Constitution

Tuvalu 1986 Constitution (reviewed 2010)

Table of Contents

SCHEDULE 5. TRANSITIONAL PROVISIONS (Section 173)

1. Interpretation

In this schedule-

  • “appointed day” means the day determined pursuant to section 4 of the Ordinance for the coming into effect of this Constitution;
    “existing laws” means any Acts of the Parliament of the United Kingdom, Orders of Her Majesty in Council, Ordinances, rules, regulations, orders or other instruments having effect as part of the law of Tuvalu (whether or not they have been brought into operation) immediately before the appointed day, but does not include the Tuvalu Independence Order 1978 or the independence Constitution;

    “the Ordinance” means the Constitution of Tuvalu Ordinance 1986.

2. Existing laws

  1. Subject to this section, on and after the appointed day all existing laws shall have effect as if they had been made in pursuance of this Constitution.
  2. All existing laws shall be construed with such changes as to names, titles, offices, persons and institutions, and to such other formal and non-substantial changes, as are necessary to adapt them to the provisions of this Constitution.
  3. The Governor-General may, by order published in the Gazette, at any time before 1 January 1988, make such amendments to any existing law (other than the Ordinance) as may appear to him to be necessary or expedient for bringing that law into conformity with any provision of this Constitution.
  4. Nothing in this section shall be construed as affecting the operation of section 3 (the Constitution as supreme law) in relation to any existing law.

3. Prescribed matters

Where any matter that falls to be prescribed or otherwise provided for under this Constitution by or under an Act of Parliament is prescribed or otherwise provided for by or under an existing law (including any amendment to any such law made pursuant to section 2 (existing laws) of this Schedule) that prescription or provision shall, as from the appointed day, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with this Constitution) as if it had been made by or under an Act of Parliament.

4. The Governor-General

  1. The person who immediately before the appointed day holds office as Governor-General under the Independence Constitution shall, as from that day, hold office as Governor-General as if he had been appointed thereto under section 55 (appointment, etc., of the Governor-General).
  2. The person who holds office as Governor-General by virtue of subsection (1) shall be deemed to have complied with section 57 (oaths and affirmations by the Governor-General).
  3. For the purpose of calculating the period of four years referred to in subsection (3)(f) of section 55 (appointment, etc., of the Governor-General) in relation to the person who holds office as Governor-General by virtue of subsection (1), that period shall be deemed to have commenced on the appointed day, but without prejudice to the operation of any of the other provisions of subsection (3) of that section.
  4. Subsection (3)(c) of section 55 (appointment etc., of the Governor-General) shall not apply in relation to the person who holds office as Governor-General by virtue of subsection (1).

5. Ministers

  1. Any person who immediately before the appointed day holds office as Prime Minister or any other Minister under the Independence Constitution shall, as from that date, hold office as Prime Minister or other Minister, as the case may be, as if he had-
    1. in the case of the Prime Minister, been elected thereto under section 63 (the Prime Minister); or
    2. in the case of any other Minister, been appointed thereto under section 67 (the other Ministers).
  2. Any person holding office as Prime Minister or other Minister by virtue of subsection (1) who before the appointed day was assigned, and immediately before that date held, responsibility for any business of the Government shall be deemed to have been assigned responsibility for that business under section 75 (assignment of responsibilities to Ministers).

6. Parliament

  1. Unless and until the number of members of Parliament is fixed pursuant to section 82 (composition of Parliament) by or under an Act of Parliament, the number of members is 12.
  2. Any person who immediately before the appointed day is a member of the former Parliament shall on that day become a member of Parliament and shall be deemed to have complied with the requirements of section 112 (oath and affirmation of members of Parliament) and shall hold his seat in Parliament in accordance with the provisions of the Constitution.
  3. The person who immediately before the appointed day holds the office of Speaker of the former Parliament shall on that day become Speaker of Parliament and shall hold office as such in accordance with the provisions of this Constitution.
  4. The rules of procedure of the former Parliament as in force immediately before the appointed day shall, except as may be otherwise provided under section 108 (rules of procedure) have effect after that day as if they had been made under that section but shall be construed with such modifications, adaptions, qualifications and exceptions as may be necessary to bring them into conformity with this Constitution.
  5. For the purpose of the first determination after the appointed day of the period of four years referred to in section 118(1) (which relates to the automatic dissolution of Parliament), that period shall be deemed to have commenced after the date of the first sitting of the former Parliament after the last general election preceding the appointed day.
  6. Any Bill which, before the appointed day, was before the former Parliament-
    1. shall not lapse; and
    2. shall on and after the appointed day, be treated as a Bill for an Act before Parliament; and
    3. may be proceeded with accordingly-
      1. any stage of the Bill completed before the former Parliament being treated as having been completed before Parliament; and
      2. any stage of the Bill commenced before the former Parliament being continued before Parliament.
  7. Any business commenced before the former Parliament may, on and after the appointed day, be continued before Parliament.
  8. In this section, “the former Parliament” means the Parliament of Tuvalu established by the Independence Constitution.

