Constitutional Matters I - Constitution of Brunei Darussalam · Revised Edition · Part 7
47. Reserved powers
Official textFrom Attorney General's Chambers, unchanged
If His Majesty the Sultan and Yang Di-Pertuan shall consider that it is expedient in the interests of public order, good faith or good government of Brunei Darussalam, or for any other reason whatsoever, that any Bill introduced, or any motion, petition or business proposed in the
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;
Legislative Council shall have effect, then, if that Council shall fail to pass that Bill or carry that motion, petition or business within such time and in such form or manner as His Majesty the Sultan and Yang Di-Pertuan may think reasonable and expedient, His Majesty the Sultan and Yang Di-Pertuan may, at any time, notwithstanding any provision of this Constitution or the
Legislative Council
“Legislative Council” means the Legislative Council established by Article 23;
Standing Orders, declare that that Bill or motion, petition or business shall have effect as if it had been passed or carried by that Council either in the form in which it was so introduced or proposed or with such amendments as
Standing Orders
“Standing Orders” means the Standing Orders of the Legislative Council made pursuant to Article 48;
His Majesty the Sultan and Yang Di-Pertuan shall think fit which have been moved or proposed in that Council or in any committee thereof; and the Bill or motion or petition shall be deemed thereupon to have been so passed or carried; and the provisions of this Constitution, and, in particular, the provisions of Article 45, relating to assent to Bills shall have effect accordingly.
Constitution of Brunei Darussalam 40
Any such declaration made by His Majesty the Sultan and Yang
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;
Di-Pertuan under Clause (1) together with the Bill, motion, petition or business so deemed to have been passed or carried shall be notified in the
Gazette by the Speaker.
Speaker
“Speaker” means the Speaker of the Legislative Council appointed under Clause (1) of Article 37 and includes any person appointed to be his Deputy;
Any such declaration, other than a declaration relating to a Bill, may be revoked by His Majesty the Sultan and Yang Di-Pertuan; and the
Speaker shall notify such revocation in the Gazette; and from the date of such notification, any motion, petition or business which shall be deemed to have been carried by virtue of the declaration revoked shall cease to have effect; and such cessation shall have the same effect as the repeal of a written law.
written law
“written law” includes all Acts, Orders, Proclamations and subsidiary legislation, or any part thereof, but does not include any Act of Parliament of the United Kingdom or any Order of Her Britannic Majesty in Council or any Law which no authority in Brunei Darussalam is empowered to amend; Constitution of Brunei Darussalam
Terms defined in art 2
Government
Defined · art 2“Government” means the Government of His Majesty the Sultan and Yang Di-Pertuan;
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;
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;
Standing Orders
Defined · art 2“Standing Orders” means the Standing Orders of the Legislative Council made pursuant to Article 48;
written law
Defined · art 2“written law” includes all Acts, Orders, Proclamations and subsidiary legislation, or any part thereof, but does not include any Act of Parliament of the United Kingdom or any Order of Her Britannic Majesty in Council or any Law which no authority in Brunei Darussalam is empowered to amend; Constitution of Brunei Darussalam