30 de abril de 2008

LA CONSTITUCION DE BELICE - PARTE X

PART X
Miscellaneous
121.-(1) The persons to whom this section applies shall conduct themselves in such a way as not- to place themselves in positions in which they have or could have a conflict of interest:
to compromise the fair exercise of their public or official functions and duties;
to use their office for private gun;
to demean their office or position;
to allow their integrity to be called into question; or
to endanger or diminish respect for, or confidence in, the integrity of the Government.
(2) This section applies to the Governor-General, members of the National Assembly, members of the Belize Advisory Council, members of the Public Services Commission, members of the Elections and Boundaries Commission, public officers, officers of statutory corporations and government agencies, and such other officers as may be proscribed by law enacted by the National Assembly.
122. The national symbols of Belize shall be those prescribed by the National Assembly.
123.-(1) Any reference in this Constitution to power to make appointments to any public office shall be construed as including a reference to power to make appointments on promotion and transfer to that office and to power to appoint a person to act in that office during any period during which it is vacant or the holder thereof is unable to perform the functions of that office.
(2) In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his office shall be construed as including a reference to any person who is 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 act in or otherwise to perform the functions of an office if the holder thereof is unable to perform the functions of that office, 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 of law on the ground that the holder of the office is not unable to perform the functions of the office.
124.-(l) Where any person has vacated any office established by this Constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.
(2) Whenever the holder of any office constituted by or under this Constitution, or any public office otherwise constituted, is on leave of absence pending relinquishment of his office-
another person may be appointed to that office; and
that person shall, for the purpose of any function of that office, be deemed to be the sole holder of that office.
125.-(1) References in this Constitution to the power to remove a public officer from his office 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 and to any power or right to terminate a contract on which a person is employed as a public officer and to determine whether any such contract shall or shall not be renewed:
Provided that nothing in this subsection shall be construed as conferring on any person or authority power to require any justice of the Supreme Court or Justice of Appeal, the Director of Public Prosecutions, or the Auditor-General to retire from the public service.
(2) Any provision of this Constitution that vests in any person or authority power to remove any public officer from his office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or any class of public officer on attaining an age specified therein.
126.-(1) A Senator or a member of the House of Representatives may resign his seat by writing under his hand addressed to the President or the Speaker, as the case may be, and the resignation shall take effect, and the seat shall accordingly become vacant, when the writing is received, as the case may be, by-
the President or Speaker;
if the office of President or Speaker is vacant or the President or Speaker is for any reason unable to perform the functions of his office and no other person is performing them, the Vice-President or Deputy Speaker; or
if the office of Vice-President or Deputy Speaker is vacant or the Vice-President or Deputy Speaker is for any reason unable to perform the functions of his office and no other person is performing them, the Clerk to the National Assembly.
(2) The President or the Vice-President or the Speaker or the Deputy Speaker may resign his office by writing under his hand addressed to the Senate or the House, as the case may be, and the resignation shall take effect, and the office shall accordingly become vacant, when the writing is received by the Clerk to the National Assembly.
(3) Any person who has been appointed to an office established by this Constitution (other than an office to which subsection (1) or (2) of this section applies) or any office of Minister established under this Constitution may resign that office by writing under his hand addressed to the person or authority by whom he was appointed and the resignation shall take effect, and the office shall accordingly become vacant-
at such time or on such date (if any) as may be specified in the writing; or
when the writing is received by the person or authority to whom it is addressed or by such other person as may be authorised to receive it,
whichever is the later:
Provided that the resignation may be withdrawn before it takes effect if the person or authority to whom the resignation is addressed consents to its withdrawal.
127. 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 the exercise of any functions under this Constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or any other law or should not perform those functions.
128. Where any power is conferred by this Constitution to make any proclamation, regulation, order or rule, or to give any direction or instructions, the power shall be construed as including the power, ideas exercisable in like manner, to amend or revoke any such proclamation, regulation, order, rule, direction or instructions.
129.-(1) Where any person or authority is directed by this Constitution to exercise any function after consultation with any other person or authority, that person or authority shall not be obliged to exercise that function in accordance with the advice of that other person or authority.
(2) Where any person or authority is directed by this Constitution or any other law to consult any other person or authority before taking any decision or action, that other person or authority must be given a genuine opportunity to present his or its views before the decision or action, as the once may be, is taken.
130. There shall be a national seal bearing on it such device as the National Assembly shall approve by resolution.
131.-(1) In this Constitution, unless the context otherwise requires "Belize" means the land and sea areas defined in Schedule 1 to this Constitution;
"Commonwealth citizen" has such meaning as the National Assembly may prescribe;
"Court of Appeal" means the Court of Appeal established by this Constitution;
"Crown" means the Crown in right of Belize;
"financial year" means the twelve months ending on 31st March in any year or on such other date as may from time to time be prescribed by any law enacted by the National Assembly;
"the Gazette" means the Belize Government Gazette and includes any supplement thereto;
"the Government" means the Government of Belize;
"the House" means the House of Representatives or the Senate as the context may require;
"the House of Representatives" means the House of Representatives established by this Constitution;
"Independence Day" means 21st September, 1981;
"law" means any law in force in Belize or any part thereof, including any instrument having the force of law and any unwritten rule of law, and "lawful" and "lawfully" shall be construed accordingly;
"Minister" means a Minister of Government;
"the National Assembly" means the National Assembly established by this Constitution;
"oath" includes affirmation;
"oath of allegiance and office" means the oath prescribed in Schedule 3 to this Constitution;
"Police Force" means the Belize Police Force;
"President" and "Vice-President" mean the respective persons holding office as President and Vice-President of the Senate;
"public office" means any office of emolument in the public service;
"public officer" means a person holding or acting in any public office;
"the public service" means, subject to the provisions of this section, the service of the Crown in a civil capacity in respect of the Government;
"Senate" means the Senate established by this Constitution;
"session" means, in relation to a House of the National Assembly, the sittings of that House commencing when it first meets after the prorogation or dissolution of the National Assembly at any time and terminating when the National Assembly is prorogued or is dissolved without having been prorogued;
"sitting" means, in relation to a House of the National Assembly, 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 respective persons holding office as Speaker and Deputy Speaker of the House of Representatives;
"Supreme Court" means the Supreme Court of Judicature established by this Constitution.
(2) Except in sections 63(1) and 71 of this Constitution, references in this Constitution to a member or members of the House of Representatives or to a Senator or Senators do not include references to a person who, under section 56(2), is a member of the House by virtue of holding the office of Speaker, or who, under section 61(1), is a Senator by virtue of holding the office of President.
(3) In this Constitution, unless the context otherwise requires, references to an office in the public service shall be construed as including references to the offices of justice of the Supreme Court and Justice of Appeal, offices of members of the Police Force, and offices on the Governor-General's personal staff.
(4) In this Constitution, unless the context otherwise requires, references to an office in the public service shall not be construed as including references to the office of Prime Minister or other Minister, Minister of State, Speaker or Deputy Speaker or member of the House of Representatives, President or Vice-President or Senator, member of the Belize Advisory Council, or member of any Commission established by this Constitution or the Clerk, Deputy Clerk or staff of the National Assembly.
(5) For the purposes of this Constitution, a person shall not be regarded as holding a public office by reason only of the fact that he is in receipt of a pension or other like allowance in respect of service under the Crown. (6) Save as otherwise provided in this Constitution, the Interpretation Ordinance 1980 as in force immediately before Independence Day shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution.

