108

section 108 the following new section 108A — “Abolition of appeals to Her Majesty in Council 108A.—(1) An appeal shall not be brought from or in respect of a decision of the Court of Appeal to Her Majesty in Council — (a) as of right; (b) by leave of a court; (c) by special leave of Her Majesty in Council or otherwise. 25 No. 2] Constitution of Saint Lucia (Amendment) Act [2023 (2) Nothing in this section shall be construed as conferring jurisdiction on the Caribbean Court of Justice to hear and determine matters in relation to a decision of the Court of Appeal which at the date of abolition of appeals to Her Majesty in Council was, pursuant to this Constitution or any law, declared to be final. (3) Where in any other written law provision is made for an appeal to Her Majesty in Council that provision shall, after the abolition of appeals to Her Majesty in Council, be construed as a reference to an appeal to the Caribbean Court of Justice. (4) Subject to subsection (5), this section does not affect proceedings pending before Her Majesty in Council immediately before the abolition of appeals to Her Majesty in Council. (5) An appeal pending before Her Majesty in Council at the date of abolition of appeals to Her Majesty in Council may be transferred to the Caribbean Court of Justice with the consent of all parties. (6) Proceedings are deemed to be pending where — (a) an appeal to Her Majesty in Council has been instituted before the abolition of appeals to Her Majesty in Council; (b) leave to appeal or special leave to appeal to Her Majesty in Council has been granted or applied for before the abolition of appeals to Her Majesty in Council. (7) A judgement of Her Majesty in Council which at the abolition of appeals to Her Majesty in Council has been given and not satisfied may be enforced after the date of the abolition of appeals to Her Majesty in Council as if the judgement had been a judgement of the Caribbean Court of Justice.”. Amendment of section 124 10. Section 124 of the principal Act is amended by inserting in the proper alphabetical sequence the following new definitions — “ “Agreement” means the Agreement Establishing the Caribbean Court of Justice; 26 No. 2] Constitution of Saint Lucia (Amendment) Act [2023 “Caribbean Court of Justice” means the Caribbean Court of Justice under the Agreement;”. Passed in the House of Assembly this 28th day of February, 2023. CLAUDIUS J. FRANCIS, Speaker of the House of Assembly. Passed in the Senate this 2nd day of March, 2023. ALVINA REYNOLDS, President of the Senate. SAINT LUCIA PRINTED BY THE NATIONAL PRINTING CORPORATION CASTRIES 2023 [ Price : $4.00 ]