Article 6 Existing offices

Where any office (other than that of Minister but including that of Chief Justice) has been established by or under the existing Orders and the Constitution establishes a similar or an equivalent office, any person who immediately before Independence Day holds or is acting in the former office shall, as far as is consistent with the provisions of the Constitution, be deemed to have been appointed or elected as from that day to hold or to act in the latter office in accordance with the provisions of the Constitution and to have taken any necessary oath under the Constitution:

Provided that any person who, under the existing Orders or under any existing law, would have been required to vacate his office at the expiration of any period or on the attainment of any age shall, unless earlier removed in accordance with the Constitution, vacate his office at the expiration of that period or upon the attainment of that age.

Where any office of Minister (other than the office of Chief Minister) is established under the existing Orders immediately before Independence Day, an equivalent office shall be deemed to have been established as from that day under the Constitution, and any person holding that office immediately before that day shall be deemed to have been appointed, immediately after the assumption of office by the first Beretitenti of the Republic of Kiribati, to hold the equivalent office in accordance with the provisions of the Constitution.

In this section “existing law” means such a law as is referred to in section 5(6) of this Order.