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PART VI The Legislature
55. There shall be in and for Belize a Legislature which shall
The House of Representatives 56.-(1) Subject to the provisions of this section, the House of Representatives shall consist of eighteen members who shall be elected in the manner provided by law. (2) If any person who is not a member of the House of Representatives is elected to be Speaker of the House he shall, by virtue of holding the office of Speaker, be a member of the House in addition to the eighteen members aforesaid. (3) The National Assembly, in accordance with the provisions of of section 90 of this Constitution, may by law increase the number of members of the House of Representatives. 57. Subject to the provisions of section 58 of this Constitution, a person shall be qualified to be elected as a member of the House of Repre-sentatives if, and shall not be qualified to be so elected unless, he-
58.-(l) No person shall be qualified to be elected as a member
of the
Provided that if it appears to the Governor-General, acting
in his own (2) For the purposes of paragraph (d) of subsection (1) of this section-
59.-(l)
Every member of the House of Representatives shall vacate
his (2) A member of the House of Representatives shall also vacate his seat in the House -
Provided that if in the circumstances it shall appear to them
just so to do, the House of Representatives by resolution
may exempt any member thereof from vacating his seat under
the provisions of this paragraph if such member shall, before
becoming a party to such contract as aforesaid or before or
as soon as practicable after becoming otherwise interested
in such contract (whether as partner in a firm or director
or manager of a company), disclose to the House the nature
of such contract and his interest or the interest of any such
firm or company therein. Provided that the Speaker may 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 and fifty days shall not be given without the approval, signified by resolution, of the House.
60.-(l) When the House of Representatives first meets after any general election and before it proceeds to the despatch of any other business it shall elect a person to be Speaker of the House; and, if the office of Speaker falls vacant at any time before the next dissolution of the National Assembly, the House shall, as soon as practicable, elect another person to that office. (2) The Speaker shall be above the age of thirty years and may be elected either from among the members of the House of Representatives who are not Ministers or from among persons who are not members of either House: Provided that a person who is not a member of either House shall not be elected as Speaker if-
(3) When the House of Representatives first meets after any gen- eral election and before it proceeds to the despatch of any other business except the election of the Speaker, the House shall elect a member of the House, who is not a Minister, to be Deputy Speaker of the House; and if the office of Deputy Speaker falls vacant at any time before the next dissolution of the National Assembly, the House shall, as soon as practica- ble, elect another such member to that office. (4) A person shall vacate the office of Speaker or Deputy Speaker-
(5)(a) If, by virtue of section 59(3) of this Constitution, the Speaker or Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives he shall also cease to perform his functions as Speaker or Deputy Speaker, as the case may be, and those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed-
The Senate 61.-(l) The Senate shall consist of eight members (in this Constitution referred to as Senators) who shall be appointed by the Governor-General in accordance with the provisions of this section: Provided that if any person who is not a Senator is elected to be President of the Senate he shall, by virtue of holding office of President, be a Senator in addition to the eight members aforesaid. (2) Of the eight Senators-
(3) The two Senators referred to in subsection (2)(b) of this
62. Subject to the provisions of section 63 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-
63.-(1) No person shall be qualified to be appointed as a Senator who-
Provided that if it appears to the Governor-General, acting in his own deliberate judgment, that it is proper so to do, he may by order direct that any such disqualification shall be disregarded for the purposes of this section. (2) For the purposes of paragraph (e) of subsection (1) of this section-
64.-(l) Every Senator shall vacate his seat in the Senate at the next dissolution of the National Assembly after his appointment. (2) A Senator shall also vacate his seat in the Senate-
Provided that if in the circumstances it shall appear to him to be just so to do, the Governor-General, acting in his own deliberate judgment, may exempt any Senator from vacating his seat under the provisions of this paragraph if such Senator shall, before becoming a party to such contract as aforesaid or before or as soon as practicable after becoming otherwise interested in such contract (whether as partner in a firm or director or manager of a company), disclose to the Governor-General the nature of such contract and his interest or the interest of any such firm or company therein. Provided that the President of the Senate may 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. (b) If, on the determination of an 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 shall forthwith vacate his seat. (c) 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 (a) of this subsection and he may resume the performance of his functions as Senator. 