29 de abril de 2008

LA CONSTITUCION DE BELICE - PARTE IX

PART IX
Finance
114 -(1) All revenues or other moneys raised or received by Belize (not being revenues or other moneys payable under this Constitution or any other law into some other public fund established for a specific purpose) shall be paid into and form one Consolidated Revenue Fund.
(2) No moneys shall be withdrawn from the Consolidated Revenue Fund except to meet expenditure that is charged upon the Fund by this Constitution or any other law enacted by the National Assembly or where the issue of those moneys has been authorised by an appropriation law or by a law made in pursuance of section 116 of this Constitution.
(3) No moneys shall be withdrawn from any public fund other than the Consolidated Revenue Fund unless the issue of those moneys has been authorised by a law enacted by the National Assembly.
(4) No moneys shall be withdrawn from the Consolidated Revenue Fund or any other public fund except in the manner prescribed by law.
115.-(1) The Minister responsible for finance shall prepare and lay before the House of Representatives in each financial year estimates of the revenues and expenditures of Belize for the next following financial year.
(2) The heads of expenditure contained in the estimates (other than expenditure charged upon the Consolidated Revenue Fund by this Constitution or any other law) shall be included in a Bill, to be known as an Appropriation Bill, providing for the issue from the Consolidated Revenue Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.
(3), If in respect of any financed year it is found-
that the amount appropriated by the appropriation law for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by that law; or
that any moneys have been expended for any purpose in excess of the amount appropriated for the purpose by the appropriation law or for a purpose for which no amount has been appropriated by that law,
a supplementary estimate showing the sums required or spent shall be laid before the House of Representatives and the heads of any such expenditure shall be included in a supplementary Appropriation Bill.
116. Any law enacted by the National Assembly may make provision under which, if the appropriation law in respect of any financial year has not come into operation by the beginning of that financial year, the Minister responsible for finance may authorise the withdrawal of moneys from the Consolidated Revenue Fund for the purpose of meeting expenditure necessary to carry on the services of the Government until the expiration of four months from the beginning of that financial year or the coming into operation of the appropriation law, whichever is the earlier.
117.(1) Any law enacted by the National Assembly may provide for the establishment of a Contingencies Fund and for authorizing the Minister responsible for finance, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Fund to meet that need.
(2) Where any advance is made in accordance with subsection (1) of this section a supplementary estimate shall be presented and a supplementary Appropriation Bill shall be introduced as soon as possible for the purpose of replacing the amount so advanced.
118.-(1) There shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by or under a law enacted by the National Assembly.
(2) The salaries and allowances prescribed in pursuance of this section in respect of the holders of the offices to which this section applies shall be a charge on the Consolidated Revenue Fund.
(3) The salary prescribed in pursuance of this section in respect of the holder of any office to which this section applies and his other terms of service (other than allowances that are not taken into account in computing, under any law in that behalf, any pension payable in respect of his service in that office) shall not he altered to his disadvantage after his appointment.
(4) When a person's salary or other terms of service depend upon his option, the salary or terms for which he opts shall, for the purposes of subsection (3) of this section, be deemed to be more advantageous to him than any others for which he might have opted.
(5) This section applies to the offices of the Governor~General, the Chief Justice, Justice of Appeal, justice of the Supreme Court, member of the Belize Advisory Council, member of the Public Services Commission, member of the Elections and Boundaries Commission, the Director of Public Prosecutions and the Auditor General.
(6) Nothing in this section shall be construed as prejudicing the provisions of section 112 of this Constitution.
119.-(1) There shall be charged on the Consolidated Revenue Fund all debt charges for which Belize is liable.
(2) For the purposes of this section debt charges include interest, sinking fund charges, the repayment or amortization of debt, and all expenditure in connection with the raising of loans on the security of the Consolidated Revenue Fund and the service and redemption of debt created thereby.
120.-(1) There shall be an Auditor-General whose office shall be a public office.
(2) The Auditor-General shall-
satisfy himself that all moneys that have been appropriated by the National Assembly and disbursed have been applied to the purposes to which they were so appropriated and that the expenditure conforms to the authority that governs it; and
at least once in every year audit and report on the public accounts of Belize, the accounts of all officers and authorities of the Government, the accounts of all courts of law in Belize, the accounts of the Belize Advisory Council and every Commission established by this Constitution and the accounts of the Clerk to the National Assembly.
(3) The Auditor-General and any officer authorised by him shall have access to all books, records, returns, reports end other documents which in his opinion relate to any of the accounts referred to in subsection (2) of this section.
(4) The Auditor-General shall submit every report made by him in pursuance of subsection (2) of this section to the Minister responsible for finance who shall, not later than seven days after the House of Representatives first meets after he has received the report, lay it before the House.
(5) If the Minister fails to lay a report before the House in accordance with the provisions of subsection (4) of this section the Auditor-General shall transmit copies of that report to the Speaker who shall, as soon as practicable, present them to the House.
(6) The Auditor-General shall exercise such other functions in relation to the accounts of the Government or the accounts of other authorities or bodies established by law for public purposes as may be prescribed by or under any law enacted by the National Assembly.
(7) In the exercise of his functions under subsections (2), (3), (4) and (5) of this section. the Auditor-General shall not be subject to the direction or control of any other person or authority.

28 de abril de 2008

SOS. HELP BRUNO. Blog Solidarity







The boy in these photos is Bruno Alberto Gentiletti. He disappeared on March 2, 1997 in Rosario's resort called La Florida when he was 9 years old (see first photo).


Bruno has green greyish eyes, chestnut-colored hair, white skin and a scar located in the right scapula. He was born on June 18, 1988 in Las Rosas, Santa Fe, Argentina.


Today Bruno is 19 years old. His family did a study of progression of age at the International Center for Missing and Exploited Children. Bruno would look like the second photo now.

We believe that you can help us find him. So I ask you to send an email with the information and/or the address of this blog http://brunogentiletti.blogspot.com to all your friends and acquaintances, in this country and around the world, so that in turn, they can do the same.




Like Bruno, there are thousands of children who have been denied the right to grow up with their families and they all deserve that an effort be made to find them.
Thank you for YOUR HELP!!!

Marisa Olguín ( Bruno’s Mother)Juan de Garay 867 - Las Rosas - Santa Fe - Argentina


