Revised Laws of Saint Lucia (2021)

34.   Tenure of office

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    (1)   A member of the House (hereinafter in this section referred to as a member) shall vacate his or her seat in the House at the next dissolution of Parliament after his or her election.

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    (2)   A member shall also vacate his or her seat in the House—

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

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

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      ©     subject to the provisions of subsection (3), if any other circumstances arise that, if he or she were not a member, would cause him or her to be disqualified to be elected as such by virtue of section 32(1) or of any law enacted in pursuance of section 32(2), 32(3) or 32(5).

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    (3)   

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      (a)     If any circumstances such as are referred to in of subsection (2)(c) arise because any member 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 member to appeal against the decision (either with the leave of a court of law or other authority or without such leave), he or she shall cease to perform his or her functions as a member 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 Speaker may, at the request of the member, from time to time extend that period for further periods of 30 days to enable the member 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 House.

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

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      ©     If at any time before the member vacates his or her seat such circumstances 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.

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    (4)   References in this section to a member do not include references to a Speaker who was elected from among persons who were not members of the House.