Article 4 Insertion of new section 19A in Constitution.

The following new section is inserted in the Constitution after section 19–

“Office of Deputy Governor.

19A

(1)

There shall be a Deputy Governor who shall be appointed by the Governor in pursuance of instructions given by Her Majesty through a Secretary of State and shall hold office during Her Majesty’s pleasure.

(2)

Subject to the provisions of subsection (3) of this section, the Deputy Governor shall assist the Governor in the exercise of his functions relating to matters for which he is responsible under this Constitution.

(3)

The Governor, acting in his discretion, may by writing under his hand, authorise the Deputy Governor to exercise for and on behalf of the Governor, subject to such exceptions and conditions as the Governor may from time to time specify, any or all of the functions of the office of Governor.

(4)

The powers and authority of the Governor shall not be affected by any authority of the Deputy Governor under subsection (3) of this section and, subject to the provisions of this Constitution and of any law by which any function which the Deputy Governor is authorised to exercise is conferred, the Deputy Governor shall comply with such instructions relating to the exercise of that function as the Governor, acting in his discretion, may from time to time address to him:

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

(5)

Any authority given under subsection (3) of this section may at any time be varied or revoked by Her Majesty by instructions given through a Secretary of State or by the Governor, acting in his discretion, by writing under his hand.

(6)

In subsection (3) of this section the reference to any functions of the office of Governor does not include a reference to–

(a)

the functions conferred upon the Governor by this section; or

(b)

any functions conferred upon the Governor by any Act of the Parliament of the United Kingdom or by any Order of Her Majesty in Council or other instrument made under any such Act other than the Anguilla Act 1980.^f1

(7)

If the office of Deputy Governor is vacant or the person holding that office is acting in the office of Governor under section 20 of this Constitution or is for any other reason unable to perform the functions of the office of Deputy Governor, then the Governor, acting in his discretion, may appoint a person to act as Deputy Governor and any such person shall continue to act until his appointment is revoked by the Governor, acting in his discretion.”.