OpenLegislation

Article 59 Speaker and Deputy Speaker

Original text. Later amendments are not shown.

(1)

When the Legislative Assembly first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be the Speaker of the Assembly.

(2)

If the office of Speaker falls vacant for any reason other than a dissolution of the Legislative Assembly, the Assembly shall, as soon as practicable, elect another person to that office.

(3)

The Speaker shall be elected from among the elected members of the Legislative Assembly who are not members of the Cabinet, or from among persons who are not members of the Assembly; but no person shall be elected as Speaker if—

(a)

he or she is not qualified in accordance with section 51; or

(b)

he or she is a person disqualified for election as an elected member of the Assembly by virtue of any provision of section 52(1) other than paragraph (d).

(4)

When the Legislative Assembly first meets after any general election and before it proceeds to the despatch of any other business except the election of the Speaker, it shall elect a member of the Assembly who is not a member of the Cabinet to be Deputy Speaker of the Assembly.

(5)

If the office of Deputy Speaker falls vacant for any reason other than a dissolution of the Legislative Assembly, the Assembly shall, as soon as practicable, elect another such member to that office.

(6)

A person shall vacate the office of Speaker or Deputy Speaker—

(a)

on a dissolution of the Legislative Assembly; but a person so vacating the office of Speaker shall be entitled to continue receiving the benefits and privileges of that office until another person is elected to that office;

(b)

if he or she announces his or her resignation from his or her office to the Assembly or if by writing under his or her hand addressed to the Assembly and received by the Clerk of the Assembly he or she resigns that office; or

(c)

if he or she becomes a member of the Cabinet.

(7)

A person shall also vacate the office of Speaker—

(a)

if he or she ceases to be qualified in accordance with section 51;

(b)

if any circumstances arise that would cause him or her to be disqualified for election as an elected member of the Legislative Assembly by virtue of any provision of section 52(1) other than paragraph (d);

(c)

on the expiration of a period of 30 days from the date of his or her election if he or she was at that date a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government and if, before the expiration of that period, he or she has not disclosed to the Assembly the nature of such contract and his or her interest, or the interest of such firm or company, in it, and the Assembly has not exempted him or her from vacating his or her office under this paragraph:

(d)

if any circumstances arise that, if he or she is or were an elected member, would cause him or her to vacate his or her seat under section 53(3)(e); or

(e)

if a motion of no confidence in the Speaker receives in the Legislative Assembly the votes of at least two-thirds of all the elected members of the Assembly.

(8)

A person shall also vacate the office of Deputy Speaker if he or she ceases to be a member of the Legislative Assembly for any reason other than a dissolution of the Assembly.