force;

b. a police force;

c. a prison service; or

d. a fire service;

"legal representative", in relation to any court or other tribunal, means a person entitled to practice as a barrister or solicitor before such court or tribunal; and

"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.

2. References in sections 12, 13, 17 and 22 to a criminal offense shall be construed as including references to an offense against a disciplinary law, and such references in subsections (2) to (7) and (11)(a) of section 18 shall, in relation to proceedings before a court established by a disciplinary law, be similarly construed.

3. In relation to any person who is a member of a disciplined force raised under the law of any country other than Barbados and lawfully present in Barbados, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any provision of sections 12 to 23.

CHAPTER IV

THE GOVERNOR GENERAL

Establishment of office of Governor General

28. There shall be a Governor General of Barbados who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in Barbados.

Acting Governor General

29. 1. Whenever the office of Governor General is vacant or the holder of the office is absent from Barbados or is for any other reason unable to perform the functions of his office, those functions shall be performed -

a. by any person for the time being designated by Her Majesty in that behalf who is in Barbados and able to perform those functions; or

b. at any time when there is no person in Barbados so designated and able to perform those functions, by the holder of the office of Chief Justice; or

c. at any time referred to in paragraph (b) when the office of Chief Justice is vacant or the holder thereof is absent from Barbados or is for any other reason unable to perform those functions, by the President of the Senate.

2. The holder of the office of Governor General or any person designated under paragraph (2) or by paragraph (b) of subsection (1) shall not, for the purposes of this section, be regarded as absent from Barbados or as unable to perform the functions of the office of Governor General at any time when there is a subsisting appointment of a deputy under section 30.

Deputy to Governor General

30. 1. Whenever the Governor General -

a. has occasion to be absent from Barbados for a period which he has reason to believe will be of short duration; or

b. is suffering from an illness that he has reason to believe will be of short duration,

he may, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal, appoint any person in Barbados to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor General as may be specified in that instrument.

2. The power and authority of the Governor General shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and in the exercise of any function that is exercisable by he Governor General acting in his discretion or after consultation with any person or authority a deputy shall conform to and observe any instructions that the Governor General, acting in like manner, may address to him;

Provided that the question whether or not a deputy has conformed to observed any such instructions shall not be enquired into in any court.

3. A person appointed as a deputy under this section shall 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 the Governor General acting in accordance with the advice of the Prime Minister.

Personal staff of Governor - General

31. 1. Parliament may prescribe the offices that are to constitute the personal staff of the Governor - General, the salaries and allowances that are to be paid to the members of the staff and the other sums that are to be paid in respect of the expenditure attaching to the office of Governor - General.

2. Any salaries or other sums prescribed under subsection (1) are hereby charged on and shall be paid out of the Consolidated Fund.

3. Subject to the provisions of subsection (4), power to make appointments to the offices for the time being prescribed under subsection (1) as offices that are to constitute the personal staff of the Governor - General, and to remove and to exercise disciplinary control over persons holding or acting in any such office, is hereby vested in the Governor - General acting in his discretion.

4. The Governor - General, acting in his discretion, may appoint to any of the offices prescribed under subsection (1) such public officers as he may select from a list submitted by the Public Service Commission, but -

a. the provisions of subsection (3) shall apply in relation to an officer so appointed as respects his service on the personal staff of the Governor - General but not as respects his service as a public officer;

b. an officer so appointed shall not, during his continuance on the personal staff of the Governor - General, perform the functions of any public office; and

c. an officer so appointed may at any time be appointed by the Governor - General, if the Public Service Commission so recommend to assume or resume the functions of a public office and he shall thereupon vacate his office on the personal staff of the Governor - General, but the Governor - General may, in his discretion, decline to release the officer for that appointment.

5. All offices prescribed under subsection (1) as offices that are to constitute the personal staff of the Governor - General shall, for the purposes of Chapter Viii, be deemed to be public offices.

