Paragraph 37H Acting MinisterF1

(1)

Whenever a Minister other than the Chief Minister is absent from St Helena or otherwise temporarily unable to discharge the functions of his or her office, the Governor, acting in accordance with the advice of the Chief Minister, may, by instrument under the public seal—

(a)

assign responsibility for the performance of that Minister’s functions to another Minister, including the Chief Minister; or

(b)

appoint an elected member of the Legislative Council to be a temporary Minister,

and may specify the period for which such person shall perform the functions of that Minister or shall be a temporary Minister.

(2)

If, after a dissolution of the Legislative Council and before the next general election, the Chief Minister advises that a temporary Minister should be appointed, subsection (1) shall have effect as if the dissolution had not occurred.

(3)

If any assignment or appointment under subsection (1) has not sooner ended, it shall cease as soon as the Minister who has been absent from St Helena or otherwise temporarily unable to perform the functions of his or her office notifies the other Minister or the elected member 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)