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 member of the House shall vacate his, seat in the House-
a. at the next dissolution of Parliament after he has been elected;
b. if he ceases to be a citizen;
c. if he is absent from the sittings of the House for such period or periods and in such circumstances as may be prescribed in the rules of procedure of the House;
d. subject to the provisions of subsection (2) of this section, if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified from election as such by virtue of section 39(1) of this Constitution; or
e. if, having been elected to the House by virtue of being a member of a political party, he resigns his party whip and withdraws his allegiance from that party:
Provided that he shall not be required to vacate his seat so long as he remains an independent member of the House.
f. If circumstances such as are referred to in subsection (1) (d) of this section arise because a member of the House 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 member 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 member of the House but, subject to the provision of this section, he shall not vacate his seat until the expiration of a period of thirty days thereafter:
Provided that the Speaker may, at the request of the member from time to time, extend that period for further periods of thirty days to enable the member 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 House.
g. If on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal to leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.
h. If at any time before the member of the House 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 member of the House.
Source record
Source and verification
Constitution of Antigua and Barbuda · wipo.int · Retrieved 18 August 2026.
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