{
  "url": "https://openlegislation.uk/montserrat-constitution-order-2010/article-109",
  "json_url": "https://openlegislation.uk/montserrat-constitution-order-2010/article-109.json",
  "legislation": "uksi/2010/2474",
  "legislation_title": "The Montserrat Constitution Order 2010",
  "legislation_url": "https://openlegislation.uk/montserrat-constitution-order-2010",
  "path": "article/109",
  "kind": "article",
  "number": "109",
  "heading": "Appointments",
  "text": "(1) In this Constitution, unless it is otherwise provided or the context otherwise requires, any reference to power to make appointments to any public office shall be construed as including a reference to power to make appointments on promotion and transfer, appointments on contract and appointments to act in an office during any period when it is vacant or the holder of the office is absent from Montserrat or is for any other reason unable to perform the functions of the office.\n(2) Where the holder of any office constituted by or under this Constitution is on leave of absence pending the relinquishment of that office, the person or authority having power to make appointments to that office may appoint another person to that office; and where two or more persons concurrently hold the same office by virtue of an appointment made in pursuance of this subsection, the person last appointed shall, in respect of any function conferred on the holder of that office, be deemed to be the sole holder of the office.\n(3) Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in an office if the holder of the office is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2010/2474/article/109",
    "retrieved_at": "2026-10-29T02:28:47.374452+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}