Article 107 Interpretation

In this Constitution, unless the context otherwise requires—

• “Chief Justice” means the Chief Justice referred to in the Supreme Court Order 1967^f1;

• “Court of Appeal” means the Court of Appeal established by the Supreme Court Order 1967;

• “Deputy Speaker” means the member of the Legislative Assembly elected by the Assembly as Deputy Speaker under section 59;

• “financial year” means the period of twelve months beginning on the first day of January in any year or such other day as the Legislature may prescribe by law;

• “functions” includes powers and duties;

• “Gazette” means the official Gazette of Montserrat;

• “Government” means the Government of Montserrat;

• “High Court” means the High Court established by the Supreme Court Order 1967;

• “judiciary” means any court having jurisdiction in Montserrat and includes any member or officer of such court;

• “law” includes any subsidiary instrument;

• “Legislature” means the Legislature established by section 47;

• “Leader of the Opposition” means the person appointed as such under section 61;

• “meeting” means any sitting or sittings of the Legislative Assembly commencing when the Assembly first meets after being summoned at any time and terminating when the Assembly is adjourned sine die or at the conclusion of a session;

• “Minister” means a person appointed as Premier or other Minister under section 33;

• “Minister of Finance” means the Minister for the time being responsible for finance;

• “misbehaviour” means behaviour that renders a person unfit to discharge his or her duties;

• “political party” means an organisation that sponsors or supports, or that at any time sponsored or otherwise supported, a candidate for election to the Legislative Assembly;

• “Premier” means the person appointed as such under section 33(1);

• “public office” means, subject to section 108, an office of emolument in the public service, but does not include service as a judge of the High Court or the Court of Appeal or as a Magistrate;

• “public officer” means the holder of any public office and includes any person appointed to act in any such office;

• “public service” means the service of the Crown in a civil capacity in respect of the government of Montserrat;

• “session” means the meetings of the Legislative Assembly commencing when the Assembly first meets after its prorogation or dissolution at any time, and terminating when the Assembly is next prorogued or is dissolved without having been prorogued;

• “sitting” means a period during which the Legislative Assembly is sitting continuously without adjournment, and includes any period during which the Assembly is in Committee;

• “Speaker” means the person elected as Speaker by the Legislative Assembly under section 59;

• “Standing Orders” means the Standing Orders of the Legislative Assembly made under section 72;

• “subsidiary instrument” means any proclamation, regulation, order, rule or other like instrument having the force of law.

For the purposes of this Constitution, a person shall be regarded as a Montserratian if that person—

Unless it is otherwise provided or the context otherwise requires, a reference in this Constitution to the holder of an office by the term designating his or her office shall be construed as a reference to any person for the time being lawfully performing the functions of that office.