Paragraph 37F Acting Chief Minister and appointment of DeputyF1

(1)

Subject to subsection (5), whenever the Chief Minister is absent from St Helena or is otherwise unable to discharge the functions of the office, or the office of Chief Minister is vacant, the Governor shall authorise some other Minister to perform those functions.

(2)

In exercising his or her powers under subsection (1) the Governor shall—

(a)

act in accordance with the advice of the Chief Minister unless, in the Governor’s judgement, it is impracticable to obtain the Chief Minister’s advice owing to his or her infirmity of body or mind, or absence;

(b)

if it is impracticable to obtain the Chief Minister’s advice, act in accordance with the advice of the Executive Council unless, in his or her judgement, it is impracticable to do so owing to the urgency of the situation; or

(c)

if it is impracticable to obtain the advice of the Executive Council, act in his or her discretion.

(3)

Any authorisation under subsection (1) shall be given by the Governor by instrument under the public seal, and may be revoked in like manner.

(4)

If any authorisation under subsection (1) is not earlier so revoked, a Minister authorised to perform the functions of Chief Minister shall cease to perform those functions on being notified by the Chief Minister that he or she is about to resume those functions.

(5)

For the purposes of subsection (1), the Chief Minister shall not be regarded as absent from St Helena, or as unable to perform the functions of the office, at any time when there is a subsisting designation of a Deputy under subsection (6).

(6)

Whenever the Chief Minister is absent from St Helena or otherwise unable to discharge the functions of the office for a period that he or she has reason to believe will be of short duration, the Chief Minister may appoint, by instrument, any other Minister as his or her Deputy for the duration of such period and, in that capacity, to discharge on his or her behalf during such period such of the functions of the office of Chief Minister as may be specified in that instrument.

(7)

The power and authority of the Chief Minister shall not be abridged, altered or in any way affected by the appointment of a Deputy under subsection (6), and every such Deputy shall conform to and observe all instructions that the Chief Minister may from time to time address to him or her.

(8)

The appointment of a Minister as Deputy under subsection (6) continues for such period as may be specified by the Chief Minister, and a Minister so appointed shall cease to discharge the functions of the office of Chief Minister on being notified by the Chief Minister that he or she is about to resume those functions.

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)