65.-(l) The Governor-General may declare a Senator to be, by reason of illness, temporarily incapable of performing his functions as a Senator and thereupon such Senator shall not perform his said functions until he is declared by the Governor-General again to be capable of performing them. (2) Whenever a Senator is incapable of performing his functions as a Senator by reason of his absence from Belize or by virtue of the provisions of section 64 of this Constitution or by reason of a declaration made under the last foregoing subsection, the Governor-General may appoint a person qualified for appointment as a Senator to be temporarily a member of the Senate. (3) Subsections (1) and (2) of section 64 of this Constitution shall apply in relation to a person appointed as a Senator under this section as they apply in relation to a Senator appointed under section 61 (except that paragraph (d) of the said subsection (2) shall apply as if it were not expressed to be subject to subsection (3) of the said section 64) and an appointment made under this section shall in any case cease to have effect when the person appointed is notified by the Governor-General that the circumstances giving rise to his appointment have ceased to exist. (4) In the exercise of the powers conferred on him by this section the Governor-General shall act-
66.-(1) When the Senate first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be President of the Senate; and, if the office of President falls vacant at any time before the next dissolution of the National Assembly, the Senate shall, as soon as practicable, elect another person to that office. (2) When the Senate first meets after any general election and before it proceeds to the despatch of any other business except the election of the President, it shall elect a Senator, who is not a Minister, to be Vice-President of the Senate; and if the office of Vice-President falls vacant at any time before the next dissolution of the National Assembly, the Senate shall, as soon as practicable, elect another Senator to that office. (3) The President and the Vice-President shall be above the age of thirty years and the President may be elected either from among the Senators who are not Ministers or from among persons who are not members of either House: Provided that a person who is not a member of either House shall not be elected as President if-
(4) A person shall vacate the office of President or Vice-President
(c) in the case of the Vice-President, if he is elected to be President. (5)(a) If, by virtue of section 64(3) of this Constitution, the President or the 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-
(b)
If the President or Vice-President resumes the performance
of his functions as Senator, in accordance with the provisions
of section 64(3) of this Constitution, he shall also resume
the performance of his functions as President or Vice-President,
as the case may be. (2) The National Assembly may by law regulate the recruitment and the conditions of service of persons referred to in subsection (1). Powers and Procedure 68. Subject to the provisions of this Constitution, the National Assembly may make laws for the peace, order and good government of Belize. 69.-(1) The National Assembly may alter any of the provisions of this Constitution in the manner specified in the following provisions of this section. (2) Until after the first general election held after Independence Day a Bill to alter any of the provisions of this Constitution shall not be regarded as being passed by the National Assembly unless on its final reading in each House the Bill is supported by the unanimous vote of all members of that House. (3) A Bill to alter this section, Schedule 2 to this Constitution or any of the provisions of this Constitution specified in that Schedule shall not be regarded as being passed by the House of Representatives unless on its final reading in the House the Bill is supported by the votes of not less than three-quarters of all the members of the House.
(4) A Bill to alter any of the provisions of this Constitution
other
(6) (a) A Bill to alter any of the provisions of this
Constitution shall not be submitted to the Governor-General
for assent unless it is accompanied by a certificate of the
Speaker signed by him that the provisions of sub-section (2),
(3) or (4) of this section, as the case may be, have been
complied with. (c) In this subsection, references to the Speaker shall, if the person holding the office of Speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the Deputy Speaker. (7) In this section and Schedule 2 to this Constitution, references to any of the provisions of this Constitution include references to any law that alters that provision. (8) In this section, references to altering this Constitution or any provision thereof include references-
70.-(l) Subject to the provisions of this Constitution, each
House may (2) A Minister shall be permitted to address the House of which he is not a member but shall have no vote in that House. 71.-(1) Except for the purposes of enabling this section to be complied with, no member of either House shall sit or vote therein, or be entitled to receive any salary or emoluments in respect of his office until he has made and subscribed before that House the oath of allegiance and office: Provided that the election of a Speaker and Deputy Speaker of the House of Representatives and the election of a President and Vice-President of the Senate may take place before the members of the House of Representatives or of the Senate, as the case may be, have made and subscribed such oath.
