PARLIAMENT (MEMBERSHIP QUESTIONS) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Reference of questions about appointment to Senate or vacancy in either House

   4   Form, contents and lodgment of petitions

   5   Parties to a petition

   6   Security for costs

   7   Service of petition and notice

   8   Objections to security

   9   Petition at issue

   10   Consolidation or trial together of several petitions

   11   Trial of petition

   12   Witnesses

   13   Withdrawal and abatement of petition

   14   Costs

   15   Powers of the Court

   16   Service of notices and other documents

   17   Conclusion of trial of petition

   18   Appeal

   19   Application of rules of Court

   20   Questions to which this Act relates arising in other proceedings

 

PARLIAMENT (MEMBERSHIP QUESTIONS) ACT

[Date of Commencement: 27th June, 1966]

Act 8 of 1963.

1   Short title

   This Act may be cited as the Parliament (Membership Questions) Act.

2   Interpretation

   In this Act-

   "Clerk" means the Clerk of a House;

   "costs" includes fees, charges and expenses;

   "Court" means the Supreme Court;

   "House" means the Senate or the House of Representatives as the context may require;

   "member" means a member of a House;

   "member concerned" means the member in relation to whom a petition is presented;

   "petition" means a petition authorised by this Act;

   "prescribed" means prescribed by rules of Court.

3   Reference of questions about appointment to Senate or vacancy in either House

   (1) Any question whether-

   (a)   a person has been validly appointed as a member of the Senate; or

   (b)   a member of either House-

         (i)   has vacated his seat therein; or

         (ii)   is required under subsection (3) or (4) of section 41 of the Constitution of Jamaica to cease to exercise any of his functions as such member, shall be referred to and determined by the Court in accordance with the provisions of this Act.

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