Tel.: 03471-454212




27 de abril de 2008

LA CONSTITUCION DE BELICE - VIII

PART VIII
The Public Service
105.(1) There shall be for Belize a Public Services Commission which shall consist of a Chairman and eighteen other members who shall include as ex officio members the Chief Justice, the Solicitor General, the Permanent Secretary, Establishment, the Permanent Secretary to the Ministry of Home Affairs, the Permanent Secretary to the Ministry of Defence, the Permanent Secretary to the Ministry for the time being responsible for the Prison Service, the Superintendent of Prisons, the Commissioner of Police, the Director, Security and Intelligence Service and the Commandant of the Belize Defence Force.
(2) The Chairman and other members of the Commission, other than the ex officio members, shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition.
(3) No person shall be qualified to be appointed as a member of the Commission if he is a member of the National Assembly or, save in respect of the ex officio members, if he holds or is acting in any public office.
(4) Save in respect of the ex officio members, a person shall not, while he holds or is acting in the office of a member of the Commission or within a period of two years commencing from the date on which he last held or acted in that office, be eligible for appointment to any public of lice.
(5) Subject to the provisions of this section, the office of a member of the Commission shall become vacant-
at the expiration of three years from the date of his appointment or such earlier time, being not less than two years, as may be specified in the instrument by which he was appointed; or
if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
(6) A member of the Commission may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.
(7) A member of the Commission shall be removed from office by the Governor-General if the question of the removal of that member from office has been referred to the Belize Advisory Council in accordance with the next following subsection and the Belize Advisory Council has advised the Governor-General that that member ought to be removed from office for inability as aforesaid or for misbehaviour.
(8) If the Prime Minister represents to the Governor-General that the question of removing a member of the Commission under this section ought to be investigated, then-
the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in Section 54 of this Constitution; and
the Belize Advisory Council shall enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether that member of the Commission should be removed under this section.
(9) If the question of removing a member of the Commission from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend the member from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that the member should not be removed from office.
(10) If the office of a member of the Commission is vacant or a member is for any reason unable to perform the functions of his office, the Governor-General may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission, and any person so appointed shall, subject to the provisions of subsections (6), (a), (8) and (9) of this section, continue to act until he is notified by the Governor-General that the circumstances giving rise to the appointment have ceased to exist.
(11) In the exercise of its functions the Commission shall be so organised that of the eighteen members other than the Chairman-
five, of whom the Permanent Secretary, Establishment shall be ex-officio member, shall be responsible for matters relating to the public service other than the judicial and legal services, the Police Force, the Security and Intelligence Service, the National Fire Service, the Prison Service and the military Service;
two, being ex officio the Chief Justice and the Solicitor General, shall be responsible for matters rebating to the judicial and legal services;
four, of whom the Permanent Secretary to the Ministry of Defence and the Commandant of the Belize Defence Force shall be car officio members, shall be responsible for matters relating to the military service; and
three, of whom the Permanent Secretary to the Ministry of Home Affairs and the Commissioner of Police shall be ax officio members, shall be responsible for matters relating to the Police Force and the National Fire Service; and
three, of whom the Permanent Secretary to the Ministry of Home Affairs and the Director, Security and Intelligence Service shall be ax officio members, shall be responsible for matters relating to the Security and Intelligence Service;
two, being ex-officio the Permanent Secretary to the Ministry for the time being responsible for the Prison Service and the Superintendent of Prisons, shall be responsible for matters relating to the Prison Service;
and in considering the matters referred to, the Commission shall comprise the members responsible for that matter and the Chairman.
(12) A member of the Commission shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office.
(13) The Commission shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.
(14) The Commission may by regulation make provision for regulating and facilitating the performance of its functions under this Constitution.
(15) Subject to the provisions of this section, the Commission may regulate its own procedure.
(16) Any decision of the Commission shall require the concurrence of a majority of all the members thereof and, subject to its rules of procedure, the Commission may act notwithstanding the absence of any member other than the Chairman:
Provided that, in the exercise of its responsibilities for any matter referred to in subsection (11) of this section, any decision of the Commission shall require the concurrence of a majority of those persons comprising the Commission for the purposes of that matter.
Provided further that in any matter before the Commission or any section thereof, where the votes are equally divided, the Chairman shall have a casting vote in addition to his original vote.
(17) In subsection (11) of this section-
"Judicial and legal services" means service in the offices of Registrar General, Deputy Registrar General, Registrar, Deputy Registrar and Assistant Registrar of the Supreme Court, Registrar and Deputy Registrar of the Court of Appeal, Chief Magistrate, Magistrate, Legal Draftsman, Law Revision Counsel, Crown Counsel, Legal Assistant and such other public offices requiring a legal qualification as the Attorney-General may from time to time, by order published in the Gazette, prescribe;
"Military service" means service in the Belize Defence Force or in any other military, naval or air force established for Belize.
106.-(1) The power to appoint persons to hold or act in offices in the public service (including the power to transfer or confirm appointments), and, subject to the provisions of section 111 of this Constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Public Services Commission constituted for each case as prescribed in section 105(11) of this Constitution.
(2) In subsection (1) of this section, "public service" includes the military service, as defined in section 105(17) of this Constitution.
(3) Subject to the provisions of this Constitution, the Governor-General, acting in accordance with the advice of the Minister or Ministers responsible for the public service given after consultation with the recognised representatives of the employees or other persons or groups within the public service as may be considered appropriate, may make regulations on any matter relating to-
the formulation of schemes for recruitment to the public service;
the determination of a code of conduct for public officers;
the fixing of salaries and privileges;
the principles governing the promotion and transfer of public officers;
measures to ensure discipline, and to govern the dismissal and retirement of public officers, including the procedures to be followed;
the procedure for delegation of authority by and to public officers; and
generally for the management and control of the public service.
(4) The Public Services Commission shall, in the exercise of its functions under this section, be governed by regulations made under subsection (3) of this section.
(5) The Public Services Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the Commission or, with the consent of the Prime Minister, to any public officer.
(6) The provisions of subsection (1) of this section shall not apply in relation to the following offices, that is to say-
any office to which section 107 of this Constitution applies;
the offices of justice of the Supreme Count and Justice of Appeal;
the office of Auditor-General;
the office of Director of Public Prosecutions; or
any office to which section 110 or Section 110A or Section 110B of this Constitution applies.
(7) No person shall be appointed under this section to or to act in any office on the Governor-General's personal staff except with the concurrence of the Governor-General, acting in his own deliberate judgment.
(8) A public officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the Judicial and Legal Services section of the Public Services Commission concurs therein.
107.-(1) This section applies to the offices of Financial Secretary, Deputy Financial Secretary, Secretary to the Cabinet, Solicitor General, Permanent Secretary, head of a department of Government, Commissioner of Police, Director, Security and Intelligence Service, Commandant, Belize Defence Force, Ambassador, High Commissioner or principal representative of Belize in any other country or accredited to any international organization and, subject to the provisions of this Constitution, any other office designated by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Public Services Commission.
(2) The power to appoint persons to hold or to act in offices to which this section applies (including the power to transfer or to confirm appointments) and, subject to the provisions of Section 111 of this Constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such parsons from office shall vest in the Governor-General, acting in accordance with the advice of the Prime Minister.
(3) References in this section to a department of Government shall not include the office of the Governor-General, the department of the Director of Public Prosecutions or the department of the Auditor General.
108.-(1) The Director of Public Prosecutions shall be appointed by the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Section of the Public Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition.
(2) A person shall not be qualified for appointment to hold or act in the office of Director of Public Prosecutions unless he is qualified to be appointed as a justice of the Supreme Court.
(3) If the office of Director of Public Prosecutions is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Public Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition, may appoint a person to act as Director.
(4) A person appointed to act in the office of Director of Public Prosecutions shall, subject to the provisions of subsections (5), (7), (8) and (9) of this section, cease so to act-
when a person is appointed to hold that office and has resumed the functions thereof or, as the case may be, when the person in whose pace he is acting resumes the functions of that office; or
at such earlier time as may be prescribed by the terms of his appointment.
(5) Subject to the provisions of subsection (6) of this section, the Director of Public Prosecutions shall vacate his office when he attains the age of sixty years or such other age as may be prescribed by the National Assembly:
Provided that any law enacted by the National Assembly, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Director of Public Prosecutions, shall not have effect in relation to that person unless he consents that it should have effect.
(6) The Director of Public Prosecutions may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of nuns or body or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.
(7) The Director of Public Prosecutions shall be removed from office by the Governor-General if the question of his removal from office has been referred to the Belize Advisory Council in accordance with the next following subsection and the Belize Advisory Council has advised the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
(8) If the Prime Minister represents to the Governor-General that the question of removing the Director of Public Prosecutions under this section ought to be investigated, then-
the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in Section 54 of this Constitution; and
the Belize Advisory Council shall enquire into the matter and report on the facts Hereof to the Governor-General and advise the Governor-General whether he should be removed under this section
(9) If the question of removing the Director of Public Prosecutions from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend him from performing the functions of his office, ant any such suspension may at any time be revokes by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that be should not be removed from office.
109.-(1) The Auditor-General shall be appointed by the Governor- General, acting in accordance with the advice of the Public Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition.
(2) If the office of Auditor-General is vacant or if the holder of that office is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Public Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition, may appoint a person to act as Auditor-General.
(3) A person appointed to act in the office of Auditor-General shall, subject to the provisions of subsections (4), (6), (7) and (8) of this section, cease so to act-
after a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or
at such earlier time as may be prescribed by the terms of his appointment.
(4) Subject to the provisions of subsection (5) of this section, the Auditor-General shall vacate his office when he attains the age of sixty years or such other age as may be prescribed by the National Assembly:
Provided that any law enacted by the National Assembly, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Auditor-General, shall not have effect in relation to that person unless he consents that it should have effect.
(5) The Auditor-General may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.
(6) The Auditor-General shall be removed from office by the Governor-General if the question of his removal from office has been referred to the Belize Advisory Council in accordance with the next following subsection and the Belize Advisory Council has advised the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
(7) If the Prime Minister represents to the Governor-General that the question of removing the Auditor-General under this section ought to be investigated, then-
the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in Section 54 of this Constitution; and
the Belize Advisory Council shall enquire into the matter and report on the facts thereof to the Govemor-General and advise the Governor-General whether he should be removed under this section.
(8) If the question of removing the Auditor-General from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend him from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that he should not be removed from office.
110.-(1) Power to appoint persons to hold or act in any office in the Police Force (including power to confirm appointments) below the rank of Inspector and to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office sha11 vest in the Commissioner of Police.
(2) The Commissioner of Police may, subject to such conditions he thinks fit, delegate any of his powers under this section, by directions in writing, to any other officer of the Police Force.
110A.-(l) The power to appoint persons to hold or act in any office in the Security and Intelligence Service (including power to confirm appointments) to the rank of Grade III of that Service or below and to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office sha11 vest in the Director of the Service subject to the approval of the Minister for the time being responsible for the Service.
(2) The Director, Security and Intelligence Service may, subject to such conditions as he thinks fit, delegate any of his powers under this section, by directions in writing, to any senior officer of the Service.
110B.-(l) The power to appoint persons to hold or act in any office in the Prison Service (including power to confirm appointments) below the rank of Principal Officer, ant to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office, shall vest in the Superintendent of Prisons.
(2) The Superintendent of Prisons may, subject to such conditions as he thinks fit, delegate any of his powers under this section, by directions in writing, to any other senior officer of the Prison Service.
111.-(1) This section applies to-
any decision of the Governor-General, acting in accordance with the advice of the Prime Minister or the Public Services Commission as the case may be, in relation to the public service, or any decision of the Public Services Commission to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under auction 106(5) of this Constitution);
any decision of any person to whom powers are delegated under section 106(5) of this Constitution to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confimnation by the Public Services Commission); and
if it is so provided by the National Assembly, any decision of the Commissioner of Police under subsection (1) of section 110 of this Constitution, or of a person to whom powers are delegated under subsection (2) of that section, to remove a police officer from office or to exercise disciplinary control over a police officer.
if it is so provided by the National Assembly, any decision of the Superintendent of Prisons under sub- section (1) of Section ll0B of this Constitution, or of a person to whom powers are delegated under subsection (2) of that section, to remove an officer in the Prison Service from office or to exercise disciplinary control over such officer.
(2) Subject to the provisions of this section, an appeal shall lie to the Belize Advisory Council from any decision to which this section applies at the instance of the public officer in respect of whom the decision is made:
Provided that in the case of any such decision as is referred to in subsection (l)(c) of this section, an appeal shall lie in the first instance to the Commissioner of Police if it is so provided by the National Assembly or, if it is not so provided, if the Commissioner so requires.
(3) Upon an appeal under this section the Belize Advisory Council may affirm or set aside the decision appealed against or may make any other decision which the authority or person from whom the appeal lies court have made.
(4) Subject to the provisions of section 54 of this Constitution, the Belize Advisory Council may by regulation make provision for-
the procedure in appeals under this section; or
excepting from the provisions of subsection (2) of this section decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be prescribed.
(5) Regulations made under this section may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or any authority of the Government for the purpose of the exercise of the functions of the Belize Advisory Council.
(6) In this section, "public officers" includes any person holding or acting in an office in the military service as defined in section 105(17) of this Constitution.
112.-(1) The law to be applied with respect to any pensions benefits that were granted to any person before Independence Day shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.
(2) The law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) of this section applies) shall-
in so far as those benefits are wholly in respect of a period of service as a public officer that commenced before Independence Day, be the law that was in force immediately before that date; and
in so far as those benefits are wholly or partly in respect of a period of service as a public officer that commenced after Independence Day, be the law in force on the date on which that period of service commenced, or any law in force at a later date not less favourable to that person.
(3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his caste, the law for which he opts shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws.
(4) All pensions benefits shall (except to the extent to which, in the case of benefits under the Widows' and Orphans' Pensions Ordinance or under any law amending or replacing that Ordinance, they are a charge on a fund established by that Ordinance or by any such law and have been duly paid out of that fund to the person or authority to whom payment is due) be s charge on the general revenues of Belize.
(5) In this section, "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependents or personal representatives of such persons in respect of such service.
(6) References in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be wanted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have bees granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits.
113.-(1) The power to grant any award under any pensions law for the time being in force in Belize (other than an award to which, under that law, the person to whom it is payable is enticed as of right) and, in accordance with any provisions in that behalf contained in say such law, to withhold, reduce in amount or suspend say award payable under any such law, shall vest in the Governor General.
(2) The power vested in the Governor General by the preceding subsection shall be exercised by him-
in the case of officers to whom Section 107 of this Constitution applies, acting in accordance with the advice of the Prime Minister,
in the case of all other officers, acting in accordance with the advice of the Public Services Commission.
(3) In this section, "pensions law" means any law relating to the grant to any person, or to the widow, children, dependents or personal representatives of that person, of an award in respect of the services of that person in a public office, and includes any instrument made under any such law.

