Paragraph 37D Appointment and dismissal of Ministers (other than the Chief Minister) and allocation of portfolios at other timesF1

(1)

On the recommendation of the Chief Minister, the Governor shall, by instrument under the public seal—

(a)

revoke the appointment of a Minister;

(b)

appoint an elected member of the Legislative Council as a Minister to fill a vacancy in the Executive Council or bring the number of Ministers (other than the Chief Minister) up to four; or

(c)

assign or reassign the portfolio or portfolios allocated to any Minister.

(2)

If, after a dissolution of the Legislative Council and before the next general election, the Chief Minister recommends that a Minister should be appointed, subsection (l)(b) shall have effect as if the dissolution had not occurred.

(3)

If, within seven days after the occurrence of a vacancy in the Executive Council that has reduced the number of Ministers (other than the Chief Minister) below the minimum of four, the Chief Minister does not recommend the appointment of an elected member of the Legislative Council who has consented to the nomination to fill the vacancy, the Chief Minister shall be deemed to have tendered to the Governor his or her resignation from that office.

Annotations

Textual amendments

F1: Sch. ss. 37A-37H inserted (coming into force in accordance with art. 1(3) of the amending S.I.) by The St Helena, Ascension and Tristan da Cunha Constitution (Amendment) Order 2021 (S.I. 2021/895), art. 2(7)

Notes on Schedule

Modifications

C1: Sch. modified (22.8.2020) by The Overseas Territories (Constitutional Modifications) Order 2020 (S.I. 2020/780), arts. 1(2), 3(2)

Commencement

I1: Sch. in force at 1.9.2009, see art. 1(3)