Establishment of office of Governor General
28.
There shall be a Governor General of Barbados who shall be appointed by Her
Majesty and shall hold office during Her Majesty's pleasure and who shall be Her
Majesty's representative in Barbados.
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Acting Governor General
29.1
Whenever the office of Governor General is vacant or the holder of the office
is absent from Barbados or is for any other reason unable to perform the
functions of his office, those functions shall be performed -
- by any person for the time being designated by Her Majesty in that behalf
who is in Barbados and able to perform those functions; or
- at any time when there is no person in Barbados so designated and able to
perform those functions, by the holder of the office of Chief Justice; or
- at any time referred to in paragraph (b) when the office of Chief Justice
is vacant or the holder thereof is absent from Barbados or is for any other
reason unable to perform those functions, by the President of the Senate.
29.2
The holder of the office of Governor General or any person designated under
paragraph (2) or by paragraph (b) of subsection (1) shall not, for the purposes
of this section, be regarded as absent from Barbados or as unable to perform the
functions of the office of Governor General at any time when there is a
subsisting appointment of a deputy under section 30.
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Deputy to Governor General
30.1
Whenever the Governor General -
- has occasion to be absent from Barbados for a period which he has reason
to believe will be of short duration; or
- is suffering from an illness that he has reason to believe will be of
short duration,
he may, acting in accordance with the advice of the Prime Minister, by
instrument under the Public Seal, appoint any person in Barbados to be his
deputy during such absence or illness and in that capacity to perform on his
behalf such of the functions of the office of Governor General as may be
specified in that instrument.
30.2
The power and authority of the Governor General shall not be abridged,
altered or in any way affected by the appointment of a deputy under this
section, and in the exercise of any function that is exercisable by he Governor
General acting in his discretion or after consultation with any person or
authority a deputy shall conform to and observe any instructions that the
Governor General, acting in like manner, may address to him;
Provided that the question whether or not a deputy has conformed to observed
any such instructions shall not be enquired into in any court.
30.3
A person appointed as a deputy under this section shall that appointment for
such period as may be specified in the instrument by which he is appointed and
his appointment may be revoked at any time by the Governor General acting in
accordance with the advice of the Prime Minister.
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Personal staff of Governor - General
31.1
Parliament may prescribe the offices that are to constitute the personal
staff of the Governor - General, the salaries and allowances that are to be paid
to the members of the staff and the other sums that are to be paid in respect of
the expenditure attaching to the office of Governor - General.
31.2
Any salaries or other sums prescribed under subsection (1) are hereby charged
on and shall be paid out of the Consolidated Fund.
31.3
Subject to the provisions of subsection (4), power to make appointments to
the offices for the time being prescribed under subsection (1) as offices that
are to constitute the personal staff of the Governor - General, and to remove
and to exercise disciplinary control over persons holding or acting in any such
office, is hereby vested in the Governor - General acting in his
discretion.
31.4
The Governor - General, acting in his discretion, may appoint to any of the
offices prescribed under subsection (1) such public officers as he may select
from a list submitted by the Public Service Commission, but -
- the provisions of subsection (3) shall apply in relation to an officer so
appointed as respects his service on the personal staff of the Governor -
General but not as respects his service as a public officer;
- an officer so appointed shall not, during his continuance on the personal
staff of the Governor - General, perform the functions of any public office;
and
- an officer so appointed may at any time be appointed by the Governor -
General, if the Public Service Commission so recommend to assume or resume the
functions of a public office and he shall thereupon vacate his office on the
personal staff of the Governor - General, but the Governor - General may, in
his discretion, decline to release the officer for that appointment.
31.5
All offices prescribed under subsection (1) as offices that are to constitute
the personal staff of the Governor - General shall, for the purposes of Chapter
Viii, be deemed to be public offices.
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Exercise of Governor - General's functions
32.1
The Governor - General shall act in accordance with the advice of the Cabinet
or a Minister acting under the general authority of the Cabinet in the exercise
of his functions other than -
- any function which is expressed (in whatever terms) to be exercisable by
him on or in accordance with the recommendation or advice of, or with the
concurrence of, or after consultation with, any person or authority other than
the Cabinet; and
- any function which is expressed (in whatever terms) to be exercisable by
him in his discretion.
33.2
Subsection (1) shall not apply to the functions conferred upon the Governor -
General by the following provisions of this Constitution, that it to say -
- section 66(2) (which requires the Governor - General to revoke the
appointment of the Prime Minister in certain circumstances);
- the proviso to section 61(2) (which requires the Governor - General to
dissolve Parliament in certain circumstances); and
- section 84(4) (which requires the Governor - General to remove a Judge
from office in certain circumstances).
32.3
Where the Governor - General is directed to exercise any function on the
recommendation of any person or authority, he shall exercise that function in
accordance with such recommendation:
Provided that -
- before he acts in accordance therewith, he may, in his discretion, once
refer that recommendation back for reconsideration by the person or authority
concerned; and
- if that person or authority, having reconsidered the original
recommendation under paragraph (a), substitutes therefor a recommendation
under paragraph (a), substitutes therefor a different recommendation, the
provisions of this subsection shall apply to that different recommendation as
they apply to the original recommendation.
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32.4
Where the Governor - General is directed to exercise any function after
consultation with any person or authority he shall not be obliged to exercise
that function in accordance with the advice of that person or
authority.
32.5
Where the Governor - General is directed to exercise any function in
accordance with the recommendation or advice of, or with the concurrence of, or
after consultation with, any person or authority, the question whether he has so
exercised that function shall not be enquired into in any
court.
32.6
Where the Governor - General is directed to exercise any function on the
recommendation of the Prime Minister after consultation with the Leader of the
Opposition, the following steps shall be taken: -
- the Prime Minister shall first consult the Leader of the Opposition and
thereafter tender his recommendation to the Governor - General;
- the Governor - General shall then inform the Leader of the Opposition of
that recommendation and if the Leader of the Opposition concurs therein the
Governor General shall act in accordance with the recommendation;
- if the Leader of the Opposition does not concur in the recommendation the
Governor General shall so inform the Primer Minister and refer the
recommendation back to him:
- the Prime Minister shall then advise the Governor General and the Governor
General shall act in accordance with that advice.
32.7
Any reference in this Constitution to the functions of the Governor General
shall be construed as a reference to this powers and duties in the exercise of
the executive authority of Barbados and to any other powers and duties conferred
or imposed on him as Governor General by or under this Constitution or any other
law.
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Oaths to be taken by Governor General
34.
A person appointed to the office Governor - General or assuming the functions
of that office under section 29 shall, before entering upon the duties of that
office, take and subscribe the oath of allegiance and an oath for the due
execution of the office of Governor General in the form set out in the First
Schedule, such oaths being administered by the Chief Justice or such other Judge
as may be designated by the Chief Justice.
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