The Governor General

The Governor General

The constitution and laws of Barbados

CHAPTER IV

THE GOVERNOR GENERAL

Establishment of office of Governor General

28. There shall be a Governor General of Barbados who shall be appointed by Her Majesty and shall hold office during Her Majesty's pleasure and who shall be Her Majesty's representative in Barbados.

Acting Governor General

29. 1. Whenever the office of Governor General is vacant or the holder of the office is absent from Barbados or is for any other reason unable to perform the functions of his office, those functions shall be performed -

a. by any person for the time being designated by Her Majesty in that behalf who is in Barbados and able to perform those functions; or

b. at any time when there is no person in Barbados so designated and able to perform those functions, by the holder of the office of Chief Justice; or

c. at any time referred to in paragraph (b) when the office of Chief Justice is vacant or the holder thereof is absent from Barbados or is for any other reason unable to perform those functions, by the President of the Senate.

2. The holder of the office of Governor General or any person designated under paragraph (2) or by paragraph (b) of subsection (1) shall not, for the purposes of this section, be regarded as absent from Barbados or as unable to perform the functions of the office of Governor General at any time when there is a subsisting appointment of a deputy under section 30.

Deputy to Governor General

30. 1. Whenever the Governor General -

a. has occasion to be absent from Barbados for a period which he has reason to believe will be of short duration; or

b. is suffering from an illness that he has reason to believe will be of short duration,

he may, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal, appoint any person in Barbados to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor General as may be specified in that instrument.

2. The power and authority of the Governor General shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and in the exercise of any function that is exercisable by he Governor General acting in his discretion or after consultation with any person or authority a deputy shall conform to and observe any instructions that the Governor General, acting in like manner, may address to him;

Provided that the question whether or not a deputy has conformed to observed any such instructions shall not be enquired into in any court.

3. A person appointed as a deputy under this section shall that appointment for such period as may be specified in the instrument by which he is appointed and his appointment may be revoked at any time by the Governor General acting in accordance with the advice of the Prime Minister.

Personal staff of Governor - General

31. 1. Parliament may prescribe the offices that are to constitute the personal staff of the Governor - General, the salaries and allowances that are to be paid to the members of the staff and the other sums that are to be paid in respect of the expenditure attaching to the office of Governor - General.

2. Any salaries or other sums prescribed under subsection (1) are hereby charged on and shall be paid out of the Consolidated Fund.

3. Subject to the provisions of subsection (4), power to make appointments to the offices for the time being prescribed under subsection (1) as offices that are to constitute the personal staff of the Governor - General, and to remove and to exercise disciplinary control over persons holding or acting in any such office, is hereby vested in the Governor - General acting in his discretion.

4. The Governor - General, acting in his discretion, may appoint to any of the offices prescribed under subsection (1) such public officers as he may select from a list submitted by the Public Service Commission, but -

a. the provisions of subsection (3) shall apply in relation to an officer so appointed as respects his service on the personal staff of the Governor - General but not as respects his service as a public officer;

b. an officer so appointed shall not, during his continuance on the personal staff of the Governor - General, perform the functions of any public office; and

c. an officer so appointed may at any time be appointed by the Governor - General, if the Public Service Commission so recommend to assume or resume the functions of a public office and he shall thereupon vacate his office on the personal staff of the Governor - General, but the Governor - General may, in his discretion, decline to release the officer for that appointment.

5. All offices prescribed under subsection (1) as offices that are to constitute the personal staff of the Governor - General shall, for the purposes of Chapter Viii, be deemed to be public offices.

Exercise of Governor - General's functions

32. 1. The Governor - General shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet in the exercise of his functions other than -

a. any function which is expressed (in whatever terms) to be exercisable by him on or in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority other than the Cabinet; and

b. any function which is expressed (in whatever terms) to be exercisable by him in his discretion.

2. Subsection (1) shall not apply to the functions conferred upon the Governor - General by the following provisions of this Constitution, that it to say -

a. section 66(2) (which requires the Governor - General to revoke the appointment of the Prime Minister in certain circumstances);

b. the proviso to section 61(2) (which requires the Governor - General to dissolve Parliament in certain circumstances); and

c. section 84(4) (which requires the Governor - General to remove a Judge from office in certain circumstances).

3. Where the Governor - General is directed to exercise any function on the recommendation of any person or authority, he shall exercise that function in accordance with such recommendation:

Provided that -

a. before he acts in accordance therewith, he may, in his discretion, once refer that recommendation back for reconsideration by the person or authority concerned; and

b. if that person or authority, having reconsidered the original recommendation under paragraph (a), substitutes therefor a recommendation under paragraph (a), substitutes therefor a different recommendation, the provisions of this subsection shall apply to that different recommendation as they apply to the original recommendation.

4. Where the Governor - General is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority.

5. Where the Governor - General is directed to exercise any function in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be enquired into in any court.

6. Where the Governor - General is directed to exercise any function on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, the following steps shall be taken: -

a. the Prime Minister shall first consult the Leader of the Opposition and thereafter tender his recommendation to the Governor - General;

b. the Governor - General shall then inform the Leader of the Opposition of that recommendation and if the Leader of the Opposition concurs therein the Governor General shall act in accordance with the recommendation;

c. if the Leader of the Opposition does not concur in the recommendation the Governor General shall so inform the Primer Minister and refer the recommendation back to him:

d. the Prime Minister shall then advise the Governor General and the Governor General shall act in accordance with that advice.

