Introductory BVI Governor The Executive BVI Legislature Powers and Procedure Miscellaneous The Public Service Judicial and Legal Service Teaching Service Commission Pensions BVI Finance Transitional and Miscellaneous Schedule, Oaths, Affirmation

British Virgin Islands Constitution

Miscellaneous

46. (1) Subject to the provisions of this section, the sessions of the Legislative Council shall be held at such times and places as the Governor may appoint by proclamation published in the Gazette.

(2) The first session of the Council shall commence within a period of three months after the first general election held after the commencement of this Order and thereafter there shall be a session of the Council from time to time so that a period of three months does not intervene between the last sitting in one session and the first sitting in the next session.

47. (1) The Governor, acting in accordance with the advice of the Chief Minister, may at any time, by proclamation published in the Gazette, prorogue the Legislative Council.

(2) The Governor, acting after consultation with the Chief Minister, may at any time, by proclamation published in the Gazette, dissolve the Legislative Council.

(3) The Governor shall dissolve the Legislative Council at the expiration of four years from the date when the Council first meets after any general election unless it has been sooner dissolved.

48. A general election shall be held at such time within three months after every dissolution of the Council as the Governor shall appoint by proclamation published in the Gazette.

49. (1) The High Court shall have jurisdiction to hear and determine an appeal under section 30 (4) of this Order and any question whether-

(a) any person has been validly elected as a member of the Legislative Council; or

(b) any elected member of the Council has vacated his seat therein or is required by virtue of section 30 (3) of this Order to cease to perform his functions as a member.

(2) An application to the High Court for the determination of-

(a) any question under paragraph (a) of the last foregoing subsection may be made by any person entitled to vote in the electoral district and at the election to which the application relates or by any person who was a candidate in that district at that election or by the Attorney General;

(b) any question under paragraph (b) of that subsection may be made by any person entitled to vote at an election in the electoral district for which the member concerned was returned or by any elected member of the Legislative Council or by the Attorney General,

and if such an application is made by a person other than the Attorney General, the Attorney General may intervene and may then appear or be represented in the proceedings.

(3) The Legislature may make provision with respect to-

(a) the circumstances and manner in which and the imposition of conditions upon which any application may be made to the High Court for the determination of any question under this section; and

(b) the powers, practice and procedure of the High Court in relation to any such application.

(4) An appeal shall lie as of right to the Court of Appeal from any final decision of the High Court determining such a question as is referred to in subsection (1) of this section.

(5) No appeal shall lie from any decision of the Court of Appeal in exercise of the jurisdiction conferred by the last foregoing subsection and no appeal shall lie from any decision of the High Court in proceedings under this section other than a final decision determining such a question as is referred to in subsection (1) of this section.

50. (1) Any person who sits or votes in the Legislative Council knowing or having reasonable grounds for knowing that he is not entitled so to do shall be liable to a penalty not exceeding five hundred dollars for every day upon which he so sits or votes.

(2) The said penalty shall be recoverable by action in the High Court at the suit of the Attorney General.