Tuvalu 1986 (rev. 2010)

1. The State

2. The area of Tuvalu

1. Subject to subsections (3) and (4), the area of Tuvalu consists of the land areas referred to in subsection (2), together with-
   1. the territorial sea and the inland waters as declared by law, the land beneath them, and the air space above; and
   2. such additional lands and waters as are declared by law to be part of the land area of Tuvalu.
2. The land areas referred to in subsection (1) consist of all islands, rocks and reefs within the area bounded by-
   1. the parallel 05°S; and
   2. the meridian 180°E; and
   3. the parallel 11°S ; and
   4. the meridian 176°E,

   together with all small islands, islets, rocks and reefs depending on them.

3. Constitution amendment procedure, Treaty ratification, Legal status of treaties, International law
   For the purpose of implementing any international agreement binding on Tuvalu and approved by Parliament by resolution for the purposes of this section, subsection (2) may be amended by Act of Parliament made in accordance with section 7 (alteration to the Constitution generally), without reference to the requirement of a special majority of votes under section 7(3) (which requires Bills to alter the Constitution to be passed by a two-thirds majority in Parliament).
4. Nothing in this section prevents a law from proclaiming the jurisdiction of Tuvalu, complete or partial, over any area of land or water or airspace above, or prevents a law from having extra-territorial effect in accordance with section 84 (vesting of the law-making power).

3. The Constitution as supreme law

1. Constitutionality of legislation
   This Constitution is the supreme law of Tuvalu and, subject to subsection (2), any act (whether legislative, executive or judicial) that is inconsistent with it is, to the extent of the inconsistency, void.
2. All other laws shall be interpreted and applied subject to this Constitution, and, as far as is practicable, in such a way as to conform with it.

4. Interpretation of the Constitution

1. The provisions of Schedule 1 (Rules for the Interpretation of the Constitution) apply for the purpose of the interpretation of this Constitution.
2. In all cases, this Constitution shall be interpreted and applied consistently with the Principles set out in the Preamble.
3. Subject to subsection (2), this Constitution shall be interpreted and applied in such a way as to achieve the aims of fair and democratic government, in the light of reason and experience and of Tuvaluan values.

5. Jurisdiction of the High Court in constitutional matters

6. Interpretation of Division 3

7. Alteration of the Constitution generally

1. An Act of Parliament may alter this Constitution.
2. A Bill for an Act to alter the Constitution must state that it is a Bill to alter this Constitution.
3. Subject to-
   1. section 2(3) (which relates to alterations to the description of the land areas of Tuvalu); and
   2. section 8 (alterations to the Constitution to give effect to U.K. constitutional arrangements),

   a Bill for an Act to alter this Constitution is not passed by Parliament unless it is supported at its final reading in Parliament by the votes of two-thirds of the total membership of Parliament.

4. A Bill for an Act to alter this Constitution shall not be excluded from the operation of section 111(2) (which relates to the circulation of Bills to local governments and authorities).

8. Alteration of the Constitution to give effect to U.K. constitutional change

1. If as a result of constitutional change in or in relation to, or affecting, the United Kingdom any provision of, or any reference in, this Constitution ceases to be appropriate, the Head of State, acting in accordance with the advice of the Cabinet, may, by order, make such alterations to this Constitution as appear to be necessary or convenient to adapt it to the new constitutional arrangements.
2. An order under subsection (1)-
   1. shall be presented to Parliament by the Prime Minister; and
   2. unless previously confirmed, with or without modification, by an Act of Parliament, expires at the end of the second session of Parliament that commences after it is made.
3. The requirement of a special majority of votes under section 7(3) (which requires Bills to alter the Constitution to be passed by a two-thirds majority in Parliament) does not apply in relation to a Bill for the purposes of subsection(2)(b).
4. A Bill for the purposes of subsection (2)(b) shall not be excluded from the operation of section 111(2) (which relates to the circulation of Bills to local governments).

9. Interpretation of Part II

1. In this Part,

   "court" means a court having jurisdiction in Tuvalu, including-

   1. the Court of Appeal; and
   2. the Sovereign in Council,

   but, except in sections 17 (personal liberty) and 18 (slavery and forced labour), does not include a court or tribunal established by a disciplinary law.

2. In this Part, a reference to the national interest includes a reference to the public interest in-
   1. defence; or
   2. national security; or
   3. public safety; or
   4. public order; or
   5. the protection of the international standing and reputation of Tuvalu and its products (including the supply of labour overseas); or
   6. the protection and development of Tuvaluan values and culture.
3. A reference in this Part to consent is a reference to consent whether express or implied.
4. Where this Part requires or permits the consent of a person under the age of 18 years, the consent may be given on his behalf by one of his parents or guardians.

10. Freedom under law

1. Freedom based on law consists of the least restriction on the activities of individuals consistent with the public welfare and the maintenance and development of Tuvalu and Tuvaluan society in accordance with this Constitution and, in particular, in accordance with the Principles set out in the Preamble.
2. Principle of no punishment without law
   Everyone has the right to freedom based on law, and accordingly, subject to this Constitution-
   1. everyone has the legal right to do anything that-
      1. does not injure others or interfere with the rights and freedoms of others; and
      2. is not prohibited by law; and
   2. no-one may be-
      1. legally obliged to do anything that is not required by law; or
      2. prevented by law from doing anything that complies with the provisions of paragraph (a).
3. This section is not intended to deny the existence, nature or effect of cultural, social, civic, family or religious obligations, or other obligations of a non-legal nature, or to prevent such obligations being given effect by law if, and so far as, it may be thought appropriate to do so.

11. The fundamental human rights and freedoms

1. Equality regardless of gender, Equality regardless of political party, Equality regardless of origin, Equality regardless of race, Equality regardless of religion, Equality regardless of skin color
   Every person in Tuvalu is entitled, whatever his race, place of origin, political opinions, colour, religious beliefs or lack of religious beliefs, or sex, to the following fundamental rights and freedoms:-
   1. Right to life
      the right not to be deprived of life (see section 16); and
   2. personal liberty (see sections 17 and 18); and
   3. security for his person (see sections 18 and 19); and
   4. the protection of the law (see section 22); and
   5. Freedom of religion, Freedom of opinion/thought/conscience
      freedom of belief (see section 23); and
   6. Freedom of expression
      freedom of expression (see section 24); and
   7. Freedom of assembly, Freedom of association
      freedom of assembly and association (see section 25); and
   8. Right to privacy
      protection for the privacy of his home and other property (see section21); and
   9. Protection from expropriation
      protection from unjust deprivation of property (see section 20),

   and to other rights and freedoms set out in this Part or otherwise by law.

2. The rights and freedoms referred to in subsection (1) can, in Tuvaluan society, be exercised only-
   1. with respect for the rights and freedoms of others and for the national interest; and
   2. in acceptance of Tuvaluan values and culture, and with respect for them.
3. The purpose of this Part is to protect those rights and freedoms, subject to limitations on them that are designed primarily to give effect to subsection(2).

12. Application of Part II

1. Each provision of this Part applies, as far as may be-
   1. Binding effect of const rights
      between individuals as well as between governmental bodies and individuals; and
   2. to and in relation to corporations and associations (other than governmental bodies) in the same way as it applies to and in relation to individuals, except where, or to the extent that, the context requires otherwise.
2. Except in relation to any act that is done under a valid law which accords with traditional standards, values and practices, any act that is done under a valid law but that in the particular case-
   1. is harsh or oppressive; or
   2. is not reasonable in the circumstances; or
   3. Human dignity
      is otherwise not reasonably justifiable in a democratic society having a proper respect for human rights and dignity,

   is an unlawful act.

3. The burden of showing that subsection (2) applies in respect of an act is on the party claiming that it does apply.
4. Nothing in this section affects the operation of any other law under which an act may be held to be unlawful.

13. The Principles of the Preamble

14. Parliamentary declarations of purpose

1. When the purpose of an Act of Parliament is specifically declared in the Act, then in considering the possible effect on that Act of Division 3 (Protection of the Fundamental Rights and Freedoms) a court shall give due weight to that declaration as a statement of the considered opinion of Parliament.
2. If an Act of Parliament specifically declares that a certain provision is required in the national interest, a court shall, subject to subsection (3), presume that the provision was reasonably required in the national interest.
3. Subsection (2) does not apply if the High Court is satisfied that the provision could not reasonably be said to have been intended primarily to serve the national interest.

15. Reasonably justifiable in a democratic society

1. Notwithstanding anything to the contrary in this Part, other than-
   1. section 33 (hostile disciplined forces); and
   2. section 36 (restrictions on certain rights and freedoms during public emergencies),

   all laws, and all acts done under a law, must be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.

