(1) In this Constitution, unless the context otherwise requires-
"child", in relation to any other person, means a person of whom that other
person is a parent,
"citizen" means a citizen of Saint Christopher and Nevis and "citizenship"
shall be construed accordingly;
"Commonwealth citizen" has such meaning as Parliament may prescribe;
"defence force" means a naval, military or air force;
"dollars" means dollars in the currency of Saint Christopher and Nevis;
"financial year" means any period of twelve months beginning on 1st January
in any year or such other date as may be prescribed by any law enacted by
Parliament;
"the Gazette" means the official Gazette of Saint Christopher and Nevis;
"the Government" means Her Majesty's Government of Saint Christopher and
Nevis;
"grandparent", in relation to any other person, means a parent of one of his
parents;
"law" means any law in force in Saint Christopher and Nevis or any part
thereof, including any instrument having the force of law and any unwritten
rules of law and "lawful" and "lawfully" shall be construed accordingly;
"Leader of the Opposition" means the Leader of the Opposition in the National
Assembly;
"legal practitioner" means a person entitled to be in or to enter Saint
Christopher and Nevis and entitled to practice as a barrister in Saint
Christopher and Nevis or, except in relation to proceedings before a court in
which a solicitor has no right of audience, so entitled to practice as a
solicitor;
"the legislature" means Parliament;
Provided that in relation to any specified matter it includes the Nevis
Island Legislature;
"Minister" means a Minister of the Government;
"parent", in relation to any other person, includes-
a) any person who has adopted him in a manner recognized by law, and
b) in the case of a person born out of wedlock and not legitimated, his
mother and the person (if any) who acknowledges and can show that he is his
father or has been found by a court of competent jurisdiction to be his father.
but, in the case of a person who has been adopted, it does not include any
person who has relinquished his parental rights over him as a consequence of the
adoption.
"Parliament" means the Parliament of Saint Christopher and Nevis;
"oath" includes affirmation;
"oath of allegiance" means, the oath of secrecy set out in schedule 4;
"oath of office" means, in relation to any office, the oath for the due
execution of that office set out in schedule 4;
"oath of secrecy" means the oath of secrecy set out in schedule 4;
"the Police Force" means the Royal Saint Christopher and Nevis Police Force
and includes any other police force established to succeed to the functions of
that Force;
"proclamation" means a proclamation published in the Gazette or, if such
publications not reasonably practicable, published in Saint Christopher and
Nevis by such means as are reasonably practicable and effective;
"public office" means any office of emolument in the public service;
"public officer" means a person holding or acting in any public office;
"the public service" means, subject to the provisions of this section, the
service in a civil capacity of the Crown in right of the Government,
"session" means-
a) in relation to the National Assembly, the period beginning when it first
meets after Parliament has at any time been prorogue or dissolved and ending
when Parliament is prorogued or when Parliament is dissolved without having been
prorogued,
b) in relation to the Nevis Island Assembly, the period beginning when it
first meets after the Nevis Island Legislature has at any time been prorogued or
dissolved and ending when that Legislature is prorogued or when that Legislature
is dissolved without having been prorogued;
"sitting" means-
a) in relation to the National Assembly, the period during which it is
sitting continuously without adjournment and includes any period during which it
is in committee;
b) in relation to the Nevis Island Assembly, the period during which it is
sitting continuously without adjournment and includes any period during which it
is in committee;
"Speaker" and "Deputy Speaker" means the respective persons holding office as
Speaker and Deputy Speaker and Deputy Speaker of the National Assembly;
"specified matter" means, in relation to the government of the island of
Nevis, a matter specified in schedule 5 to this Constitution.
(2) In this Constitution references to an office in the public service shall
not be construed as including-
a) references to the office of the Speaker or Deputy Speaker, the Prime
Minister or any other Minister, a Parliamentary Secretary or a member of the
National Assembly;
b) references to the office of the president of the Nevis Island Assembly,
the Premier or any other member of the Nevis Island Administration or a member
of the Nevis Island Assembly;
c) references to the office of a member of any Commission established by this
Constitution or a member of the Advisory Committee on the Prerogative of Mercy
or a member of that Public Service Board of Appeal;
d) references to the office of judge or officer of the Supreme Court; or
e) save in so far as may be provided by Parliament, references to the office
of a member of any other council, board, panel, committee or other similar body
(whether incorporated on not established by or under any law:
(3) In this Constitution-
a) references to this Constitution, the Supreme Court Order, the British
Nationality Act 1948 of the British Nationality Act 1981, or any provision
thereof, including, unless otherwise provided, references to any law altering this
Constitution or that Order, Act or provision, as the case may be;
b) references to the Supreme Court, the Court of Appeal, the High Court and
the Judicial and Legal Services Commission are references to the Supreme Court,
the Court of Appeal, the High Court and the Judicial and Legal Services
Commission established by the Supreme Court Order;
c) references to the Chief Justice have the same meaning as in the Supreme
Court Order;
d) references to a judge of the Supreme Court are references to a judge of
the High Court or of the Court or of the Court of Appeal and, unless the context
otherwise requires, include references to a judge of the former Supreme Court of
the Windward Islands and Leeward Islands; and
e) references to officers of the Supreme Court are references to the Chief
Registrar and other officers of the Supreme Court appointed under the Supreme
Court Order.
