Paragraph 29 Tenure of office of nominated and elected members.

if he resigns it by writing under his hand addressed to the Governor;

if he is absent from the sittings of the Council for such period and in such circumstances as may be prescribed in the Standing Orders of the Council;

if he ceases to be qualified in accordance with section 27 of this Constitution;

if any circumstances arise that, if he were not a member of the Council, would cause him to be disqualified for appointment or election as such by virtue of paragraphs (a), (b), (c), (d), (f), (h) or (in the case of an elected member) (i) of section 28(1) of this Constitution;

if he becomes a party to any contract with the Government of Montserrat for or on account of the public service, or if any firm in which he is a partner, or any company of which he is a director or manager, becomes a party to any such contract, or if he becomes a partner in a firm, or a director or manager of a company, which is a party to any such contract:

Provided that, if in the circumstances it appears to the Governor (in the case of a nominated member) or to the Council (in the case of an elected member) to be just so to do, the Governor, acting in his discretion, or the Council (as the case may be) may exempt any member from vacating his seat under the provisions of this paragraph if that member, before becoming a party to such contract as aforesaid, or before or as soon as practicable thereafter becoming otherwise interested in such contract (whether as a partner in a firm or as a director or manager of a company) discloses to the Governor or to the Council (as the case may be) the nature of such contract and his interest, or the interest of such firm or company, therein.

Subject to paragraph (b) of this subsection, if any nominated or elected member of the Legislative Council is sentenced by a court of law in any Commonwealth country to death or to imprisonment (by whatever name called) for a term exceeding twelve months, he shall forthwith cease to perform his functions as a member of the Council and his seat in the Council shall become vacant at the expiration of a period of 30 days thereafter:

Provided that the Governor, acting in his discretion, may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue any appeal in respect of his conviction or sentence, save that extensions of time exceeding in the aggregate three hundred and thirty days shall not be given without the approval, signified by resolution, of the Council.

If at any time before the member vacates his seat he is granted a free pardon or his conviction is set aside or his sentence is reduced to a term of imprisonment of twelve months or less or a punishment other than imprisonment is substituted, his seat shall not become vacant under paragraph (a) of this subsection and he may resume the performance of his functions as a member.

For the purposes of this subsection—