2. Any question whether a law is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity is to be determined in the light of the circumstances existing at the time when the decision on the question is made.
3. Subsection (2) does not affect any question whether an act done under a law was reasonably justifiable in a democratic society that has a proper respect for human rights and dignity.
4. A law may be declared not to be reasonably justifiable in a democratic society that has a proper respect for human rights and dignity only by the High Court or some other court prescribed for the purpose by or under an Act of Parliament.
5. In determining whether a law or act is reasonably justifiable in a democratic society that has a proper respect for human rights and dignity, a court may have regard to-
   1. traditional standards, values and practices, as well as previous laws and judicial decisions, of Tuvalu; and
   2. law, practices and judicial decisions of other countries that the court reasonably regards as democratic; and
   3. International law
      international conventions, declarations, recommendations and judicial decisions concerning human rights; and
   4. any other matters that the court thinks relevant.
6. Notwithstanding subsection (5), any law, or any act done under a valid law, which accords with traditional standards, values and practices shall not contravene subsection (1) above, unless the relevant traditional standard, value or practice would be regarded by an ordinary modern citizen of Tuvalu as one which should be eliminated.

Subdivision A. Protection Generally

Subdivision B

34. Interpretation of Division 4

35. Declaration of public emergency

1. The Head of State, acting in accordance with the advice of the Prime Minister, may by proclamation declare that a state of public emergency exists in Tuvalu, or in a part of Tuvalu specified in the proclamation.
2. Unless earlier revoked, a proclamation under subsection (1) lapses at the expiration of-
   1. three days; or
   2. if it was made when Parliament is not meeting - 14 days,

   after the date on which it is made, unless it is approved in the meantime by Parliament by resolution.

3. An approval under subsection (2) remains in force for such period, not exceeding six months, as is specified in the resolution granting the approval, and may be extended by further resolution from time to time for such period or periods, each not exceeding six months, as is or are specified in any such further resolution or resolutions.

36. Restrictions on certain rights and freedoms during public emergencies

1. If a person is detained by virtue of a law authorized only by section 36 (restrictions on certain rights and freedoms during public emergencies)-
   1. he shall, as soon as practicable and in any case not more than 10 days after the beginning of his detention, be furnished with a written statement, in a language that he understands, stating in detail the grounds on which he is detained; and
   2. not more than 14 days after the beginning of his detention a notice shall be published-
      1. in the manner prescribed for the publication of subordinate legislation; and
      2. in such other manner (if any) as is directed by the Chief Justice; and
   3. not more than one month after the beginning of his detention, and afterwards at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person who-
      1. is qualified to practise before the High Court; and
      2. is appointed by the Chief Justice for the purpose; and
   4. he shall be given reasonable facilities to consult, at his own expense, a representative of his own choice, who shall be permitted to advise and assist him and to make representations to the tribunal; and
   5. at the hearing of the case he shall be permitted to appear in person or, at his own expense, by a representative of his own choice.
2. On a review under subsection (1)(c), the tribunal may make recommendations to the authority that detained him concerning the necessity or desirability of continuing the detention, but unless it is otherwise provided by law that authority is not obliged to act in accordance with any such recommendation.
3. A failure to comply with subsection (1)(b) does not invalidate the detention.

38. Application for enforcement of the Bill of Rights

1. In accordance with any rules of court made for the purposes of this Division, if any person claims that any of the provisions of this Part-
   1. has been; or
   2. is being; or
   3. is likely to be,

   contravened or not complied with in relation to him, he may apply to the High Court under this Division.

2. In the case of a person who is being detained, an application under subsection (1) may be made-
   1. by the person himself, or
   2. by any other person on his behalf.
3. Nothing in subsection (1) or (2) prevents any other action that may be taken under any other law in respect of the contravention.

39. Questions as to the Bill of Rights arising in subordinate courts

40. Jurisdiction of the High Court as to the Bill of Rights

1. Constitutional interpretation
   The High Court has original jurisdiction-
   1. to determine any application made under section 38 (application for enforcement of the Bill of Rights); and
   2. to determine any question referred to it under section 39 (questions as to the Bill of Rights arising in subordinate courts),

   and may make any orders, issue any writs and give any directions that it thinks appropriate for enforcing or securing the enforcement of this Part.

2. The High Court may refuse to exercise its powers under subsection (1) if it is satisfied that adequate means of redress for the alleged contravention are or have been reasonably available to the person concerned under any other law.

41. Appeals as to the Bill of Rights

1. Subject to subsection (2), an appeal may be made, in accordance with Part VII (The Courts), against any determination of the High Court under this Division.
2. There is no appeal against a determination dismissing an application on the ground that it is frivolous or vexatious.

42. Additional powers of the High Court as to the Bill of Rights

48. The Sovereign of Tuvalu

1. Name/structure of executive(s), Political theorists/figures, God or other deities
   Her Majesty Queen Elizabeth II, by the grace of God Queen of the United Kingdom of Great Britain and Northern Ireland and of Her Other Realms and Possessions, Head of the Commonwealth, Defender of the Faith, having at the request of the people of Tuvalu graciously consented, is the Sovereign of Tuvalu and, in accordance with this Constitution, the Head of State.
2. The Royal Style and Titles are as determined by Act of Parliament.

49. Succession to the Crown

50. The office of Head of State

51. Functions, etc., of the Head of State generally

1. The only privileges and functions of the Head of State are those prescribed as such.
2. Name/structure of executive(s)
   Subject to this Constitution and to any Act of Parliament, the privileges and functions of the Sovereign as Head of State may be had and performed through a Governor-General appointed in accordance with Division 3 (the Governor-General) and, except where the context requires otherwise, references in any law to the Head of State shall be read as including a reference to the Governor-General.

52. Performance of functions by the Head of State

1. Subject to section 17 (impracticability of obtaining advice, etc.) of Schedule 1, in the performance of his functions under this Constitution or any other law the Head of State shall act only in accordance with the advice of-
   1. the Cabinet; or
   2. the Prime Minister or another Minister acting under the general or special authority of the Cabinet,

   except where he is required to act-

   1. in accordance with the advice of any other person or authority (in which case he shall act only in accordance with that advice); or
   2. after consultation with any person or authority, including the Cabinet (in which case he shall act only after such consultation); or
   3. in his own deliberate judgment (in which case he shall exercise an independent discretion),

   or where this Constitution obliges or specifically permits him to act in a particular way.

2. When the Head of State is required or permitted by this Constitution or any other law to act in accordance with the advice of, or after consultation with, any person or authority, no question-
   1. whether he received the advice; or
   2. whether he has the consultation and the nature of the consultation; or
   3. what advice (if any) he was given; or
   4. by whom he was advised or whom he consulted,

   shall be considered in any court.

53. Failure by the Head of State to act

1. Subject to subsection (2), if-
   1. the Head of State is required by this Constitution or by or under an Act of Parliament to perform any function in accordance with the advice of any person or authority; and
   2. he does not so act within a period of seven days after the advice is received by him, or by a person authorized by him to receive such advice,

   he shall be considered to have acted in accordance with the advice.

2. If the person or authority giving the advice-
   1. certifies to the Head of State that the matter is urgent; and
   2. requests him to act in accordance with the advice within a specified period of less than seven days,

   the reference in subsection (1) to a period of seven days shall be read as a reference to that specified period.

3. If the Head of State is required by this Constitution or by or under an Act of Parliament to perform any function otherwise than-
   1. in accordance with the advice of any person or authority; or
   2. in his own deliberate judgment,

   and if at any time after the occasion for the performance of the function has arisen he has not so acted he shall be considered to have acted as required.

4. An Act of Parliament may make provision as to the proof of matters referred to in this section, and of acts considered to have been done by virtue of this section.

54. Establishment of office of Governor-General

1. An office of Governor-General of Tuvalu is established.
2. The Governor-General is the representative of the Sovereign.

55. Appointment, etc., of the Governor-General

1. Head of state removal, Head of state selection
   The Governor-General shall be appointed, and may be removed from office at any time (with or without cause), by the Sovereign, acting in accordance with the advice of the Prime Minister given after the Prime Minister has, in confidence, consulted the members of Parliament.
2. A person is not qualified to be appointed Governor-General unless-
   1. Minimum age of head of state
      he has attained the age of 50 years; and
   2. Minimum age of head of state
      he has not attained the age of 65 years; and
   3. Eligibility for head of state
      he is otherwise qualified to be elected as a member of Parliament.
3. The Governor-General vacates his office-
   1. on death; or
   2. if he is removed from office under subsection (1); or
   3. when he attains the age of 65 years; or
   4. subject to subsection (4), if he resigns by notice in writing to the Speaker; or
   5. Head of state removal
      if he ceases to be otherwise qualified to be elected as a member of Parliament; or
   6. Head of state term length
      at the end of the period of four years after the date of his appointment.
4. A resignation under subsection (3)(d) takes effect on the day on which it is received by the Speaker, or on such later date as is agreed between the Governor-General and the Prime Minister.

