Constitution of The Bahamas

ContentsChapter V

Parliament

Articles 38 to 70, in 6 parts

Official text. Hover or tap any paragraph for its plain-English version.Plain-language edition, an unofficial restatement. Hover or tap any paragraph for the official wording, which alone has legal effect.

Articles in this chapter

Part IComposition of Parliament

38.

In briefCreates the Parliament of The Bahamas, made up of Her Majesty, a Senate and a House of Assembly.

There shall be a Parliament of The Bahamas which shall consist of Her majesty, a Senate and a House of Assembly.

There is a Parliament of The Bahamas. It is made up of Her Majesty, a Senate and a House of Assembly.

Establishment of ParliamentParliament is established

Part IIThe Senate

39.

In briefSets the Senate at sixteen Senators appointed by the Governor-General on the advice of the Prime Minister and the Leader of the Opposition, and fills vacancies the same way.

(1)

The Senate shall consist of sixteen members (in this Constitution referred to as "Senators") who shall be appointed by the Governor-General by instrument under the Public Seal in accordance with the provisions of this Article.

The Senate has sixteen members, called "Senators" in this Constitution. The Governor-General appoints them by an instrument (a formal written document) under the Public Seal (the official seal of The Bahamas), following the rules in this Article.

(2)

Nine Senators shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister.

The Governor-General appoints nine Senators on the advice of the Prime Minister.

(3)

Four Senators shall be appointed by the Governor-General acting in accordance with the advice of the Leader of the Opposition.

The Governor-General appoints four Senators on the advice of the Leader of the Opposition.

(4)

Three Senators shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister after consultation with the Leader of the Opposition.

The Governor-General appoints three Senators on the advice of the Prime Minister, given after the Prime Minister has consulted the Leader of the Opposition.

(5)

Whenever any person vacates his seat as a Senator for any reason other than a dissolution of Parliament, the Governor-General shall as soon as practicable appoint a person to fill the vacancy under the same provisions of this Article as those under which the person whose seat has became vacant was appointed.

Whenever a Senator's seat becomes vacant for any reason other than a dissolution of Parliament (the end of the life of a Parliament, so that a general election follows), the Governor-General must appoint someone to fill the vacancy as soon as practicable. The new Senator is appointed under the same provision of this Article as the Senator whose seat became vacant.

Composition of SenateHow the Senate is made up

40.

In briefWhen advising on the three Senators under Article 39(4), the Prime Minister must aim to make the Senate's political balance match that of the House of Assembly.

In the exercise of the functions conferred upon him by Article 39(4) of this Constitution, the purpose of the Prime Minister shall be to secure that the political balance of the Senate reflects that of the House of Assembly at the time.

When the Prime Minister carries out the functions given to him by Article 39(4) of this Constitution, his purpose must be to make sure that the political balance of the Senate reflects the political balance of the House of Assembly at the time.

Purpose and appointment of certain SenatorsKeeping the Senate politically balanced

41.

In briefA Senator must be a Bahamian citizen aged at least thirty who has ordinarily lived in The Bahamas for at least one year before appointment, subject to Article 42.

Subject to the provisions of Article 42 of this Constitution, a person shall be qualified to be appointed as a Senator if, and shall not be qualified to be so appointed unless, he is a citizen of The Bahamas, of the age of thirty years or upwards and has ordinarily resided in The Bahamas for a period of nor less tan one year immediately before the date of his appointment.

Subject to Article 42 of this Constitution, a person qualifies to be appointed as a Senator if, and only if, the person is a citizen of The Bahamas, is at least thirty years old, and has ordinarily lived in The Bahamas for at least one year immediately before the date of appointment.

Qualifications for appointment as SenatorWho can be a Senator

42.

In briefLists the circumstances, such as foreign citizenship, bankruptcy, serious sentences or an undisclosed government contract, that bar a person from appointment as a Senator, and lets Parliament add others.

(1)

No person shall be qualified to be appointed as a Senator who-

A person cannot be appointed as a Senator if the person:

(a)

is a citizen of a country other than The Bahamas having become such a citizen voluntarily;

is a citizen of a country other than The Bahamas, having become a citizen of that country voluntarily;

(b)

is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state; or

has, by their own act, acknowledged allegiance, obedience or adherence (loyalty) to a foreign power or state; or

(c)

is disqualified for membership of the Senate by any law in force in The Bahamas enacted in pursuance of paragraph (2) of this Article;

is disqualified from membership of the Senate by a law in force in The Bahamas made under paragraph (2) of this Article;

(d)

is a member of the House of Assembly;

is a member of the House of Assembly;

(e)

has been adjudged or otherwise declared bankrupt under any law in force in The Bahamas and has not been discharged;

has been adjudged (judged by a court) or otherwise declared bankrupt under a law in force in The Bahamas and has not been discharged (released from the bankruptcy);

(f)

is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in The Bahamas;

has been certified insane or otherwise adjudged to be of unsound mind under a law in force in The Bahamas;

(g)

is under sentence of death imposed on him by a court in The Bahamas, or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

is under a sentence of death imposed by a court in The Bahamas; or is serving a sentence of imprisonment (whatever it is called) of more than twelve months that was imposed by such a court, or that a competent authority substituted for some other sentence imposed by such a court; or is under such a sentence of imprisonment that has been suspended;

(h)

is disqualified for membership of the House of Assembly by virtue of any law in force in The Bahamas by reason of his having been convicted of any offence relating to elections; or

is disqualified from membership of the House of Assembly by a law in force in The Bahamas because of a conviction for an offence relating to elections; or

(i)

is interested in any government contract and has not disclosed to the Governor-General the nature of such contract and of his interest therein.

has an interest in a government contract and has not disclosed to the Governor-General the nature of the contract and of their interest in it.

(2)

Parliament may by law provide that, subject to such exceptions and limitations (if any) as may be prescribed therein, a person shall be disqualified for membership of the Senate by virtue of-

Parliament may by law provide that a person is disqualified from membership of the Senate, subject to any exceptions and limits set out in that law, because the person:

(a)

his holding or acting in any office or appointment specified (either individually or by reference to a class of office or appointment) by such law;

holds or acts in an office or appointment named in that law (either individually or as part of a class of office or appointment);

(b)

his belonging to any armed force of The Bahamas or to any class of person so specified that is comprised in any such force; or

belongs to an armed force of The Bahamas, or to a class of persons named in that law that forms part of such a force; or

(c)

his belonging to any police force of The Bahamas or to any class of person so specified that is comprised in any such force.

belongs to a police force of The Bahamas, or to a class of persons named in that law that forms part of such a force.

(3)

For the purposes of sub paragraph (1)(g) of this Article-

For the purposes of sub-paragraph (1)(g) of this Article:

(a)

two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentence exceeds that term they shall be regarded as one sentence; and

two or more sentences of imprisonment that must be served one after the other count as separate sentences if none of them is longer than twelve months, but if any one of them is longer than twelve months they count as one sentence; and

(b)

no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

a sentence of imprisonment imposed as an alternative to paying a fine, or for failing to pay a fine, is ignored.

Disqualifications for appointment as SenatorWho cannot be a Senator

43.

In briefLists the events that end a Senator's membership, including dissolution, resignation, long absence, loss of citizenship, disqualification or a government contract, with rules for appeals.

