| The constitution and laws of Barbados
Interpretation
117. 1. In this Constitution -
"Act of Parliament" means any law made by Parliament;
"the Commonwealth" means Barbados, any country to which section 8 applies and
any dependency of any such country;
"the Consolidated Fund" means the Consolidated Fund established by section
107;
"House" means the Senate or the House of Assembly, as the context may
require;
"Judge" means the Chief Justice and any other Judge of the supreme Court;
"law" includes any instrument having the force of law and any unwritten rule of
law;
"oath of allegiance" means the oath of allegiance set out in the First
Schedule;
"Parliament" means the Parliament of Barbados;
"Police Force" means the Royal Barbados Police Force established under the
Police Act, 1961(a);
"public office" means any office of emolument in the public service;
"public officer" means the holder of any public office and includes any person
appointed to act in any such office;
"the public service" means subject to the provisions of subsection (7), the
service of the Crown in a civil capacity in respect of the government of
Barbados;
" session" means, in relation to Parliament, the sittings of Parliament
commencing when it first meets after this Constitution comes into force or
after the prorogation or dissolution of Parliament at any time and terminating
when Parliament is prorogued or is dissolved without having been prorogued;
"sitting" means, in relation to a House, a period during which that House is
sitting continuously without adjournment and includes any period during which
the House is in committee;
"Speaker" and "Deputy Speaker" mean the member of the House of Assembly from
time to time elected by that House to be respectively Speaker or Deputy Speaker
of that House.
2. For the purposes of this Constitution the territory of Barbados shall
compose all the areas that were comprised therein immediately before 30th
November 1966 together with such other areas as Parliament may declare to form
part thereof.
3. Any reference in this Constitution to power to make appointments to any
office shall be construed as including a reference to power to make
appointments on promotion or transfer to that office and to power to appoint a
person to act in or perform the functions of that office during any period
during which it is vacant or during which the holder thereof is unable (whether
by reason of absence or infirmity of body or mind or any other cause) to
perform those functions.
4. Any reference in this Constitution to the holder of an office by the term
designating his office shall be construed as including a reference to any
person for the time being lawfully performing the functions of that office.
5. Where by this Constitution any person is directed, or power is conferred on
any person or authority to appoint a person, to perform the functions of any
office if the holder thereof is unable to perform those functions, the validity
of any performance of those functions by the person so directed or of any
appointment made in exercise of that power shall not be called in question in
any court on the ground that the holder of that office was not or is not unable
to perform those functions.
6. For the purposes of this Constitution a person shall not be considered as
holding a public office by reason only of the fact that he is in receipt for a
pension or other like allowance in respect of public service.
7. In this Constitution references to the public service shall not be construed
as including service in -
a. the office of Governor General, Prime Minister or other Minister,
Parliamentary Secretary, Leader of the Opposition, President, Deputy President
or member of the Senate, speaker, Deputy Speaker, or member of the House of
Assembly or member of the Privy Council;
b. the office of a member of the Judicial and Legal Service Commission, the
public Service Commission or the Police Service Commission;
c. the office of a member of any board, committee or other similar body
(whether incorporated or not) established by any law in force in Barbados; or
d. except as otherwise provided in this Constitution, the office of a Judge or
any office on the personal staff of the Governor General.
8. References in this Constitution to the power to remove a public officer
shall be construed as including references to any power conferred by any law to
require or permit that officer to retire from the public service:
Provided that -
a. nothing in this subsection shall be construed as conferring on any person or
authority power to require a Judge or the Director of Public Prosecutions or
the Auditor General to retire from the public service; and
b. any power conferred by any law to permit a person to retire form the public
service shall, in the case of any public officer who may be removed from office
by some person or authority other than the Governor General acting in
accordance with the advice of a Commission established by this Constitution,
vest in the Governor General acting on the recommendation of the Public Service
Commission.
9. Where any power is conferred by this Constitution to make any proclamation
or order or to give any directions, the power shall be construed as including a
power exercisable in like manner to amend or revoke any such proclamation,
order or directions.
10. No provision of this Constitution that any person or authority shall not be
subject to the direction or control of any other person or authority in
exercising any functions under this Constitution shall be construed as
precluding a court from exercising jurisdiction in relation to any question
whether that person or authority has performed those functions in accordance
with this Constitution or nay other law.
11. The interpretation Act 1966(a) as in force on 29th November 1966 shall
apply, with the necessary adaptations, for the purpose of interpreting this
Constitution and otherwise in relation thereto as it applies for the purpose of
interpreting, and in relation to, an Act of The Legislature of Barbados passed
after the commencement of the aforesaid Act.
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