56. Acting Governor-General

1. Head of state replacement
   Where-
   1. the office of Governor-General is vacant; or
   2. the Governor-General is-
      1. absent from Tuvalu; or
      2. for any other reason unable to perform any of the functions of his office,

      the functions of the Governor-General or the relevant parts of those functions shall be performed by-

   3. a person appointed in accordance with subsection (2); or
   4. in the absence of a person appointed in accordance with subsection (2) who is able to perform those functions - the Speaker.
2. For the purposes of subsection (1)(c), an appointment shall be made in the same way as the appointment of a Governor-General under section 55 (appointment, etc., of Governor-General,) and the provisions of that section, with the necessary modifications, apply, provided that any oath or affirmation required under section 57 (oaths and affirmation by the Governor-General, etc) may be taken or made before the Governor-General.
3. No question whether the need for the performance of any function of the Governor-General by another person (including the Speaker) in accordance with subsection (1) has arisen, or has ceased, shall be considered in any court.

57. Oaths and affirmation by the Governor-General, etc

1. Before entering on the duties of his office the Governor-General shall take an oath, or make an affirmation, of allegiance, and take the relevant oath, or make the relevant affirmation, of office, in the forms respectively set out in Schedule 4, and before performing under section 56(1) (acting Governor-General) any of the functions of the Governor-General the person referred to in section 56(1)(c) (which relates to the appointment of an acting Governor-General) or the Speaker, as the case may be, shall do the same.
2. The oaths and affirmations shall be taken or made before the Chief Justice or a person appointed by the Chief Justice for the purpose.

58. Performance of functions by the Governor-General

1. Subject to any Act of Parliament, the Governor-General shall perform the functions of the Head of State when the Sovereign is-
   1. outside Tuvalu; or
   2. incapacitated; or
   3. under age.
2. No question whether the conditions prescribed by or under subsection (1) apply shall be considered in any court.
3. Head of state immunity
   No question whether in performing a function as Head of State the Governor-General is acting in accordance with the will, opinion or decision of the Sovereign shall be considered in any court, and-
   1. except to the extent implied by sections 55 (appointment, etc., of Governor-General) and 56 (acting Governor-General) the Sovereign has no power to give directions to the Governor-General; and
   2. there is no right of appeal or petition to the Sovereign from or against the performance of a function by the Governor-General.

59. Provision to the Governor-General of information as to the conduct of government

60. Performance of certain ceremonial, etc., functions

1. With the approval of the Prime Minister, the Governor-General may authorize a person to perform, on his behalf and in his name, any of the ceremonial or formal functions of the Head of State or of the Governor-General.
2. Subsection (1) does not apply to-
   1. any function conferred by this Constitution on the Head of State or on the Governor-General; or
   2. except as provided for by an Act of Parliament, any function conferred by or under any Act of Parliament on the Head of State or the Governor-General; or
   3. any other function certified by the Prime Minister to have a legal or practical effect, or to be more than only ceremonial or formal.

61. Vesting of the executive authority

1. The executive authority of Tuvalu is primarily vested in the Sovereign, and in the Governor-General as the representative of the Sovereign.
2. The executive authority so vested in the Sovereign shall be exercised in accordance with section 52 (performance of functions by the Head of State).
3. Nothing in this section prevents a law from conferring functions on any other person or authority.

62. Offices of Ministers

1. Name/structure of executive(s)
   An office of Prime Minister is established.
2. Subject to subsection (3), there shall be such number of other offices of Minister, and they shall have such titles, as are determined by the Head of State, acting in accordance with the advice of the Prime Minister.
3. The number of offices of Minister (other than the office of Prime Minister) shall not exceed one half of the total membership of Parliament.
4. Deputy executive
   One of the Ministers other than the Prime Minister may be appointed to the office of Deputy Prime Minister by the Head of State, acting in accordance with the advice of the Prime Minister.
5. Head of government's role in the legislature, Eligibility for cabinet, Eligibility for head of government, Minimum age of head of government
   Subject to section 71 (caretaker governments) and to subsection (6), all Ministers (including the Prime Minister) must be members of Parliament.
6. If it is necessary to appoint a Minister (other than a Prime Minister) at anytime-
   1. after Parliament is dissolved under section 118 (dissolution of Parliament); and
   2. before the beginning of the first meeting of Parliament after the following general election,

   a person who was a member of Parliament immediately before the dissolution may be appointed.

7. Subject to sections 68 (acting Prime Minister) and 76 (proceedings in Cabinet), all Ministers other than the Prime Minister rank equally.

63. The Prime Minister

1. Head of government selection
   The Prime Minister shall be elected by the members of Parliament in accordance with Schedule 2 (Election and Appointment of Prime Minister).
2. Head of government removal
   The office of the Prime Minister becomes vacant-
   1. on death; or
   2. when a new election to the office of Prime Minister is completed; or
   3. if he ceases to be a member of Parliament for any reason other than the dissolution of Parliament; or
   4. if he resigns his office by notice in writing to the Head of State; or
   5. if he is removed from office under section 64 (removal from office of an incapacitated Prime Minister); or
   6. if a motion of no confidence in the Government receives in Parliament the votes of a majority of the total membership of Parliament.
3. Subject to section 71 (caretaker governments), a resignation under subsection(2)(d) takes effect upon its receipt by the Head of State.

64. Removal from office of an incapacitated Prime Minister

1. If in the opinion of the Head of State, acting in his own deliberate judgment after consultation, in confidence, with the other Ministers-
   1. the Prime Minister is unable to perform properly the functions of his office because of infirmity of body or mind; and
   2. it is desirable in the interests of the good government of Tuvalu that the question of removing him from office should be investigated,

   the Head of State, acting in accordance with the advice of a professional medical body outside Tuvalu approved by an Act of Parliament for the purpose, shall appoint two or more medical practitioners who are legally qualified to practise medicine in Tuvalu or elsewhere to investigate the question of the capacity of the Prime Minister.

2. The persons appointed under subsection (1) shall investigate the question and make a joint professional report to the Head of State personally.
3. If after considering the report the Head of State, acting in his own deliberate judgment, is satisfied that it is in the interests of the good government of Tuvalu to do so, he may, acting in his own deliberate judgment, by written notice to-
   1. the Prime Minister; and
   2. the Speaker; and
   3. the Cabinet,

   remove the Prime Minister from office.

65. Suspension of Prime Minister

1. If the question of the capacity of the Prime Minister has been referred to a tribunal under section 64 (removal from office of an incapacitated Prime Minister), the Head of State, acting in his own deliberate judgment, may suspend the Prime Minister from office.
2. A suspension under subsection (1)-
   1. may be lifted at any time by the Head of State, acting in his own deliberate judgment; and
   2. ceases to have effect if the tribunal reports to the Head of State that the Prime Minister is able to perform properly the functions of his office.
3. A suspension under this section takes effect without loss of remuneration or other entitlements.

66. Effect of removal or suspension of Prime Minister

67. The other Ministers

1. Cabinet selection
   The Ministers other than the Prime Minister shall be appointed by the Head of State, acting in accordance with the advice of the Prime Minister.
2. Cabinet removal
   The office of a Minister other than the Prime Minister becomes vacant-
   1. on death; or
   2. when a new election to the office of Prime Minister is completed; or
   3. if the Minister ceases to be a member of Parliament for any reason other than the dissolution of Parliament; or
   4. subject to subsection (3), if the Minister resigns his office by notice in writing to the Head of State; or
   5. if the Minister is removed from office by the Head of State, acting in accordance with the advice of the Prime Minister; or
   6. in the circumstances set out in section 63(2)(f) (which relates to votes of no confidence in Government).
3. A resignation under subsection (2)(d) takes effect on the date on which it is received by the Head of State.

68. Acting Prime Minister

1. This section applies when the Prime Minister is-
   1. absent from Tuvalu; or
   2. for any other reason unable to perform the functions of his office.
2. Subject to subsection (3), in a case to which subsection (1) applies until the Prime Minister returns to Tuvalu or is again able to perform the functions of his office the Deputy Prime Minister, (if any) shall perform those functions.
3. If-
   1. there is no office of Deputy Prime Minister; or
   2. there is a vacancy in the office of Deputy Prime Minister; or
   3. the Deputy Prime Minister is absent from Tuvalu; or
   4. the Deputy Prime Minister is for any other reason unable to perform the functions of the Prime Minister,

   a Minister appointed by the Head of State, acting in accordance with the advice of the Prime Minister, shall perform the functions of the Prime Minister.