(1)

The seat of a Senator shall became vacant-

A Senator's seat becomes vacant:

(a)

upon the next dissolution of Parliament after he has been appointed;

on the next dissolution of Parliament (the end of the life of a Parliament, so that a general election follows) after the Senator was appointed;

(b)

if he resigns by writing under his hand addressed to the President of the Senate, or if the office of President is vacant or the President is absent from The Bahamas, to the Vice-President;

if the Senator resigns by a signed letter addressed to the President of the Senate or, if the office of President is vacant or the President is away from The Bahamas, to the Vice-President;

(c)

if, with his consent, he is nominated as a candidate for election to the House of Assembly;

if, with their consent, the Senator is nominated as a candidate for election to the House of Assembly;

(d)

if he is absent from The Bahamas for a period exceeding forty days at any time when the Senate is sitting, without the leave of the President given in accordance with the provisions of paragraph (2) of this Article;

if the Senator is away from The Bahamas for more than forty days at any time while the Senate is sitting, without the leave (permission) of the President given under paragraph (2) of this Article;

(e)

if he ceases to be a citizen of The Bahamas;

if the Senator stops being a citizen of The Bahamas;

(f)

subject to the provisions of paragraph (3) of this Article, if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of sub-paragraph (a), (b), (c), (e), (f), (g) or (h) of Article 42(1) of this Constitution or of any law enacted in pursuance of Article 42(2) of this Constitution;

subject to paragraph (3) of this Article, if any circumstances arise that would disqualify the Senator from being appointed under sub-paragraph (a), (b), (c), (e), (f), (g) or (h) of Article 42(1) of this Constitution, or under a law made under Article 42(2) of this Constitution, if the person were not already a Senator;

(g)

in the case of a Senator who was appointed as such in accordance with the advice of the Prime Minister or in accordance with the advice of the Leader of the Opposition or on the advice of the Prime Minister after consultation with the Leader of the Opposition, if the Governor-General, acting in accordance with the advice of the Prime Minister or in accordance with the advice of the Leader of the Opposition or on the advice of the Prime Minister after consultation with the Leader of the Opposition, as the case may be, by instrument under the Public Seal, declares the seat of that Senator to be vacant; or

for a Senator appointed on the advice of the Prime Minister, on the advice of the Leader of the Opposition, or on the advice of the Prime Minister after consulting the Leader of the Opposition, if the Governor-General declares the seat vacant by an instrument (a formal written document) under the Public Seal, acting on the advice of the Prime Minister, on the advice of the Leader of the Opposition, or on the advice of the Prime Minister after consulting the Leader of the Opposition, whichever applies to that Senator's appointment; or

(h)

if he becomes interested in any government contract:

if the Senator acquires an interest in a government contract:

Provided that-

But:

(i)

if in the circumstances it appears to the Senate to be just so to do, the Senate may exempt any Senator from vacating his seat under the provisions of this sub-paragraph, if that Senator, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the Senate the nature of such contract and his interest therein;

if the Senate thinks it just in the circumstances, it may excuse a Senator from losing their seat under this sub-paragraph, provided that the Senator discloses to the Senate the nature of the contract and their interest in it, either before acquiring the interest or as soon as practicable afterwards;

(ii)

if proceedings are taken under a law made under Article 45 of this Constitution to determine whether a Senator has vacated his seat under the provisions of this sub-paragraph he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that he was or had become interested in such contract; and

if proceedings are brought under a law made under Article 45 of this Constitution to decide whether a Senator has lost their seat under this sub-paragraph, the court must declare that the Senator has not lost the seat if the Senator satisfies the court that, acting reasonably, they did not know that they had or had acquired an interest in the contract; and

(iii)

no proceedings under the preceding sub-paragraph shall be instituted by any person other than a Senator or Member of the House of Assembly.

no one other than a Senator or a Member of the House of Assembly may bring proceedings under the preceding sub-paragraph.

(2)

The President of the Senate may grant leave to any Senator to be absent from The Bahamas for any period not exceeding six months at any one time.

The President of the Senate may give a Senator leave to be away from The Bahamas for up to six months at any one time.

(3)

If the circumstances such as are referred to in sub-paragraph (1)(f) of this Article arise because a Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections and if it is open to the Senator to appeal against the decision (either with the leave of a court of other authority or without such leave), he shall forthwith cease to perform his functions as a senator but, subject to paragraph (4) of this Article, he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Suppose circumstances of the kind described in sub-paragraph (1)(f) of this Article arise because a Senator is under sentence of death or imprisonment, has been adjudged to be of unsound mind, has been declared bankrupt, or has been convicted or reported guilty of a corrupt or illegal practice at elections, and the Senator can still appeal against the decision (either with the leave of a court or other authority, or without such leave). The Senator must immediately stop performing their functions as a Senator but, subject to paragraph (4) of this Article, does not lose the seat until thirty days have passed:

Provided that the President of the Senate may, at the request of the said Senator, from time to time extend that period for further periods of thirty days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval signified by resolution, of the Senate.

But the President of the Senate may, at the Senator's request, extend that period by further periods of thirty days at a time so that the Senator can pursue an appeal against the decision. Extensions adding up to more than one hundred and fifty days in total cannot be given without the approval of the Senate, signified by resolution (a formal vote).

(4)

If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal of for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.

If, when an appeal is decided, those circumstances still exist and the Senator has no further right of appeal, or if the Senator can no longer appeal because the time for lodging an appeal or notice of appeal has run out, leave to appeal has been refused, or for any other reason, the Senator must give up the seat immediately.

(5)

If at any time before the Senator vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (3) of this Article and he may resume the performance of his functions as a Senator.

If those circumstances stop existing at any time before the Senator gives up the seat, the seat does not become vacant at the end of the period referred to in paragraph (3) of this Article, and the Senator may resume their functions as a Senator.

Tenure of office of SenatorsWhen a Senator's seat becomes vacant

44.

In briefRequires the Senate to elect a President and a Vice-President from Senators who are not Ministers, and sets out when they leave office or step aside.

(1)

When the Senate first meets after this Constitution comes into operation or after any general election and before it proceeds to the dispatch of any other business, the Senate shall, in accordance with such procedure as may be prescribed by the rules of procedure of the Senate, elect a Senator to be President of the Senate; and, if the office of President falls vacant at any time, the Senate shall, as soon as practicable, proceed in like manner to fill the vacant office.

When the Senate first meets after this Constitution comes into operation, or after any general election, and before it deals with any other business, the Senate must elect a Senator to be President of the Senate, following the procedure set out in the Senate's rules of procedure. If the office of President becomes vacant at any time, the Senate must fill it in the same way as soon as practicable.

(2)

When the Senate first meets after this Constitution comes into operation or after any general election and before it proceeds to the dispatch of any other business except the election of the President it shall elect a Senator to be Vice-President of the Senate; and if the office of Vice-President falls vacant at any time, the Senate shall, as soon as practicable, elect a Senator to that office.

When the Senate first meets after this Constitution comes into operation, or after any general election, and before it deals with any business other than electing the President, it must elect a Senator to be Vice-President of the Senate. If the office of Vice-President becomes vacant at any time, the Senate must elect a Senator to that office as soon as practicable.

(3)

The Senate shall not elect a Senator who is a Minister or Parliamentary Secretary to be the President or Vice-President of the Senate.

The Senate cannot elect a Senator who is a Minister or a Parliamentary Secretary to be President or Vice-President of the Senate.

(4)

A person shall vacate the office of President or Vice-President of the Senate-

A person leaves the office of President or Vice-President of the Senate:

(a)

if he ceases to be a Senator;

if they stop being a Senator;

(b)

if he is appointed to be a Minister or Parliamentary Secretary;

if they are appointed as a Minister or Parliamentary Secretary;

(c)

if he announces the resignation of his office to the Senate or if, by writing under his hand addressed, in the case of the President, to the President (or, if the office of President is vacant of the President is absent from The Bahamas, to the Clerk), he resigns that office; or

if they announce their resignation from the office to the Senate, or resign from it by a signed letter addressed, in the case of the President, to the Clerk and, in the case of the Vice-President, to the President (or, if the office of President is vacant or the President is away from The Bahamas, to the Clerk); or

(d)

in the case of the Vice-President, if he is elected to be President.

in the case of the Vice-President, if they are elected President.

(5)

If, by virtue of Article 43(3) of this Constitution, the President or Vice-President is required to cease to perform his functions as a Senator he shall also cease to perform his functions as President or Vice-President, as the case may be, and those functions shall, until he vacates his seat in the Senate or resumes the performance of the functions of his office, be performed-

If, under Article 43(3) of this Constitution, the President or Vice-President must stop performing their functions as a Senator, they must also stop performing their functions as President or Vice-President. Until they give up their seat in the Senate or resume the functions of their office, those functions are performed:

(a)

in the case of the President, by the Vice-President or, if the office of Vice-President is vacant or the Vice-President is required to cease to perform his functions as a Senator by virtue of Article 43(3) of this Constitution, by such Senator (not being a Minister or Parliamentary Secretary) as the Senate may elected for the purpose;

in the case of the President, by the Vice-President or, if the office of Vice-President is vacant or the Vice-President must also stop performing their functions as a Senator under Article 43(3) of this Constitution, by a Senator (not a Minister or Parliamentary Secretary) elected by the Senate for that purpose;

(b)

in the case of the Vice-President, by such Senator (not being a Minister or Parliamentary Secretary) as the Senate may elect for the purpose.

in the case of the Vice-President, by a Senator (not a Minister or Parliamentary Secretary) elected by the Senate for that purpose.

