INTERPRETATION

3.- 1. In this Constitution-

"the Cabinet" means the Cabinet constituted under this Constitution;

"the Commonwealth" means Trinidad and Tobago, any country to which section 18 applies and any dependency of any such country;

"Court" means any court of law in Trinidad and Tobago other than a court martial and shall be construed as including the Judicial Committee;

"financial year" means any period of twelve months beginning on the first day of January in any year or such other date as may be prescribed;

"general election" means a general election of members to serve in the House of Representatives;

"House" means either the House of Representatives or the Senate as the context may require;

"Judge" includes the Chief Justice, a Judge of Appeal and a Puisne Judge;

"Judicial Committee" means the Judicial Committee of the Privy Council established by the Judicial Committee Act, 1833 of the United Kingdom as from time to time emended by any Act of Parliament of the United Kingdom;

1833. Ch. 41

"law" includes any enactment, and any Act or statutory instrument of the United Kingdom that before the commencement of this Constitution has effect as part of the law of Trinidad and Tobago, having the force of law and any unwritten rule of law;

"oath" includes affirmation;

"oath of allegiance" means the oath of allegiance set out in the First Schedule or such other oath as may be prescribed;

"Parliament" means the Parliament of Trinidad and Tobago;

"parliamentary election" means an election of a member or members to serve in the House of Representatives;

"prescribed" means prescribed by or under an Act of Parliament;

"public office" means an 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;

"public service" means subject to the provisions of subsectios (4) and (5), the service of the Government of Trinidad and Tobago in a civil capacity;

"Service Commission" means the Judicial and Legal Service Commission, the Public Service Commission, the Police Service Commission or the Teaching Service Commission;

"session" means, in relation to a House, the sittings of that House 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;

"Trinidad and Tobago" has the meaning attributed to that expression in the Trinidad and Tobago Independence Act, 1962;

"the former Constitution" means the Trinidad and Tobago Constitution set out in the Second Schedule to the Trinidad and Tobago (Constitution) Order-in-Council, 1962.

2. In this Constitution-

a. a reference to an appointment to any office shall be construed as including a reference to the appointment of a person to act in or perform the functions of that office at any time when the office is vacant or the holder thereof is unable (whether by reason of absence or infirmity of mind or body or any other cause) to perform the functions of that office; and

b. a reference 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 acting in or performing the functions of that office.

3. 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 an 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 the office is not unable to perform the functions of the office.

4. For the purposes of this Constitution a person shall not be considered to hold an office in the public service by reason only that-

a. he is in receipt of a pension or other like allowance in respect of public service;

b. he holds the office of-

i. President;

ii. Speaker, President of the Senate, Deputy Speaker or Vice-President of the Senate, Minister, Parliamentary Secretary, member or temporary member of the Senate or member of the Houser of Representatives;

iii. Ombudsman or member of the Integrity Commission or member of any other Commission established by this Constitution;

iv. Judge or member of a Superior Court of Record or any special judicial tribunal established by Act of Parliament or member of the Public Service Appeal Board;

v. member of any board, commission, committee or similar body, whether incorporated or not, established by any enactment;

vi. member of the personal staff of the President.

c. he is-

i. a consultant or adviser appointed for specific purposes; or

ii. a person appointed on contract for a period not exceeding five years.

5. Where Parliament so provides, a person shall not be considered for the purposes of this Constitution or any part of this Constitution to hold office in the public service by reason only that he is the holder of a special office established by or under an Act.

6. Where Parliament so provides, a person shall not be considered for the purposes of this Constitution or any part of this Constitution to hold office in the public service by reason only that he is the holder of a special office established by or under an Act.

7. Any power conferred by any law to permit a person to retire from the public service shall, in the case of any public officer who may be removed from office by some person or authority other than a Commission established by this Constitution, vest in the Public Service Commission.

8. Nothing in subsection (6) shall be construed as conferring on any person or authority power to require a Judge or the Auditor General to retire from the public service.

9. Where any power is conferred by this Constitution to make any proclamation, order, rules or regulations or to give any directions, the power shal be construed as including a power exerciable in like manner to amend or revoke any such proclamation, order, rules regulations or directions.