# The St Helena, Ascension and Tristan da Cunha Constitution Order 2009, Paragraph 37D: Appointment and dismissal of Ministers (other than the Chief Minister) and allocation of portfolios at other times


(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.

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Source: https://www.legislation.gov.uk/uksi/2009/1751/schedule/paragraph/37D (the official version)
Page: https://openlegislation.uk/st-helena-ascension-and-tristan-da-cunha-constitution-order-2009/schedule/paragraph-37D
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.