(6)

If the President or Vice-President resumes the performance of his functions as a Senator in accordance with the provisions f Article 43(5) of this Constitution, he shall also resume the performance of his functions as President or Vice-President, as the case may be.

If the President or Vice-President resumes their functions as a Senator under Article 43(5) of this Constitution, they also resume their functions as President or Vice-President, as the case may be.

President and Vice-PresidentPresident and Vice-President of the Senate

45.

In briefGives the Supreme Court power to decide whether a person was validly appointed as a Senator or has lost their seat, with a judge's leave needed to start a case.

(1)

The Supreme Court shall have jurisdiction to hear and determine any question whether-

The Supreme Court has jurisdiction (legal authority) to hear and decide any question about whether:

(a)

any person has been validly appointed as a Senator; or

a person has been validly appointed as a Senator; or

(b)

any Senator has vacated his seat or is required under Article 43(3) of this Constitution to cease to perform his functions as a Senator.

a Senator has lost their seat, or must stop performing their functions as a Senator under Article 43(3) of this Constitution.

(2)

Subject to the following provisions of this Article and to the provisions of Article 43(1) of this Constitution, Parliament may by law make provision with respect to-

Subject to the rest of this Article and to Article 43(1) of this Constitution, Parliament may by law make provision about:

(a)

the institution of proceedings for the determination of any question referred to in paragraph (1) of this Article; and

how proceedings to decide a question mentioned in paragraph (1) of this Article are started; and

(b)

the powers, practice and procedure of the Supreme Court in relation to any such proceedings.

the powers, practice and procedure of the Supreme Court in such proceedings.

(3)

Proceedings for the determination of any question referred to in paragraph (1) of this Article shall not be instituted except with the leave of a Justice of the Supreme Court.

Proceedings to decide a question mentioned in paragraph (1) of this Article can only be started with the leave (permission) of a Justice of the Supreme Court.

(4)

No appeal shall lie from the decision of a Justice of the Supreme Court granting or refusing leave to institute proceedings in accordance with paragraph (3) of this Article.

There is no appeal against the decision of a Justice of the Supreme Court to grant or refuse leave to start proceedings under paragraph (3) of this Article.

Determination of questions as to membershipDeciding disputes about Senate membership

Part IIIHouse of Assembly

46.

In briefSets the House of Assembly at thirty-eight elected Members of Parliament, or more if an Order under Article 70 says so.

(1)

The House of Assembly shall consist of thirty-eight members or such greater number of members as may be specified by an Order made by the Governor-General in accordance with the provisions of Article 70 of this Constitution.

The House of Assembly has thirty-eight members, or a greater number if an Order made by the Governor-General under Article 70 of this Constitution says so.

(2)

The members of the House shall be known as "Members of Parliament" and shall be persons who, being qualified for election as Members of Parliament in accordance with the provisions of this Constitution, have been so elected in the manner provided by any law in force in The Bahamas.

The members of the House are known as "Members of Parliament". They must be persons who qualify for election as Members of Parliament under this Constitution and who have been elected in the way set out by a law in force in The Bahamas.

Composition of House of AssemblyHow the House of Assembly is made up

47.

In briefA candidate for the House of Assembly must be a Bahamian citizen aged at least twenty-one who has ordinarily lived in The Bahamas for a year, subject to Article 48.

Subject to the provisions of Article 48 of this Constitution a person shall be qualified to be elected as a member of the House of Assembly if, and shall not be qualified to be so elected unless, he-

Subject to Article 48 of this Constitution, a person qualifies to be elected as a member of the House of Assembly if, and only if, the person:

(a)

is a citizen of The Bahamas of the age of twenty-one years or upwards; and

is a citizen of The Bahamas and at least twenty-one years old; and

(b)

has ordinarily resided in The Bahamas for a period of not less than one year immediately before the date of his nomination for election.

has ordinarily lived in The Bahamas for at least one year immediately before the date of nomination for election.

Qualifications for membership of House of AssemblyWho can be elected to the House

48.

In briefLists the circumstances, such as foreign citizenship, bankruptcy, serious sentences, election offences or an undisclosed government contract, that bar a person from election to the House of Assembly.

(1)

No person shall be qualified to be elected as a member of the House of Assembly who-

A person cannot be elected as a member of the House of Assembly if the person:

(a)

is a citizen of a country other than The Bahamas having become such a citizen voluntarily;

is a citizen of a country other than The Bahamas, having become a citizen of that country voluntarily;

(b)

is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;

has, by their own act, acknowledged allegiance, obedience or adherence (loyalty) to a foreign power or state;

(c)

is disqualified for membership of the House of Assembly by any law enacted in pursuance of paragraph (2) of this Article;

is disqualified from membership of the House of Assembly by a law made under paragraph (2) of this Article;

(d)

has been adjudged or otherwise declared bankrupt under any law in force in The Bahamas and has not been discharged;

has been adjudged (judged by a court) or otherwise declared bankrupt under a law in force in The Bahamas and has not been discharged (released from the bankruptcy);

(e)

is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in The Bahamas;

has been certified insane or otherwise adjudged to be of unsound mind under a law in force in The Bahamas;

(f)

is under sentence of death imposed on him by a court in The Bahamas, or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

is under a sentence of death imposed by a court in The Bahamas; or is serving a sentence of imprisonment (whatever it is called) of more than twelve months that was imposed by such a court, or that a competent authority substituted for some other sentence imposed by such a court; or is under such a sentence of imprisonment that has been suspended;

(g)

is disqualified for membership of the House of Assembly by any law in force in The Bahamas by reason of his holding, or acting in, any office the function of which involve-

is disqualified from membership of the House of Assembly by a law in force in The Bahamas because they hold, or act in, an office whose functions involve:

(i)

any responsibility for, or in connection with, the conduct of any election; or

any responsibility for, or in connection with, the conduct of an election; or

(ii)

any responsibility for the compilation or revision of any electoral register;

any responsibility for compiling or revising an electoral register (the list of voters);

(h)

is disqualified for membership of the House of Assembly by virtue of any law in force in The Bahamas by reason of his having been convicted of any offence relating to elections;

is disqualified from membership of the House of Assembly by a law in force in The Bahamas because of a conviction for an offence relating to elections;

(i)

is a Senator; or

is a Senator; or

(j)

is interested in any government contract and has not disclosed the nature of such contract and of his interest therein by publishing a notice in the Gazette within one month before the day of election.

has an interest in a government contract and has not disclosed the nature of the contract and of their interest in it by publishing a notice in the Gazette (the official government newspaper) within one month before election day.

(2)

Parliament may by law provide that, subject to such exceptions and limitations (if any) as may be prescribed therein, a person shall be disqualified for member ship of the House of Assembly by virtue of-

Parliament may by law provide that a person is disqualified from membership of the House of Assembly, subject to any exceptions and limits set out in that law, because the person:

(a)

his holding or acting in any office or appointment specified (either individually or by reference to a class of office or appointment) by such law;

holds or acts in an office or appointment named in that law (either individually or as part of a class of office or appointment);

(b)

his belonging to any armed force of The Bahamas or to any class or person so specified that is comprised in any such force; or

belongs to an armed force of The Bahamas, or to a class of persons named in that law that forms part of such a force; or

(c)

his belonging to any police force or to any class of person that is comprised in any such force.

belongs to a police force, or to a class of persons that forms part of such a force.

(3)

For the purposes of sub-paragraph (1)(f) of this Article-

For the purposes of sub-paragraph (1)(f) of this Article:

(a)

two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentence exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and

two or more sentences of imprisonment that must be served one after the other count as separate sentences if none of them is longer than twelve months, but if any one of them is longer than twelve months they count as one sentence; and

(b)

no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

a sentence of imprisonment imposed as an alternative to paying a fine, or for failing to pay a fine, is ignored.

49.

In briefLists the events that end a Member of Parliament's seat, including dissolution, resignation, absence, loss of citizenship, disqualification or a government contract, with rules for appeals.

