Constitutional Matters I - Constitution of Brunei Darussalam · Revised Edition · Part 6
31. Tenure of office and vacation of seats
Official textFrom Attorney General's Chambers, unchanged
Every Member of the Legislative Council shall hold his seat therein during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
Legislative Council
“Legislative Council” means the Legislative Council established by Article 23;
Every Member of the Legislative Council shall cease to be a
Member when that Council is dissolved after he has been appointed or if his seat shall become vacant under this Constitution.
Constitution of Brunei Darussalam
The seat of a Member shall become vacant —
if he shall be appointed as a Regent;
if he shall, by writing under his hand addressed to the Clerk of the Legislative Council, resign his seat in the Legislative Council;
if he, except in the case of an ex-officio Member, shall be absent from 2 consecutive meetings of the Legislative Council without having obtained from the Speaker, before the termination of either of such meetings, permission to be or to remain absent therefrom; or
repealed;
repealed;
if any circumstances arise which, if he were not a Member of the Legislative Council, would cause him to be disqualified under
Article 30.
His Majesty the Sultan and Yang Di-Pertuan or the Legislative
His Majesty the Sultan and Yang Di-Pertuan
“His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means — (a) a Sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the Sultan and Yang Di-Pertuan, irrespective of whether a declaration has been made and confirmed under section 12 of the Succession and Regency Proclamation, 1959 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions; (b) his lawful Successor listed in, referred to or comtemplated by subsections (2), (3) and (4) of section 3 of Constitution of Brunei Darussalam 14 CONST. I the Succession and Regency Proclamation, 1959 or a Regent or a Council of Regency appointed by virtue of or under section 11, 12, 13 or 17 of the Succession and Regency Proclamation, 1959 for the time being exercising State functions, in relation to any permitted or authorised act; and (c) to the extent to which a Deputy to His Majesty the Sultan and Yang Di-Pertuan is permitted or authorised to act by His Majesty the Sultan and Yang Di-Pertuan, that Deputy in relation to that permitted or authorised act;
Council may, for such reason as may appear to His Majesty the Sultan and
His Majesty
“His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means — (a) a Sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the Sultan and Yang Di-Pertuan, irrespective of whether a declaration has been made and confirmed under section 12 of the Succession and Regency Proclamation, 1959 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions; (b) his lawful Successor listed in, referred to or comtemplated by subsections (2), (3) and (4) of section 3 of Constitution of Brunei Darussalam 14 CONST. I the Succession and Regency Proclamation, 1959 or a Regent or a Council of Regency appointed by virtue of or under section 11, 12, 13 or 17 of the Succession and Regency Proclamation, 1959 for the time being exercising State functions, in relation to any permitted or authorised act; and (c) to the extent to which a Deputy to His Majesty the Sultan and Yang Di-Pertuan is permitted or authorised to act by His Majesty the Sultan and Yang Di-Pertuan, that Deputy in relation to that permitted or authorised act;
Yang Di-Pertuan or that Council to be good and sufficient, declare any
Member of that Council to be incapable of discharging his functions as a
Member of that Council, and thereupon, such Member shall not sit in or take part in the proceedings of that Council until he is declared by His Majesty the
Sultan and Yang Di-Pertuan or that Council to be again capable of discharging his functions:
Provided that where the Member is declared by His Majesty the Sultan and Yang Di-Pertuan to be incapable of discharging his functions, the
Legislative Council shall not have the power to declare such Member to be again capable of discharging his functions without the prior approval of
His Majesty the Sultan and Yang Di-Pertuan.
His Majesty the Sultan and Yang Di-Pertuan or the Legislative
Council may, for such reason as may appear to His Majesty the Sultan and
Yang Di-Pertuan or that Council to be good and sufficient, suspend any
Member, from the exercise of his functions and his rights and privileges, as a
Member of that Council, and thereupon, such Member shall not sit in or take part in the proceedings of that Council until the suspension is ended by
His Majesty the Sultan and Yang Di-Pertuan or that Council:
Constitution of Brunei Darussalam 32
Provided that where the Member is suspended by His Majesty the Sultan and Yang Di-Pertuan, the Legislative Council shall not have the power to end the suspension of such Member without the prior approval of
His Majesty the Sultan and Yang Di-Pertuan.
Any person vacating his seat as a Member of the Legislative
Council may, if qualified, be again appointed as, or elected to be, a Member.
Repealed.
Repealed.
Terms defined in art 2
His Majesty the Sultan and Yang Di-Pertuan
Defined · art 2“His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means — (a) a Sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the Sultan and Yang Di-Pertuan, irrespective of whether a declaration has been made and confirmed under section 12 of the Succession and Regency Proclamation, 1959 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions; (b) his lawful Successor listed in, referred to or comtemplated by subsections (2), (3) and (4) of section 3 of Constitution of Brunei Darussalam 14 CONST. I the Succession and Regency Proclamation, 1959 or a Regent or a Council of Regency appointed by virtue of or under section 11, 12, 13 or 17 of the Succession and Regency Proclamation, 1959 for the time being exercising State functions, in relation to any permitted or authorised act; and (c) to the extent to which a Deputy to His Majesty the Sultan and Yang Di-Pertuan is permitted or authorised to act by His Majesty the Sultan and Yang Di-Pertuan, that Deputy in relation to that permitted or authorised act;
Legislative Council
Defined · art 2“Legislative Council” means the Legislative Council established by Article 23;
Regent
Defined · art 2“Regent” means a Regent duly appointed under or referred to in the Succession and Regency Proclamation, 1959;
Speaker
Defined · art 2“Speaker” means the Speaker of the Legislative Council appointed under Clause (1) of Article 37 and includes any person appointed to be his Deputy;