{
  "url": "https://openlegislation.uk/montserrat-constitution-order-2010/article-78",
  "json_url": "https://openlegislation.uk/montserrat-constitution-order-2010/article-78.json",
  "legislation": "uksi/2010/2474",
  "legislation_title": "The Montserrat Constitution Order 2010",
  "legislation_url": "https://openlegislation.uk/montserrat-constitution-order-2010",
  "path": "article/78",
  "kind": "article",
  "number": "78",
  "heading": "Establishment and functions of Electoral Commission",
  "text": "(1) There shall be an Electoral Commission for Montserrat.\n(2) The Electoral Commission shall consist of—\n(a) a Chairman appointed by the Governor, acting in his or her discretion;\n(b) a member appointed by the Governor, acting in accordance with the advice of the Premier;\n(c) a member appointed by the Governor, acting in accordance with the advice of the Leader of the Opposition; and\n(d) a member to represent the public interest appointed by the Governor, acting after consultation with such representatives of civil society as the Governor, acting in his or her discretion, thinks appropriate.\n(3) A person shall not be qualified to be appointed as a member of the Electoral Commission if he or she is a public officer.\n(4) The Chairman or other member of the Electoral Commission shall vacate his or her office—\n(a) at the expiration of five years from the date of his or her appointment;\n(b) if he or she becomes a public officer; or\n(c) if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.\n(5) The Electoral Commission may regulate its own procedure and, with the consent of the Governor, acting in his or her discretion, may confer functions on any public officer or on any authority of the Government for the purpose of the discharge of its functions.\n(6) The Electoral Commission may act notwithstanding any vacancy in its membership (including any vacancy not filled when appointments of members are first made) and its proceedings shall be valid even though some person who was not entitled to do so took part in them; but any decision of the Commission shall require the concurrence of not less than three of its members.\n(7) The Electoral Commission shall—\n(a) have the functions conferred on it by sections 52(3), 79, 96(2) and 114(1);\n(b) supervise elections in Montserrat in accordance with any law regulating the conduct of elections; and\n(c) have such other functions as may be prescribed by Act of the Legislature.\n(8) An Act of the Legislature may make further provision, subject to this Constitution, for the functions and procedures of the Electoral Commission, and for the protection, privileges and remuneration of members of the Commission.\n(9) In the exercise of its functions, the Electoral Commission shall not be subject to the direction or control of any other person or authority.",
  "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/78",
    "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."
}