THE HOUSE OF REPRESENTATIVES

COMPOSITION OF HOUSE OF REPRESENTATIVES

46.- 1. Subject to the provisions of this section, the House of Representatives shall consist of members who shall be elected in the manner provided by Parliament.

2. There shall be thirty-six members of the House of Representatives or such other number of members as corresponds with the number of constituencies as provided for by an Order made by the President under section 72.

3. Where 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 thirty-six or other number of members aforesaid.

QUALIFICATIONS FOR ELECTION AS MEMBER

47.- Subject to the provisions of section 48, a person shall be qualified to be elected as a member of the House of Representatives if, and shall not be qualified to be so elected unless, he-

a. is a citizen of Trinidad and Tobago of the age of eighteen years or upwards, and

b. has resided in Trinidad and Tobago for a period of two years immediately before the date of his nomination for election or is domiciled and resident in Trinidad and Tobago at that date.

DISQUALIFICATIONS FOR ELECTION AS MEMBER

48.- 1. No person shall be qualified to be elected as a member of the House of Representatives who-

a. is a citizen of a country other than Trinidad and Tobago having become such a citizen voluntarily, or is under a declaration of allegiance to such a country;

b. is an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in Trinidad and Tobago;

c. is mentally ill, within the meaning of the Mental Health Act, 1975;

No. 30 of 1975

d. is under sentence of death imposed on him by a court or is serving a sentence of imprisonment (by whatever name caller) exceeding twelve months imposed on him by a court or substituted by competent authority for same other sentence imposed on him by a court, or is under such a sentence of imprisonment the execution of which has been suspended;

e. is disqualified for membership of the House of Representatives by any law in force in Trinidad and Tobago by reason of his holding, or acting in, any office the functions of which involve:-

i. any responsibility for, or in connection with, the conduct of any election, or

ii. any responsibility for the compilation or revision of any electoral register;

f. is disqualified for membership of the House of Representatives by virtue of any law in force in Trinidad and Tobago by reason of his having been convicted of any offence relating to elections; or

g. is not qualified to be registered as an elector at a Parliamentary election under any law in force in Trinidad and Tobago.

2. Parliament may provide that, subject to such exceptions and limitations, if any, as may be prescribed, a person may be disqualified for membership of the House of Representatives by virtue or-

a. his holding or acting in any office or appointment (either individually or by reference to a class of office or appointment);

b. his belonging to any of the armed forces of the State or to any class of person that is comprised in any such force; or

c. his belonging to any police force or to any class of person that is comprised in any such force.

3. For the purposes of paragraph (d) of subsection (1)-

a. two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and

b. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

TENURE OF OFFICE OF MEMBERS

49.- 1. Every member of the House of Representatives shall vacate his seat in the House at the next dissolution of Parliament election.

2. A member of the House of Representatives shall also vacate his seat in the House where-

a. he resings it by writing under his hand addressed to the Speaker, or where the office of Speaker is vacant or the Speaker is absent from Trinidad and Tobago, to the Deputy Speaker;

b. he is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House;

c. he ceases to be a citizen of Trinidad and Tobago;

d. subject to the provisions of subsection (3), any circumstances arise that, if he were not a member of the House of Representatives, would cause him to be disqualified for election thereto by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section.

3. Where circumstances such as are referred to in paragraph (d) of subsection (2) arise because any member of the House of Representatives is under sentence of death or imprisonment, is mentally ill, declared bankrupt or convicted of an offence relating to elections, and where it is open to the member to appeal against the decision, either with the leave of a court or other authority or without such leave, he shall forthwith cease to perform his functions as a member of the House so however, that subject to the provisions of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter.

4. 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.

5. Where on the determination of any appeal, such circumstances continue to exist and no futher appeal is open to the member, or where, by reason of the expiration of any period fo 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 member to appeal, he shall forthwith vacate his seat.

6. Where at any time before the member of the House vacates his seat such circumstances as are mentioned inthis section cease to exist his seat shall not become vacant on the expiration of the period referred to insubsection (3) and he may resume the performance of his functions as a member of the House.

SPEAKER AND DEPUTY SPEAKER

50.- 1. 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 the Speaker of the House; and if the office of Speaker falls vacant at any time before the next dissolution of Parliament, the House shall, as soon as practicable, elect another person to that office.

2. The Speaker may be elected either from among the members of the House of Representatives who are not Ministers or Parliamentary Secretaries or subject to subsection (3), from among persons who are not members of either House.

3. A person who is not a member of either House shall not be elected Speaker where-

a. he is not a citizen of Trinidad and Tobago; or

b. he is a person disqualified for election as a member of th House of Representatives by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section.

4. When the House of Representatives first meets after any general 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 or a Parliamentary Secretary, to be Deputy Speaker of the House; and if th office of Deputy Speaker falls vacant at any time before the next dissolutionof Parliament, the House shall, as soon as practicable, elect another such member to that office.

5. A person shall vacate the office of Speaker or Deputy Speaker-

a. in the case of a Speaker elected from among the members of the House of Representatives or in the case of the Deputy Speaker-

i. where he ceases to be amember of the House, so however that the Speaker shall not vacate his office by reason only that he has ceased to be a member of the House ib a dissolution of Parliament, until the House first meets after that dissolution;

ii. where he is appointed to be a Minister or a Parliamentary Secretary;

b. in the case of a Speaker elected from among persons who are not members of either House-

i. when the House first meets after any dissolution of Parliament;

ii. where the ceases to be a citizen of Trinidad and Tobago; or

iii. where any circumstances arise that would cause him to be disqualified for election as a member of the House by virtue of subsection (1) of section 48 or any law enacted in pursuance of subsection (2) of that section;

c. where he announces the resignation of his office to the House of Representatives or if by writing under his han addressed, in the case of the Speaker to the Clerk of the House and in the case of the Deputy Speaker to the Speaker, or, if the office of Speaker is vacant or the Speaker is absent from Trinidad and Tobago, to the Clerk of the House, he resigns that office; or

d. in the case of the Deputy Speaker, where he is elected to be Speaker.

6. Where, by virtue of section 49(3) the Speaker or Deputy Speaker is requird to cease to perform his functions as a member of the House of Representatives or where, in the case of the Speaker, by reason of circumstances referred to in subsection (8), ha has temporarily vacated his office, 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-

a. in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacnat or the Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives by virtue of section 49(3) by such member of the House, not being a Minister or Parliamentary Secretary, as the House may elect for the purpose;

b. in the case of the Deputy Speaker, by such memeber of the House not being a Minister of Parliamentary Secretary, as the House may elect for the purpose.

7. Where the Speaker or Deputy Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of section 49(3) he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.

8. Where the Speaker is acting as or performing the functions of President under section 27, he shall vacate the office of Speaker temporarily during such period as he is acting as, or temporarily performing the functions of, President.

QUALIFICATIONS OF VOTERS

51.- Subject to such disqualifications as Parliament may prescribe, a person shall be qualified to vote at an election of member to serve in the House of Representatives if, and shall not be qualified to vote at such an election unless, he-

a. is a Commonwealth citizen (within the meaning of section 18) of the age of eighteen years or upwards; and

b. has such other qualifications regarding residence or registration as may be prescribed.