# The St Helena, Ascension and Tristan da Cunha Constitution Order 2009, Paragraph 39: Summoning of and proceedings in Executive Council

Extent: E+W+S+N.I.

(1) The Executive Council shall be summoned by the Governor acting in his or her discretion; but the Governor shall summon the Executive Council if requested to do so by the Chief Minister.
(2) The agenda for the meeting shall comprise matters included at the request of the Governor, acting in his or her discretion, and matters included at the request of any Minister; and other business that is not on the agenda may be discussed at the meeting at the request of the person presiding or any Minister.
(3) No business except that of adjournment shall be transacted at any meeting of the Executive Council unless there are at least three Ministers present, one of whom must be the Chief Minister or his or her Deputy.
(4) Except so far as otherwise instructed by Her Majesty, generally or in a particular case, the Governor shall, so far as is practicable, attend and preside at meetings of the Executive Council.
(5) In the absence of the Governor, or Governor’s Deputy in the case of a subsisting appointment under section 28, from any meeting of the Executive Council, the Chief Minister or his or her Deputy shall preside at the meeting.
(6) Subject to subsection (3), the Executive Council shall not be disqualified from the transaction of business by reason only of a vacancy among its members or the absence of an appointment under section 37D(1)(b), 37F or 37H in a case where any of those sections applies; and the validity of the transaction of business in the Executive Council shall not be affected by reason only of the fact that some person who was not entitled so to do took part in the proceedings.
(7) The Governor, or any person presiding over a meeting of the Executive Council in his or her absence, acting in his or her discretion or at the request of the Chief Minister, may require any officer of the St Helena Public Service to attend a meeting of the Executive Council whenever he or she considers that the business before the Council renders the presence of that officer desirable.
(8) Subject to this Constitution, the Executive Council shall be free to regulate its own procedure which may include provision for remote attendance of members by way of electronic means.

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Source: https://www.legislation.gov.uk/uksi/2009/1751/schedule/paragraph/39 (the official version)
Page: https://openlegislation.uk/st-helena-ascension-and-tristan-da-cunha-constitution-order-2009/schedule/paragraph-39
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.