2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

ACT

(Statutory Instrument 1978 No. 1901 (U.K.) Schedule 1, Acts 17 of 1980, 2 of 2023 and 7 of 2023)

Statutory Instrument 1978 No. 1901 (U.K.), Schedule 1 .. in force 22 February 1979

Amended by Act 17 of 1980 .. in force 26 September 1980

Amended by Act 2 of 2023 .. in force 9 March 2023

Amended by Act 7 of 2023 .. in force 27 March 2023

ARRANGEMENT OF SECTIONS

CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

1.Fundamental rights and freedoms
2.Protection of right to life
3.Protection of right to personal liberty
4.Protection from slavery and forced labour
5.Protection from inhuman treatment
6.Protection from deprivation of property
7.Protection from arbitrary search or entry
8.Provisions to secure protection of law
9.Protection of freedom of conscience
10.Protection of freedom of expression
11.Protection of freedom of assembly and association
12.Protection of freedom of movement
13.Protection from discrimination on the grounds of race, etc
14.Emergency powers
15.Protection of persons detained under emergency laws
16.Enforcement of protective provisions
17.Declaration of emergency
18.Interpretation and savings

CHAPTER II
THE GOVERNOR GENERAL

19.Establishment of office
20.Acting Governor General
21.Oaths
22.Deputy to Governor General

CHAPTER III
PARLIAMENT

PART 1
COMPOSITION OF PARLIAMENT

23.Establishment

The Senate

24.Composition
25.Qualifications
26.Disqualifications
27.Tenure of office
28.Inability
29.President and Deputy President

The House of Assembly

30.Composition
31.Qualifications for election
32.Disqualifications for election
33.Elections
34.Tenure of office
35.Speaker
36.Deputy Speaker
37.Responsibility for elections

General provisions

38.Clerks of Senate and House of Assembly and their staff
39.Determination of questions of membership

PART 2
LEGISLATION AND PROCEDURE OF PARLIAMENT

40.Power to make laws
41.Alteration of Constitution and Supreme Court Order
42.Freedom of speech
43.Oath by Members
44.Presiding
45.Voting
46.Penalty for sitting if unqualified
47.Mode of exercise of legislative power
48.Restrictions with regard to certain financial measures
49.Restrictions on powers of Senate as to money bills
50.Restrictions on powers of Senate as to bills other than money bills
51.Provision relating to ss. 49 and 50
52.Scrutiny of electoral legislation
53.Regulation of procedure

PART 3
SUMMONING, PROROGATION AND DISSOLUTION

54.Sessions
55.Prorogation and dissolution
56.Holding of elections

PART 4
CONSTITUENCY BOUNDARIES AND ELECTORAL COMMISSIONS

57.Constituency Boundaries Commission and Electoral Commission

PART 5
DELIMITATION OF CONSTITUENCIES

58.Review of constituency boundaries

CHAPTER IV
THE EXECUTIVE

59.Executive authority
60.Ministers of the Government
61.Cabinet of Ministers
62.Allocation of portfolios to Ministers
63.Performance of functions of Ministers during absence or illness
64.Exercise of Governor General's functions
65.Governor General to be informed concerning matters of government
66.Oaths to be taken by Ministers, etc
67.Leader of the Opposition
68.Parliamentary Secretaries
69.Permanent Secretaries
70.Secretary to the Cabinet
71.Constitution of offices, etc
72.Attorney General
73.Control of public prosecutions
74.Prerogative of mercy
75.Committee on Prerogative of mercy
76.Procedure in capital cases

CHAPTER V
FINANCE

77.Consolidated Fund
78.Withdrawals from Consolidated Fund or other public funds
79.Authorisation of expenditure from Consolidated Fund by appropriation law
80.Authorisation of expenditure in advance of appropriation
81.Contingencies Fund
82.Remuneration of certain officers
83.Public debt
84.Audit of public accounts, etc

