Revised Laws of Saint Lucia (2021)

64.   EXERCISE of Governor General's functions

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    (1)   In the exercise of his or her functions the Governor General shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet except in cases where he or she is required by this Constitution or any other law to act in accordance with the advice of, or after consultation with, any person or authority other than the Cabinet:

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    Provided that the foregoing provisions of this subsection shall not apply where the Governor General is authorised to act in his or her own deliberate judgment in accordance with the following provisions of this Constitution—

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      (a)     section 57 (which relates to the Constituency Boundaries Commission and the Electoral Commission);

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      (b)     sections 60 and 63 (which relate to Ministers);

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      ©     section 67 (which relates to the Leader of the Opposition);

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      (d)     section 86 (which relates to the appointment, etc., of public officers);

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      ©     section 88 (which relates to the Chief Elections Officer); and

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      (f)     section 95 (which relates to the Public Service Board of Appeal).

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    (2)   During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified for appointment to that office in accordance with this Constitution and willing to accept appointment, or if the Governor General, acting in his or her own deliberate judgment, considers that it is not practicable for him or her to obtain the advice of the Leader of the Opposition within the time within which it may be necessary for him or her to act, he or she may act without that advice and in his or her own deliberate judgment in the exercise of any power conferred upon him or her by this Constitution in respect of which it is provided that he or she shall act on the advice of, or after consultation with, the Leader of the Opposition.

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    (3)   Nothing in subsection (1) shall require the Governor General to act in accordance with the advice of the Cabinet or a Minister in exercise of the functions conferred upon him or her by the following provisions of this Constitution—

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      (a)     the paragraph to section 55(4) (which requires the Governor General to dissolve Parliament in certain circumstances);

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      (b)     section 60(6) (which requires the Governor General to remove the Prime Minister from office in certain circumstances);

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      ©     section 65 (which entitles the Governor General to information);

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      (d)     sections 57(7), 67(5), 85(6), 88(7), 89(8), 90(7), 92(6), 95(5), 110(7) and 118(8) (which require the Governor General to remove the holders of certain offices from office in certain circumstances).