(2) If between the time when a person becomes a member of
the House of Representatives and the time when that House
first meets thereafter, a meeting takes place of any committee
of that House of which that person is a member, that person
may, in order to enable him to attend the meeting and take
part in the proceedings of the committee, make and subscribe
the oath before the Speaker or, if the Speaker is absent from
Belize or the office of Speaker is vacant, before the Deputy
Speaker; and the making and subscribing of the oath in such
manner shall suffice for all the purposes of this section. 72.-(l) The Speaker, or in his absence, the Deputy Speaker, or, if they are both absent, a member of the House of Representatives (not being a Minister) elected by the House for that sitting shall preside at each sitting of the House. (2) The President, or in his absence, the Vice-President, or, if they are both absent, a Senator (not being a Minister) elected by the Senate for that sitting shall preside at each sitting of the Senate. (3) References in this section to circumstances in which the Speaker, Deputy Speaker, President or Vice-President is absent include references to circumstances in which the office of Speaker, Deputy Speaker, President or Vice-President is vacant. 73.-(l) Save as 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. (2) A Speaker elected from among persons who are members of the House of Representatives or a President elected from among persons who are Senators or a member of either House presiding in that House shall have a original but not a casting vote.
(3) A Speaker elected from among persons who are not members
of the House of Representatives or a President elected from
among persons who are not Senators shall have no vote. 74. Without prejudice to any provision made by the National Assembly relating to the powers, privileges and immunities of the Senate or the House of Representatives and the committees thereof, or the privileges and immunities of the members and officers of either House and of other persons concerned in the business of either House or the committees thereof, no civil or criminal proceedings may be instituted against any member of either House for words spoken before, or written in a report to, either House or a committee thereof or by reason of any matter or thing brought by him therein by petition, Bill, resolution, motion or otherwise. 75. A House shall not be disqualified for the transaction of business by reason of any vacancy in the membership thereof (including any vacancy not filled when the House is first constituted or is reconstituted at any time) and any proceedings therein shall be valid notwithstanding that some person who was not entitled so to do sat and voted in the House or otherwise took part in the proceedings. 76.-(l) If at any sitting of either House any member of the House who is present draws the attention of the person presiding at the sitting to the absence of a quorum and, after such interval as may be prescribed in the Standing Orders of the House, the person presiding at the sitting ascertains that a quorum of the House is still not present, the House shall be adjourned. (2) For the purposes of this section-
77.-(l) A Bill other than a money Bill may be introduced in
either (2) Except on the recommendation or with the consent of the Cabinet, signified by a Minister, neither House shall-
78.-(1) If a money Bill, having been passed by the House of
Representatives 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 Representatives
otherwise resolves, be presented to the Governor-General for
assent notwithstanding that the Senate has not consented to
the Bill. 79.-(l) If any Bill other than a money Bill is passed by the House of Representatives in two successive sessions (whether or not the National Assembly 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 Representatives otherwise resolves, be presented to the Governor-General for assent notwithstanding that the Senate has not consented to the Bill: Provided that the foregoing provisions of this subsection shall not have effect unless at least six months have elapsed between the date on which the Bill is passed by the House of Representatives in the first session and the date on which it is passed by the House in the second session. (2) For the purposes of this section a Bill that is sent to the Senate from the House of Representatives in any session shall be deemed to be the same Bill as a former Bill sent to the Senate in the preceding session if, when it is sent to the Senate, it is identical with the former Bill or contains only such amendments as are certified by the Speaker to be necessary owing to the time that has elapsed 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. (3) The House of Representatives may, if it thinks fit,on the passage through that 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 if agreed to by the Senate the said amendments shall be treated as amendments made by the Senate and agreed to by the House of Representatives; but the exercise of this power by the House of Representatives shall not affect the operation of this section in the event of the rejection of the Bill in the Senate. (4) There shall be inserted in any Bill that is presented to the Governor-General for assent in pursuance of this section 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 House of Representatives. (5) There shall be endorsed on any Bill that is presented to the Governor-General for assent in pursuance of this section the certificate of the Speaker signed by him that the provisions of this section have been complied with.
80.-(l) In sections 77, 78 and 79 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 public money, or the variation or repeal of any such charges;
the grant of money to the Crown 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, or 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 subsection the expressions
taxation, debt, public money
and loan do not include any taxation imposed,
debt incurred or money provided or loan raised by any local
authority or body for local purposes.
