Tenure of office of Senators

Tenure of office of Senators

Tenure of office of Senators

Tenure of office of Senators

Constitution of Bahamas

Tenure of office of Senators.

43.- (1) The seat of a Senator shall became vacant-

a) upon the next dissolution of Parliament after he has been appointed;

b) if he resigns by writing under his hand addressed to the President of the Senate, or, if the office of President is vacant of the President is absent from The Bahamas, to the Vice-President ;

c) if, with his consent, he is nominated as a candidate for election to the House of Assembly :

d) if he is absent from The Bahamas for a period exceeding forty days at any time when the Senate is sitting, without the leave of the President given in accordance with the provisions of paragraph (2) of this Article ;

e) if he ceases to be a citizen of The Bahamas ;

f) subject to the provisions of paragraph (3) of this Article, if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of sub-paragraph (a), (b), (c), (e), (f), (g) or (h) of Article 42(1) of this Constitution or of any law enacted in pursuance of Article 42(2) of this Constitution ;

g) in the case of a Senator who was appointed as such in accordance with the advice of the Prime Minister or in accordance with te advice of the Leader of the Opposition or on the advice of the Prime Minister after consultation with the Leader of the Opposition, if the Governor-general, acting in accordance with the advice of the Prime Minister or in accordance with the advice of the Leader of the Opposition or on the advice of the Prime Minister after consultation with the Leader of the Opposition, as the case may be, by instrument under the Public Seal, declares the seat of that Senator to be vacant ; or

h) if he becomes interested in any government contract :

Provided that-

i) if in the circumstances it appears to the Senate to be just so to do, the Senate may exempt any Senator from vacating his seat under the provisions of this sub-paragraph, if that Senator, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the Senate the nature of such contract and his interest therein;

ii) if proceedings are taken under a law made under Article 45 of this Constitution to determine whether a Senator has vacated his seat under the provisions of this sub-paragraph he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that he was or had become interested in such contract ; and

iii) no proceedings under the preceding sub-paragraph shall be instituted by any person other than a Senator or Member of the House of Assembly.

(2) The President of the Senate may grant leave to any Senator to be absent from The Bahamas for any period not exceeding six months at any one time.

(3) If the circumstances such as are referred to in sub-paragraph (1)(f) of this Article arise because a Senator is under sentence of death or imprisonment, adjudged to be of unsound mind, declared bankrupt or convicted or reported guilty of a corrupt or illegal practice at elections and if it is open to the Senator to appeal against the decision (either with the leave of a court of other authority or without such leave), he shall forthwith cease to perform his functions as a senator but, subject to paragraph (4) of this Article, he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the President of the Senate may, at the request of the said Senator, 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.

(4) 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 of for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.

(5) 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 (3) of this Article and he may resume the performance of his functions as a Senator.