69. Acting Ministers

1. When-
   1. subject to section 71 (caretaker governments), the office of a Minister other than the Prime Minister is vacant; or
   2. a Minister other than the Prime Minister is-
      1. absent from Tuvalu; or
      2. for any other reason unable to perform the functions of his office,

   the Head of State, acting in accordance with the advice of the Prime Minister, may appoint another member of Parliament to perform temporarily the functions of the Minister.

2. The provisions of section 62(6) (which relates to the appointment of former members of Parliament as Ministers) apply to an appointment under this section in the same way as they apply to other appointments.

70. Conditions of acting appointments to Ministerial offices

71. Caretaker governments

1. Notwithstanding anything in this Part other than this section, in the event of a vacancy in the office of Prime Minister the Cabinet in office immediately before the occurrence of the vacancy continues in office as a caretaker government until a new election of a Prime Minister is completed.
2. If the Prime Minister-
   1. dies; or
   2. ceases to be a member of Parliament for any reason other than the dissolution of Parliament; or
   3. is removed from office under section 64 (removal from office of an incapacitated Prime Minister),

   then subsections (4)-(7) apply.

3. If the Prime Minister resigns under section 63(2)(d) (which relates to the resignation of the Prime Minister) and indicates in his notice of resignation that he wishes it to become effective immediately, then subsections (4)-(7) apply.
4. Subject to subsection (5), in a case to which subsection (2) or (3) applies the Deputy Prime Minister shall perform the functions of the Prime Minister.
5. If-
   1. there is no office of Deputy Prime Minister; or
   2. subject to section 69 (acting ministers), there is a vacancy in the office of Deputy Prime Minister; or
   3. the Deputy Prime Minister is absent from Tuvalu; or
   4. the Deputy Prime Minister is for any other reason unable to perform the functions of the Prime Minister,

   a Minister appointed by the Head of State, acting in his own deliberate judgment after consultation, in confidence, with the other Ministers, shall perform the functions of the Prime Minister.

6. The provisions of section 62(6) (which relates to the appointment of former members of Parliament to be Ministers) apply in respect of a caretaker government holding office under this section.
7. A caretaker government goes out of office when a new election to the office of Prime Minister is completed.

72. Oaths and affirmations by Ministers

73. Establishment of the Cabinet

1. A Cabinet is established for Tuvalu.
2. The Cabinet consists of the Prime Minister and all the other Ministers.

74. Functions of the Cabinet

75. Assignment of responsibilities to Ministers

1. The Head of State, acting in accordance with the advice of the Prime Minister may-
   1. assign to the Prime Minister or to any other Minister responsibility for the conduct of any business of the Government (including responsibility for the administration of any Ministry or office of Government); and
   2. from time to time re-assign any such responsibility either on a substantive basis or on an acting basis.
2. Except as provided by or under an Act of Parliament-
   1. all Ministries, offices and functions of Government shall be the responsibility of the Prime Minister or another Minister; and
   2. the Prime Minister is responsible for any function of Government that is not specifically assigned under this section.

76. Proceedings in Cabinet

1. Meetings of the Cabinet shall be summoned by the Prime Minister or Minister appointed to act as Prime Minister.
2. The Prime Minister shall, as far as practicable, attend and preside at all meetings of the Cabinet, and in his absence-
   1. if there is an office of Deputy Prime Minister and the Deputy Prime Minister is present - the Deputy Prime Minister shall preside; and
   2. in any other case - a Minister chosen by the Ministers present shall preside.
3. Subject to this subsection, the quorum for a meeting of the Cabinet is a majority of the total membership, but if the members of the Cabinet present at a meeting certify to the Head of State that-
   1. it is not practicable for a full quorum to be present; and
   2. a matter requiring decision is too urgent to wait for the availability of a full quorum,

   the number of members actually present is a quorum for that meeting.

4. Subject to the requirement of a quorum in accordance with subsection (3)-
   1. the Cabinet may conduct any business even if there is a vacancy in its membership; and
   2. proceedings in Cabinet are valid even if a person who was not entitled to do so took part in those proceedings.
5. Subject to any directions of the Cabinet, the Prime Minister or Minister appointed to act as Prime Minister shall decide what business is to be considered at a meeting of the Cabinet.

77. Validity of executive acts

1. The succeeding provisions of this section are subject to any Act of Parliament.
2. Except as authorized by the Cabinet, or as otherwise required or permitted by an Act of Parliament, the business and proceedings of the Cabinet shall be kept secret.
3. No question whether any procedures prescribed for the Cabinet have been, or are being, complied with shall be considered in any court.
4. Subject to subsection (5), no act of the Prime Minister or of any other Minister is open to any challenge on the ground that he was not authorized to perform it if any Minister (whether or not specifically named) was so authorized to do so.
5. Subsection (4) does not apply in relation to a function that is specifically conferred on the Prime Minister.

78. The Secretary to Government

1. An office of Secretary to Government is established as an office in the Public Service.
2. The Secretary to Government shall be appointed in accordance with section 159(3)(a) (which relates to the appointment of the Secretary to Government).
3. Unless he has been excused by or under the authority of the Prime Minister, the Secretary to Government shall attend all meetings of the Cabinet.
4. The Secretary to Government is responsible, in accordance with such instructions as are given to him by the Cabinet, for co-ordinating the work of all Ministries and offices of Government, and has such other functions as are prescribed or as are directed by the Cabinet or the Prime Minister.
5. On receipt of a written notice of resignation from the Secretary to Government, the Prime Minister shall advise the Public Service Commission and submit the resignation to the Head of State for approval, which, subject to any other law, shall take effect on the date specified.

79. The Attorney-General

1. An office of Attorney-General for Tuvalu is established as an office in the Public Service.
2. The Attorney-General shall be appointed in accordance with section 159(4)(a) (which relates to the appointment of the Attorney-General).
3. The Attorney-General is the principal legal adviser to the Government, and has such other functions as are prescribed.
4. A person is not qualified to hold or to act in the office of Attorney-General unless he is entitled to practise before the High Court.
5. Unless he is excused by or under the authority of Parliament, the Attorney-General-
   1. shall attend all meetings of Parliament; and
   2. Legislative committees
      may take part, in accordance with the Rules of Procedure of Parliament, in the proceedings of Parliament and committees of Parliament (but without a vote).
6. Unless he is excused by or under the authority of the Prime Minister, the Attorney-General shall attend all meetings of the Cabinet.
7. Attorney general
   Subject to the succeeding provisions of this section, in any case where he considers it desirable to do so the Attorney-General may-
   1. take criminal proceedings against any person before a court (other than a court-martial or other military tribunal) in respect of an offence; or
   2. take over and continue any criminal proceedings referred to in paragraph (a) that have been taken by any other person or authority; or
   3. discontinue, at any stage before judgment is given, any criminal proceedings referred to in paragraph (a) that have been taken by him or by any other person or authority.
8. Subject to any Act of Parliament, the functions of the Attorney-General maybe performed-
   1. in person; or
   2. through officers responsible to him, acting in accordance with his general or specific instructions,

   and references to the Attorney-General include references to officers so acting.

9. Where any person or authority other than the Attorney-General has taken any criminal proceedings, nothing in this section prevents the withdrawal, in accordance with law, of those proceedings by any person or authority except where those proceedings have been taken over by the Attorney-General.
10. Subject to subsections (8) and (9), the powers conferred on the Attorney-General by subsection (7)(b) and (c) are vested in him to the exclusion of any other person or authority.
11. Subject to section 15 (independence) of Schedule 1, in the performance of his functions under subsection (7) the Attorney-General is not subject to the direction or control of any other person or authority.
12. Subject to subsection (13), for the purposes of this section-
    1. an appeal from a decision in any proceedings; and
    2. a case stated or question of law reserved for the purpose of any proceedings,

       is part of those proceedings.

13. The functions of the Attorney-General under subsection (7)(c) shall not be exercised in relation to-
    1. an appeal by a person convicted in any proceedings; or
    2. a case stated or question of law reserved at the instance of a person convicted in any proceedings; or
    3. a judicial review of any proceedings.