7. Any reference in this Constitution to the functions of the Governor General shall be construed as a reference to this powers and duties in the exercise of the executive authority of Barbados and to any other powers and duties conferred or imposed on him as Governor General by or under this Constitution or any other law.

Public Seal

33. The Governor General shall keep and use the Public Seal for sealing all things that shall pass the Public Seal.

Oaths to be taken by Governor General

34. A person appointed to the office Governor - General or assuming the functions of that office under section 29 shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and an oath for the due execution of the office of Governor General in the form set out in the First Schedule, such oaths being administered by the Chief Justice or such other Judge as may be designated by the Chief Justice.

Constitution of Barbados

1. Constitution is supreme law

2. Persons who become citizens on 30th November 1966

3. Persons entitled to be registered as citizens

4. Persons born in Barbados after 29th November 1966

5. Persons born outside Barbados after 29th November 1966

6. Marriage to citizen of Barbados

7. Renunciation of citizenship

8. Commonwealth citizens

9. Powers of Parliament

10. Interpretation

11. Fundamental rights and freedoms of the individual

12. Protection of right to life

13. Protection of right to personal liberty

14. Protection from slavery and forced labour

15. Protection from inhuman treatment

16. Protection from deprivation of property

17. Protection against arbitrary search or entry

18. Provisions to secure protection of law

19. Protection of freedom of conscience

20. Protection of freedom of expression

21. Protection of freedom of assembly and association

22. Protection of freedom of movement

23. Protection from discrimination on grounds of race, etc

24. Enforcement of protective provisions

25. Time of emergency

26. Saving of existing law

27. Interpretation

28. Establishment of office of Governor General

29. Acting Governor General

30. Deputy to governor General

31. Personal staff of governor General

32. Exercise of Governor General's functions

33. Public Seal

34. Oaths to be taken by Governor General

35. Establishment of Parliament

36. Senate

37. Qualifications for membership of Senate

38. Disqualifications for membership of Senate

39. Tenure of seats of Senators

40. President and Deputy President of Senate

41. House of Assembly

42. Electoral law

43. Qualifications for membership of Assembly

44. Disqualifications for membership of Assembly

45. Tenure of seats of members of Assembly

46. Determination of questions of membership of Senate and Assembly

47. Filling of casual vacancies in Senate and Assembly

48. Power to make laws

49. Alteration of this Constitution

50. Regulation of procedure in Parliament

51. Presiding in Senate

52. Quorum of Senate

53. Voting in Senate

54. Introduction of Bills, etc

55. Restriction on powers of Senate as to Money Bills

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

57. Provisions relating to sections 54, 55 and 56

58. Asset to Bills

59. Oath of allegiance

60. Sessions of Parliament

61. Prorogation and dissolution of Parliament

62. General election and appointment of Senators

63. Executive authority of Barbados

64. Cabinet

65. Appointment of Ministers

66. Tenure of office of Ministers

67. Performance of Prime Minister's functions in certain events

68. Temporary Ministers

69. Oaths to be taken by Ministers

70. Presiding in Cabinet

71. Governor General to be informed concerning matters of government

72. Assignment of responsibilities to Ministers

73. Parliamentary Secretaries

74. Leader of the Opposition

75. Certain vacancies in office of Leader of Opposition

76. Privy Council

77. Proceedings of Privy Council

78. Prerogative of mercy

79. Establishment of office and functions for Director of Public

80. Establishment of Supreme Court

81. Appointment of Judges

82. Acting Judges

83. Oaths to be taken by Judges

84. Tenure of office of Judges

85. Constitution of Court of Appeal

86. Other arrangements for appeals

87. Appeals relating to fundamental rights and freedoms

88. Appeals to Her Majesty in Council in other cases

89. Establishment and composition of Judicial and Legal Service Commission

90. Establishment and composition of Public Service Commission

91. Establishment and composition of Police Commission

92. Procedure of Commissions

93. Appointment, etc., of judicial and legal officers

94. Appointment, etc., of public officers

95. Delegation of powers under section 94

96. Appointment, etc., of members of the Police Force

97. Delegation of powers under section 96

98. Appeals to Privy Council in disciplinary matters

99. Appointment of permanent secretaries and certain other public officers

100. Appointment, etc., of principal representatives abroad and subordinate staff

101. Appointment, etc., of Director of Public Prosecutions

102. Appointment, etc., of Auditor General

103. Protection of pension rights

104. Grant and withholding of pensions, etc

105. Removal form office of certain persons

106. Protection of Commissions, etc., from legal proceedings

107. Consolidated Fund

108. Estimates

109. Authorization of expenditure

110. Meeting expenditure from Consolidated Fund

111. Public debt

112. Remuneration of governor General and certain other officers

113. Establishment of office and functions of Auditor General

114. Appointments

115. Resignations

116. Vacation of office on attaining a prescribed age

117. Interpretation

First Schedule

Oaths


Second Schedule

Provisions Relating To Certain Tribunals


Third Schedule

Rules Relating To The Constituencies

Constitution Governor General 2022
Scott Morrison saga casts scrutiny on Australia's governor-general RNZ
Australia's PM says referendum on republic not his priority Star Tribune
Trent: How Canada can shift from constitutional monarchy to constitutional democracy Ottawa Citizen
No unity under a political president The Spectator Australia