25 de abril de 2008

LA CONSTITUCION DE BELICE - LA JUDICATURA

PART VII
The Judiciary
94. There shall be for Belize a Supreme Court of Judicature and a Court of Appeal.
95.-(1) The Supreme Court shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such jurisdiction and powers as may be conferred on it by this Constitution or any other law.
(2) The justices of the Supreme Court shall be the Chief Justice and such number of other justices as may from time to time be prescribed by the National Assembly:
Provided that the office of a justice shall not be abolished while there is a substantive holder thereof.
(3) The Supreme Court shall be a superior court of record and, save as otherwise provided by any law, shall have all the powers of such a court.
(4) The Supreme Court shall sit in such places as the Chief Justice may appoint.
96.-(1) Subject to the provisions of sections 33(2), 34(4), 54(15), 69(6), 80(4) and 123(3) of this Constitution, where any question as to the interpretation of this Constitution arises in any court of law established for Belize (other than the Court of Appeal, the Supreme Court or a court martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the Supreme Court.
(2) Where any question is referred to the Supreme Court in pursuance of this section, the Supreme Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of an appeal to the Court of Appeal or Her Majesty in Council, in accordance with the decision of the Court of Appeal or, as the case may be, Her Majesty in Council.
97.-(1) The Chief Justice shall be appointed by the Governor General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition.
(2) Justices of the Supreme Court other than the Chief Justice shall be appointed by the Governor-General, acting in accordance with the advice of the Judicial and Legal Services section of the Public Services Commission and with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition.
(3) A person shall not be qualified to be appointed as a justice of the Supreme Court unless-
he is qualified to practice as an attorney-at-law in a court in Belize or as an advocate in a court in any other part of the Commonwealth having unlimited jurisdiction either in civil or criminal causes or matters; and
he has been qualified for not less than five years so to practice in such a court.
(4) If the office of Chief Justice is vacant or the Chief Justice is for any reason including his absence from Belize unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by the justice other than the Chief Justice, or if there be more than one then by such one of the justices as may for the time being be designated in that behalf by the Governor-General, acting in the manner prescribed in subsection (1) of this section.
(5) If the office of any justice other than the Chief Justice is vacant or if any such justice is appointed to act as Chief Justice or is for any reason unable to perform the functions of his office or if the Chief Justice advises the Governor-General that the state of business in the Supreme Court so requires, the Governor-General, acting in the manner prescribed in subsection (2) of this section, may appoint a person who is qualified to be appointed as a justice of the Supreme Court to act as a justice of that court:
Provided that a person may act as a justice notwithstanding that he has attained the age of sixty-two years.
(6) Any person appointed under subsection (5) of this section to act as a justice shall, subject to the provisions of subsections (4) and (6) of section 98 of this Constitution. continue to act for the period of his appointment or, if no such period is specified, until his appointment is revoked by the Governor-General:
Provided that, notwithstanding the expiration of the period of his appointment or the revocation of his appointment, he may thereafter continue to act as a justice for so long as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him previously thereto.
98.-(1) Subject to the following provisions of this section, a justice of the Supreme Court shall hold office until he attains the age of sixty-two years:
Provided that-
he may at any time resign his office; and
the Governor General-
in the case of the Chief Justice, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition; and
in the case of a Justice of the Supreme Court other than the Chief Justice, acting in accordance with the advice of the Judicial and Legal Services Section of the Public Services Commission ant with the concurrence of the Prime Minister given after consultation with the Leader of the Opposition,
may permit a Justice who attains the age of sixty-two years to continue in office until he has attained any later age not exceeding seventy years.
(2) Notwithstanding that he has attained the age at which he is required by or under this section to vacate his office, a person holding the office of a justice of the Supreme Court may continue in office for so long after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.
(3) A justice of the Supreme Court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.
(4) A justice of the Supreme Court shall be removed from office by the Governor-General if the question of the removal of that justice from office has been referred to the Belize Advisory Council in accordance with the next following subsection and the Belize Advisory Council has advised the Governor General that that justice ought to be removed from office for inability as aforesaid or for misbehaviour.
(5) If the Governor General considers that the question of removing a justice of the Supreme Court from office for inability as aforesaid or for misbehaviour ought to be investigated, then-
the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in Section 54 of this Constitution; and
the Belize Advisory Council shall enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether that justice should be removed under this section.
(6) If the question of removing a justice of the Supreme Court from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend the justice from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor- General that the justice should not be removed from office.
(7) Except as otherwise provided in this section, the functions of the Governor-General under this section shall be exercised by him in his own deliberate judgment.
99. A justice of the Supreme Court shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office.
100.-(1) The Court of Appeal shall have such jurisdiction and powers to hear and determine appeals in civil and criminal matters as may be conferred on it by this Constitution or any other law.
(2) The Judges of the Court of Appeal (hereinafter referred to as "Justices of Appeal") shall be a President and such number of other Justices as may be prescribed by the National Assembly:
Provided that the office of Justice of Appeal shall not be abolished while there is a substantive holder of that office.
(3) The Court of Appeal shall be a superior court of record and, save as otherwise provided by any law, shall have all the powers of such a court.
(4) The Court of Appeal shall sit in such places as the President may appoint.
101.-(1) The Justices of Appeal shall be appointed by the Governor- General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, for such period as may be specified in the instrument of appointment.
(2) A person shall not be qualified to be appointed as a Justice of Appeal unless either-
he holds or has heft office as judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; or
he is qualified to practice as an attorney-at-law in a court in Belize or as an advocate in a court in any other part of the Commonwealth having unlimited jurisdiction in either civil or criminal causes or matters and has been so qualified for Dot less than fifteen years.
(3) Any power exercisable by a single Justice of Appeal may, at any time when there is no such Justice present in Belize and able to perform the functions of his office, be exercised by a justice of the Supreme Court as if that justice were a Justice of Appeal.
(4) If the office of the President is vacant or he is for any reason unable to perform the functions of his office, then until some other person has been appointed to or has been appointed to act in, and has assumed the functions of, that office, or until the President has resumed those functions, as the case may be, those functions shall be performed by such one of the other Justices of Appeal as the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, may appoint for that purpose.
(5) If the office of a Justice of Appeal other than the President is vacant, or if any such Justice is appointed to act as the President, or is for any season unable to perform the functions of his office, the Governor General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, may appoint a person possessing such legal qualifications and experience as he, after consultation with the President, may deem appropriate to be temporarily a Justice of Appeal.
(6) Any person appointed under subsection (5) of this section to he temporarily a Justice of Appeal shall hold office until his appointment is revoked by the Governor-General.
102.-(1) Subject to the following provisions of this section, the office of a Justice of Appeal shall become vacant upon the expiration of the period of his appointment to that office or if he resigns his office.
(2) A Justice of Appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, ant shall not be so removes except in accordance with the provisions of this section.
(3) A Justice of Appeal shall be removed from office by the Governor-General if the question of the removal of that Justice from office has been referred to the Belize Advisory Council in accordance with the next following subsection and the Belize Advisory Council has advises the Governor-General that that Justice ought to be removed from office for inability as aforesaid or for misbehaviour.
(4) If the Governor-General considers that the question of removing a Justice of Appeal from office for inability as aforesaid or for misbehaviour ought to be investigated, then-
the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in section 54 of this Constitution; and
The Belize Advisory Council shall enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether that Justice should be removed under this section.
(5) If the question of removing a Justice of Appeal from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend the Justice from performing the functions of his office, and any such suspension may at any time be revoked by toe Governor-General and shall in any case ease to have effect if the Belize Advisory Council advises the Governor-General that the Justice should not be removed from office.
(6) Except as provided in subsection (3) of this section, the functions of the Governor-General under this section shall be exercised by him in his own deliberate judgment.
103. A Justice of Appeal shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office.
104.-(1) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases-
final decisions in any civil, criminal, or other proceedings which involve a question as to the interpretation of this Constitution; and
such other eases as may be prescribed by the National Assembly.
(2) An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council with the leave of the Court of Appeal in the following cases-
decisions in any civil proceedings where in the opinion of the Court of Appeal the question involved in the appeal is one which by reason of its general or public importance or otherwise ought to be submitted to Her Majesty in Council; and
such other cases as may be prescribed by the National Assembly.
(3) An appeal shall lie to Her Majesty in Council with the special leave of Her Majesty from any decision of the Court of Appeal in any civil, criminal or other matter.

