- 2
Every Appointed Member shall vacate his seat at the end of five years from the date of the Instrument by which he is appointed or of such other period as may be specified in that Instrument, but shall be eligible to be re-appointed in the manner aforesaid for a further period or periods, each period not exceeding five years:
Provided that if any such Member is
provisionally appointed to fill a vacant seat in the Council and his provisional appointment is immediately followed by his definitive appointment, the said period of five years shall be reckoned from the date of the Instrument provisionally appointing him.
If any Official Member cease to hold office under the Crown in the Colony his seat in the Council shall thereupon become vacant.
(Amended on 30 April 1938; 17 November 1967; 28 February 1969; 24 September 1976; 1 September 1983; 9 April #HISTYR 1988)
III.
Whenever any Member, other than an ex officio Member, of the Executive Council of the Colony shall, by writing under his hand, resign his seat in the Council, or shall die, or be declared by the Governor by an Instrument under the Public Seal of the Colony to be incapable of exercising his functions as a Member of the Council, or be absent from the Colony, or shall be acting in an office the holder of which is an ex officio Member of the Council, or shall be suspended from the exercise of his functions as a Member of the Council, or whenever the seat of any such Member shall otherwise become vacant, the Governor may, by an Instrument under the Public Seal of the Colony, provisionally appoint any public officer to be temporarily an Official Member of the Council, and any person not a public officer to temporarily an Appointed Member of the Council in the place of the Member so resigning, or dying, or being suspended, or declared incapable, or being absent, or sitting as an ex officio Member.
be
Such person shall forthwith cease to be a Member of the Council if his appointment is disallowed by Us, or if the Member in whose place he was appointed shall be released from suspension, or, as the case may be, shall be declared by the Governor by an Instrument under the Public Seal capable of again discharging his functions in the Council, or shall return to the Colony, or shall cease to sit in the Council as an ex officio Member.
(Amended on 5 February 1971; 9 April #HISTYR 1988)
Vacation of seats
Provisional
appointment of Members