Constitution of Antigua and Barbuda
1
- Jurisdiction
- Antigua and Barbuda
- Provision
- 1
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source1. Every Senator shall vacate his seat in the Senate-
a. at the next dissolution of Parliament after he has been appointed;
b. if he is with his consent nominated as a candidate for election to the House;
c. if he ceases to be a citizen;
d. if he is absent from the sittings of the Senate for such period or periods and in such circumstances as may be prescribed by the rules of procedure of the Senate;
e. subject to the provisions of subsection (2) of this section, if any circumstances arise that, if he were not a Senator, would cause him to be disqualified for appointment as such by virtue of subsection (1) of section 30 of this Constitution or of any law enacted in pursuance of subsection (2) of that section;
f. if the Governor-General, acting in accordance with the advice of Prime Minister in the case of a Senator appointed in accordance with that advice, or in accordance with the advice of the Leader of the Opposition in the case of a Senator appointed in accordance with that advice, or in accordance with the advice of the Barbuda Council in the case of a Senator appointed in accordance with that advice, or in his discretion in the case of a Senator appointed by him in his discretion, declares the seat of that Senator to be vacant;
g. if, having been appointed under the provisions of section 28(6) of this Constitution, he ceases to be an inhabitant of Barbuda.
2.
a. If circumstances such as are referred to in subsection (1) (e) of this section arise because a Senator is convicted of a felony or of any other offence involving dishonesty, sentenced to death or imprisonment, adjudged to be of unsound mind, or declared bankrupt or is convicted of any offence relating to elections in circumstances that disqualify him for election to the House, and if it is open to the Senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a Senator but, subject to the provisions of this subsection, he shall not vacate his seat until the expiration of thirty days thereinafter:
Provided that the President may, at the request of the Senator, from time to time extend that period for further periods of thirty days to enable the Senator to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the Senate.
b. If on the determination of an appeal, such circumstances continue to exist and no further appeal is open to the Senator, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to
appeal or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.
c. If at any time before the Senator vacates his seat such circumstances as aforesaid cease to exist his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a Senator.
APPOINTMENT OF TEMPORARY SENATORS.
32.-
Source record
Source and verification
Constitution of Antigua and Barbuda · wipo.int · Retrieved 18 August 2026.
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