Exercise of Governor - General's functions

32. 1. The Governor - General shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet in the exercise of his functions other than -

a. any function which is expressed (in whatever terms) to be exercisable by him on or in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority other than the Cabinet; and

b. any function which is expressed (in whatever terms) to be exercisable by him in his discretion.

2. Subsection (1) shall not apply to the functions conferred upon the Governor - General by the following provisions of this Constitution, that it to say -

a. section 66(2) (which requires the Governor - General to revoke the appointment of the Prime Minister in certain circumstances);

b. the proviso to section 61(2) (which requires the Governor - General to dissolve Parliament in certain circumstances); and

c. section 84(4) (which requires the Governor - General to remove a Judge from office in certain circumstances).

3. Where the Governor - General is directed to exercise any function on the recommendation of any person or authority, he shall exercise that function in accordance with such recommendation:

Provided that -

a. before he acts in accordance therewith, he may, in his discretion, once refer that recommendation back for reconsideration by the person or authority concerned; and

b. if that person or authority, having reconsidered the original recommendation under paragraph (a), substitutes therefor a recommendation under paragraph (a), substitutes therefor a different recommendation, the provisions of this subsection shall apply to that different recommendation as they apply to the original recommendation.

4. Where the Governor - General is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority.

5. Where the Governor - General is directed to exercise any function in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be enquired into in any court.

6. Where the Governor - General is directed to exercise any function on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, the following steps shall be taken: -

a. the Prime Minister shall first consult the Leader of the Opposition and thereafter tender his recommendation to the Governor - General;

b. the Governor - General shall then inform the Leader of the Opposition of that recommendation and if the Leader of the Opposition concurs therein the Governor General shall act in accordance with the recommendation;

c. if the Leader of the Opposition does not concur in the recommendation the Governor General shall so inform the Primer Minister and refer the recommendation back to him:

d. the Prime Minister shall then advise the Governor General and the Governor General shall act in accordance with that advice.

7. Any reference in this Constitution to the functions of the Governor General shall be construed as a reference to this powers and duties in the exercise of the executive authority of Barbados and to any other powers and duties conferred or imposed on him as Governor General by or under this Constitution or any other law.

Public Seal

33. The Governor General shall keep and use the Public Seal for sealing all things that shall pass the Public Seal.

Oaths to be taken by Governor General

34. A person appointed to the office Governor - General or assuming the functions of that office under section 29 shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and an oath for the due execution of the office of Governor General in the form set out in the First Schedule, such oaths being administered by the Chief Justice or such other Judge as may be designated by the Chief Justice.

CHAPTER V

PARLIAMENT

PART 1

COMPOSITION OF PARLIAMENT

Establishment of Parliament

35. There shall be a Parliament of Barbados which shall consist of Her Majesty, a Senate and a House of Assembly.

Senate

36. 1. The Senate shall consist of twenty-one persons who, being qualified for appointment as Senators in accordance with the provisions of this Constitution, have been so appointed in accordance with the provisions of this section.

2. Twelve Senators shall be appointed by the Governor General, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal.

3. Two Senators shall be appointed by the Governor General, acting in accordance with the advice of the Leader of the Opposition, by instrument under the Public Seal.

4. Seven Senators shall be appointed by the Governor Genera, acting in his discretion, by instrument under the Public Seal, to represent religious, economic or social interests or such other interests as the Governor - General considers ought to be represented:

Provided that before appointing any person under this subsection the Governor General shall consult such persons as, in his discretion, he considers can speak for those interest and ought to be consulted.

Qualifications for membership of Senate

37. Subject to the provisions of section 38, any person who at the date of his appointment -

a. is a Commonwealth citizen of the age of twenty one years or upwards; and

b. has been ordinarily resident in Barbados for the immediately preceding twelve months,

shall be qualified to be appointed as a Senator.

