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27.   Tenure of office

Revised Laws of Saint Lucia (2021)

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27.   Tenure of office

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    (1)   A Senator shall vacate his or her seat in the Senate at the next dissolution of Parliament after his or her appointment.

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    (2)   A Senator shall also vacate his or her seat in the Senate—

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      (a)     if he or she is absent from the sittings of the Senate for such period and in such circumstances as may be prescribed in the rules of procedure of the Senate;

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      (b)     if he or she ceases to be a Commonwealth citizen;

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      ©     if, with his or her consent, he or she is nominated as a candidate for election to the House or if he or she is elected to be a member of the House;

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      (d)     subject to the provisions of subsection (3), if any other circumstances arise that, if he or she were not a Senator, would cause him or her to be disqualified to be appointed as such by virtue of section 26(1) or by virtue of any law enacted in pursuance of section 26(2) or 26(4); or

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      ©     if the Governor General, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed under section 24(2)(a) or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed under section 24(2)(b) or in his or her own deliberate judgment after such consultation as is specified in section 24(2)(c) in the case of a Senator appointed under that paragraph, declares the seat of that Senator to be vacant.

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    (3)   

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      (a)     If any circumstances such as are referred to in subsection (2)(d) arise because any Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence relating to elections and if it is open to the Senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he or she shall cease to perform his or her functions as a member of the Senate but, subject to the provisions of this section, he or she shall not vacate his or her seat until the expiration of a period of 30 days thereafter:

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           Provided that the President may, at the request of the Senator, from time to time, extend that period for further periods of 30 days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate 150 days shall not be given without the approval, signified by resolution, of the Senate.

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      (b)     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 or for any other reason, it ceases to be open to the Senator to appeal, he or she shall vacate his or her seat.

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

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