(1)

Every member of the House of Assembly shall vacate his seat in the House-

Every member of the House of Assembly loses their seat in the House:

(a)

upon a dissolution of Parliament;

on a dissolution of Parliament (the end of the life of a Parliament, so that a general election follows);

(b)

if he resigns it by writing under his hand addressed to the Speaker or, if the office of Speaker is vacant or the Speaker is absent from The Bahamas, to the Deputy Speaker;

if the member resigns it by a signed letter addressed to the Speaker or, if the office of Speaker is vacant or the Speaker is away from The Bahamas, to the Deputy Speaker;

(c)

if he is absent from the sitting of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House;

if the member is absent from the sittings of the House for the period, and in the circumstances, set out in the House's rules of procedure;

(d)

if he ceases to be a citizen of The Bahamas;

if the member stops being a citizen of The Bahamas;

(e)

subject to the provisions of paragraph (2) of this Article, if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified for election as such by virtue of sub-paragraph (a), (b), (c), (d), (e), (f), (g), or (h) of Article 48(1) of this Constitution; or

subject to paragraph (2) of this Article, if any circumstances arise that would disqualify the member from being elected under sub-paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of Article 48(1) of this Constitution if the person were not already a member of the House; or

(f)

if he becomes interested in any government contract:

if the member acquires an interest in a government contract:

Provided that-

But:

(i)

if in the circumstances it appears to the House or Assembly may exempt any member of the House from vacating his seat under the provisions of this sub-paragraph, if that member, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the House the nature of such contract and his interest therein;

if the House of Assembly thinks it just in the circumstances, it may excuse a member of the House from losing their seat under this sub-paragraph, provided that the member discloses to the House the nature of the contract and their interest in it, either before acquiring the interest or as soon as practicable afterwards;

(ii)

if proceedings are taken under a law made under Article 51 of his Constitution to determine whether a member of the House has vacated his seat under the provisions of this sub-paragraph he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that he was or had become interested in such contract; and

if proceedings are brought under a law made under Article 51 of this Constitution to decide whether a member of the House has lost their seat under this sub-paragraph, the court must declare that the member has not lost the seat if the member satisfies the court that, acting reasonably, they did not know that they had or had acquired an interest in the contract; and

(iii)

no proceedings under the preceding sub-paragraph shall be instituted by any person other than a Senator or member of the House of Assembly.

no one other than a Senator or a member of the House of Assembly may bring proceedings under the preceding sub-paragraph.

(2)

If circumstances such as are referred to in sub-paragraph (1)(e) of this Article arise because any member of the House is under sentence of death or imprisonment, declared bankrupt, adjudged to be of unsound mind or convicted of a offence relating to election and it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his function as a member of the House but, subject to paragraph (3) of this Article, he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Suppose circumstances of the kind described in sub-paragraph (1)(e) of this Article arise because a member of the House is under sentence of death or imprisonment, has been declared bankrupt, has been adjudged to be of unsound mind, or has been convicted of an offence relating to elections, and the member can still appeal against the decision (either with the leave of a court or other authority, or without such leave). The member must immediately stop performing their functions as a member of the House but, subject to paragraph (3) of this Article, does not lose the seat until thirty days have passed:

Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred any fifty days shall not be given without the approval, signified by resolution, of the House of Assembly.

But the Speaker may, at the member's request, extend that period by further periods of thirty days at a time so that the member can pursue an appeal against the decision. Extensions adding up to more than one hundred and fifty days in total cannot be given without the approval of the House of Assembly, signified by resolution (a formal vote).

(3)

If, on the determination any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or of any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.

If, when an appeal is decided, those circumstances still exist and the member has no further right of appeal, or if the member can no longer appeal because the time for lodging an appeal or notice of appeal has run out, leave to appeal has been refused, or for any other reason, the member must give up the seat immediately.

(4)

If at any time before the ember vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph 82) of this Article and he may resume the performance of his function as a member of the House.

If those circumstances stop existing at any time before the member gives up the seat, the seat does not become vacant at the end of the period referred to in paragraph (2) of this Article, and the member may resume their functions as a member of the House.

Tenure of office of members of House of AssemblyWhen a Member's seat becomes vacant

50.

In briefRequires the House of Assembly to elect a Speaker and a Deputy Speaker from members who are not Ministers, and sets out when they leave office or step aside.

(1)

When the House of Assembly first meets after any general election and before it proceeds to the dispatch of any other business, the House shall, in accordance with such procedure as may be prescribed by the rules of procedure of the House, elect from among the members who are not Ministers or Parliamentary Secretaries one member to be the Speaker of the Assembly and another member to be Deputy Speaker; and, if the office of Speaker or Deputy Speaker falls vacant at any time before the next dissolution of the House of Assembly, the House shall, as soon as practicable, proceed in like manner to fill the vacant office.

When the House of Assembly first meets after any general election, and before it deals with any other business, the House must elect one member to be Speaker of the Assembly and another member to be Deputy Speaker, following the procedure set out in the House's rules of procedure. Only members who are not Ministers or Parliamentary Secretaries can be chosen. If the office of Speaker or Deputy Speaker becomes vacant at any time before the next dissolution of the House of Assembly, the House must fill it in the same way as soon as practicable.

(2)

A person shall vacate the office of Speaker or Deputy Speaker-

A person leaves the office of Speaker or Deputy Speaker:

(a)

if he ceases to be a member of the House of Assembly:

if they stop being a member of the House of Assembly:

Provided that the Speaker shall to vacate his office by reason only that he has ceased to be a member on a dissolution of Parliament, until the House of Assembly first meets after that dissolution;

But the Speaker does not leave office only because they stopped being a member on a dissolution of Parliament (the end of the life of a Parliament, so that a general election follows) until the House of Assembly first meets after that dissolution;

(b)

if he is appointed to be a Minister or Parliamentary Secretary;

if they are appointed as a Minister or Parliamentary Secretary;

(c)

if he announces the resignation f his office to the House of Assembly or if, by writing under his hand addressed, in the case of the Speaker, to the Clerk of the House and, in the case of the Deputy Speaker, to the Speaker (or if the office of Speaker is vacant or the Speaker is absent from The Bahamas, to the Clerk), he resigns that office; or

if they announce their resignation from the office to the House of Assembly, or resign from it by a signed letter addressed, in the case of the Speaker, to the Clerk of the House and, in the case of the Deputy Speaker, to the Speaker (or, if the office of Speaker is vacant or the Speaker is away from The Bahamas, to the Clerk); or

(d)

in the case of the Deputy Speaker, if he is elected to be Speaker.

in the case of the Deputy Speaker, if they are elected Speaker.

(3)

If by reason of Article 49(2) of this Constitution the Speaker or Deputy Speaker is required to cease to perform his functions as a member of the House of Assembly, he shall also cease to perform his function as Speaker or Deputy Speaker and those functions shall, until he vacates his seat in the House or resumes the performance of the functions to his office, be performed-

If, under Article 49(2) of this Constitution, the Speaker or Deputy Speaker must stop performing their functions as a member of the House of Assembly, they must also stop performing their functions as Speaker or Deputy Speaker. Until they give up their seat in the House or resume the functions of their office, those functions are performed:

(a)

in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his functions as a member of the House of Assembly by virtue of Article 49(2) of this Constitution, by such member (not being a Minister or Parliamentary Secretary) as the House may elect for the purpose;

in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker must also stop performing their functions as a member of the House of Assembly under Article 49(2) of this Constitution, by a member (not a Minister or Parliamentary Secretary) elected by the House for that purpose;

(b)

in the case of the Deputy Speaker, by such member (not being a Minister or Parliamentary Secretary) as the House may elect for the purpose.

in the case of the Deputy Speaker, by a member (not a Minister or Parliamentary Secretary) elected by the House for that purpose.

(4)

If the Speaker or Deputy Speaker resumes the performance of his functions as a member of the House in accordance with the provisions of Article 49(4) of this Constitution, he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.

If the Speaker or Deputy Speaker resumes their functions as a member of the House under Article 49(4) of this Constitution, they also resume their functions as Speaker or Deputy Speaker, as the case may be.

Speaker and Deputy SpeakerSpeaker and Deputy Speaker

51.

In briefCreates an Election Court of two judges to decide finally whether a person was validly elected to the House of Assembly or has lost their seat.

(1)

An Election Court, consisting of two Justices to the Supreme Court appointed by the Chief Justice or, if for any reason two such Justices are not available, one such Justice and the Chief Magistrate or a Stipendiary and Circuit Magistrate appointed by the Chief Justice, shall have jurisdiction to hear and determine any question whether-

An Election Court has jurisdiction (legal authority) to hear and decide the questions listed below. The Election Court is made up of two Justices of the Supreme Court appointed by the Chief Justice or, if for any reason two such Justices are not available, one such Justice together with the Chief Magistrate or a Stipendiary and Circuit Magistrate appointed by the Chief Justice. The questions are whether:

(a)

any person has been validly elected as a member of the House of Assembly; or

a person has been validly elected as a member of the House of Assembly; or

(b)

any member of the House of Assembly has vacated his seat or is required, under the provisions of Article 49(2) of this Constitution, to cease to perform his functions as a member.

a member of the House of Assembly has lost their seat, or must stop performing their functions as a member under Article 49(2) of this Constitution.

(2)

Subject to the following provisions of this Article and to the provisions of Article 49(1) of this Constitution, Parliament may make or provide for the making or provision, with respect to-

Subject to the rest of this Article and to Article 49(1) of this Constitution, Parliament may make provision, or provide for provision to be made, about:

(a)

the institution of proceedings for the determination of any question referred to in paragraph (1) of this Article; and

how proceedings to decide a question mentioned in paragraph (1) of this Article are started; and

(b)

the powers, practice and procedure of an Election Court in relation to any such proceedings.

the powers, practice and procedure of an Election Court in such proceedings.

(3)

The determination by an Election Court of any question referred to in paragraph (1) of this Article shall be final.

An Election Court's decision on any question mentioned in paragraph (1) of this Article is final.

(4)

Proceedings for the determination of any question referred to in paragraph (1) of this Article shall not be instituted except with the leave of a Justice of the Supreme Court.

Proceedings to decide a question mentioned in paragraph (1) of this Article can only be started with the leave (permission) of a Justice of the Supreme Court.

(5)

An appeal shall lie to the Court or Appeal on a point of law from the decision of a Justice of the Supreme Court granting or refusing leave to institute proceedings in accordance with this Article, but, subject as aforesaid, that decision shall be final.

A decision of a Justice of the Supreme Court to grant or refuse leave to start proceedings under this Article can be appealed to the Court of Appeal on a point of law. Apart from that, the decision is final.

Determination of questions as to membershipDeciding disputes about House membership

Part IVPowers and Procedure of Parliament

52.

In briefGives Parliament power to make laws for The Bahamas, exercised through Bills passed by both Houses and assented to by the Governor-General.

(1)

Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of The Bahamas.

Subject to this Constitution, Parliament may make laws for the peace, order and good government of The Bahamas.

(2)

Subject to the provisions of Articles 60, 61 and 62 of this Constitution, the power of Parliament to make laws shall be exercised by Bills passed by both Houses, either without amendment or with such amendments only as are agreed to by both Houses, and assented to by the Governor General in accordance with Article 63 of this Constitution.

Subject to Articles 60, 61 and 62 of this Constitution, Parliament exercises its power to make laws through Bills (proposed laws) that are passed by both Houses, either without amendment or only with amendments that both Houses agree to, and that the Governor-General then assents to (formally approves) under Article 63 of this Constitution.

Power to make lawsPower to make laws

53.

In briefLets Parliament define by law the privileges, immunities and powers of both Houses and their members, and bars civil court process within a sitting House.

(1)

Without prejudice to the generality of Article 52(1) of this Constitution and subject to the provisions of paragraph (2) of this Article, Parliament may by law determine the privileges, immunities and powers of the Senate and the House of Assembly and the members thereof.

Without limiting the general power in Article 52(1) of this Constitution, and subject to paragraph (2) of this Article, Parliament may by law decide the privileges, immunities (protections from legal action) and powers of the Senate, the House of Assembly and their members.

(2)

No process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Senate of the House of Assembly while it is sitting, or through the President or the Speaker, the Clerk or any other officer of either House.

No process (such as a summons or court order) issued by a court in a civil case may be served or executed within the precincts (buildings and grounds) of the Senate or the House of Assembly while it is sitting, or through the President or the Speaker, the Clerk or any other officer of either House.

Privileges of ParliamentPrivileges of Parliament

54.

In briefLets Parliament amend the Constitution, but protected provisions need two-thirds or three-quarters majorities in both Houses plus approval by a majority of voters in a referendum.

(1)

Subject to the provisions of this Article, Parliament may, bay an Act of Parliament passed by both Houses, alter any of the provisions of this Constitution or (in so far as it forms part of the law of the Bahamas) any of the provisions of The Bahamas Independence Act, 1973.

Subject to this Article, Parliament may, by an Act of Parliament passed by both Houses, alter any provision of this Constitution or, so far as it forms part of the law of The Bahamas, any provision of The Bahamas Independence Act, 1973.

(2)

In so far as it alters-

So far as it alters:

(a)

Articles 32, 33, 34, 35, 41, 42, 43, 47, 48, 49, 79, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 128, 129, 130, 131, 132, 133, 134, 135, or 136 of this Constitution; or

Articles 32, 33, 34, 35, 41, 42, 43, 47, 48, 49, 79, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 128, 129, 130, 131, 132, 133, 134, 135 or 136 of this Constitution; or

(b)

Articles 127 or 137 of this Constitution in their application to any of the provisions specified in sub-paragraph (a) of this paragraph Bill for an Act of Parliament under this Article shall not be passed by Parliament unless:-

Articles 127 or 137 of this Constitution as they apply to any of the provisions listed in sub-paragraph (a) of this paragraph, a Bill for an Act of Parliament under this Article cannot be passed by Parliament unless:

(i)

at the final voting thereon in each House it is supported by the votes of not less than two-thirds of all the members of each House, and

at the final vote on it in each House, it is supported by the votes of at least two-thirds of all the members of each House; and

(ii)

the Bill, after its passage through both Hose, has been submitted to the electors qualified to vote for the election of members of the House of Assembly and, on a vote in such manner as Parliament may prescribe the majority of the electors voting have approved the Bill.

after passing through both Houses, the Bill has been put to the electors who are qualified to vote in elections for members of the House of Assembly, and a majority of the electors who vote, in a vote held in the way Parliament sets out, have approved the Bill.

(3)

In so far as it alters-

So far as it alters:

(a)

this Article;

this Article;

(b)

Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 38, 39, 40, 45, 46, 51, 52, 60, 61, 62, 65, 66, 67, 68, 69, 70, 71, 72, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, or 105 of this Constitution; or

Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 38, 39, 40, 45, 46, 51, 52, 60, 61, 62, 65, 66, 67, 68, 69, 70, 71, 72, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104 or 105 of this Constitution; or

(c)

Articles 106, 127 or 137 of this Constitution in their application to any of the provisions specified in sub-paragraphs (a) or (b) of this paragraph; or

Articles 106, 127 or 137 of this Constitution as they apply to any of the provisions listed in sub-paragraphs (a) or (b) of this paragraph; or

(d)

any of the provision of the Bahamas Independence Act 1973, a Bill for an Act of Parliament under this Article shall not be passed by Parliament unless: -

any provision of The Bahamas Independence Act 1973, a Bill for an Act of Parliament under this Article cannot be passed by Parliament unless:

(i)

at the final voting thereon in each House it is supported by the votes of nor less than three-quarters of all the members of each House, and

at the final vote on it in each House, it is supported by the votes of at least three-quarters of all the members of each House; and

(ii)

the Bill, after its passage through both Houses has been submitted to the electors qualified to vote for the elections of members of the House of Assembly and, on a vote taken in such manner as Parliament may prescribe the majority of the electors voting have approved the Bill.

after passing through both Houses, the Bill has been put to the electors who are qualified to vote in elections for members of the House of Assembly, and a majority of the electors who vote, in a vote held in the way Parliament sets out, have approved the Bill.