80. Commutation, etc., of sentences

1. The Head of State, acting in accordance with the advice of the Cabinet, may-
   1. grant to a person a pardon, either free or subject to lawful conditions, for an offence; or
   2. relieve a person from any disability imposed by this Constitution or by or under an Act of Parliament because of a conviction under, or a contravention of, or a failure to comply with, a law of a country other than Tuvalu; or
   3. grant to a person a delay, either indefinite or for a specified period, in the enforcement of any penalty imposed on that person for an offence; or
   4. substitute a less severe form of punishment for any punishment imposed on a person for an offence; or
   5. remit the whole or part of-
      1. any punishment imposed on a person for an offence; or
      2. any penalty, fine or forfeiture otherwise due to the Government on account of an offence.
2. In any case in which the power of mercy is exercised in accordance with subsection (1), the Prime Minister shall present to Parliament-
   1. if the power is exercised during a meeting of Parliament - during that meeting; or
   2. if the power is exercised at any other time - during the next meeting of Parliament,

   a statement giving details of the exercise of the power and of the reasons for it.

81. Establishment of Parliament

82. Composition of Parliament

1. Size of first chamber, Supermajority required for legislation
   Subject to subsection (3), Parliament shall consist of such number of members as is fixed by or under an Act of Parliament and a Bill for an Act to amend the number of members so fixed shall not be passed by Parliament unless it is supported at its Third Reading by the votes of not less than two-thirds of the members of Parliament.
2. The members shall be directly elected in accordance with this Constitution and, subject to this Constitution, in accordance with an Act of Parliament.
3. Size of first chamber
   The number of members of Parliament shall not be less than twelve.
4. Electoral districts
   For the purpose of the election of the members of Parliament, electoral districts shall be established, having-
   1. such boundaries; and
   2. such number of elected representatives,

      as are prescribed by or under an Act of Parliament.

5. Nothing in this Constitution prevents an Act of Parliament from making special provision for the representation of a part of Tuvalu with special electoral problems, or related problems.

83. Principles of electoral apportionment

1. This section does not affect the operation of section 82(5) (which relates to special electoral provisions for particular parts of Tuvalu).
2. Subject to subsection (1), a Bill for an Act for the purposes of section 82 (composition of Parliament) shall, so far as practicable, be based on the principle that each member of Parliament should represent approximately the same number of electors, but in the circumstances of Tuvalu account must also be taken of-
   1. geographical features; and
   2. interests or relationships of any kind that various areas-
      1. may have in common; or
      2. may not have in common; and
   3. the boundaries of existing administrative and traditional areas; and
   4. means of communication; and
   5. density and mobility of population; and
   6. such other factors as are prescribed by an Act of Parliament for the purpose.

84. Vesting of the law-making power

85. Delegated legislation

86. Manner of exercise of the law-making power

1. The power of Parliament to make laws shall be exercised by means of Bills passed, in accordance with section 111 (procedure on Bills, etc.), by Parliament and assented to by the Head of State.
2. When a Bill is presented to the Head of State for assent the Head of State shall promptly assent to it.
3. A Bill that has been assented to is an Act of Parliament.

87. Nature of elections

1. Claim of universal suffrage, First chamber selection
   Members of Parliament shall be elected under a system of universal, citizen, adult suffrage, in accordance with this Constitution and any law made for the purposes of section 89 (electoral laws).
2. Secret ballot
   All contested elections of members of Parliament shall be held by secret ballot.
3. The provisions of subsection (2) shall not be considered to be contravened by a law that makes reasonable provision for assistance in voting to be given, on request, to any person.

88. Holding of elections

1. Scheduling of elections
   There shall be a general election to be held after one month but not later than three months after every dissolution of Parliament.
2. Replacement of legislators
   There shall be a bye-election as soon as practicable after-
   1. the occurrence of any casual vacancy in the membership of Parliament; or
   2. an Act of Parliament has been enacted to increase the number of members of Parliament.

89. Electoral laws

1. Subject to this Constitution, an Act of Parliament may make provision for and in relation to Parliamentary elections.
2. An Act of Parliament shall make provision for safeguarding the integrity of Parliamentary elections, especially in circumstances to which section 87(3) (special provisions for certain voters) applies.

Subdivision B. Electors

Subdivision C. Candidates

Subdivision D. Members

Subdivision E. Miscellaneous

103. Establishment of the office of Speaker

104. Election of the Speaker

1. Subject to this section, the Speaker shall be elected by the members of Parliament from among their own number.
2. As soon as practicable after-
   1. each general election; or
   2. the occurrence of a casual vacancy in the office of Speaker,

   but after any necessary election of a Prime Minister, the Head of State, acting in accordance with the advice of the Prime Minister, shall call a meeting of the members of Parliament for the purpose of electing a Speaker, at a date, time and place fixed by the Head of State, acting in accordance with the advice of the Prime Minister, by notice to each member.

3. The Clerk of Parliament shall preside at the meeting, and for that purpose has all the functions of the Speaker as if the meeting were a meeting of Parliament.
4. When a Speaker is elected, the Clerk of Parliament shall so inform the Head of State, and the Head of State shall appoint the person so elected to be the Speaker.
5. At the commencement of the first sitting day of Parliament after the appointment of a Speaker, the Clerk of Parliament shall announce to the members of Parliament present the appointment of the Speaker and the person appointed shall then take his place as Speaker.

105. Tenure of office of the Speaker

1. The office of Speaker becomes vacant-
   1. on death; or
   2. when a Speaker next takes his place under section 104(5) (which relates to the Speaker taking his place after his appointment by the Head of State); or
   3. subject to subsection (2), if-
      1. he announces to Parliament his resignation from office; or
      2. he resigns his office by written notice addressed to Parliament and given to the Clerk of Parliament; or
   4. if he ceases to be a member of Parliament for any reason other than the dissolution of Parliament; or
   5. if he becomes Prime Minister or another Minister; or
   6. if he becomes the Head of State or a Judge of the High Court; or
   7. if Parliament so resolves by resolution supported by the votes of two-thirds of the total membership.
2. A resignation under subsection (1)(c) takes effect on the date on which it is-
   1. announced to Parliament; or
   2. received by the Clerk of Parliament,

   as the case may be.

106. Functions of the Speaker

1. Legislative committees
   Subject to subsection (2), when he is present the Speaker shall preside at all sittings of Parliament and of committees of Parliament.
2. An Act of Parliament or the Rules of Procedure of Parliament may provide that subsection (1) does not apply-
   1. Legislative committees
      when Parliament is in a committee of the whole Parliament; or
   2. on other occasions, or in other circumstances, prescribed in the Act or the Rules.
3. Subject to any Act of Parliament made for the purposes of subsection (6), the Speaker is responsible for ensuring that the business of Parliament is conducted in accordance with this Constitution, any applicable Act of Parliament and the Rules of Procedure of Parliament.
4. The Speaker shall do his best to ensure that-
   1. proceedings in Parliament are conducted at all times with dignity, decorum and politeness; and
   2. abusive, unnecessarily violent or otherwise objectionable language is not used in Parliament; and
   3. Parliamentary privilege is not abused by the making of unnecessary personal attacks on other members of Parliament or other persons, or in any other manner.
5. The Speaker has such other functions as are provided for by this Constitution, any Act of Parliament and the Rules of Procedure of Parliament.
6. Subject to any Act of Parliament, the decision of the Speaker on any matter relating to the conduct of the business of Parliament is final.
7. The Speaker shall perform his functions impartially, and has a duty to ensure that in the conduct of the business of Parliament there is a reasonable opportunity for all members present to be fairly heard.

107. Acting Speaker

1. If the Speaker is absent from a sitting of Parliament or if there is a vacancy in the office of Speaker during a meeting, a member of Parliament (not being the Prime Minister or another Minister) elected by the members shall, until relieved by the Speaker, perform the functions of the Speaker.
2. If at any time when Parliament is not sitting-
   1. the Speaker is absent from Tuvalu or is for any other reason unable to perform his functions; and
   2. no member has been elected under subsection (1), the Clerk of Parliament shall perform the parliamentary functions of the Speaker.
3. The Clerk of Parliament shall preside for the purposes of the election of an acting Speaker under subsection (1).
4. No question whether the need for the election of a person to perform the functions of the Speaker in accordance with this section has arisen, or has ceased, shall be considered in any court

108. Rules of Procedure

1. Subject to this Constitution and to any Act of Parliament, Parliament may make rules of procedure for the regulation and orderly conduct of its proceedings and the discharge of business at sittings of Parliament, and for related purposes.
2. The rules shall ensure that in the conduct of the business of Parliament there is a reasonable opportunity for all members to be fairly heard.

109. Quorum of Parliament

1. Subject to subsection (3), the quorum for a meeting of Parliament is one more than one half of the total membership, ignoring any fraction which may arise in calculating one half of the total membership.
2. If at any time-
   1. the Speaker declares that a quorum in accordance with subsection (1) is not present; and
   2. after such interval as is prescribed in the Rules of Procedure of Parliament for the purpose such a quorum is again not present,

   the Speaker shall adjourn Parliament until a time and date that he thinks appropriate.