Disqualifications for membership of Senate

38. 1. No person shall be qualified to be appointed as a Senator who -

a. is a member of the House of Assembly;

b. is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State;

c. holds or is acting in the office of a Judge, the Director of Public Prosecutions or the Auditor - General;

d. is under sentence of death imposed by a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

e. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Barbados;

f. has been adjudged or otherwise declared bankrupt under any law in force in Barbados and has not been discharged; or

g. is disqualified for membership of the House of Assembly by or under any law in force in Barbados by reason of his having been convicted or reported guilty of any corrupt or illegal practice at elections.

2. Without prejudice to the provisions of subsection (1)(c), Parliament may provide that, subject to such exceptions and limitations as Parliament may prescribe, a person shall not be qualified to be appointed as a Senator if -

i. he holds or is acting in any office or appointment prescribed by Parliament either individually or by reference to a class of office or appointment;

ii. he belongs to any armed force of Barbados or to any class of person that is comprised in any such force; or

iii. he belongs to any police force of Barbados or to any class of person that is comprised in any such force.

3. For the purposes of subsection (1)(d) -

a. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds six months, but if any one of those sentences exceeds that term they shall be regarded as one sentence; and

b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

Tenure of seats of Senators

39. 1. The seat of a Senator shall become vacant -

a. upon the next dissolution of Parliament after he has been appointed;

b. if, with his consent, he is nominated as a candidate for election to the House of Assembly;

c. if he is absent from Barbados for a period exceeding forty days at any time when the Senate is sitting, without the leave of the President given in accordance with the provisions of subsection (2);

d. if he ceases to be a Commonwealth citizen;

e. subject to the provision of subsection (3), if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of paragraphs (b) to (g) of section 38(1) or of any law enacted in pursuance of section 38(2);

f. in the case of a Senator who was appointed as such in accordance with the advice of the Prime Minister or in accordance with the advice of the Leader of the Opposition, if the Governor-General, acting in accordance with the advice of the Prime Minister or in accordance with the advice of the Leader of the Opposition, as the case may be, by instrument under the Public Seal, declares the seat of that Senator to be vacant.

2. The President of the Senate may grant leave to any Senator to be absent from Barbados for any period not exceeding six months at any one time.

3. a. If the circumstances such as are referred to in subsection (1)(e) arise because a Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections and if it is open to the Senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a Senator but, subject to paragraph (b), he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the President of the Senate may, at the request of the said Senator, from time to time extend that period for further periods of thirty days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the Senate.

b. If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.

c. If at any time before the Senator vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) and he may resume the performance of his functions as a Senator.

President and Deputy President of Senate

40. 1. When the Senate first meets after any dissolution of Parliament and before it proceeds to the despatch of any other business, it shall elect a Senator, not being a Minister or Parliamentary Secretary, to be President of the Senate; and whenever the office of President becomes vacant for any reason other than a dissolution of Parliament, the Senate shall, not later than its second sitting after the vacancy has arisen, elect another Senator to fill that office.

2. When the Senate first meets after any dissolution of Parliament, it shall, as soon as practicable, elect a Senator, not being a Minister or Parliamentary Secretary, to be Deputy President of the Senate; and whenever the office of Deputy President becomes vacant for any reason other than a dissolution of Parliament, the Senate shall, as soon as convenient, elect another Senator to fill that office.

3. A person shall vacate the office of President or Deputy President of the Senate -

a. if he announces the resignation of his office to the Senate or if, by writing under his hand addressed, in the case of the President, to the Clerk of the Senate or, in the case of the Deputy President, to the President (or, if the office of President is vacant or the President is absent from Barbados, to the Clerk), he resigns that office;

b. if he ceases to be a Senator:

Provided that the President shall not vacate his office by reason only that he has ceased to be a Senator on a dissolution o Parliament, until the Senate first meets after such dissolution;

c. if he is appointed to be a Minister or Parliamentary Secretary;

d. if, by virtue of the provisions of section 39(3), he is required to cease to perform his functions as a Senator; or

e. in the case of the Deputy President, if he is elected to be President.