24 de abril de 2008

LA CONSTITUCION DE BELICE - LOS LEYES DE BELICE

PART VI
The Legislature
55. There shall be in and for Belize a Legislature which shall consist of a National Assembly comprising two Houses, that is to say, a House of Representatives and a Senate.
The House of Representatives56.-(1) Subject to the provisions of this section, the House of Representatives shall consist of eighteen members who shall be elected in the manner provided by law.
(2) If 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 eighteen members aforesaid.
(3) The National Assembly, in accordance with the provisions of section 90 of this Constitution, may by law increase the number of members of the House of Representatives.
57. Subject to the provisions of section 58 of this Constitution, 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-
is a citizen of Belize of the age of eighteen years or upwards; and
has resided in Belize for a period of at least one year immediately before the date of his nomination for election.
58. -(1) No person shall be qualified to be elected as a member of the House of Representatives who-
is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or State;
is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;
is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;
is under sentence of death imposed on him by a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;
is disqualified for membership of the House of Representatives by any law by reason of his holding, or acting in, any office the functions of which involve-
any responsibility for, or in connection with, the conduct of any election, or
any responsibility for the compilation or revision of any electoral register;
is disqualified for membership of the House of Representatives by virtue of any law by reason of his having been convicted of any offence relating to elections;
is disqualified for membership of the House of Representatives under any law by virtue of-
his holding or acting in any office or appointment specified (either individually or by reference to a class of office or appointment) by such law;
his belonging to any of the armed forces of Belize or to any class of person that is comprised in any such force, or
his belonging to any police force or to any class of persons that is comprised in any such force; or
is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the government for or on account of the public service and has not, within one month before the day of election, declared publicly and in a newspaper circulating in the electoral division for which be is a candidate a notice setting out the nature of the contract and his interest, or the interest of any such firm or company therein:
Provided that if it appears to the Governor-General, acting in his own deliberate judgment, that it is proper so to do, he may by order direct that any such disqualification shall be disregarded for the purposes of this section, but no such order shall be made if proceedings have been commenced calling in question the right of that member to be a member of the House of Representatives on the ground that he is disqualified under this paragraph.
(2) For the purposes of paragraph (d) of subsection (1) of this section-
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
no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
59.-(1) Every member of the House of Representatives shall vacate his seat in the House at the next dissolution of the National Assembly after his election.
(2) A member of the House of Representatives shall also vacate his seat in the House-
if he is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the Standing Orders of the House;
if he ceases to be a citizen of Belize;
subject to the provisions of subsection (3) of the section, if any circumstances arise that, if he were not a member of the House of Representatives, would cause him to be disqualified for Section thereto by virtue of section 58(1) of this Constitution; or
if he shall become a party to any contract with the government for or on account of the public service, or if any firm in which he is a partner or any company of which he is a director or manager shall become a party to any such contract, or if he shall become a partner in a firm or a director or manager of a company which is a party to any such contract:
Provided that if in the circumstances it shall appear to them just so to do, the House of Representatives by resolution may exempt any member thereof from vacating his seat under the provisions of this paragraph if such member shall, before becoming a party to such contract as aforesaid or before or as soon as practicable after becoming otherwise interested in such contract (whether as partner in a firm or director or manager of a company), disclose to the House the nature of such contract and his interest or the interest of any such firm or company therein.
(3) (a) If circumstances such as are referred to in paragraph (c) of subsection (2) of this section arise because any member of the House of Representatives is under sentence of death or imprisonment, or adjudged to be insane or otherwise of unsound mind, or declared bankrupt and undischarged, or convicted of an offense relating to elections, and if 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 but, subject to the provisions of this subsection, he shall not vacate his seat until the expiration of a period of thirty days thereafter:
Provided that 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.
(b) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for 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.
(c) If at any time before the member of the House 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 (a) of this subsection and he may resume the performance of his functions as a member of the House.
60.-(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 Speaker of the House; and, if the office of Speaker falls vacant at any time before the next dissolution of the National Assembly, the House shall, as soon as practicable, elect another person to that office.
(2) The Speaker shall be above the age of thirty years and may be elected either from among the members of the House of Representatives who are not Ministers or from among persons who are not members of either House:
Provided that a person who is not a member of either House shall not be elected as Speaker if-
he is not a citizen of Belize; or
he is a person disqualified for election as a member of the House of Representatives by virtue of section 58(1) of this Constitution.
(3) 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, to be Deputy Speaker of the House; and if the office of Deputy Speaker falls vacant at any time before the next dissolution of the National Assembly, the House shall, as soon as practicable, elect another such member to that office.
(4) A person shall vacate the office of Speaker or Deputy Speaker-
in the case of a Speaker elected from among members of the House of Representatives or in the case of the Deputy Speaker-
if he ceases to be a member of the House; or
if he is appointed to be a Minister;
in the case of a Speaker elected from among persons who are not members of either House-
upon any dissolution of the National Assembly;
if he ceases to be a citizen of Belize; or
if any circumstances arise which would cause him to be disqualified for election as a member of the House by virtue of section 58(1) of this Constitution;
in the case of the Deputy Speaker, if he is elected to be Speaker.
(5) (a) If, by virtue of section 59(3) of this Constitution, the Speaker or Deputy Speaker is required to cease to perform his functions as a member of the House of Representatives 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 other, be performed-
in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant, by such member of the House (not being a Minister) as the House may elect for the purpose;
in the case of the Deputy Speaker, by such member of the House (not being a Minister) as the House may elect for the purpose.
(b) If the Speaker or Deputy Speaker resumes the performance of his functions as a member of the House, in accordance with the provisions of section 59(3) of this Constitution, he shall also resume the performance of his functions as Speaker or Deputy Speaker, as the case may be.
The Senate
61.(1) The Senate shall consist of eight members (in this Constitution referred to as "Senators") who shall be appointed by the Governor-General in accordance with the provisions of this section:
Provided that if any person who is not a Senator is elected to be President of the Senate he shall, by virtue of holding office of President, be a Senator in addition to the eight members aforesaid.
(2) Of the eight Senators-
five shall be appointed by the Governor-General acting in accordance with the advice of the Prime Minister;
two shall be appointed in accordance with the provisions of subsection (3) of this section:
one shall be appointed by the Governor-General acting after consultation with the Belize Advisory Council.
(3) The two Senators referred to in subsection (2)(b) of this section shall be appointed-
by the Governor-General acting in accordance with the advice of the Leader of the Opposition; or
if the office of Leader of the Opposition is vacant, then-
by the Governor-General acting in accordance with the advice of a person selected by him, in his own deliberate judgment, for the purpose of tendering such advice; or
if the Governor-General, in his own deliberate judgment, decides to select two such persons, by the Governor-General acting in accordance with the advice of such persons, each of whom shall advise him on the appointment of one Senator.
62. Subject to the provisions of section 63 of this Constitution, a person shall be qualified to be appointed as a Senator if, and shall not be qualified to be so appointed unless, he-
is a citizen of Belize of the age of eighteen years or upwards; and
has resided in Belize for a period of at least one year immediately before the date of his appointment.
63.-(1) No person shall be qualified to be appointed as a Senator who-
is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or State;
is a member of the House of Representatives;
is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;
is a person certified to be insane or otherwise to be of unsound mind under any law;
is under sentence of death imposed upon him by a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposes on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;
is disqualified for membership of the House of Representatives by any law by reason of his holding, or acting in, any office the functions of which involve-
any responsibility for, or in connection with, the conduct of any election; or
any responsibility for the compilation or revision
of any electoral register;
is disqualified for membership of the House of Representatives by virtue of any law by reason of his having been convicted of any offence relating to elections;
is disqualified for membership of the Senate under any law by virtue of
his holding or acting in any office or appointment specified (either individually or by reference to a class of office or appointment) by such law;
his belonging to any of the armed forces of Belize or to any class of person that is comprised in any such force; or
his belonging to any police force or to any class of person that is comprised in any such force; or
is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government for or on account of the public service, and has not disclosed to the Governor-General the nature of such contract and his interest, or the interest of any such firm or company, therein:
Provided that if it appears to the Governor-General, acting in his own deliberate judgment, that it is proper so to do, he may by order direct that any such disqualification shall be disregarded for the purposes of this section.
(2) For the purposes of paragraph (c) of subsection (1) this section-
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
no account shall be taken of a sentence of imprisonment imposed as sun alternative to or in default of the payment of a fine.
