Voting.
Governor's
reserved power.
W
The St Helena (Constitution) Order 1966
Section 34.
(1) Save as otherwise provided in this Constitution, all questions- proposed for decision in the Legislative Council shall be determined by a majority of votes of the members present and voting.
(2) The Governor or other member presiding shall not vote unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote.
34.-(1) If the Governor considers that it is expedient-
(a) in the interests of public order, public faith or good government (which expressions shall, without prejudice to their generality, include the responsibility of St. Helena as a territory within the Commonwealth and all matters pertaining to the creation or abolition of any public office or to the salary or other conditions of service of any public officer), or
(b) in order to secure detailed control of the finances of St. Helena during such time as, by virtue of the receipt of financial assistance by St. Helena from Her Majesty's Exchequer in the United Kingdom for the purpose of balancing the annual budget or other- wise, such control rests with Her Majesty's Government,
that any Bill introduced, or any motion proposed, in the Legislative Council should have effect, then, if the Legislative Council fail to pass the Bill or to carry the motion within such time and in such form as the Governor thinks reasonable and expedient, the Governor may, at any time that he thinks fit, and notwithstanding any provisions of this Constitution or of any other law in force in St. Helena or of any Standing Orders of the Council, declare that the Bill or motion shall have effect as if it had been passed or carried by the Council either in the form in which it was introduced or proposed or with such amend- ments as the Governor thinks fit which have been moved or proposed in the Council or any committee thereof; and the Bill or the motion shall be deemed thereupon to have been so passed or carried, and the provisions of this Constitution, and in particular the provisions relating to assent to Bills and disallowance of laws, shall have effect accordingly.
(2) The Governor shall forthwith report to a Secretary of State every case in which he makes any such declaration and the reasons therefor.
(3) If any member of the Legislative Council objects to any declaration made under this section, he may, within fourteen days of the making thereof, submit to the Governor a statement in writing of his reasons for so objecting, and a copy of the statement shall, if furnished by the member, be forwarded by the Governor as soon as practicable to a Secretary of State.
(4) Any declaration made under this section other than a declaration relating to a Bill may be revoked by a Secretary of State and the Governor shall forthwith cause notice of the revocation to be published in the Gazette; and from the date of such publication any motion that is deemed to have been carried by virtue of the declaration shall cease to have effect and the provisions of subsection (2) of section 38 of the Interpretation Act 1889(a) shall apply to the revocation as they apply to the repeal of an Act of Parliament.
(a) 1889 c. 63.
14