House of Assembly

41. 1. The House of Assembly shall consist of twenty four members or such greater number of members as Parliament may prescribe.

2. The members of the House (who shall be known as "Members of Parliament") shall be persons who, being qualified for election as such in accordance with the provisions of this Constitution, have been so elected in the manner provided by any law in force in Barbados.

Electoral law

42. 1. Any law providing for the election of members of the House of Assembly shall -

a. contain provisions for the division of Barbados into constituences; and

b. contain provisions designed to ensure that so far as is practicable any person entitled to vote at an election of members of the House.

c. contain provisions relating to the conduct of elections of members of the House of Assembly, including provisions relating to the identification of electors, designed to ensure that so far as is practicable no person shall vote at an election of a member of the House of Assembly -

i. who is not entitled to vote; or

ii. when he is not entitled to vote; or

iii. where he is not entitled to vote.

2. No election of a member of the House of Assembly shall be called in question on the ground that the law under which that election was conducted was inconsistent with this section.

Qualifications for membership of the Assembly

43. Subject to the provisions of section 44, any person who -

a. is a Commonwealth citizen of the age of twenty one years or upwards; and

b. has such connection with Barbados by residence therein as may be prescribed by Parliament,

shall be qualified to be elected as a member of the House of Assembly.

Disqualifications for membership of the Assembly

44. 1. No person shall be qualified to be elected as a member of the House of Assembly who -

a. is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State;

b. holds or is acting in the office of a Judge, the Director of Public Prosecutions or the Auditor General;

c. is a clerk in holy orders or other minister of religion;

d. is under sentence of death imposed by a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

e. is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Barbados;

f. has been adjudged or otherwise declared bankrupt under any law in force in Barbados and has not been discharged;

g. is disqualified for membership of the House of Assembly by or under any law in force in Barbados by reason of his having been convicted or reported guilty of any corrupt or illegal practice at elections;

h. is disqualified for such membership by or under any such law by reason of his having been convicted of making a false declaration of qualification for election;

i. is disqualified for such membership by or under any such law on any ground not mentioned in the foregoing provisions of this subsection, being a ground for disqualification for membership of the the House of Assembly by or under any law, other than the Representation of the People Act 1957(a), in force in Barbados immediately before 30th November 1966.

2. Without prejudice to the provisions of subsection (1)(b) and (c), Parliament may provide that, subject to such exceptions and limitations as Parliament may prescribe, a person shall not be qualified to be elected as a member of the House of Assembly if -

a. he holds or is acting in any office or appointment prescribed by Parliament either individually or by reference to a class of office or appointment;

b. he belongs to any armed force of Barbados or to any class of person that is comprised in any such force; or

c. he belongs to any police force of Barbados or to any class of person that is comprised in any such force.

3. For the purposes of subsection (1)(d)

a. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds six months, but if any of those sentences exceeds that term they shall be regarded as one sentence; and

b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

Tenure of seats of members of Assembly

45. 1. The seat of a member of the House of Assembly shall become vacant -

a. upon the next dissolution of Parliament after he has been appointed;

b. if he resigns it in such manner as may be provided by any law in force in Barbados or, subject to any such law, by the Standing Orders of the House;

c. if he is absent from the sittings of the House of Assembly for such period and in such circumstances as may be provided by any law in force in Barbados or, subject to any such law, by the Standing Orders of the House;

d. if he ceases to be a Commonwealth citizen;

e. if the contravenes the provisions of section 59 (relating to the taking of the oath of allegiance) or any provision requiring him to make a declaration of qualification for election before taking part in the proceedings of the House of Assembly contained in any law in force in Barbados;

f. subject to the provisions of subsection (2), if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified for election as such by virtue of section 44(1) or any law enacted in pursuance of section 44(2).

2. a. If circumstances such as are referred to in subsection (1)(f) arise because a member is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections or of making a false declaration of qualification and if it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member but, subject to paragraph (b), he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the Speaker may, at the request of the member, form time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the House of Assembly.

b. If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.