Barbados 1966 Constitution (reviewed 2007)

CHAPTER IV. THE GOVERNOR-GENERAL

1. 1. There shall be a Governor-General of Barbados who shall be appointed by Her Majesty and shall hold office during Her Majesty’s pleasure and who shall be Her Majesty’s representative in Barbados.

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1. 1. 1. Whenever the office of Governor-General is vacant or the holder of the office is absent from Barbados or is for any other reason unable to perform the functions of his office, those functions shall be performed-
         1. by any person for the time being designated by Her Majesty in that behalf who is in Barbados and able to perform those functions; or
         2. at any time when there is no person in Barbados so designated and able to perform those functions, by the holder of the office of Chief Justice; or
         3. at any time referred to in paragraph (b) when the office of Chief Justice is vacant or the holder thereof is absent from Barbados or is for any other reason unable to perform those functions, by the President of the Senate.
      2. The holder of the office of Governor-General or any person designated under paragraph (a) or by paragraph (b) of subsection (1) shall not, for the purposes of this section, be regarded as absent from Barbados or as unable to perform the functions of the office of Governor-General at any time when there is a subsisting appointment of a deputy under section 30.

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1. 1. 1. Whenever the Governor-General-
         1. has occasion to be absent from Barbados for a period which he has reason to believe will be of short duration; or
         2. is suffering from an illness that he has reason to believe will be of short duration,

         he may, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal, appoint any person in Barbados to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor-General as may be specified in that instrument.

      2. The power and authority of the Governor-General shall not be abridged, altered or in any way affected by the appointment of a deputy under this section, and in the exercise of any function that is exercisable by the Governor-General acting in his discretion or after consultation with any person or authority a deputy shall conform to and observe any instructions that the Governor-General, acting in like manner, may address to him :Provided that the question whether or not a deputy has conformed to or observed any such instructions shall not be enquired into in any court.
      3. A person appointed as a deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed, and his appointment may be revoked at any time by the Governor-General acting in accordance with the advice of the Prime Minister.

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1. 1. 1. Parliament may prescribe the offices that are to constitute the personal staff of the Governor-General, the salaries and allowances that are to be paid to the members of the staff and the other sums that are to be paid in respect of the expenditure attaching to the office of Governor-General.
      2. Any salaries or other sums prescribed under subsection (1) are hereby charged on and shall be paid out of the Consolidated Fund.
      3. Subject to the provisions of subsection (4), power to make appointments to the offices for the time being prescribed under subsection (1) as offices that are to constitute the personal staff of the Governor-General, and to remove and to exercise disciplinary control over persons holding or acting in any such office, is hereby vested in the Governor-General acting in his discretion.
      4. The Governor-General, acting in his discretion, may appoint to any of the offices prescribed under subsection (1) such public officers as he may select from a list submitted by the Public Service Commission, but-
         1. the provisions of subsection (3) shall to an officer so appointed as respects personal staff of the Governor-General his service as a public officer; apply in relation his service on the but not as respects
         2. an officer so appointed shall not, during his continuance on the personal staff of the Governor-General, perform the functions of any public office; and
         3. an officer so appointed may at any time be appointed by the Governor-General, if the Public Service Commission so recommend, to assume or resume the functions of a public office and he shall thereupon vacate his office on the personal staff of the Governor-General, but the Governor-General may, in his discretion, decline to release the officer for that appointment.
      5. All offices prescribed under subsection (1) as offices that are to constitute the personal staff of the Governor-General shall, for the purposes of Chapter VIII, be deemed to be public offices.

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1. 1. The Governor-General shall act in accordance with the advice of the Cabinet or a Minister acting under the general authority of the Cabinet in the exercise of his functions other than-
      1. any function which is expressed (in whatever terms) to be exercisable by him on or in accordance with the recommendations or advice of, or with the concurrence of, or after consultation with, any person or authority other than the Cabinet; and
      2. any function which is expressed (in whatever terms) to be exercisable by him in his discretion.
   2. Subsection (1) shall not apply to the functions conferred upon the Governor-General by the following provisions of this Constitution, that is to say-
      1. section 66(2) (which requires the Governor-General to revoke the appointment of the Prime Minister in certain circumstances) ;
      2. the proviso to section 61(2) (which requires the Governor-General to dissolve Parliament in certain circumstances) ; and
      3. section 84(4) (which requires the Governor-General to remove a Judge from office in certain circumstances).
   3. Where the Governor-General is directed to exercise any function on the recommendation of any person or authority, he shall exercise that function in accordance with such recommendation :Provided that-
      1. before he acts in accordance therewith, he may, in his discretion, once refer that recommendation back for reconsideration by the person or authority concerned; and
      2. if that person or authority, having reconsidered the original recommendation under paragraph (a), substitutes therefor a different recommendation, the provisions of this subsection shall apply to that different recommendation as they apply to the original recommendation.
   4. Where the Governor-General is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority.
   5. Where the Governor-General is directed to exercise any function in accordance with the recommendation or advice of, or with the concurrence of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be enquired into in any court.
   6. Where the Governor-General is directed to exercise any function on the recommendations of the Prime Minister after consultation with the Leader of the Opposition, the following steps shall be taken-
      1. the Prime Minister shall first consult the Leader of the Opposition and thereafter tender his recommendation to the Governor-General;
      2. the Governor-General shall then inform the Leader of the Opposition of that recommendation and if the Leader of the Opposition concurs therein the Governor-General shall act in accordance with the recommendation ;
      3. if the Leader of the Opposition does not concur in the recommendation the Governor-General shall so inform the Prime Minister and refer the recommendation back to him;
      4. the Prime Minister shall then advise the Governor-General and the Governor-General shall act in accordance with that advice.
   7. Any reference in this Constitution to the functions of the Governor-General shall be construed as a reference to his powers and duties in the exercise of the executive authority of Barbados and to any other powers and duties conferred or imposed on him as Governor-General by or under this Constitution or any other law.
2. The Governor-General shall keep and use the Public Seal for sealing all things that shall pass the Public Seal.
3. A person appointed to the office of Governor-General or assuming the functions of that office under section 29 shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and an oath for the due execution of the office of Governor-General in the form set out in the First Schedule, such oaths being administered by the Chief Justice or such other Judge as may be designated by the Chief Justice.