3. If at the time and date fixed by the Speaker under subsection (2) a quorum in accordance with subsection (1) is not present, the number of members of Parliament actually present and qualified to take part in the proceedings is a quorum for the purposes of that day's sitting.

110. Voting in Parliament

1. Subject to this Constitution, all questions before Parliament shall be determined in accordance with a majority of the votes of the members of Parliament present and voting.
2. Subject to subsection (3), the Speaker does not have an original vote, but-
   1. has; and
   2. shall exercise,

   a casting vote.

3. The Speaker has an original vote, but not a casting vote-
   1. on a motion of no confidence in the Government; and
   2. on a Bill for an Act to amend this Constitution.

111. Procedure on Bills, etc

1. Subject to this Constitution, any member of Parliament may, in accordance with the Rules of Procedure of Parliament-
   1. Initiation of general legislation
      introduce a Bill in Parliament; or
   2. propose a motion for debate in Parliament; or
   3. present a petition to Parliament,

   and it shall be disposed of in accordance with this Constitution and the Rules.

2. Subject to section 2 (the area of Tuvalu), with the exception of-
   1. Appropriation Bills; and
   2. Bills certified by the Head of State, acting in accordance with the advice of the Cabinet, to be-
      1. urgent; or
      2. not of general public importance,

   Parliament shall not proceed upon a Bill after its first reading until the next session of Parliament, and after the first reading the Clerk of Parliament shall circulate the Bill to all local governments for consideration and comment.

3. Parliament shall consider and dispose of any comments received under subsection (2).
4. Parliament shall not proceed-
   1. further than the first reading of a Bill for any purpose referred to in section 166(1) (which relates to Executive initiative); or
   2. on a motion or amendment which would have a similar effect, without the recommendation of a Minister as required by section 166(1) (which relates to Executive initiative).

112. Oath and affirmation of members of Parliament

1. Subject to subsection (3), no member of Parliament may take part in the proceedings of Parliament (other than formal proceedings and proceedings necessary for the purpose of this section) until he has, before Parliament, made an oath, or taken an affirmation, of allegiance in the form in Schedule 4.
2. The swearing-in of a member of Parliament takes precedence over all other business (other than formal business and business referred to in subsection(3)) in Parliament.
3. Subsection (1) does not apply in relation to-
   1. proceedings for the election of a Prime Minister under section 63(1) (which relates to the election of a Prime Minister) and Schedule 2 (Election and Appointment of the Prime Minister); or
   2. proceedings for the election of a Speaker under section 104 (election of the Speaker) or of an acting Speaker under section 107(1) (which relates to the election of a member of Parliament as acting Speaker).

113. Validity of proceedings in Parliament

114. Privileges of Parliament

1. The purpose of this section is to allow, as is customary in Parliaments-
   1. certain privileges and immunities to be conferred upon Parliament and members of Parliament; and
   2. certain powers to be conferred upon Parliament, in order to facilitate the proper conduct of the business of Parliament, and to prevent improper interference with the conduct of that business.
2. Subject to subsections (4) and (5), Parliament may provide for-
   1. privileges and immunities of Parliament and members of Parliament; and
   2. powers of Parliament.
3. Any provision made by Parliament for the purposes of subsection (2) shall be interpreted and applied only in accordance with the purpose of this section asset out in subsection (1).
4. No civil or criminal proceedings may be instituted against a member of Parliament-
   1. for words spoken in, or included in a report to, Parliament or a committee of Parliament; or
   2. by reason of any matter or thing brought by him in Parliament or a committee of Parliament.
5. No process issued by a court shall be served or issued within the precincts of Parliament (as defined by or under an Act of Parliament or the Rules of Procedure of Parliament).

115. Clerk of Parliament and other officers

116. Meetings of Parliament

1. Subject to this section, Parliament shall meet at such places in Tuvalu, and at such times, as the Head of State, acting in accordance with the advice of the Cabinet, appoints.
2. Sessions of Parliament shall be held in such a way that no period of 12 months intervenes between the end of one session and the beginning of the next.
3. A session of Parliament shall be appointed to begin as soon as practicable after the declaration of the results of a general election, and in any event within three months after the declaration.
4. In the event of a failure to comply with subsection (2) or (3), the Speaker shall call a meeting of Parliament, unless in the meantime a meeting has been called under subsection (1).

117. Prorogation of Parliament

118. Dissolution of Parliament

1. Term length for first chamber
   Subject to this section, Parliament is automatically dissolved at the end of the period of four years after the date of its first sitting after a general election.
2. Dismissal of the legislature
   The Head of State, acting in accordance with a resolution of Parliament may at any time dissolve Parliament.
3. Dismissal of the legislature
   If-
   1. the office of Prime Minister is vacant; and
   2. no person has been elected to that office within such period as the Head of State, acting in his own deliberate judgment, thinks reasonable, the Head of State, acting in his own deliberate judgment, may dissolve Parliament.
4. Subject to subsection (5), Parliament remains dissolved until the declaration of the results of the following general election.
5. Subject to subsection (6), if the Head of State certifies that there is an urgent matter requiring the attention of Parliament at a time while Parliament is dissolved he may re-convene Parliament, and Parliament may meet and act as if it had not been dissolved.
6. The functions of the Head of State under subsection (5) shall be performed-
   1. in accordance with the advice of the Cabinet; and
   2. subject to any such advice, in his own deliberate judgment.
7. A meeting of Parliament re-convened under subsection (5) shall consider only the matter certified under that subsection and matters that, in the opinion of the Speaker, arise out of it.

119. The judicial system

Subdivision A. Establishment, etc

Subdivision B. Jurisdiction

134. Establishment of the Court of Appeal

1. A Court of Appeal for Tuvalu is established.
2. The Court of Appeal shall be constituted as provided for by an Act of Parliament.
3. Parliament shall not proceed upon a Bill for an Act referred to in subsection (2) after its first reading in Parliament unless the Speaker has obtained, and has presented to Parliament, a report from the Chief Justice on the proposal.

135. Jurisdiction of the Court of Appeal

1. Subject to-
   1. section 41(2) (which relates to frivolous or vexatious appeals against determinations as to contraventions of the Bill of Rights); and
   2. section 100(2) (appeals on questions as to membership of Parliament); and
   3. any Act of Parliament,
   Right to appeal judicial decisions, Structure of the courts

   the Court of Appeal has jurisdiction to determine appeals from decisions of the High Court, whether in the exercise of original jurisdiction or in the exercise of appellate jurisdiction.

2. No Act of Parliament made for the purposes of subsection (1) affects the rights of appeal provided for by Division 5 (Enforcement of the Bill of Rights) of Part II.

136. Jurisdiction of the Sovereign in Council

1. Right to appeal judicial decisions
   An appeal may be made from a decision of the Court of Appeal to the Sovereign in Council-
   1. Constitutional interpretation
      with the leave of the Court of Appeal-
      1. in the case of a final decision on a question as to the interpretation or application of this Constitution; or
      2. in the case of a final decision in proceedings under Division 5 (Enforcement of the Bill of Rights) of Part ii;
      3. in the case of-
         1. a final decision; or
         2. an interlocutory decision, that is to say, a decision of a kind referred to in subsection (2),

      in any proceedings, where in the opinion of the Court of Appeal the question involved in the appeal is one which, because of its great general or public importance, or otherwise, ought to be submitted to the Sovereign in Council; and

   2. in such other cases and on such conditions as are provided for by or under an Act of Parliament.
2. In subsection (l)(a)iii)(B), "interlocutory decision" refers to a decision which-
   1. is made during or for the purposes of some legal proceedings; and
   2. is incidental to those proceedings; and
   3. does not finally dispose of those proceedings.

137. Interpretation of Part VIII

138. Application of Part VIII

1. This Part does not apply to or in relation to-
   1. consultants, advisers or agents (without executive authority or power of direction of members of a State Service) who are-
      1. employed on an honorary basis; or
      2. remunerated by fees or commission only, with or without travelling or subsistence allowances, expense allowances or similar allowances; or
   2. except as provided by or under an Act of Parliament-
      1. the holders of offices listed in section 161 (application of Division 5); or
      2. the members of the staff of statutory authorities; or
      3. members of, or members of the staff of, local governments or authorities.
2. Nothing in this Part prevents the creation of-
   1. statutory offices; or
   2. statutory corporations or authorities; or
   3. statutory or administrative commissions, boards or committees, or similar bodies,

   or the determination, in accordance with law, of conditions of employment relating to them.

