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the motion within such time and in such form as the Governor thinks reasonable and expedient, the Governor may, at any time he thinks fit, and notwithstanding any provisions of this Constitution or of any rules and 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 amendments as the Governor thinks' fit that have been moved or proposed in the Council, including any committee thereof; and the Bill or 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 not make any declaration under this section except in accordance with the following conditions:-
(a) the question whether the declaration should be made shall be submitted in writing by the Governor to the Executive Council, and if the Council advises that the declaration should be made the Governor may make the declaration;
(b) if, when the question is submitted to it, the Council does not within such time as the Governor may think reasonable and expedient, advise that the declaration should be made, then- (i) the Governor may submit the question to a Secretary of State and, if the Secretary of State so authorises him, may make the declaration; or
(ii) the Governor may make the declaration without submitting the question to a Secretary of State if, in his judgment, urgent necessity requires him to make the declaration before he can obtain the authority of a Secretary of State; in which case he shall, when he makes the declaration, so certify in writing. (3)(a) Whenever the Governor, in accordance with the provisions of the last foregoing subsection, submits to a Secretary of State the ques- tion whether a declaration should be made, or makes a declaration without submitting the question to a Secretary of State, he shall inform the Executive Council in writing of his reasons for so doing.
(b) Whenever the Governor makes a declaration under this section, other than a declaration made with the authority of a Secretary of State, he shall forthwith report to a Secretary of State the making of, and the reasons for, the declaration and, in the case of a declaration made under sub-paragraph (ii) of paragraph (b) of the last foregoing subsection, the grounds of urgency.
(4) If any member of the Legislative Council objects to any declara- tion made under this section, he may, within seven days of the making thereof, submit to the Governor a statement in writing of his reasons for so objecting and, if he furnishes a copy of that statement, and requests the Governor to do so, the Governor shall, as soon as prac- ticable, forward the copy to a Secretary of State.
(5) Any declaration made under this section that relates to a motion may be revoked by a Secretary of State, and the Governor shall 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 section 38(2) of the Interpretation Act 1889(a) shall apply to the revoca- tion as it applies to the repeal of an Act of Parliament.
(a) 1889 c. 63.
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}