CHAPTER VI
THE PUBLIC SERVICE

PART 1
THE PUBLIC SERVICE COMMISSION

85.Public Service Commission
86.Appointment, etc., of public officers

PART 2
APPOINTMENTS, ETC., TO PARTICULAR OFFICES

87.Appointment, etc., of Permanent Secretaries and certain other officers
88.Chief Elections Officer
89.Director of Public Prosecutions
90.Director of Audi
91.Appointment, etc. of magistrates, registrars and legal officers

PART 3
THE TEACHING SERVICE COMMISSION

92.Teaching Service Commission
93.Appointment, etc., of teachers

PART 4
THE POLICE

94.Police Force

PART 5
THE PUBLIC SERVICE BOARD OF APPEAL

95.Public Service Board of Appeal
96.Appeals in discipline cases

PART 6
PENSIONS

97.Pensions laws and protection of pensions rights
98.Power to withhold pensions, etc

CHAPTER VII
CITIZENSHIP

99.Persons who become citizens on 22 February 1979
100.Persons born in Saint Lucia on or after 22 February 1979
101.Persons born outside Saint Lucia on or after 22 February 1979
102.Registration
103.Acquisition, deprivation and renunciation
104.Interpretation

CHAPTER VIII
JUDICIAL PROVISIONS

105.Original Jurisdiction of High Court in constitutional questions
106.Reference of constitutional questions to High Court
107.Appeals to Court of Appeal
108.Appeals to the Caribbean Court of Justice
108A.Abolition of appeals to Her Majesty in Council
109.Interpretation

CHAPTER IX
PARLIAMENTARY COMMISSIONER

110.Appointment, etc., of Commissioner
111.Deputy Parliamentary Commissioner
112.Functions of Commissioner
113.Restrictions on matters for investigation
114.Discretion of Commissioner
115.Report on investigation
116.Power to obtain evidence
117.Prescribed matters concerning Commissioner

CHAPTER X
MISCELLANEOUS

118.The integrity Commission
119.Declaration of assets
120.Supreme law
121.Functions of Governor General
122.Resignations
123.Re-appointment and concurrent appointments
124.Interpretation
Schedule 1To the Constitution
Alteration of Constitution and Supreme Court Order
Part I   Provisions of Constitution Referred to in Section 41(2)
Part II   Provisions of the Supreme Court Order Referred to in Section 41(2)
Schedule 2To the Constitution
Rules Concerning Constituencies
Schedule 3To the Constitution
Matters not Subject to Investigation by Parliamentary Commissioner
  1.  

    Editor's note: This Constitution is Schedule 1 to the Saint Lucia Constitution Order 1978 of the United Kingdom

WHEREAS the People of Saint Lucia—

  1.  

    (a)     affirm their faith in the supremacy of the Almighty God;

  1.  

    (b)     believe that all persons have been endowed equally by God with inalienable rights and dignity;

  1.  

    (c)     recognise that the enjoyment of these rights depends upon certain fundamental freedoms namely, freedom of the person, of thought, of expression, of communication, of conscience and of association;

  1.  

    (d)     maintain that these freedoms can only be safeguarded by the rule of law;

  1.  

    (e)     realise that human dignity requires respect for spiritual values; for private family life and property; and the enjoyment of an adequate standard of economic and social well-being dependent upon the resources of the State;

  1.  

    (f)     respect the principles of social justice and therefore believe that the operation of the economic system should result in the material resources of the community being so distributed as to sub serve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be opportunity for advancement on the basis of recognition of merit, ability and integrity;

  1.  

    (g)     express their commitment to democracy, in particular the principle of a government freely elected on the basis of universal adult suffrage;

  1.  

    (h)     consider that individually, each person has duties towards every other and to the community and is under obligation to observe and promote the rights, freedoms and values recognised in this constitution;

  1.  

    (i)     pledge their support for international peace and security, for friendly relations among nations and the promotion of universal respect for human rights and freedoms; and their co-operation in solving by peaceful means international problems of an economic, social or political character;

  1.  

    (j)     desire that this Constitution shall reflect and make provision for ensuring and protecting these rights, freedoms and values.

  1.  

    NOW, THEREFORE, the following provisions shall have effect as the Constitution of Saint Lucia:

CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS