"Minister of Finance" means the Minister, by whatever
title styled, responsible for
Government finance;
"oath" includes affirmation;
"Parliament" means the Parliament of The Bahamas;
"the Police Force" means the Police Force established
in and for The Bahamas
and maintained under the provisions of the Police Act 1965(a) or any law
amending
or replacing that Act;
"prescribed" means provided by or under and Act of
Parliament;
"public office" means, subject tot he provisions of
paragraph (6) of this Article and
Article 127 of this Constitution, any office of emolument in the public service;
"public officer" means the holder of any public office
and includes any person
appointed to act in any such office;
"the public service" means, subject to the
provisions of Article 127 of this
Constitution, the service of the Crown
in a civil capacity in respect of the
Government of
The Bahamas;
"session" means, in relation to a House, the sitting of
that House commencing
when it first meets after this Constitution comes into operation or after any
general
election or prorogation of Parliament and terminating when Parliament
is
prorogue or is dissolves without having
been prorogue;
"sitting" means, in relation to a House, a period
during which that House is sitting
continuously without adjournment and includes any period during which the
House
is in committee.
( 2) For the purposes of this Constitution the territory of The
Bahamas shall comprise all the areas that were comprised therein immediately before 10th July 1973
together with such other areas as Parliament may declare to form part
thereof.
(
3) For the purposes of Articles 42, 43, 48 and 49 of this
Constitution-
(a) "government contract" means,
subject to such exception as
Parliament may prescribe, any contract made
with the Government of The
Bahamas or with a
department of that Government or with and officer of that
Government contracting as such; and
( b) a person shall be deemed to be interested in a government
contract
if-
(i) subject to such exceptions as Parliament
may prescribe, he is a
party to such a contract or a partner in a firm or director or
manager of a company
which is a party to such a contract; or
(ii) he is otherwise interested in such a
contract in such manner as
Parliament may prescribe.
( 4) In this Constitution, unless it is
otherwise provided or required by the context-
(a) any reference to the date on which this
Constitution comes into
operation shall be construed as a reference to
the appointed day referred to
in section 1(2)
of the Order in Council to which this Constitution is
scheduled;
(b) any reference to a law (which term shall,
without prejudice to the
definition in paragraph (1) of this Article,
include an Act) shall be construed as
including a
reference to a law made at any time before this Constitution
comes into operation;
( c)
any reference to
power to make appointments to any office shall be
construed as including
a reference to power to make appointments on
promotion and
transfer to that office and to power to appoint a person to act in
that office during any period during which it is
vacant or the holder thereof is
unable (whether by reason of absence or of infirmity of body or mind or any
other
cause) to perform the functions of that office;
(d) any reference to the holder of an office
by a term designating or
describing his office shall be construed as including a reference to any person
for the
time being acting in that office or, tot he extent of his authority,
otherwise authorized to perform the
functions of that office.
(5) Where by this Constitution any person is directed, or power is
conferred on any person or authority to appoint a person, to act in or otherwise to perform the
functions of an office if the holder thereof is unable to perform the
functions of that office, the validity of any performance of
those functions by the person so directed or of any appointment in
exercise of that power shall not be called in question
in any court on the ground that the holder of the office is not unable
to perform the functions of the office.
(6) For the purpose of this Constitution, a person shall not be
considered to hold a public office by reason only that he is in receipt of a pension or other like
allowance in respect of public service.
(7) References in this Constitution to the power to remove a public
officer from his office shall, subject to the provisions of this Constitution, be construed as
including references to any power conferred by any law to require or
permit that officer to retire from the
public service.
(8) Save as otherwise provided in this Constitution, any provisions
of this Constitution that vests in any person or authority power to remove any public officer (other
than a public officer mentioned in paragraph(9) of this Article) form
his office shall be without prejudice to the power of
any person or authority to abolish any office of to any law providing
for the compulsory retirement of public officers
generally or any class of public officer on attaining an age specified
therein.
(9) If any circumstances arise that, under the provisions of this
Constitution, require the Governor to remove a Justice of the Supreme Court or a Justice of Appeal or the
Commissioner of Police, the Deputy Commissioner of Police or the Auditor-General from office for inability
to discharge the functions of his office, such removal may be carried
out either by dismissing that officer or by requiring
him to retire.
(10) Where any power is conferred by this Constitution to make any
proclamation, order, rules or regulations or to give any direction, the power shall be construed as
including a power exercisable in like manner to amend or revoke any such
proclamation, order, rules, regulation or
direction.
(11) Any person appointed to an office under any provisions in this
Constitution may resign that office. Except as otherwise provided in this Constitution such
resignation shall be made in writing to the person in whom under this
Constitution the power is vested to make appointments to the
office concerned.
(12) Where two or more persons are holding the same office by
reason of an appointment made in pursuance of paragraph (4) of this Article, then-
(a) for the purposes of any function
conferred upon the holder on that
office; and
(b) for the purposes of any reference in this
Constitution to the
absence, illness or inability to perform the
functions of his office of the holder
of that office;
the person last appointed to the office
shall be deemed to be the sole holder of the office.
(13) The Interpretation Act of The Bahamas (a)
and all amendments
thereto as in force on 10th July 1973 shall apply, with the necessary adaptations, for the purpose of
interpreting this Constitution and otherwise in relation thereto as it
applies for the purpose of interpreting and in relation
to Acts of Parliament of The Bahamas.