(4)

In this Article-

In this Article:

(a)

references to any of the provisions of this Constitution or the Bahamas Independence Act 1973 include references to any law that amends or replaces that provision; and

a reference to any provision of this Constitution or of The Bahamas Independence Act 1973 includes any law that amends or replaces that provision; and

(b)

references to the alteration of any of the provisions of this Constitution or The Bahamas Independence Act 1973 include references to he amendment, modification or re-enactment with of without amendment or modification, of that provision, the suspension or repeal of that provision and the making of a different provision in lieu of that provision, (5) No Act of Parliament shall be construed as altering this Constitution unless it is stated in the Act that it is an Act for that purpose.

a reference to altering any provision of this Constitution or of The Bahamas Independence Act 1973 includes amending, modifying or re-enacting that provision (with or without amendment or modification), suspending or repealing it, and making a different provision in its place. (5) An Act of Parliament is not to be read as altering this Constitution unless the Act states that it is an Act for that purpose.

Alteration of this ConstitutionChanging this Constitution

55.

In briefLets each House make its own rules of procedure and act despite vacancies or the presence of someone not entitled to take part.

(1)

Subject to the provisions of this Constitution, each House may regulate its own procedure and for this purpose may make rules of procedure.

Subject to this Constitution, each House may regulate its own procedure and may make rules of procedure for that purpose.

(2)

Each House may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall to invalidate those proceedings.

Each House may act even if there is a vacancy among its members. The presence or participation of a person who is not entitled to be present at, or to take part in, the proceedings of the House does not make those proceedings invalid.

Regulation of procedure in ParliamentEach House controls its own procedure

56.

In briefThe President or Vice-President presides in the Senate and the Speaker or Deputy Speaker in the House, with an elected member standing in when both are absent.

(1)

The President of the Senate or, in his absence, the Vice-President or, if they are both absent, a Senator (not being a Minister or Parliamentary Secretary) elected by the Senate for that sitting shall preside at each sitting of the Senate.

The President of the Senate presides at each sitting of the Senate. If the President is absent, the Vice-President presides. If both are absent, a Senator (not a Minister or Parliamentary Secretary) elected by the Senate for that sitting presides.

(2)

The Speaker or, in his absence, the Deputy Speaker or, if they are both absent, a member (not being a Minister or Parliamentary Secretary) elected by the House for that sitting shall preside at each sitting of the House of Assembly.

The Speaker presides at each sitting of the House of Assembly. If the Speaker is absent, the Deputy Speaker presides. If both are absent, a member (not a Minister or Parliamentary Secretary) elected by the House for that sitting presides.

(3)

References in this Article to circumstances in which the President, Vice- President, Speaker or Deputy Speaker is absent include references to circumstances in which the office of President, Vice-President, Speaker or Deputy Speaker is vacant.

In this Article, references to the President, Vice-President, Speaker or Deputy Speaker being absent include the situation where the office of President, Vice-President, Speaker or Deputy Speaker is vacant.

Presiding in the Senate and House of AssemblyWho presides over each House

57.

In briefSets the minimum attendance for each House to keep sitting: six Senators, and ten members of the House of Assembly, each including the person presiding.

(1)

If at any time during a sitting of either House objection is taken by a member that there is not a quorum present and, after such interval as may be prescribed by the rules of procedure of that House the person presiding ascertain that there is still not a quorum present, he shall thereupon adjourn the Hose.

If, at any time during a sitting of either House, a member objects that there is no quorum (the minimum number of members who must be present) and, after the interval set by that House's rules of procedure, the person presiding finds that there is still no quorum, the person presiding must then adjourn (suspend) the House.

(2)

For the purpose of this Article-

For the purposes of this Article:

(a)

a quorum of the Senate shall consist of six Senator including the person presiding; and

a quorum of the Senate is six Senators, including the person presiding; and

(b)

a quorum of the House of Assembly shall consist of ten members including the person presiding, or of such greater number of members as may be specified by an Order made by the Governor-General in accordance with the provisions of Article 70 of this Constitution.

a quorum of the House of Assembly is ten members, including the person presiding, or a greater number if an Order made by the Governor-General under Article 70 of this Constitution says so.

QuorumQuorum

58.

In briefQuestions in each House are decided by a majority of members present and voting; the person presiding votes only to break a tie or on a constitutional amendment.

(1)

Save as is otherwise provided in this Constitution, all questions proposed for decision in either House shall be determined by a majority of the votes of the members thereof present and voting.

Unless this Constitution provides otherwise, every question put for decision in either House is decided by a majority of the votes of the members present and voting.

(2)

The person presiding in either House shall not vote-

The person presiding in either House cannot vote:

(a)

unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote; or

unless the votes on a question are equally divided, in which case the person presiding has, and must use, a casting vote (a deciding vote that breaks the tie); or

(b)

except in the case of the final vote on a Bill for an Act of Parliament under Article 54 of this Constitution in which case he shall have an original vote.

except at the final vote on a Bill for an Act of Parliament under Article 54 of this Constitution, in which case the person presiding has an original vote (an ordinary vote like any other member).

VotingVoting

59.

In briefAny member may introduce Bills, motions or petitions, but Money Bills start in the House of Assembly and tax or spending measures need the Cabinet's recommendation.

(1)

Subject to the provisions of this Constitution and of the rules of procedure of the Senate or the House of Assembly, as the case may be, any member of either House may introduce any Bill or propose any motion for debate in, or may present any petition to, that House, and the same shall be debated and dispose of according to the rules of procedure of that House.

Subject to this Constitution and to the rules of procedure of the Senate or the House of Assembly, as the case may be, any member of either House may introduce a Bill (a proposed law), propose a motion for debate, or present a petition in that House. It is then debated and dealt with under the rules of procedure of that House.

(2)

A bill other than a Money Bill may be introduced in either House, but a Money Bill shall not be introduced in the Senate.

A Bill other than a Money Bill (a Bill dealing only with taxation and public money, as defined in Article 62) may be introduced in either House, but a Money Bill cannot be introduced in the Senate.

(3)

Except on the recommendation of the Cabinet signified by a Minister, the House of Assembly shall not-

Except on the recommendation of the Cabinet, signified by a Minister, the House of Assembly cannot:

(a)

proceed upon any Bill (including any amendment to a Bill) which, in the opinion of the person presiding, makes provision for imposing or increasing any tax, for imposing any charge on the Consolidated Fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to The Bahamas; or

proceed with any Bill (including any amendment to a Bill) which, in the opinion of the person presiding, imposes or increases a tax, imposes a charge on the Consolidated Fund (the government's main account) or any other public fund, alters such a charge other than by reducing it, or compounds (settles for a lesser sum) or remits (lets off) a debt owed to The Bahamas; or

(b)

proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be make for any of the purposes aforesaid.

proceed with any motion (including any amendment to a motion) whose effect, in the opinion of the person presiding, is that provision will be made for any of those purposes.

(4)

The Senate shall not-

The Senate cannot:

(a)

proceed upon any Bill, other than a Bill sent from the House of Assembly, or any amendment to a Bill which, in the opinion of the Person presiding, makes provisions for imposing or increasing any tax, for imposing any charge on the Consolidated Fund or any other public fund or altering any such charge otherwise than by reducing it or for compounding or remitting any debt due to The Bahamas; or

proceed with any Bill, other than a Bill sent from the House of Assembly, or any amendment to a Bill, which, in the opinion of the person presiding, imposes or increases a tax, imposes a charge on the Consolidated Fund or any other public fund, alters such a charge other than by reducing it, or compounds or remits a debt owed to The Bahamas; or

(b)

proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, is that provision shall be made for any of the purposes aforesaid.

proceed with any motion (including any amendment to a motion) whose effect, in the opinion of the person presiding, is that provision will be made for any of those purposes.

Introduction of Bills, etc.Introducing Bills, motions and petitions

60.

In briefA Money Bill the Senate does not pass unchanged within one month can go to the Governor-General for assent without the Senate's consent, with the Speaker's certificate.

(1)

Subject to the provisions of this Constitution, if a Money Bill, having been passed by the House of Assembly and sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within one month after it is sent to that House, the Bill shall, unless the House of Assembly otherwise resolves, be present to the Governor-General for his assent notwithstanding that the Senate has not consented to the Bill.

Subject to this Constitution, if the House of Assembly passes a Money Bill (a Bill dealing only with taxation and public money, as defined in Article 62) and sends it to the Senate at least one month before the end of the session, and the Senate does not pass it without amendment within one month after it is sent, 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.

(2)

There shall be endorsed on every Money Bill when it is sent to the Senate the certificate of the Speaker signed by him that it is a Money Bill; and there shall be endorsed on any Money Bill that is presented to the Governor-General for assent in pursuance of paragraph (1) of this Article the certificate of the Speaker signed by him that it is a Money Bill and that the provisions of that paragraph have been complied with.