64.-(1) Every Senator shall vacate his seat in the Senate at the next dissolution of the National Assembly after his appointment.
(2) A Senator shall also vacate his seat in the Senate-
if he is absent from the sittings of the Senate for such period and in such circumstances as may be prescribed in the Standing Orders of the Senate;
if, with his consent, he is nominated as a candidate for election to the House of Representatives;
if he ceases to be a citizen of Belize;
subject to the provisions of subsection (3) of this section, if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of section 63(1) of this Constitution;
if the Governor-General, acting in accordance with the advice of the Prime Minister in the case of a Senator appointed in accordance with that advice, or acting in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed in accordance with that advice, or acting after consultation with the Belize Advisory Council in the case of a Senator appointed after such consultation, declares the seat of that Senator to be vacant; or
if he shall become a party to any contract with the Government for or on account of the public service, or if any firm in which he is a partner or any company of which he is a director or manager shall become a party to any such contract, or if he shall become a partner in a firm or a director or manager of a company which is a party to any such contract:
Provided that if in the circumstances it shall appear to him to be just so to do, the Governor-General, acting in his own deliberate judgment, may exempt any Senator from vacating his seat under the provisions of this paragraph if such Senator shall, before becoming a party to such contract as aforesaid or before or as soon as practicable after becoming otherwise interested in such contract (whether as partner in a firm or director or manager of a company), disclose to the Governor-General the nature of such contract and his interest or the interest of any such firm or company therein.
(3) (a) If circumstances such as are referred to in paragraph (d) of subsection (2) of this section arise because a Senator is under sentence of death or imprisonment, or adjudged to be insane or otherwise of unsound mind, or declared bankrupt and is undischarged, or convicted of an offence relating to elections, and it is open to the Senator 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 Senator but, subject to the provisions of this subsection, he shall not vacate his seat until the expiration of a period of thirty days thereafter:
Provided that the President of the Senate may 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.
(b) If, on the determination of an 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 or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.
(c) 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 (a) of this subsection and he may resume the performance of his functions as Senator.
65.-(1) The Governor-General may declare a Senator to be, by reason of illness, temporarily incapable of performing his functions as a Senator and thereupon such Senator shall not perform his said functions until he is declared by the Governor-General again to be capable of performing them.
(2) Whenever a Senator is incapable of performing his functions as a Senator by reason of his absence from Belize or by virtue of the provisions of section 64 of this Constitution or by reason of a declaration made under the last foregoing subsection, the Governor General may appoint a person qualified for appointment as a Senator to be temporarily a member of the Senate.
(3) Subsections (1) and (2) of section 64 of this Constitution shall apply in relation to a person appointed as a Senator under this section as they apply in relation to a Senator appointed under section 61 (except that paragraph (d) of the said subsection (2) shall apply as if it were not expressed to be subject to subsection (3) of the said section 64) and an appointment made under this section shall in any case cease to have effect when the person appointed is notified by the Governor-General that the circumstances giving rise to his appointment have ceased to exist. (4) In the exercise of the powers conferred on him by this section the Governor-General shall act-
in accordance with the advice of the Prime Minister in relation to an appointment to be temporarily a member of the Senate in place of a Senator appointed in pursuance of paragraph (a) of subsection (2) of section 61 of this Constitution;
in accordance with the advice of the Over of the Opposition in relation to an appointment to be temporarily a member of the Senate in place of a Senator appointed in pursuance of paragraph (b) of subsection (2) of the said section;
after consultation with the Belize Advisory Council in any other case.
66. -( I ) When the Senate first meets after any general election and before it proceeds to the despatch of any other business, it shall elect a person to be President of the Senate; and, if the office of President falls vacant at any time before the next dissolution of the National Assembly, the Senate shall, as soon as practicable, elect another person to that office.
(2) When the Senate first meets after any general election and before it proceeds to the despatch of any other business except the election of the President, it shall elect a Senator, who is not a Minister, to be Vice-President of the Senate; and if the office of Vice-President falls vacant at any time before the next dissolution of the National Assembly, the Senate shall, as soon as practicable, elect another Senator to that office.
(3) The President and the Vice-President shall be above the age of thirty years and the President may be elected either from among the Senators who are not Ministers or from among persons who are not members of either House:
Provided that a person who is not a member of either House shall not be elected as President if-
he is not a citizen of Belize; or
he is a person disqualified for election as a member of the House of Representatives by virtue of section 58(1) of this Constitution.
(4) A person shall vacate the office of President or Vice-President of the Senate-
in the case of a President elected from among members of the Senate or in the case of the Vice-President-
if he ceases to be a Senator; or
if he is appointed to be a Minister;
in the case of a President elected from among persons who are not members of either House-
upon any dissolution of the National Assembly;
if he ceases to be a Citizen of Belize; or
if any circumstances arise which would cause him to be disqualified for election as a member of the House of Representatives by virtue of section 58(1) of this Constitution;
in the case of the Vice-President, if he is elected to be President.
(5)
If, by virtue of section 64(3) of this Constitution, the President or the Vice-President is required to cease to perform his functions as a Senator he shall also cease to perform his functions as President or Vice-President, as the case may be, and those functions shall, until he vacates his seat in the Senate or resumes the performance of the functions of his office, be performed-
in the case of the President, by the Vice-President or, if the office of Vice-President is vacant, by such Senator (not being Minister) as the Senate may elect for the purpose;
in the case of the Vice-President, by such Senator (not being a Minister) as the Senate may elect for the purpose.
If the President or Vice-President resumes the performance of his functions as Senator, in accordance with the provisions of section 64(3) of this Constitution, he shall also resume the performance of his functions as President or Vice-President, as the case may be.
67.-(1) There shall be a Clerk to the National Assembly (who shall be the Clerk of both Houses) and a Deputy Clerk and such other assistants as may be necessary.
(2) The National Assembly may by law regulate the recruitment and the conditions of service of persons referred to in subsection (1).
Powers and Procedure68. Subject to the provisions of this Constitution, the National Assembly may make laws for the peace, order and good government of Belize.
69.-(1) The National Assembly may alter any of the provisions of this Constitution in the manner specified in the following provisions of this section.
(2) Until after the first general election held after Independence Day a Bill to alter any of the provisions of this Constitution shall not be regarded as being passed by the National Assembly unless on its final reading in each House the Bill is supported by the unanimous vote of all members of that House.
(3) A Bill to alter this section, Schedule 2 to this Constitution or any of the provisions of this Constitution specified in that Schedule shall not be regarded as being passed by the House of Representatives unless on its final reading in the House the Bill is supported by the votes of not less than three-quarters of all the members of the House.
(4) A Bill to alter any of the provisions of this Constitution other than those referred to in subsection (3) of this section shall not be regarded as being passed by the House of Representatives unless on its final reading in the House the Bill is supported by the votes of not less than two-thirds of all the members of the House.
(5) A Bill to alter any of the provisions of this Constitution referred to in subsection (3) of this section shall not be submitted to the Governor-General for his assent unless there has been an interval of not less than ninety days between the introduction of the Bill in the House of Representatives and the beginning of the proceedings in the House on the second reading of the Bill.
(6)
A Bill to alter any of the provisions of this Constitution shall not be submitted to the Governor-General for his assent unless it is accompanied by a certificate of the Speaker by him that the provisions of subsection (2), (3) or (4) of this section, as the case may be, have been complied with.
The certificate of the Speaker under this subsection shall be conclusive that the provisions of subsection (2), (3) or (4) of this section, as the case may be, have been complied with and shall not be enquired into by any court of law.
In this subsection, references to the Speaker shall, if the person holding the office of Speaker is for any reason unable to perform the functions of his office and no other person is performing them, include references to the Deputy Speaker.
(7) In this section and Schedule 2 to this Constitution, references to any of the provisions of this Constitution include references to any law that alters that provision.
(8) In this section references to altering this Constitution or any provision thereof include references-
to revoking it, with or without re-enactment thereof or the making of different provision in lieu thereof;
to modifying it, whether by omitting or amending any of its provision or inserting additional provisions in it or otherwise; and
to suspending its operations for any period or terminating any such suspension.
70.- Subject to provisions of this Constitution, each house may make, amend or revoke Standing Orders for the regulation and orderly conduct of its own proceedings and the despatch of business, and the passing, intituling and numbering of Bills and the presentation of the same to the Governor General for assent.
(2) A Minister shall be permitted to address the House of which he is not a member but shall have no vote in that House.
71.-(1) Except for the purposes of enabling this section to be complied with, no member of either House shall sit or vote therein, or be entitled to or receive any salary or emoluments in respect of his office until he has made and subscribed before that House the oath of allegiance and office:
Provided that the election of a Speaker and Deputy Speaker of the House of Representatives and the election of a President and Vice-President of the Senate may take place before the members of the House of Representatives or of the Senate, as the case may be, have made and subscribed such oath.
(2) If between the time when a person becomes a member of the House of Representatives and the time when that House first meets thereafter, a meeting takes place of any committee of that House of which that person is a member, that person may, in order to enable him to attend the meeting and take part in the proceedings of the committee, make and subscribe the oath before the Speaker or, if the Speaker is absent from Belize or the office of Speaker is vacant, before the Deputy Speaker; and the making and subscribing of the oath in such manner shall suffice for all the purposes of this section.
(3) The provisions of subsection (2) of this section shall apply in relation to a person who becomes a member of the Senate as they apply in relation to a person who becomes a member of the House of Representatives but as if references to the Speaker and the Deputy Speaker were references to the President and the Vice-President.
72.-(1) The Speaker, or in his absence, the Deputy Speaker, or, if they are both absent, a member of the House of Representatives (not being a Minister) elected by the House for that sitting shall preside at each sitting of the House.
(2) The President, or in his absence, the Vice-President, or, if they are both absent, a Senator (not being a Minister) elected by the Senate for that sitting shall preside at each sitting of the Senate.
(3) References in this section to circumstances in which the Speaker, Deputy Speaker, President or Vice-President is absent include references to circumstances in which the office of Speaker, Deputy Speaker, President or Vice-President is vacant.
73.-(1) Save as otherwise provided in this Constitution, all questions proposed for decision in either House shall be determined by a majority of the votes of the members thereof present and voting.
(2) A Speaker elected from among persons who are members of the House of Representatives or a President elected from among persons who are Senators or a member of either House presiding in that House shall have a original but not a casting vote.
(3) A Speaker elected from among persons who are not members of the House of Representatives or a President elected from among persons who are not Senators shall have no vote.
(4) If upon any question before either House the votes of the members are equally divided the motion shall be lost.
74. Without prejudice to any provision made by the National Assembly relating to the powers, privileges and immunities of the Senate or the House of Representatives and the committees thereof, or the privileges and immunities of the members and officers of either House and of other persons concerned in the business of either House or the committees thereof, no civil or criminal proceedings may be instituted against any member of either House for words spoken before, or written in a report to, either House or a committee thereof or by reason of any matter or thing brought by him therein by petition, Bill, resolution, motion or otherwise.
75. A House shall not be disqualified for the transaction of business by reason of any vacancy in the membership thereof (including any vacancy not filled when the House is first constituted or is reconstituted at any time) and any proceedings therein shall be valid notwithstanding that some person who was not entitled so to do sat and voted in the House or otherwise took part in the proceedings.
76.-(1) If at any sitting of either House any member of the House who is present draws the attention of the person presiding at the sitting to the absence of a quorum and, after such interval as may be prescribed in the Standing Orders of the House, the person presiding at the sitting ascertains that a quorum of the House is still not present, the House shall be adjourned.
(2) For the purposes of this section-
a quorum of the House of Representatives shall consist of seven members of the House;
a quorum of the Senate shall consist of three Senators;
the person presiding at the sitting of either House shall not be included in reckoning whether there is a quorum of that House present.
77.-(1) A Bill other than a money Bill may be introduced in either House. A money Bill shall not be introduced in the Senate.
(2) Except on the recommendation or with the consent of the Cabinet, signified by a Minister, neither House shall-
proceed with any Bill (including any amendment to a Bill) which, in the opinion of the person presiding, makes provision for any of the following purposes-
for imposing or increasing or reducing or abolishing any tax;
for imposing or increasing any charge on the revenues or other funds of Belize or for altering any such charge otherwise than by reducing it; or
for compounding or remitting any debt due to Belize;
proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of the purposes aforesaid; or receive any petition which, in the opinion of the person presiding, requests that provision be made for any of the purposes aforesaid, or
receive any petition which, in the opinion of the person presiding, requests that provision be made for any of the purposes aforesaid.
78.-(1) If a money Bill, having been passed by the House of Representatives and sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within one month after it is sent to that House, the Bill shall, unless the House of Representatives otherwise resolves, be presented to the Governor-General for assent notwithstanding that the Senate has not consented to the Bill.
(2) There shall be endorsed on every money Bill when it is sent to the Senate the certificate of the Speaker signed by him that it is a money Bill; and there shall be endorsed OD any money Bill that is presented to the Governor-General for assent in pursuance of subsection (1) of this section the certificate of the Speaker signed by him that it is a money Bill and that the provisions of that subsection have been complied with.
79.-(1) If any Bill other than a money Bill is passed by the House of Representatives in two successive sessions (whether or not the National Bills other Assembly is dissolved between those sessions) and, having been sent to the Senate in each of those sessions at least one month before the end of the session, is rejected by the Senate in each of those sessions, that Bill shall, on its rejection for the second time by the Senate, unless the House of Representatives otherwise resolves, be presented to the Governor General for assent notwithstanding that the Senate has not consented to the Bill:
Provided that the foregoing provisions of this subsection shall not have effect unless at least six months have elapsed between the date on which the Bill is passed by the House of Representatives in the first session and the date on which it is passed by the House in the second session.
(2) For the purposes of this section a Bill that is sent to the Senate from the House of Representatives in any session shall be deemed to be the same Bill as a former Bill sent to the Senate in the preceding session if, when it is sent to the Senate, it is identical with the former Bill or contains only such amendments as are certified by the Speaker to be necessary owing to the time that has elapsed since the date of the former Bill or to represent any amendments which have been made by the Senate in the former Bill in the preceding session.
(3) The House of Representatives may, if it thinks fit, on the passage through that House of a Bill that is deemed to be the same Bill as a former Bill sent to the Senate in the preceding session, suggest any amendments without inserting the amendments in the Bill, and if agreed to by the Senate the said amendments shall be treated as amendments made by the Senate and agreed to by the House of Representatives; but the exercise of this power by the House of Representatives shall not affect the operation of this section in the event of the rejection of the Bill in the Senate.
4) There shall be inserted in any Bill that is presented to the Governor-General for assent in pursuance of this section any amendments that are certified by the Speaker to have been made in the Bill by the Senate in the second session and agreed to by the House of Representatives.
(5) There shall be endorsed on any Bill that is presented to the Governor-General for assent in pursuance of this section the certificate of the Speaker signed by him that the provisions of this section have been complied with.
80.(1) In sections 77, 78 and 79 of this Constitution, "Money Bill" means a public Bill which, in the opinion of the Speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on public money, or the variation or repeal of any such charges; the grant of money to the Crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money, the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expression "taxation", "debt", "Public money" and "loan" do not include any taxation imposed, debt incurred or money provided or loan raised by any local authority or body for local purposes.
(2) For the purposes of section 79 of this Constitution a Bill shall be deemed to be rejected by the Senate if-
it is not passed by the Senate without amendment; or
it is passed by the Senate with any amendment which is not agreed to by the House of Representatives.
(3) Whenever the office of Speaker is vacant or the Speaker is for any reason unable to perform any functions conferred on him by section 78 or 79 of this Constitution or subsection (1) of this section, that function may be performed by the Deputy Speaker.
(4) A certificate of the Speaker or the Deputy Speaker under section 78 or 79 of this Constitution shall be conclusive for all purposes and shall not be questioned in any court of law.
(5) Before giving any certificate under section 78 or 79 of this Constitution the Speaker or the Deputy Speaker, as the case may be, shall consult the Attorney-General or, if the Attorney-General is absent from the seat of Government, such member of the Attorney-General's staff as the Attorney-General may designate for that purpose.
81.-(1) The power of the National Assembly to make laws shall be exercised by Bills passed by the Senate and the House of Representatives (or in the cases mentioned in sections 78 and 79 of this Constitution by the House of Representatives) and assented to by the Governor-General.
(2) When a Bill is submitted to the Governor-General for assent in accordance with the provisions of this Constitution he shall signify that he assents or that he withholds assent thereto.
(3) When the Governor-General assents to a Bill that has been submitted to him in accordance with the provisions of this Constitution the Bill shall become law and the Governor-General shall thereupon cause it to be published in the Gazette as law.
(4) No law made by the National Assembly shall come into operation until it has been assented to by the Governor-General but the National Assembly may postpone the coming into operation of any such law and may make laws with retrospective effect.
(5) All laws made by the National Assembly shall be styled "Acts".
82.-(1) In every Bill presented to the Governor-General for assent, other than a Bill presented under section 78 or 79 of this Constitution, the words of enactment shall be as follows:-
"Be it enacted, by and with the advice and consent of the House of Representatives and the Senate of Belize and by the authority of the same, as follows:-"
(2) In every Bill presented to the Governor-General for assent under section 78 or 79 of this Constitution, the words of enactment shall be as follows:- "Be it enacted, by and with the advice and consent of the House of Representatives of Belize in accordance with the provisions of section 78 (or section 79, as the case may be) of the Constitution and by the authority of the same, as follows:-"
(3) Any alteration of the words of enactment of a Bill made in consequence of the provisions of the preceding subsection shall not be deemed to be an amendment of the Bill.
83.-(1) There shall be a session of the National Assembly at least once in every year, and each session shall be held at such place within Belize and shall begin at such time (not being later than six months from the end of the preceding session if the National Assembly has been prorogued or four months from the end of the session if the National Assembly has been dissolved) as the Governor-General shall appoint by proclamation published in the Gazette.