7. Public Officers

  1. Every person who immediately before the appointed day holds or is acting in a public office shall, as from that day, hold or act in that office or the corresponding office established by this Constitution as if he had been appointed to do so in accordance with the provisions of this Constitution and shall be deemed to have taken any oaths required upon such appointment by any existing law.
  2. Any person who holds office by virtue of subsection (1) and who would, under the Independence Constitution or any existing law, have been required to vacate office at the expiration of any period or on the attainment of any age shall vacate his office under this Constitution upon the expiration of that period or upon the attainment of that age.
  3. The provisions of this section shall be without prejudice to any power conferred by or under this Constitution upon any person or authority to make provision for the abolition of offices and for the removal from office of persons holding or acting in any office.
  4. In this section, “public office” shall be construed as including the office of member (including Chairman) of the Public Service Commission established by the Independence Constitution.

8. Legal Proceedings

  1. All proceedings commenced or pending before the appointed day before the High Court or the Court of Appeal established by the Independence Constitution may continue on and after that day before the High Court or the Court of Appeal, as the case may be, established by this Constitution.
  2. Any decision given before the appointed day by the High Court or the Court of Appeal established by the Independence Constitution shall for the purposes of the enforcement or, in the case of a decision given by the High Court, for the purpose of any appeal therefrom, have effect on and after that day as if it were a decision of the High Court or the Court of Appeal, as the case may be, established by this Constitution.

9. Financial

  1. In this section, “the relevant financial year” means the financial year ending on 31 December 1986.
  2. Section 165 (Parliamentary responsibility for finance) shall not apply, and the following provisions shall apply in relation to the relevant financial yearA.

    1. The Minister responsible for Finance shall cause to be prepared and laid before Parliament before or not later than 60 days after the commencement of the relevant financial year estimates of the revenues and expenditure of the Government for that year.

    2. The heads of expenditure contained in the estimates (other than statutory expenditure) shall be included in a Bill to be known as an Appropriation Bill which shall be introduced into Parliament to provide for the issue from the Consolidated Fund of the sums necessary to supply those heads and the appropriation of those sums for the purposes specified therein.

    3. If in respect of the relevant financial year it is found that the sum appropriated by the Appropriation Act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no sum has been appropriated by that law, a supplementary estimate showing the sum required shall be included in a Supplementary Bill for appropriation.

    4. Where in respect of the relevant financial year the Minister responsible for Finance is satisfied that an urgent and unforeseen need has arisen to authorise for any purpose advances from the Consolidated Fund for expenditure in excess of the sum appropriated for that purpose by an Appropriation Act, or for a purpose for which no sum has been so appropriated, he may, subject to the provisions of any law for the time being in force in that regard, authorise such advances by warrant and shall include such amount in a Supplementary Appropriation Bill for appropriation at the meeting of Parliament next following the date on which the warrant was issued.

    5. If at the close of account for the relevant financial year it is found that any moneys have been expended on any head in excess of the sums appropriated for that head by an Appropriation Act or for a purpose for which no money has been appropriated, the excess or the sum expended but not appropriated, as the case maybe, shall be included in a statement of heads in excess which shall be presented to Parliament.

    B.

    If the Appropriation Act in respect of the relevant financial year has not come into operation at the beginning of that financial year, Parliament by resolution may empower the Minister responsible for Finance to authorise the issue of moneys from the Consolidated Fund for the purpose of meeting expenditure necessary to carry on the state services at a level not exceeding the level of the public services in the previous financial year, until the expiration of 4 months from the beginning of the relevant financial year or the coming into operation of the Appropriation Act, whichever is the earlier.

    C.

    1. No money shall be issued from the Consolidated Fund except upon the authority of a warrant under the hand of the Minister responsible for Finance.

    2. No warrant shall be issued by the Minister responsible for Finance for the purpose of meeting any expenditure unless-

    a. the expenditure has been authorised for the relevant financial year by an Appropriation Act; or

    b. the expenditure has been authorised in accordance with the provisions of paragraph A(4), B or C; or

    c. it is statutory expenditure in which event, it shall not be voted on by Parliament but, without further authority of Parliament, shall be paid out of the Consolidated Fund and a warrant may issue for that purpose.

    3. Any-

    a. estimates laid before Parliament; or

    b. Appropriation Ordinance enacted; or

    c. resolution passed by Parliament; or

    d. other thing done,

    before the appointed day, pursuant to the Independence Constitution and in respect of the relevant financial year, shall have effect after that day as if laid or, as the case may be, enacted, passed or done pursuant to this section in respect of the relevant financial year; and the reference in this section to an “Appropriation Act” shall be deemed to include a reference to any Ordinance so enacted.