139. The State Services

1. Subject to this Part, Acts of Parliament shall make provision for and in relation to-
   1. a Public Service; and
   2. the Tuvalu Police.
2. Subject to this Part, Acts of Parliament may make provision for and in relation to-
   1. a Prison Service; and
   2. other State Services of Tuvalu.

140. Creation etc., of offices, etc., in State Services

141. Appointments subject to approval, etc

1. Except as provided in this Constitution, this section does not apply to or in relation to any office or position established by this Constitution.
2. Nothing in this Part prevents an appointment to, or other service action in relation to, an office or position in a State Service from being made subject to-
   1. approval by Parliament, or by any other person or authority; or
   2. consultation with Parliament or with the members of Parliament, or with any other person or authority.

142. Localization

1. In this section "localization" means preference in public employment (either generally or in respect of an office or position, or a class of offices or positions) for-
   1. citizens of Tuvalu; or
   2. persons whose usual places of residence (apart from the requirements of employment) are in Tuvalu; or
   3. persons having some other special connection with Tuvalu,

   including the replacement of the holders of offices or positions who do not have the qualifications required by the policy.

2. A localization policy or programme may be laid down-
   1. by or under an Act of Parliament; or
   2. by decision of the Cabinet, approved by Parliament by resolution.
3. Nothing in a policy or programme laid down in accordance with subsection(2)(b) affects any right to termination or retirement benefits, or to compensation, otherwise possessed by any person affected by it.
4. Nothing in this Part, including Division 5 (Removal, etc., of Certain Officials), or in Part I (Bill of Rights) prevents the implementation of any localization policy or programme laid down under this section.

143. Establishment of the Commission

144. Composition of the Commission

145. Appointment of members of the Commission

1. The members of the Public Service Commission shall be appointed by the Head of State, acting in accordance with the advice of the Cabinet.
2. A person is not qualified for appointment as a member of the Commission if-
   1. he is a member of Parliament; or
   2. he is a candidate for election as a member of Parliament; or
   3. he is the holder of-
      1. any other office or position established by this Constitution; or
      2. an office or position in a State Service; or
      3. any other office or position prescribed for the purposes of this subsection by or under an Act of Parliament.

146. Remuneration, etc., of members of the Commission

1. The salary or other remuneration of the Chairman and the other members of the Public Service Commission are as provided for in section 169 (remuneration of certain officials).
2. The other conditions of employment of a member of the Commission are as prescribed by or under an Act of Parliament.

147. Tenure of office of members of the Commission

1. A member of the Public Service Commission vacates his office or position-
   1. if he is removed from office under Division 5 (Removal etc., of certain officials); or
   2. subject to subsection (2), if he resigns by notice in writing to the Head of State; or
   3. if he ceases to be qualified for appointment by virtue of section 145(2) (which relates to disqualification from appointment); or
   4. at the end of the period of four years after the date of his appointment.
2. A resignation under subsection (1)(b) takes effect on the date on which it is received by the Head of State, or on such later date as is fixed by agreement between the member and the Minister responsible for Public Service matters.

148. Exclusion of members of the Commission from certain employment

1. This section does not apply to a person who has been acting temporarily in the office of a member of the Public Service Commission only for a period of less than six consecutive months.
2. Nothing in this section prevents other or additional disqualifications being imposed by or under an Act of Parliament on-
   1. a member or former member of the Public Service Commission, or
   2. a person referred to in subsection (1),

      because of his membership or former membership of the Commission.

3. A member of the Public Service Commission is not eligible for appointment to any office or position referred to in section 145(2)(c) (which relates to certain offices and positions the holders of which are disqualified from appointment to the Public Service Commission).

149. Functions of the Commission

1. Subject to this Constitution and in particular to section 150 (independence of the Commission), and to any Act of Parliament, the Public Service Commission is responsible for-
   1. the efficient management and control of the Public Service in relation to matters referred to in paragraphs (a)-(f) of the definition "personnel matters" in section 137 (interpretation of Part VIII); and
   2. all personnel matters connected with the Public Service; and
   3. such matters in relation to the other State Services and the services of other governmental bodies as are prescribed,

   and has such other functions as are prescribed.

2. Subject to section 150 (independence of the Commission), the Public Service Commission-
   1. may at any time; and
   2. shall at the request of the Minister responsible for Public Service matters,

      inform or advise the Cabinet as to any matter within the functions of the Commission.

150. Independence of the Commission

1. Subject to section 15 (independence) of Schedule 1, in personnel matters the Public Service Commission shall comply with any general directions as to policy given by the Cabinet, but otherwise is not subject to direction or control by any other person or authority.
2. A policy direction given under subsection (1)-
   1. shall be published in any manner prescribed for the publication of subordinate legislation; and
   2. shall immediately be forwarded by the Minister responsible for Public Service matters to the Speaker, for presentation to Parliament.
3. Except in relation to personnel matters, the Public Service Commission is responsible to the Cabinet for the performance of its functions.

151. Appeals within State Services

1. The independence conferred on the Public Service Commission by section 150 (independence of the Commission) is not affected by any provision of an Act of Parliament providing for an appeal, to an independent tribunal or authority established by an Act of Parliament, from-
   1. a decision of the Commission; or
   2. any recommendation or advice to the Commission; or
   3. any advice proposed to be given by the Commission to the Head of State
2. The provisions of section 150 (independence of the Commission) and of subsection (1) apply to and in relation to any tribunal or authority that may be established under subsection (1) in the same way as they apply to and in relation to the Public Service Commission.

152. Procedures, etc., of the Commission

153. Delegation by the Commission

1. With the approval of the Minister responsible for Public Service matters, the Public Service Commission may, in writing, delegate to any person any of its functions.
2. A delegation under subsection (1)-
   1. may apply generally, or in respect of any part of Tuvalu or of any place specified in the instrument of delegation; and
   2. may be made subject to such conditions, limitations and restrictions as are so specified.
3. A delegation under this section is revocable, in writing, at will, and no delegation prevents the performance of a function by the Commission.
4. If a delegation under this section relates to personnel matters, in performing the delegated function the delegate is subject to the same freedom from direction or control as the Commission, and the provisions of sections 150 (independence of the Commission) and 151, (appeals with State Services) with the necessary modifications, apply accordingly.

154. Application of Division 4

1. This Division applies to and in relation to any Act of Parliament made for the purposes of section 139 (the State Services) establishing a State Service, and to any regulations or other subsidiary legislation made under such an Act.
2. The provisions of this Division shall be read subject to this Constitution and in particular to-
   1. section 142 (Localization); and
   2. Division 5 (Removal, etc., of Certain Officials).

155. The Public Service

156. Magistrates

1. The provisions of this section apply in relation to a magistrate of a subordinate court irrespective of whether he is a member of the Public Service.
2. Authority in relation to personnel matters in respect of magistrates of subordinate courts in their capacity as magistrates shall be vested in the Head of State, acting in accordance with the advice of the Public Service Commission, subject to the approval, either general or specific, of the Chief Justice or a person authorized by him for the purpose.

157. The Police Force

1. An office of Commissioner of Police is established as an office in the Tuvalu Police.
2. The Commissioner of Police shall be appointed in accordance with section 159(5)(a) (which relates to the appointment of the Commissioner of Police).
3. Excluding the Commissioner of Police, members of the Tuvalu Police of or above the rank of Inspector (or the equivalent rank as defined by or under an Act of Parliament) may be appointed, removed and disciplined in the same manner, with any necessary modifications, as members of the Public Service under section 155 (the Public Service).
4. Other members of the Tuvalu Police may be appointed, removed and disciplined by the Commissioner of Police, subject to appeal to the Public Service Commission in the case of removal or disciplinary action.

158. Secretaries to Ministries

1. In this section-
   1. "Secretary" means the Secretary or other head of a Ministry or office of Government (being a member of the Public Service) who is directly responsible to a Minister, but does not include the Secretary to Government; and
   2. a reference to the appointment of a Secretary includes a reference to-
      1. his appointment from outside the Public Service; and
      2. his promotion or transfer from some other office outside a common cadre.
2. Secretaries-
   1. shall be appointed only with the concurrence of the Cabinet; and
   2. form a common cadre or (as prescribed by or under an Act of Parliament) common cadres, to which may be added other senior members (as so prescribed) of the Public Service.
3. The Cabinet may at any time request the Public Service Commission to advise the Head of State to appoint a particular person to be a Secretary.
4. If the Cabinet makes a request under subsection (3), the Public Service Commission shall consider the request and advise of its decision.
5. No Secretary shall be appointed from outside the State Services unless the Public Service Commission determines that the appointee has clearly more merit than a serving member of the State Services.