(3) Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any functions conferred on him by section 78 or 79 of this Constitution or subsection (1) of this section, that function may be performed by the Deputy Speaker. (4) A certificate of the Speaker or the Deputy Speaker under section 78 or 79 of this Constitution shall be conclusive for all purposes and shall not be questioned in any court of law. (5) Before giving any certificate under section 78 or 79 of this Constitution the Speaker or the Deputy Speaker, as the case may be, shall consult the Attorney-General or, if the Attorney-General is absent from the seat of Government, such member of the Attorney-Generals staff as the Attorney-General may designate for that purpose. 81.-(1) The power of the National Assembly to make laws shall be exercised by Bills passed by the Senate and the House of Representatives (or in the cases mentioned in sections 78 and 79 of this Constitution by the House of Representatives) and assented to by the Governor-General.
(2) When a Bill is submitted to the Governor-General for assent
in accordance with the provisions of this Constitution he
shall signify that he assents or that he withholds assent
thereto. (4) No law made by the National Assembly shall come into operation until it has been assented to by the Governor-General but the National Assembly may postpone the coming into operation of any such law and may make laws with retrospective effect. (5) All laws made by the National Assembly shall be styled Acts. 82.-(1) In every Bill presented to the Governor-General for assent, other than a Bill presented under section 78 or 79 of this Constitution, the words of enactment shall be as follows:- Be it enacted, by and with the advice and consent of the House of Representatives and the Senate of Belize and by the authority of the same, as follows:- (2) In every Bill presented to the Governor-General for assent under section 78 or 79 of this Constitution, the words of enactment shall be as follows:- Be it enacted, by and with the advice and consent of the House of Representatives of Belize in accordance with the provisions of section 78 (or section 79, as the case may be) of the Constitution and by the authority of the same, as follows:- (3) Any alteration of the words of enactment of a Bill made in consequence of the provisions of the preceding subsection shall not be deemed to be an amendment of the Bill. 83.-(l) There shall be a session of the National Assembly at least once in every year, and each session shall be held at such place within Belize and shall begin at such time (not being later than six months from the end of the preceding session if the National Assembly has been prorogued or four months from the end of the session if the National Assembly has been dissolved) as the Governor-General shall appoint by proclamation published in the Gazette. (2) Subject to the provisions of subsection (1) of this section, the sittings of each House shall be held at such time and place as that House may, by its Standing Orders or otherwise, determine: Provided that the first sitting of each House after the National Assembly has at any time been prorogued or dissolved shall begin at the same time. 84.-(l) The Governor-General may at any time prorogue or dissolve the National Assembly. (2)
Subject to the provisions of subsection (3) of this section
the (3) At any time when Belize is at war, the National Assembly may by law extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time: Provided that the life of the National Assembly shall not be extended under this subsection for more than two years.
(4) In the exercise of his powers to dissolve the National
Assembly, the Governor-General shall act in accordance with
the advice of the Prime
(5) If, between a dissolution of the National Assembly and the next ensuing general election of members of the House of Representatives, 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 may, by proclamation published in the Gazette, summon the two Houses of the preceding National Assembly and that National Assembly shall thereupon be deemed (except for the purposes of section 85 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. (6) During the period between the dissolution of the National Assembly and the appointment of a Prime Minister after a general election, the government of Belize shall continue to be administered by the Prime Minister and the other Ministers and Deputy Ministers of the Government. 85.-(1) A general election of members of the House of Representatives shall be held at such time within three months after every dissolution of the National Assembly as the Governor-General, acting in accordance with the advice of the Prime Minister, shall appoint. (2) As soon as practicable after every general election, the Governor-General shall proceed under section 61 of this Constitution to the appointment of Senators.