(2) Subject to the provisions of subsection (1) of this section, the sittings of each House shall be held at such time and place as that House may, by its Standing Orders or otherwise, determine:
Provided that the first sitting of each House after the National Assembly has at any time been prorogued or dissolved shall begin at the same time.
84.-(1) The Governor-General may at any time prorogue or dissolve the National Assembly.
(2) Subject to the provisions of subsection (3) of this section the National Assembly, unless sooner dissolved, shall continue for five years from the date of the first sitting of the House of Representatives after any dissolution ant shall then stand dissolved.
(3) At any time when Belize is at war, the National Assembly may by law extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time:
Provided that the life of the National Assembly shall not be extended under this subsection for more than two years.
(4) In the exercise of his powers to dissolve the National Assembly, the Governor-General shall act in accordance with the advice of the Prime Minister:
Provided that-
if the Prime Minister advises a dissolution and the Governor-General, acting in his own deliberate judgment, considers that the government of Belize can be carried on without a dissolution and that a dissolution would not be in the interests of Belize, he may, acting in his own deliberate judgment, refuse to dissolve the National Assembly;
if a resolution of no confidence in the Government is passed by the House of Representatives and the Prime Minister does not within seven days either resign or advise a dissolution, the Governor-General, acting in his own deliberate judgment, may dissolve the National Assembly; and
if the office of the Prime Minister is vacant and the Governor-General, acting in his own deliberate judgment, considers that there is no prospect of his being able within a reasonable time to make an appointment to that office, the Governor-General shall dissolve the National Assembly.
(5) If, between a dissolution of the National Assembly and the next ensuing general election of members of the House of Representatives, an emergency arises of such a nature that, in the opinion of the Prime Minister, it is necessary for the two houses or either of them to be summoned before that general election can be held, the Governor-General may, by proclamation published in the Gazette, summon the two Houses of the preceding National Assembly and that National Assembly shall thereupon be deemed (except for the purposes of section 85 of this Constitution) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election.
(6) During the period between the dissolution of the National Assembly and the appointment of a Prime Minister after a general election, the government of Belize shall continue to be administered by the Prime Minister and the other Ministers and Deputy Ministers of the Government.
85. -( I ) A general election of members of the House of Representatives shall be held at such time within three months after every dissolution of the National Assembly as the Governor-General, acting in accordance with the advice of the Prime Minister, shall appoint.
(2) As soon as practicable after every general election, the Governor-General shall proceed under section 61 of this Constitution to the appointment of Senators.
(3) Where the seat of a member of the House of Representatives or a Senator falls vacant otherwise than by reason of a dissolution of the National Assembly-
if the vacant seat is that of a member of the House, a by election shall be held; or
if the vacant seat is that of a Senator, an appointment shall be made,
to fill the vacancy within three months of the occurrence of the vacancy unless the National Assembly is sooner dissolved.
86.-(1) Any question whether-
any person has been validly elected as a member of the House of Representatives or validly appointed as a Senator;
any member of the House of Representatives or Senator has vacated his seat or is required, under the provisions of section 59(3) or section 64(3) of this Constitution, to cease to exercise any of his functions as a member of the House of Representatives or as a Senator; or
any person has been validly elected as Speaker of the House of Representatives or President of the Senate from among persons who are not members of the House of Representatives or Senators, or, having been so elected, has vacated the office of Speaker or of President,
shall be determined by the Supreme Court in accordance with the provisions of any law.
(2) Proceedings for the determination of any question referred to in the preceding subsection shall not be instituted except with the leave of a justice of the Supreme Court.
(3) No appeal shall lie from the decision of a justice of the Supreme Court Warranting or refusing leave to institute proceedings in accordance with the preceding subsection.
87. Any person who sits or votes in either House knowing or having reasonable cause for knowing that he is not entitled to do so shall be liable to a penalty not exceeding one hundred dollars for every day upon which he so sits or votes in that House, which penalty shall be recoverable by action in the Supreme Court at the suit of the Attorney-General.
88.-(1) There shall be an Elections and Boundaries Commission which shall consist of a Chairman and four other members who shall be persons of integrity and high national standing.
(2) The chairman and two other members of the Elections and Boundaries Commission shall he appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, and the remaining two members shall he appointed by the Governor-General acting in accordance with the advice of the Prime Minister given with the concurrence of the Leader of the Opposition:
Provided that in the process of consultation with the Leader of the Opposition for the appointment of the Chairman the Prime Minister shall use his best endeavours to secure the agreement of the Leader of the Opposition.
(3) No person shall be qualified to be appointed as a member of the Commission if he is a member of the National Assembly or if he holds or is acting in any public office.
(4) If any member of the Commission dies or resigns, the Governor-General shall appoint another person in his place in the same manner in which such member was appointed.
(5) Subject to the provisions of this section, the office of a member of the Commission shall become vacant-
at the expiration of five years from the date of his appointment; or
if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such.
(6) A member of the Commission may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.
(7) A member of the Commission shall be removed from office by the Governor-General if the question of the removal of that member from office has been referred to the Belize Advisory Council in accordance with the next following subsection and the Belize Advisory Council has advised the Governor-General that that member ought to removed from office for inability as aforesaid or for misbehaviour.
(8) If the Prime Minister represents to the Governor-General that the question of removing a member of the Commission under this section ought to be investigated, then-
the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in Section 54 of this Constitution; and
the Belize Advisory Council shall enquire into the matter and report on the facts thereof to the Governor- General and advise the Governor-General whether that member of the Commission should be removed under this section.
(9) If the question of removing a member of the Commission from office has been referred to the Belize Advisory Council under the preceding subsection. the Governor-General may suspend the member from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisers Council advises the Governor-General that the member should not be removed from office.
(10) If the office of a member of the Commission is vacant or a member is for any reason unable to perform the functions of his office, the Governor-General may appoint another person in the same manner in which such member was appointed, to act as a member of the Commission, and any person so appointed shall, subject to the provisions of subsections (6), (7), (8) and (9) of this section, continue to act until he is notified by the Governor-General that the circumstances giving rise to the appointment have ceased to exist.
(11) A member of the Commission shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office.
(12) The Commission may regulate its own procedure and, with the approval of the Governor-General given in accordance with the advice of the Prime Minister, confer powers or impose duties on any public officer or authority of the Government for the purpose of the discharge of its functions.
(13) The Commission shall be responsible for the direction and supervision of the registration of voters and the conduct of elections, referenda and all matters connected therewith.
(14) In the exercise of its functions, the Commission shall not be subject to the direction or control of any other person or authority and shall subject to the provisions of this Constitution, act in accordance with the Representation of the People Act or any other law, rule or regulation relating to elections.
89.-(1) For the purposes of the election of members of the House of Representatives, Belize shall be divided into eighteen electoral divisions, the names and boundaries of which are set out in Schedule I to the Representation of the People Ordinance 1978.
(2) Each electoral division shall be represented in the House of Representatives by one elected member.
90.-(1) The Elections and Boundaries Commission shall, after considering the distribution of the population throughout Belize, make proposals from time to time for dividing Belize into electoral divisions in such a way that-
each electoral division shall have as nearly as may be an equal number of persons Eligible to vote;
the total number of electoral divisions shall be not less then twenty-eight.
(2) In fixing the boundaries of electoral divisions the Commission shall have regard to the transport and other facilities of the division, and to its physical features.
(3) The proposals of the Commission made pursuant to this section shall be laid before the National Assembly by the Chairman of the Commission, and the electoral divisions specified in those proposals shall be the electoral divisions of Belize for the purposes of any law for the time being in force relating to the election of members of the House of Representatives when, and shall not be such electoral divisions until, enacted as law by the National Assembly.
(4) When the Elections and Boundaries Commission considers it necessary to increase the number of electoral divisions as specified in subsection (1), it shall make proposals to the National Assembly, and the National Assembly may enact a law to give effect to such proposals, with such amendments and modifications as may seem appropriate to the National Assembly.
91. Any redivision of electoral divisions effected in accordance with section 90 of this Constitution shall, in respect of the election of members, of the House of Representatives, come into operation at the next general election held after such redivision and not earlier.
92. At any general election-
every citizen of Belize or a citizen of any Commonwealth Country who has attained the age of eighteen years and who satisfies the requirements of the Representation of the People Ordinance 1978 shall have the right to vote;
no person shall be entitled to more than one vote; and
votes shall be cast in a secret ballot.
93. Subject to the provisions of sections 88 to 92 inclusive of this Constitution, the provisions of the Representation of the People Ordinance 1978 shall apply to the franchise, registration of voters, the administration of the electoral system, offences relating to the electoral system, the conduct of elections, and all matters connected therewith.