159. Special cases of appointments

1. This section shall be read subject to section 142 (localization).
2. The Auditor-General-
   1. shall be appointed by the Head of State, acting in accordance with the advice of the Public Service Commission, and with the approval of Parliament signified by resolution; and
   2. may be suspended or removed from office in accordance with Division 5 (Removal, etc., of Certain Officials).
3. The Secretary to Government-
   1. shall be appointed by the Head of State, acting in accordance with the advice of the Public Service Commission given after consultation with the Cabinet; and
   2. may be suspended or removed from office in accordance with Division 5 (Removal, etc., of Certain Officials).
4. Attorney general
   The Attorney-General-
   1. shall be appointed by the Head of State acting in accordance with the advice of the Cabinet given after consultation with the Public Service Commission; and
   2. may be suspended or removed from office in accordance with Division 5 (Removal, etc., of Certain Officials).
5. The Commissioner of Police-
   1. shall be appointed by the Head of State, acting in accordance with the advice of the Public Service Commission given after consultation with the Cabinet; and
   2. may be suspended or removed from office in accordance with Division 5 (Removal, etc., of Certain Officials).
6. The functions of the Head of State under this Division in relation to the personal staff of the Governor-General who are members of a State Service shall be exercised by the Governor-General acting in his own deliberate judgment.

160. Interpretation of Division 5

161. Application of Division 5

1. This Division applies to the offices of-
   1. Secretary to Government; and
   2. Attorney-General; and
   3. Auditor-General; and
   4. Commissioner of Police; and
   5. members of the Public Service Commission,

   and any other office or position to which this Division is applied by an Act of Parliament.

2. The provisions of this Division shall be read subject to section 142 (localization).

162. Removal of prescribed officials from office

1. Subject to section 164 (contract employment), the holder of an office or position to which this Division applies may be removed from office only-
   1. for inability to perform properly the functions of his office or position (whether arising from infirmity of body or mind, or from some other cause), or for misbehaviour; and
   2. in accordance with this section.
2. The holder of an office or position to which this Division applies may be removed from office by the appropriate authority if-
   1. the question of his removal from office has been referred to a tribunal appointed under subsection (3); and
   2. the tribunal has advised the appropriate authority that he ought to be removed from office for a reason set out in subsection (1)(a).
3. If the Cabinet or the appropriate authority decides that the question of removing from office the holder of an office or position to which this Division applies should be investigated under this section, the Head of State, acting after consultation with the Prime Minister, shall appoint an independent tribunal consisting of-
   1. a chairman who is qualified for appointment as a Judge of the High Court; and
   2. not less than one other member, with qualifications or experience relevant to the particular matter.
4. A person is not qualified to be appointed under subsection (3)(b) if he-
   1. is the Governor-General; or
   2. is a member of Parliament; or
   3. is a member of the appropriate authority in relation to the person concerned; or
   4. is, or has been within the preceding 12 months, a subordinate of the person concerned; or
   5. has been involved in formulating advice on the question.
5. The tribunal shall investigate the question and report on it to the appropriate authority, with its advice whether the person concerned should be removed from office.
6. The provisions of Schedule 3 (procedure, etc., of the Public Service Commission and Certain Tribunals) apply to and in respect of the tribunal.

163. Suspension of prescribed officials

1. If the question of removing a person from office has been referred to a tribunal under section 162 (removal of prescribed officials from office), the appropriate authority may suspend him from office.
2. A suspension under subsection (1)-
   1. may be lifted at any time by the appropriate authority; and
   2. ceases to have effect if the tribunal advises the appropriate authority that the person concerned should not be removed from office.
3. A person suspended under this section shall receive remuneration or other entitlements in accordance with the policy in force for the time being in the Public Service and provided for in General Administrative Orders.

164. Contract employment

165. Parliamentary responsibility for finance

1. Notwithstanding anything in this Constitution (other than section 169 (remuneration of certain officials)), the raising and spending of money by the Government (including the imposition of taxation and the raising of loans) is subject to authorization and control by Parliament, and shall be regulated by an Act of Parliament.
2. For each financial year there shall be-
   1. a National Budget, comprising estimates of-
      1. money proposed to be raised by the Government; and
      2. money proposed to be spent by the Government,

      in respect of the financial year; and

   2. appropriations for the service of the financial year, and there may be such supplementary Budgets and supplementary appropriations as are necessary.
3. Nothing in subsection (2) prevents an appropriation being expressed-
   1. to continue after the end of the financial year; or
   2. to lapse before the end of the financial year.

166. Executive initiative

1. Except on the recommendation of a Minister, Parliament shall not provide for-
   1. the imposition or increase of taxation, or the raising of money by the Government; or
   2. the imposition or increase of any charge on the public funds of Tuvalu; or
   3. the alteration of any charge on the public funds of Tuvalu otherwise than by reducing it; or
   4. the compounding or remission of any debt due to the Government.
2. Parliament may reduce the amount of any proposal-
   1. for taxation; or
   2. for the raising of public revenue; or
   3. for any expenditure of public money.
3. Parliament may not-
   1. increase the amount of any proposal; or
   2. change the effect of any proposal; or
   3. change the purpose of any proposal,

   referred to in subsection (2)(a), (b) or (c).

167. The Consolidated Fund

1. There shall be a Consolidated Fund of Tuvalu, into which, subject to any Act of Parliament, all public money shall be paid.
2. Acts of Parliament may make provision for or in respect of other public funds not forming part of the Consolidated Fund, which shall be administered and dealt with in accordance with Acts of Parliament.

168. Accounting, etc., for public money

1. All money of or under the control of the Government shall be dealt with and properly accounted for in accordance with law.
2. No money of or under the control of the Government shall be spent except as provided by this Constitution or by or under an Act of Parliament.

169. Remuneration of certain officials

1. This section applies to the offices of-
   1. Governor-General; and
   2. Speaker; and
   3. Prime Minister and other Ministers; and
   4. other members of Parliament; and
   5. Judges of the High Court; and
   6. Attorney-General; and
   7. Auditor-General; and
   8. Commissioner of Police; and
   9. members of the Public Service Commission.
2. Subject to this section, the holders of the offices to which this section applies shall be paid such salaries or other remuneration and such allowances as are specifically prescribed by an Act of Parliament.
3. The remuneration and allowances referred to in subsection (2) are charged on and shall be paid out of the Consolidated Fund without appropriation otherwise than by this section.
4. Subject to subsections (5) and (6), the remuneration and allowances payable to the holder of an office to which this section applies (other than allowances which are specifically excluded by Act of Parliament from the operation of this subsection) shall not be altered to his disadvantage after his appointment.
5. Subsection (4) does not apply in respect of any reduction in remuneration or allowances which is part of a general reduction applied proportionately to-
   1. all offices to which this section applies; and
   2. all other offices the remuneration of which is specifically prescribed by Act of Parliament.
6. For the purposes of subsection (4), where any remuneration or allowance to which that subsection applies is based, whether in law or in practice, on a choice made by the holder of the office in question, the remuneration or allowance which he chooses shall be considered to be more advantageous to him than any other which he might have chosen.

170. Establishment of the office of Auditor-General

1. An office of Auditor-General for Tuvalu is established.
2. The Auditor-General shall be appointed in accordance with section 159(2)(a) (which relates to the appointment of the Auditor-General).

171. Independence of the office of Auditor-General

172. Functions of the Auditor-General

1. The Auditor-General shall inspect and audit, and report at least once in every financial year to Parliament on-
   1. the public accounts of Tuvalu; and
   2. the control of public money and property of Tuvalu; and
   3. all transactions with or concerning public money or property of Tuvalu,

   and has such other functions as are, subject to subsection (4), conferred on him by an Act of Parliament.

2. Unless other provision is made by or under an Act of Parliament in respect of the inspection and audit of them, subsection (1) extends to the accounts, finances and property of-
   1. each branch, department, agency and instrumentality of the Government; and
   2. each body set up by an Act of Parliament, or by executive or administrative act of the Government, for governmental or official purposes.
3. Even if other provision for inspection or audit is made as referred to in subsection (2), the Auditor-General may, if he thinks it proper to do so, inspect and audit, and report to Parliament on, any accounts, finances or property of an organization referred to in that subsection so far as they or it relate to, or consist of or are derived from, public money or property of Tuvalu.
4. An Act of Parliament may-
   1. expand, and provide in more detail for, the functions of the Auditor-General under the preceding provisions of this section; and
   2. confer on the Auditor-General additional functions (including functions of the nature of an efficiency audit or value-for-money audit), not inconsistent with the performance of the functions conferred by those provisions.
5. Subject to any Act of Parliament, the functions of the Auditor-General may be performed-
   1. in person; or
   2. through officers responsible to him, acting in accordance with his general or specific instructions,

   and references to the Auditor-General include references to officers so acting.