Constitution of The Bahamas

ContentsChapter V. ParliamentPart VI. Delimitation of Constituencies

Article 69. Constituencies CommissionConstituencies Commission

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69.

In briefCreates a five-member Constituencies Commission chaired by the Speaker, and sets out its membership, vacancies, acting appointments and the three-member agreement needed for decisions.

(1)

There shall be a Constituencies Commission for The Bahamas (in this and the next following Article referred to as "the Commission")

There is a Constituencies Commission for The Bahamas (called "the Commission" in this Article and the next).

(2)

The Members of the Commission shall be-

The members of the Commission are:

(a)

the Speaker who shall be Chairman;

the Speaker, who is Chairman;

(b)

a Justice of the Supreme Court who shall be Deputy Chairman and shall be appointed by the Governor-General acting on the recommendation of the Chief Justice;

a Justice of the Supreme Court, who is Deputy Chairman and is appointed by the Governor-General on the recommendation of the Chief Justice;

(c)

two members of the House of Assembly who shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister; and

two members of the House of Assembly appointed by the Governor-General on the advice of the Prime Minister; and

(d)

one member of the House of Assembly who shall be appointed by the Governor-General acting in accordance with the advice of the Leader of the Opposition.

one member of the House of Assembly appointed by the Governor-General on the advice of the Leader of the Opposition.

(3)

The office of a member of the Commission shall become vacant-

The office of a member of the Commission becomes vacant:

(a)

if he ceases to be the Speaker, a Justice of the Supreme Court or a member of the House of Assembly, as the case may be; or

if the member stops being the Speaker, a Justice of the Supreme Court or a member of the House of Assembly, as the case may be; or

(b)

in the case of a member appointed under sub-paragraph (2)(b), (c) or

in the case of a member appointed under sub-paragraph (2)(b), (c) or

(d)

of this Article, if his appointment is revoked by the Governor-General.

(d) of this Article, if the Governor-General revokes the appointment.

(4)

If the office of a member of the Commission, appointed under sub-paragraph (2)(b), (c) or (d) of this Article is vacant or any such member is for any reason unable to perform the functions of his office, the Governor-General may appoint a person qualified for appointment under the said sub-paragraph (b), (c) or (d), as the case may be, to act in the office of that member and any person so appointed may continue so to act until his appointment is revoked.

If the office of a member of the Commission appointed under sub-paragraph (2)(b), (c) or (d) of this Article is vacant, or such a member is for any reason unable to perform the functions of the office, the Governor-General may appoint a person who qualifies for appointment under that sub-paragraph (b), (c) or (d), as the case may be, to act in the office of that member. A person so appointed may continue to act until the appointment is revoked.

(5)

In revoking the appointment of a member of the Commission under sub-paragraph (3)(b) of this Article, and in making or revoking an appointment to act in the office of a member of the Commission under paragraph (4) of this Article, the Governor- General shall act in the same manner as he would act if he were making an appointment to the office of that member under paragraph (2) of this Article.

When revoking the appointment of a member of the Commission under sub-paragraph (3)(b) of this Article, and when making or revoking an acting appointment under paragraph (4) of this Article, the Governor-General must act in the same way as when making an appointment to the office of that member under paragraph (2) of this Article.

(6)

Any decision of the Commission shall require the concurrence of not less than three members of the Commission.

Any decision of the Commission needs the agreement of at least three members of the Commission.

(7)

Subject to the provisions of paragraph (6) of this Article, the Commission may act notwithstanding a vacancy in its membership, and no proceedings of the Commission shall be invalidated by reason only that some person not entitled to do so has taken part in them.

Subject to paragraph (6) of this Article, the Commission may act even if there is a vacancy in its membership, and its proceedings are not invalid only because a person who was not entitled to take part did so.

Constituencies CommissionConstituencies Commission

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