(4) In this Constitution "the specified qualifications" means the
professional qualifications specified by or under any law, one of which must by
held by any person before he may apply under that law to be admitted to practice
as a barrister or a solicitor in Saint Christopher and Nevis:
(5) For the purposes of this Constitution, a person shall not be regarded as
holding an office by reason only of the fact that he is in receipt of a pension
or other like allowance.
(6) In this Constitution, unless the context otherwise requires, a reference
to the holder of an office by the term designating his office shall be construed
as including, to the extent of his authority, a reference to any person for the
time being authorized to exercise the functions of that office.
(7) Except in the case where this Constitution provides for the holder of any
office thereunder to be such person holding or acting in any other office as may
for the time being be designated in that behalf by some other specified person
or authority, no person may, without his consent, be nominated for election to
any such office or be appointed to or to act therein or otherwise be selected
therefor.
(8) References in this Constitution to the power to remove a public officer
from his office shall be construed as including references to any power
conferred by any law to require or permit that officer to retire from the public
service:
Provided that-
a) nothing in this subsection shall be construed as conferring on any person
or authority the power to require the Director of Public Prosecutions or the
Director of Audit to retire from the public service; and
b) any power conferred by any law to permit a person to retire from the
public service shall, in the case of any public officer who may be removed from
office by some person or authority other than a Commission established by this
Constitution, vested in the Public Service Commission.
(9) Any provisions in this Constitution that vest in any person or authority
the power to remove any public officer from his office shall be without
prejudice to the power of any person or authority to abolish any office of to
any law providing for the compulsory retirement of a public officers generally
or any class of public officer on attaining an age specified by or under that
law.
(10) Where this Constitution vests in any person or authority the power to
appoint any person to act in, or to exercise the functions of, any office if the
holder thereof is himself unable to exercise those functions, no such appointment
shall be called in question on the grounds that the holder of the office was not
unable to exercise those functions.
(11) No provisions of this Constitution that any person or authority shall
not be subject to the direction or control of any other person or authority in
the exercise of any function under this Constitution shall be construed as
precluding a court of law from exercising jurisdiction in relation to any
question whether that person or authority has exercised those functions in
accordance with this Constitution or any other law.
(12) Without prejudice to section 14 of the Interpretation Act 1978 (a) (as
applied by subsection (17) of this section), where any power is conferred by
this Constitution to make any proclamation, regulation or rule or give any
direction or make any designation, the power shall be construed as including the
power, exercisable in like manner and subject to the like conditions, if any, to
amend or revoke any such proclamation, regulation, rule direction or
designation.
(13) Subject to subsection 3(a), any reference in this Constitution to a law
made before 19th September 1983 shall, unless the context otherwise requires, be
construed as a reference to that law as it has effect immediately before that
date.
(14) In this Constitution references to altering this Constitution or any
other law, or any provisions thereof, include references-
a) to revoking it with or without re-enactment thereof of the making of
different provision in lieu thereof;
b) to modifying it whether by omitting or amending any of its provisions or
inserting additional provisions in it or otherwise; and
c) to suspending its operation for any period or terminating any such
suspension.
(15) In this Constitution any reference to a time when Her Majesty is at war
shall be construed as a reference to a time when Saint Christopher and Nevis is
engaged in hostilities with another country.
(16) In this Constitution any reference to land or buildings vested in the
Crown includes a reference to any land or buildings vested in any person or
authority in trust for, or otherwise on behalf of, the Crown-
(17) The Interpretation Act 1978 shall apply, with the necessary adaptations,
for the purpose of interpreting this Constitution and otherwise in relation
thereto as it applies for the purpose of interpreting and in relation to Acts of
the Parliament of the United Kingdom.