# The Montserrat Constitution Order 1989, Paragraph 4: Exercise of Governor’s functions.


(1) In the exercise of his functions the Governor shall, subject to the following provisions of this section, obtain and act in accordance with the advice of the Executive Council, except—
(a) when acting under instructions given to him by Her Majesty through a Secretary of State;
(b) when exercising any function conferred upon him by this Constitution which is expressed to be exercisable by him in his discretion or in accordance with the advice of, or after consultation with, any person or authority other than the Executive Council;
(c) when exercising any function conferred upon him by any other law in terms which authorise him to exercise that function without obtaining the advice of the Executive Council; or
(d) in any case which, in his judgment, involves a matter for which he is responsible under section 16(1)(e) of this Constitution.
(2) The Governor shall not be required to obtain the advice of the Executive Council in any case in which, in his judgment, the urgency of the matter requires him to act before the Council can be consulted or the question for decision is too unimportant to require their advice; but in any such case of urgency he shall, as soon as is practicable, communicate to the Council the measures that he has adopted and the reasons therefor.
(3) The Governor shall not be obliged to act in accordance with the advice of the Executive Council in any case which, in his judgment, involves a matter for which he is responsible under section 16 of this Constitution.
(4) Where the Governor is by this Constitution or any other law directed to exercise any function after consultation with any person or authority other than the Executive Council he shall not be obliged to exercise that function in accordance with the advice of that person or authority.
(5) Where the Governor is by this Constitution or any other law directed to exercise any function in accordance with the advice of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be enquired into by any court.

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Source: https://www.legislation.gov.uk/uksi/1989/2401/schedule/2/paragraph/4 (the official version)
Page: https://openlegislation.uk/montserrat-constitution-order-1989/schedule-2/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.