Every Money Bill sent to the Senate must carry a certificate signed by the Speaker stating that it is a Money Bill. Every Money Bill presented to the Governor-General for assent under paragraph (1) of this Article must carry a certificate signed by the Speaker stating that it is a Money Bill and that the requirements of that paragraph have been met.

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

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.

62.

In briefDefines a Money Bill, says when the Senate is treated as rejecting a Bill, lets the Deputy Speaker stand in, and makes the Speaker's certificates final.

(1)

In Articles 59,60 and 61 of this Constitution "Money Bill" means a public Bill which, in the opinion of the Speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund or any other public funds or on monies provided by Parliament or the variation or repeal of any such charges; the grant of money to the Crow or to any authority or person, or the variation or revocation of any such grant, the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, of the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this paragraph the expressions "taxation", "debt", "public fund", "public money", and "loan" do not include any taxation imposed, debt incurred, fund or money provided or loan raised by any local authority or body for local purposes.

In Articles 59, 60 and 61 of this Constitution, "Money Bill" means a public Bill which, in the opinion of the Speaker, contains only provisions dealing with all or any of the following matters: imposing, repealing, remitting, altering or regulating taxation; imposing charges on the Consolidated Fund (the government's main account) or any other public funds, or on money provided by Parliament, for the payment of debt or other financial purposes, or varying or repealing such charges; granting money to the Crown or to any authority or person, or varying or revoking such a grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; raising or guaranteeing any loan, or repaying it, or establishing, altering, administering or abolishing any sinking fund (a fund set aside to repay a loan) connected with such a loan; or subordinate matters incidental to any of those matters. In this paragraph, "taxation", "debt", "public fund", "public money" and "loan" do not include any taxation imposed, debt incurred, fund or money provided, or loan raised by a local authority or body for local purposes.

(2)

For the purposes of Article 61 of this Constitution, a Bill shall be deemed to be rejected by the Senate if-

For the purposes of Article 61 of this Constitution, a Bill is treated as rejected by the Senate if:

(a)

it is not passed by the Senate without amendment; or

the Senate does not pass it without amendment; or

(b)

it is passed by the Senate with any amendment which is not agreed to by the House of Assembly.

the Senate passes it with an amendment that the House of Assembly does not agree to.

(3)

Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any functions conferred upon him by paragraph (1) of this Article or by Articles 60 or 61 of this Constitution, that function may be performed by the Deputy Speaker.

Whenever the office of Speaker is vacant, or the Speaker is for any reason unable to perform a function given to the Speaker by paragraph (1) of this Article or by Articles 60 or 61 of this Constitution, the Deputy Speaker may perform that function.

(4)

Any certificate of the Speaker or Deputy Speaker given under Article 60 or 61 of this Constitution shall be conclusive for all purposes and shall not be questioned in any court.

A certificate given by the Speaker or Deputy Speaker under Article 60 or 61 of this Constitution is conclusive for all purposes and cannot be questioned in any court.

Provisions relating to Articles 59, 60 and 61Rules for Articles 59, 60 and 61

63.

In briefA Bill becomes law only when the Governor-General assents to it on Her Majesty's behalf, after both Houses have passed it or the override rules apply.

(1)

A Bill shall not become law until the Governor-General has assented thereto in Her Majesty's behalf and has signed it in token of such assent.

A Bill does not become law until the Governor-General has assented to it (formally approved it) on Her Majesty's behalf and has signed it as a sign of that assent.

(2)

Subject to the provisions of Articles 60 and 61 of this Constitution, a Bill shall be presented to the Governor-General for assent if, and shall not be so presented unless, it has been passed by both Houses either without amendment or without amendment or with such amendments only as are agreed to by both Houses.

Subject to Articles 60 and 61 of this Constitution, a Bill must be presented to the Governor-General for assent if, and only if, it has been passed by both Houses, either without amendment or only with amendments that both Houses agree to.

(3)

Any Bill to which Article 54(2) or (3) of this Constitution applies shall be presented to the Governor-General endorsed with certificates of the requisite majorities in accordance with whichever of those paragraphs applies to the Bill, and with a certificate of the Parliamentary Registrar that it has been approved by the majority of the electors voting on the Bill.

A Bill to which Article 54(2) or (3) of this Constitution applies must be presented to the Governor-General with certificates showing that it received the required majorities under whichever of those paragraphs applies to it, and with a certificate from the Parliamentary Registrar that a majority of the electors voting on the Bill approved it.

(4)

When a Bill is presented to the Governor-General for assent he shall signify that he assents of that he withholds assent.

When a Bill is presented to the Governor-General for assent, the Governor-General must signify either that he assents or that he withholds assent.

Assent to BillsAssent to Bills

64.

In briefMembers cannot take part in proceedings until they have taken the oath of allegiance, except for electing a President of the Senate or a Speaker.

No member of either House shall take part in the proceedings thereof unless he has taken the oath of allegiance in such manner as is prescribed by any law in force in The Bahamas:

No member of either House may take part in its proceedings until they have taken the oath of allegiance (a formal promise of loyalty) in the way set out by a law in force in The Bahamas:

Provided that the election of a President of the Senate or the election of a Speaker of the House of Assembly may take place before the members of the Senate or the House of Assembly, as the case may be, have taken such oath.

But the election of a President of the Senate, or of a Speaker of the House of Assembly, may take place before the members of the Senate or the House of Assembly, as the case may be, have taken the oath.

Oath of allegianceOath of allegiance

Part VSummoning, Prorogation and Dissolution

65.

In briefThe Governor-General fixes by proclamation where and when each session of Parliament begins, and no more than twelve months may pass between sessions.

(1)

Each session of Parliament shall be held at such place and commence at such time as the Governor-General may by proclamation appoint.

Each session of Parliament is held at the place, and begins at the time, that the Governor-General appoints by proclamation (a formal public announcement).

(2)

The time appointed for the commencement of any session of Parliament shall be such that a period of twelve months does not intervene between the end of one session and the first sitting of Parliament in the next session.

The time appointed for the start of any session of Parliament must be such that no more than twelve months pass between the end of one session and the first sitting of Parliament in the next session.

Sessions of ParliamentSessions of Parliament

66.

In briefThe Governor-General, on the Prime Minister's advice, may prorogue or dissolve Parliament; Parliament lasts five years unless dissolved sooner, extendable only in wartime.

(1)

The Governor-General, acting in accordance with the advice of the Prime Minister, may at any time by proclamation prorogue Parliament.

The Governor-General, acting on the advice of the Prime Minister, may at any time prorogue Parliament (end a session of Parliament without dissolving it) by proclamation (a formal public announcement).

(2)

The Governor-General, acting in accordance with the advice of the Prime Minister, may at any time by proclamation dissolve Parliament:

The Governor-General, acting on the advice of the Prime Minister, may at any time dissolve Parliament (end the life of a Parliament so that a general election follows) by proclamation:

Provided that if the office of Prime Minister is vacant and the Governor-General considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the confidence of a majority of the members of the House of Assembly, he shall dissolve Parliament.

But if the office of Prime Minister is vacant and the Governor-General considers that there is no prospect of being able, within a reasonable time, to appoint to that office a person who can command the confidence of a majority of the members of the House of Assembly, the Governor-General must dissolve Parliament.

(3)

Subject to the provisions of paragraph (4) of this Article, Parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution and shall then stand dissolved.

Subject to paragraph (4) of this Article, unless it is dissolved sooner, Parliament continues for five years from the date of its first sitting after any dissolution and is then dissolved.

(4)

At any time when The Bahamas is at war, Parliament may extend the period of five years specified in paragraph (3) of this Article for not more than twelve months at a time:

At any time when The Bahamas is at war, Parliament may extend the five-year period set in paragraph (3) of this Article by no more than twelve months at a time:

Provided that the life of Parliament shall not be extended under this paragraph for more than two years.

But the life of Parliament cannot be extended under this paragraph by more than two years in total.

(5)

If, between a dissolution of Parliament and the next ensuing general election of members to the House of Assembly, an emergency arises of such a nature that, in the opinion of the Prime Minister, it is necessary for the two Houses or either of them to be summoned before that general election can be held, the Governor-General, acting in accordance with the advice of the Prime Minister, may summon the thereupon be deemed (except for the purposes of Article 67 of this Constitution) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election.

