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Section 1. Short title 2. Interpretation 3. Amendment of section 16 4. Amendment of section 18 5. Amendment of section 41 6. Amendment of section 73 7. Amendment of section 106 8. Substitution of section 108 9. Insertion of new section 108A 10. Amendment of section 124 20 No. 2] Constitution of Saint Lucia (Amendment) Act [2023 21 No. 2] Constitution of Saint Lucia (Amendment) Act [2023 I Assent [L.S.] ERROL CHARLES, Acting Governor-General. March 8, 2023. SAINT LUCIA ___________ No. 2 of 2023 AN ACT to amend the Constitution of Saint Lucia, Cap. 1.01. WHEREAS under section 41(1) of the Constitution of Saint Lucia, Cap. 1.01 Parliament may alter any of the provisions of the Constitution; AND WHEREAS under section 41(2) of the Constitution of Saint Lucia, Cap. 1.01 a Bill to alter section 41, Schedule 1 to the Constitution or any of the provisions of the Constitution specified in Part I of that Schedule shall not be regarded as being passed by the House unless on its final reading in the House the Bill is supported by the votes of not less than 3/4 of all the members of the House; AND WHEREAS the provisions of the Constitution of Saint Lucia, Cap. 1.01 are being altered by this Act. [ 9th March, 2023 ] BE IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the House of Assembly and the Senate of Saint Lucia, and by the authority of the same, as follows: 22 No. 2] Constitution of Saint Lucia (Amendment) Act [2023 Short title 1. This Act may be cited as the Constitution of Saint Lucia (Amendment) Act, 2023. Interpretation 2. In this Act, “principal Act” means the Constitution of Saint Lucia, Cap. 1.01. Amendment of section 16 3. Section 16(4) of the principal Act is amended by deleting the words “Her Majesty in Council” and substituting the words “Caribbean Court of Justice”. Amendment of section 18 4. Section 18(1) of the principal Act is amended by deleting the words “Her Majesty in Council” and substituting the words “Caribbean Court of Justice” where the words appear in the definition of the word “court”. Amendment of section 41 5. Section 41(7) of the principal Act is amended by deleting paragraph (a) and substituting the following — “(a) section 108 in order to give effect to the Agreement concerning appeals from a court having jurisdiction in Saint Lucia to the Caribbean Court of Justice;”. Amendment of section 73 6. Section 73(5) of the principal Act is amended by deleting the words “Her Majesty in Council” and substituting the words “Caribbean Court of Justice”. Amendment of section 106 7. Section 106 of the principal Act is amended by deleting the words “Her Majesty in Council” and substituting the words “Caribbean Court of Justice”. 23 No. 2] Constitution of Saint Lucia (Amendment) Act [2023 Substitution of section 108 8. The principal Act is amended by deleting section 108 and substituting the following — “Appeals to the Caribbean Court of Justice 108.—(1) An appeal shall lie as of right from the decisions of the Court of Appeal to the Caribbean Court of Justice in the following cases — (a) final decisions in civil proceedings where — (i) the matter in dispute on appeal to the Caribbean Court of Justice is of the prescribed value or upwards, or (ii) the appeal involves directly or indirectly a claim to or a question respecting property or a right of the prescribed value or upwards; (b) final decisions in proceedings for dissolution or nullity of marriage; (c) final decisions in civil or criminal proceedings which involve a question as to the interpretation of this Constitution; (d) final decisions given in the exercise of the jurisdiction conferred on the High Court relating to redress for contravention of the provisions of this Constitution for the protection of fundamental rights; (e) final decisions given in the exercise of the jurisdiction conferred on the High Court relating to the determination of any question for which a right of access to the High Court is expressly provided by this Constitution; and (f) such other cases as may be prescribed by Parliament. (2) An appeal shall lie from the decisions of the Court of Appeal to the Caribbean Court of Justice with the leave of the Court of Appeal — 24 No. 2] Constitution of Saint Lucia (Amendment) Act [2023 (a) in respect of decisions in civil proceedings where in the opinion of the Court of Appeal, the question involved in the appeal is one that by reason of its great general or public importance or otherwise, ought to be submitted to the Caribbean Court of Justice; and (b) such other cases as may be prescribed by Parliament. (3) An appeal shall lie to the Caribbean Court of Justice with the special leave of the Caribbean Court of Justice from a decision of the Court of Appeal from a civil or criminal matter. (4) A reference in this section to decisions of the Court of Appeal — (a) is construed as references to decisions of the Court of Appeal in exercise of the jurisdiction conferred by this Constitution or any other law for the time being in force in Saint Lucia; (b) does not include a reference to decisions in exercise of the jurisdiction conferred under section 108(2) of this Constitution. (5) In this section, “prescribed value” means the value of twenty- five thousand dollars or such value as may be prescribed by Parliament. (6) This section is subject to section 39(8) of this Constitution.”. Insertion of new section 108A 9. The principal Act is amended by inserting immediately after