1. (1) In this Constitution
unless it is otherwise provided or the context otherwise
requires-
"Act of Parliament"
means any law made by Parliament,
"the appointed
day" means the sixth day of August, 1962;
"the Broad Seal"
means the Broad Seal of Jamaica;
"the Cabinet"
means the Cabinet established by section 69 of this
Constitution;
"the Clerk"
and "the Deputy Clerk" mean respectively
the Clerk and the Deputy Clerk of either House,
as the context may require;
"the Commonwealth"
means Jamaica, any country to which section 9 of
this Constitution applies and any dependency of
any such country;
"the Consolidated
Fund" means the Consolidated Fund established
by section 114 of this Constitution;
"constituency"
means an area of Jamaica having separate representation
in the House of Representatives;
"defence force"
means any naval, military or air force of the Crown
in right of the Government of Jamaica;
"the financial
year" means the twelve months ending on the
31st day of March in any year or on such other date
as may from time to time be prescribed by Act of
Parliament;
"the Gazette"
means the Jamaica Gazette;
"House"
means either the Senate or the House of Representatives
as the context may require;
"Jamaica"
has the meaning attributed to that expression in
the Jamaica Independence Act, 1962;
"law" includes
any instrument having the force of law and any unwritten
rule of law and "lawful" and "lawfully"
shall be construed accordingly;
"oath of allegiance"
means the oath of allegiance set out in the First
Schedule to this Constitution;
"Parliament"
means the Parliament of Jamaica;
"police officer"
means a member of the Jamaica Constabulary Force
or any force, by whatever name called, for the time
being succeeding to the functions of the Jamaica
Constabulary Force;
"the President"
and "the Deputy President" mean respectively
the President and the Deputy President of the Senate
elected under section 42 of this Constitution;
"Privy Council"
means the Privy Council established by section 82
of this Constitution;
"public office"
means any office of emolument in the public service;
"public officer"
means the holder of any public office and includes
any person appointed to act in any such office;
"the public
service" means, subject to the provisions of
subsections (5) and (6) of this section, the service
of the Crown in a civil capacity in respect of the
Government of Jamaica (including service as a member
of the Judicial Service Commission, the Public Service
Commission or the Police Service Commission) and
includes public service in respect of the former
Colony of Jamaica;
"session"
means, in relation to a House, the sittings of that
House commencing when it first meets after this
Constitution comes into force or after the prorogation
or dissolution of Parliament at any time and terminating
when Parliament is prorogued or is dissolved without
having been prorogued;
"sitting"
means, in relation to a House, a period during which
that House is sitting continuously without adjournment
and includes any period during which the House is
in committee;
"the Speaker"
and "the Deputy Speaker" mean respectively
the Speaker and Deputy Speaker elected under section
43 of this Constitution.
(2) Save where this
Constitution otherwise provides or the context otherwise
requires-
(a) any reference
in this Constitution to an appointment to any office
shall be construed as including a reference to an
appointment on promotion or transfer to that office
and to the appointment of a person to perform the
functions of that office during any period during
which it is vacant or during which the holder thereof
is unable (whether by reason of absence or infirmity
of body or mind or any other cause) to perform those
functions; and
(b) any reference
in this Constitution to the holder of an office
by the term designating his office shall be construed
as including a reference to any person for the time
being lawfully performing the functions of that
office.
(3) Where by this
Constitution power is conferred on any person or
authority to appoint a person to perform the functions
of any office if the holder thereof is unable himself
to perform its functions, any such appointment shall
not be called in question on the ground that the
holder of that office was not unable to perform
those functions.
(4) For the purposes
of this Constitution a person shall not be considered
as holding a public office by reason only of the
fact that he is in receipt of a pension or other
like allowance in respect of public service.
(5) If it is provided
by any law for the time being in force that an office
(not being an office constituted by this Constitution)
shall not be a public office for the purposes of
Chapter V of this Constitution, this Constitution
shall have effect accordingly as if that provision
of that law were enacted herein.
(6) In this Constitution
"the public service" does not include
service in the office of GovernorGeneral, President,
Deputy President, Speaker, Deputy Speaker, Minister,
Parliamentary Secretary, Leader of the Opposition,
Senator, member of the House of Representatives,
member of the Privy Council, Judge of the Supreme
Court or Judge of the Court of Appeal or Clerk or
Deputy Clerk of either House or service on the personal
staff of the Governor-General or, subject to the
provisions of section 79 of this Constitution, service
in the office of AttorneyGeneral.
(7) References in
this Constitution to the power to remove a public
officer from his office shall be construed as including
references to any power conferred by any law to
require or permit that officer to retire from the
public service:
Provided that-
(a) nothing in this
subsection shall be construed as conferring on any
person or authority power to require a Judge of
the Supreme Court or Court of Appeal or the Director
of Public Prosecutions or the AuditorGeneral to
retire from the public service; and
(b) any power conferred
by any law to permit a person to retire from the
public service shall, in the case of any public
officer who may be removed from office by some person
or authority other than a Commission established
by this Constitution, vest in the Public Service
Commission.
(8) Where any power
is conferred by this Constitution to make any Proclamation
or order or to give any directions, the power shall
be construed as including a power exercisable in
like manner to amend or revoke any such Proclamation,
order or directions.
(9) No provision
of this Constitution that any person or authority
shall not be subject to the direction or control
of any other person or authority in exercising any
functions under this Constitution shall be construed
as precluding a court from exercising jurisdiction
in relation to any question whether that person
or authority has performed those functions in accordance
with this Constitution or any other law.
(10) Any reference
in this Constitution to a law enacted before the
commencement of this Constitution shall, unless
the context otherwise requires, be construed as
a reference to that law as in force immediately
before the appointed day.
(11) Where a person
is required by this Constitution to make an oath
he shall be permitted, if he so desires, to comply
with that requirement by making an affirmation.
(12) The Interpretation
Act, 1889 as in force on the appointed day, shall
apply, with the necessary adaptations, for the purpose
of interpreting this Constitution and otherwise
in relation thereto as it applies for the purpose
of interpreting, and in relation to, Acts of Parliament
of the United Kingdom.
