Constitution of The Bahamas

ContentsChapter V. ParliamentPart IV. Powers and Procedure of Parliament

Article 61. Restriction on powers of Senate as to Bills other than Money BillsSenate's limited power over other Bills

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61.

In briefA non-Money Bill passed by the House in two successive sessions at least nine months apart, and rejected twice by the Senate, can go for assent without the Senate.

(1)

If any Bill other than a Money Bill is passed by the House of Assembly in two successive sessions (whether or not Parliament is dissolved between those sessions) and, having been sent to the Senate in each of those sessions at least one month before the end of the session, is rejected by the Senate in each of those sessions, that Bill shall, on its rejection for the second time by the Senate, unless the House of Assembly otherwise resolves, be presented to the Governor-General for assent notwithstanding that the Senate has not consented to the Bill:

Suppose the House of Assembly passes a Bill other than a Money Bill in two successive sessions (whether or not Parliament is dissolved between them), sends it to the Senate in each session at least one month before the end of that session, and the Senate rejects it in each session. When the Senate rejects it the second time, the Bill must be presented to the Governor-General for assent (formal approval) even though the Senate has not consented to it, unless the House of Assembly resolves otherwise:

Provided that the foregoing provisions of this paragraph shall not have effect unless at least nine months have elapsed between the date on which the Bill is passed by the House of Assembly in the first session and the date on which it is passed by the House of Assembly in the second session.

But this paragraph does not apply unless at least nine months have passed between the date on which the House of Assembly passed the Bill in the first session and the date on which it passed the Bill in the second session.

(2)

For the purposes of this Article a Bill that is sent to the Senate from the House of Assembly in any session shall be deemed to be the same Bill as a former Bill sent tot the Senate in the preceding session if, when it is sent tot the Senate, it is identical with the former Bill or contains only such alterations as are certified by the Speaker to be necessary owing to the time that has elapse since the date of the former Bill or to represent any amendments which have been made by the Senate in the former Bill in the preceding session.

For the purposes of this Article, a Bill sent to the Senate from the House of Assembly in any session is treated as the same Bill as a former Bill sent to the Senate in the previous session if, when it is sent to the Senate, it is identical to the former Bill or contains only changes that the Speaker certifies are needed because of the time that has passed since the date of the former Bill, or that represent amendments the Senate made to the former Bill in the previous session.

(3)

The House of Assembly may, if it thinks fit, on the passage through the House of a Bill that is deemed to be the same Bill as a former Bill sent to the Senate in the preceding session, suggest any amendments without inserting the amendments in the Bill, and any such amendments shall be considered by the Senate, and, if agreed to by the Senate, shall be treated as amendments made by the Senate and agreed to by the House of Assembly; but the exercise of this power by the House of Assembly shall Provisions relating not affect the operation of this Article in the event of the rejection of the Bill in the Senate.

When a Bill that is treated as the same Bill as a former Bill sent to the Senate in the previous session passes through the House of Assembly, the House may, if it thinks fit, suggest amendments without inserting them in the Bill. The Senate must consider those amendments and, if it agrees to them, they are treated as amendments made by the Senate and agreed to by the House of Assembly. The House of Assembly's use of this power does not affect how this Article operates if the Senate rejects the Bill.

(4)

There shall be inserted in any Bill that is presented to the Governor- General for assent in pursuance of this Article any amendments that are certified by the Speaker to have been made in the Bill by the Senate in the second session and agreed to by the Assembly.

Any amendments that the Speaker certifies were made to the Bill by the Senate in the second session and agreed to by the Assembly must be inserted in a Bill presented to the Governor-General for assent under this Article.

(5)

There shall be endorsed on any Bill that is presented to the Governor- General for assent in pursuance of this Article the certificate of the Speaker signed by him that the provisions of this Article have been complied with.

A Bill presented to the Governor-General for assent under this Article must carry a certificate signed by the Speaker stating that the requirements of this Article have been met.

(6)

The prisons of this Article shall not apply to a Bill which is required by Article 54 of this Constitution to be passed by both Houses.

This Article does not apply to a Bill that Article 54 of this Constitution requires to be passed by both Houses.

Restriction on powers of Senate as to Bills other than Money BillsSenate's limited power over other Bills

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