Constitution of Bahamas

Chapter I - The Constitution

1. The State

2. The Constitution is supreme law

Chapter II - Citizenship

3. Persons who become citizens on 10th July 1973

4. Persons who become citizens on 9th July 1974

5. Persons entitled to be registered as citizens

6. Persons born in The Bahamas after 9th July 1973

7. Persons born The Bahamas after 9th July 1973 of non-citizen parents

8. Persons born outside The Bahamas after 9th July 1973

9. Further provisions for persons born outside The Bahamas after 9th July 1973

10. Marriage to citizens of The Bahamas

11. Deprivation of citizenship

12. Renunciation of citizenship

13. Power of Parliament

14. Interpretation

Chapter III - Protection Of Fundamental Rights And Freedoms Of The Individual

15. Fundamental rights and freedoms of the individual

16. Protection of right to life

17. Protection from inhuman treatment

18. Protection from slavery and forced labour

19. Protection from arbitrary arrest or detention

20. Provisions to secure protection of law

21. Protection for privacy of home and other property

22. Protection of freedom of conscience

23. Protection of freedom of expression

24. Protection of freedom of assembly and association

25. Protection of freedom of movement

26. Protection from discrimination on the grounds of race, etc.

27. Protection from deprivation of property

28. Enforcement of fundamental rights

29. Provisions for time of war or emergency

30. Saving of existing law

31. Interpretation

Chapter IV - The Governor-general

32. Establishment of office of Governor-General

33. Acting Governor-General

34. Deputy to Governor-General

35. Personal staff of Governor-General

36. Public Seal

37. Oaths to be taken by Governor-General

Chapter V - Parliament

Part 1 - Composition of Parliament

38. Establishment of Parliament

Part 2 - The Senate

39. Composition of Senate

40. Purpose of appointment of certain Senator

41. Qualifications for appointment as Senator

42. Disqualifications for appointments as Senator

43. Tenure of office of Senators

44. President and Vice-President

45. Determination of questions as to membership

Part 3 - House of Assembly

46. Composition of House of Assembly

47. Qualifications for membership of House of Assembly

48. Disqualifications for election as members of House of Assembly

49. Tenure of office of Members of House of Assembly

50. Speaker and Deputy Speaker

51. Determination of questions as to membership

Part 4 - Powers and Procedure of Parliament

52. Powers and Procedure of Parliament

53. Privileges of Parliament

54. Alteration of this Constitution

55. Regulation of procedure in Parliament

56. Presiding in the Senate and House of Assembly

57. Quorum

58. Voting

59. Introduction of Bills, etc

60. Restriction on powers of Senate as to Money Bills

61. Restriction on powers of Senate as to Bills other than Money Bills

62. Provisions relating to Articles 59, 60 and 61

63. Assent to Bills

64. Oath of allegiance

Part 5 - Summoning Prorogation and Dissolution

65. Sessions of Parliament

66. Prorogation and dissolution of Parliament

67. General election, bye-elections and appointment of Senators

Part 6 - Delimitation of Constituencies

68. Constituencies

69. Constituencies Commission

70. Procedure for review of constituencies

Chapter VI - The Executive

71. Executive Authority

72. The Cabinet

73. Appointment of Ministers

74. Tenure of office of Ministers

75. Performance of functions of Prime Minister during absence, illness or suspension

76. Temporary Ministers

77. Allocation of portfolios to Ministers

78. Functions of Attorney-General

79. Exercise of Governor-General's powers

80. Governor-General to be informed concerning matters of Government

81. Parliamentary Secretaries

82. Leader of the Opposition

83. Certain vacancies in office of Leader of the Opposition

84. Oaths to be taken by Ministers, etc

85. Leave of absence for Ministers, etc

86. Summoning of and presiding in Cabinet

87. Quorum

88. Permanent Secretaries

89. Constitution of offices, etc

90. Powers of pardon, etc

91. Advisory Committee on Prerogative of Mercy

92. Functions of Advisory Committee

Chapter VII - The Judicature

Part 1 - The Supreme Court

93. Establishment of Supreme Court

94. Appointment of Justices of Supreme Court

95. Acting Justices

96. Tenure of office of Justice of Supreme Court

97. Oaths to be taken by Justices of Supreme Court

Part 2 - Court of Appeal

98. Establishment of Court of Appeal

99. Justices of the Court of Appeal

100. Other arrangements for appeals

101. Acting Justices of Court of Appeal

102. Tenure of office of Justices of Appeal

103. Oaths to be taken by Justices of Appeal

Part 3 - Appeals to Court of Appeal and Her Majesty in Council

104. Appeals relating to fundamental rights and freedoms

105. Appeals to Her Majesty in Council in other cases

106. Interpretation of "Court of Appeal

Chapter VIII - The Public Service

Part 1 - The Public Service Commission

107. Establishment and composition of Public Officers

Part 2 - Appointments etc. of Public Officers

108. Appointments, etc. of public officers

109. Appointments of Permanent Secretaries and certain other public officers

110. Delegation of Governor-General's powers

111. Appointments, etc. of principal representatives of The Bahamas abroad

112. Appointments on transfer in respect of certain offices

113. Appointment of Secretary to the Cabinet

Part 3 - The Public Service Board of Appeal

114. Public Service Board of Appeal

115. Appeals in discipline cases

Part 4 - The Judicial and Legal Service Commission

116. Establishment and composition of the Judicial and Legal Service Commission

117. Appointments, etc. of judicial and legal officers

Part 5 - The Police Service Commission

118. Establishment and composition of the Police Service Commission

119. Appointment of Commissioner of Police and other officers of the Police Force

120. Removal of the Commissioner and Deputy Commissioner of Police

121. Removal and discipline of members of the Force

Part 6 - Pensions

122. Protection of pension rights

123. Grant and withholding of pensions, etc

124. Appeals in respect of certain decisions affecting pensions benefits

Part 7 - Miscellaneous

125. Procedure of Commissions

126. Removal from office of certain persons

127. Public Service

Chapter IX - Finance

128. Consolidated Fund

129. Estimates

130. Authority for public expenditure

131. Withdrawal of money from the Consolidated Fund

132. Withdrawal of money in advance of Appropriation Act

133. Contingencies Fund

134. Public Debt

135. Remuneration of Governor-General and certain other officers

136. Establishment of office and functions of Auditor-General

Chapter X - Interpretation

137. Interpretation

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