Suppose that, between a dissolution of Parliament and the next general election of members of the House of Assembly, an emergency arises of such a kind that, in the opinion of the Prime Minister, the two Houses or either of them must be summoned before that general election can be held. The Governor-General, acting on the advice of the Prime Minister, may then summon the two Houses of the dissolved Parliament. That Parliament is then treated (except for the purposes of Article 67 of this Constitution) as not having been dissolved, but is treated (with the same exception) as dissolved on the date on which the polls are held in the next general election.

Prorogation and dissolution of ParliamentProrogation and dissolution of Parliament

67.

In briefAfter a dissolution, election writs are returnable within ninety days and Senators are then appointed; a vacant House seat is filled within sixty days.

(1)

After every dissolution of Parliament the Governor-General shall issue writs for a general election of members of the House of Assembly returnable within ninety days from that dissolution.

After every dissolution of Parliament (the end of the life of a Parliament, so that a general election follows), the Governor-General must issue writs (formal orders to hold an election) for a general election of members of the House of Assembly, returnable within ninety days of that dissolution.

(2)

As soon as may be after every general election the Governor-General shall proceed under Article 39 of this Constitution to the appointment of Senators.

As soon as possible after every general election, the Governor-General must proceed under Article 39 of this Constitution to appoint Senators.

(3)

Whenever any person vacates his seat as a member of the House of Assembly for any reason other than a dissolution of Parliament, the Governor-General Constituencies shall issue a writ for the election of a member to fill the vacancy and such election shall Commission. be held within sixty days after the occurrence of the vacancy or, where the question whether a vacancy has occurred is determined under Article 51 of this Constitution, after that determination, unless Parliament is sooner dissolved to the date by which Parliament will be dissolved under the provisions of Article 66 of this Constitution is less than four months after the occurrence of the vacancy or, as the case may be, that determination.

Whenever a member's seat in the House of Assembly becomes vacant for any reason other than a dissolution of Parliament, the Governor-General must issue a writ for the election of a member to fill the vacancy. The election must be held within sixty days after the vacancy occurs or, where the question of whether a vacancy has occurred is decided under Article 51 of this Constitution, within sixty days after that decision. This does not apply if Parliament is dissolved sooner, or if the date by which Parliament will be dissolved under Article 66 of this Constitution is less than four months after the vacancy occurred or, as the case may be, after that decision.

Part VIDelimitation of Constituencies

68.

In briefDivides The Bahamas into thirty-eight constituencies, or more if an Order under Article 70 provides, with each constituency electing one member of the House.

The Bahamas shall be divided into thirty-eight constituencies or such greater number as may be provided for by an Order made by the Governor-General in accordance with the provisions of Article 70 of this Constitution and each such constituency shall return one member to the House or Assembly.

The Bahamas is divided into thirty-eight constituencies (voting districts), or a greater number if an Order made by the Governor-General under Article 70 of this Constitution provides for it. Each constituency returns one member to the House of Assembly.

ConstituenciesConstituencies

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

70.

In briefThe Commission must review constituencies at least every five years and report; changes take effect through an Order of the Governor-General approved by the House of Assembly.

(1)

The Commission shall in accordance with the provisions of this Article, at intervals of not more than five years, review the number and boundaries of the constituencies into which The Bahamas is divided and shall submit to the Governor- General a single report either-

The Commission must, following this Article, review the number and boundaries of the constituencies into which The Bahamas is divided at intervals of no more than five years, and must submit a single report to the Governor-General either:

(a)

stating that in the opinion of the Commission, no change is required; or

stating that, in the Commission's opinion, no change is needed; or

(b)

recommending certain changes, and the Governor-General shall cause such report to be laid before the House of Assembly forthwith.

recommending certain changes. The Governor-General must have the report laid before the House of Assembly immediately.

(2)

In carrying out a review for the purposes of this Article, the Commission shall be guided by the general consideration that the number of voters entitled to vote for the purposes of electing every member of the House of Assembly shall, so far as is reasonably practicable, be the same and the need to take account of special consideration such as the needs of sparsely populated areas, the practicably of elected members maintaining contact with electors in such areas, size, physical features, natural boundaries and geographical isolation.

When carrying out a review under this Article, the Commission must be guided by the general principle that the number of voters entitled to vote for each member of the House of Assembly should be the same, so far as is reasonably practicable, and by the need to take account of special considerations such as the needs of sparsely populated areas, how practicable it is for elected members to keep in contact with electors in such areas, size, physical features, natural boundaries and geographical isolation.

(3)

When the Commission intends to proceed under paragraph (1) of this Article, it shall, by notice in writing, inform the Prime Minister, who shall cause a copy of the notice to be published in the Gazette.

When the Commission intends to proceed under paragraph (1) of this Article, it must inform the Prime Minister by written notice, and the Prime Minister must have a copy of the notice published in the Gazette (the official government newspaper).

(4)

As soon as may be after the Commission has submitted a report recommending changes in the boundaries of any constituencies, the Prime Minister shall lay before the House of Assembly for its approval a draft of an Order by the Governor-General for giving effect, whether with or without modifications, to the recommendations contained in the report, and that draft may make provision for any matters (including variation of the quorum specified in Article 57 of this Constitution) which appear to the Prime Minister to be incidental to or consequential upon the other provisions of the draft.

As soon as possible after the Commission submits a report recommending changes to the boundaries of any constituencies, the Prime Minister must lay before the House of Assembly, for its approval, a draft of an Order by the Governor-General giving effect to the report's recommendations, with or without modifications. The draft may deal with any matters (including changing the quorum set in Article 57 of this Constitution) that the Prime Minister considers incidental to, or consequential on, the other provisions of the draft.

(5)

Where any draft Order laid under this Article would give effect to any such recommendations with modifications, the Prime Minister shall lay before the House of Assembly together with the draft a statement of the reasons for the modifications.

Where a draft Order laid under this Article would give effect to the recommendations with modifications, the Prime Minister must lay before the House of Assembly, together with the draft, a statement of the reasons for the modifications.

(6)

If the motion for the approval of any draft Order laid under this Article is rejected by the House of Assembly, or is withdrawn by leave of the House, an amended draft shall be laid without undue delay by the Prime Minister before the House of Assembly.

If the House of Assembly rejects the motion to approve a draft Order laid under this Article, or the motion is withdrawn with the leave of the House, the Prime Minister must lay an amended draft before the House of Assembly without undue delay.

(7)

If any draft Order laid under this Article is approved by resolution of the House of Assembly, the Prime Minister shall submit it to the Governor-General who shall make an order (which shall be published in the Gazette) in terms of the draft; and that Order shall come into force on such day as may be specified therein and, until revoked by a further Order made by the Governor-General in accordance with the provisions of this Article, shall have the force of law in The Bahamas:

If the House of Assembly approves a draft Order laid under this Article by resolution, the Prime Minister must submit it to the Governor-General, who must make an Order in the terms of the draft and have it published in the Gazette. The Order comes into force on the day stated in it and has the force of law in The Bahamas until it is revoked by a further Order made by the Governor-General under this Article:

Provided that the coming into force of any such Order shall not affect any election to the House of Assembly until a proclamation is made by the Governor-General appointing the date for the holding of a general election of members of the House of Assembly or affect the constitution of the House of Assembly then in being.

But the coming into force of such an Order does not affect any election to the House of Assembly until the Governor-General makes a proclamation appointing the date for a general election of members of the House of Assembly, and does not affect the make-up of the House of Assembly then in existence.

(8)

Save as provided in the next following paragraph the question of the validity of nay Order by the Governor-General purporting to be made under his Article and reciting that a draft thereof has been approved by resolution of the House of Assembly shall not be inquired into in any court of law.

Except as provided in the next paragraph, no court may inquire into the validity of any Order by the Governor-General that purports to be made under this Article and states that a draft of it was approved by resolution of the House of Assembly.

(9)

Parliament may by law provide for an appeal to the Supreme Court against a statement or recommendation submitted by the Commission in pursuance of sub-paragraph (1)(a) or (b) of this Article.

Parliament may by law provide for an appeal to the Supreme Court against a statement or recommendation submitted by the Commission under sub-paragraph (1)(a) or (b) of this Article.

Procedure for review of constituenciesReviewing constituency boundaries