(3) Where the seat of a member of the House of Representatives
or a Senator falls vacant otherwise than by reason of a dissolution
of the
to fill the vacancy within three months of the occurrence of the vacancy unless the National Assembly is sooner dissolved. 86.-(1) Any question whether-
shall be determined by the Supreme Court in accordance with the provisions of any law. (2) Proceedings for the determination of any question referred to in the preceding subsection shall not be instituted except with the leave of a justice of the Supreme Court. (3) No appeal shall lie from the decision of a justice of the Supreme Court granting or refusing leave to institute proceedings in accordance with the preceding subsection. 87. Any person who sits or votes in either House knowing or having reasonable cause for knowing that he is not entitled to do so shall be liable to a penalty not exceeding one hundred dollars for every day upon which he so sits or votes in that House, which penalty shall be recoverable by action in the Supreme Court at the suit of the Attorney-General. 88.-(l) There shall be an Elections and Boundaries Commission which shall consist of a Chairman and four other members who shall be persons of integrity and high national standing. (2) The chairman and two other members of the Elections and Boundaries Commission shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, and the remaining two members shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given with the concurrence of the Leader of the Opposition: Provided that in the process of consultation with the Leader of the Opposition for the appointment of the Chairman, the Prime Minister shall use his best endeavours to secure the agreement of the Leader of the Opposition. (3) No person shall be qualified to be appointed as a member of the Commission if he is a member of the National Assembly or if he holds or is acting in any public office. (4) If any member of the Commission dies or resigns, the Governor-General shall appoint another person in his place in the same manner in which such member was appointed. (5) Subject to the provisions of this section, the office of a member of the Comniission shall become vacant-
(6) A member of the Commission may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.
(7) A member of the Commission shall be removed from office
by the Governor-General if the question of the removal of
that member from office has been referred to the Belize Advisory
Council in accordance with the next following subsection and
the Belize Advisory Council has advised the Governor-General
that that member ought to be removed from office for inability
as aforesaid or for misbehaviour.
(9) If the question of removing a member of the Commission from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend the member from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that the member should not be removed from office.
(10) If the office of a member of the Commission is vacant
or a member is for any reason unable to perform the functions
of his office, the Governor-General may appoint another person
in the same manner in which such member was appointed, to
act as a member of the Commission, and any person so appointed
shall, subject to the provisions of subsections (6), (7),
(8) and (9) of this section, continue to act until he is notified
by the Governor-General that the circumstances giving rise
to the appointment have ceased to exist. (12) The Commission may regulate its own procedure and, with the approval of the Governor-General given in accordance with the advice of the Prime Minister, confer powers or impose duties on any public officer or authority of the Government for the purpose of the discharge of its functions. (13) The Commission shall be responsible for the direction and supervision of the registration of voters and the conduct of elections, referenda and all matters connected therewith. (14) In the exercise of its functions, the Commission shall not be subject to the direction or control of any other person or authority and shall, subject to the provisions of this Constitution, act in accordance with the Representation of the People Act or any other law, rule or regulation relating to elections. 89.-(1) For the purposes of the election of members of the House of Representatives, Belize shall be divided into eighteen electoral divisions, the names and boundaries of which are set out in Schedule 1 to the Representation of the People Act. (2) Each electoral division shall be represented in the House of Representatives by one elected member. 90.-(1) The Elections and Boundaries Commission shall, after considering the distribution of the population throughout Belize, make proposals from time to time for dividing Belize into electoral divisions in such a way that-
(2) In fixing the boundaries of electoral divisions the Commission shall have regard to the transport and other facilities of the division, and to its physical features. (3) The proposals of the Commission made pursuant to this section shall be laid before the National Assembly by the Chairman of the Commission, and the electoral divisions specified in those proposals shall be the electoral divisions of Belize for the purposes of any law for the time being in force relating to the election of members of the House of Representatives when, and shall not be such electoral divisions until, enacted as law by the National Assembly. (4) When the Elections and Boundaries Commission considers it necessary to increase the number of electoral divisions as specified in subsection (1), it shall make proposals to the National Assembly, and the National Assembly may enact a law to give effect to such proposals, with such amendments and modifications as may seem appropriate to the National Assembly.
91. Any redivision of electoral divisions effected in accordance
with section 90 of this Constitution shall, in respect of
the election of members of the House of Representatives, come
into operation at the next general 92. At any general election-
93. Subject to the provisions of sections 88 to 92 inclusive of this Constitution, the provisions of the Representation of the People Act shall apply to the franchise, registration of voters, the administration of the electoral system, offences relating to the electoral system, the conduct of elections, and all matters connected therewith. |