Constitutional Matters I - Constitution of Brunei Darussalam · Revised Edition · Part 4
6. Functions of Privy Council
Official textFrom Attorney General's Chambers, unchanged
The Privy Council —
Privy Council
“Privy Council” means the Privy Council established by Clause (1) of Article 5;
shall advise His Majesty the Sultan and Yang Di-Pertuan on any amendment, addition or revocation of any provision of this
Constitution, in accordance with Article 85;
shall, subject to any written law, advise His Majesty the
Sultan and Yang Di-Pertuan on the appointment of persons to Malay customary ranks, titles, honours and dignities and the designation of the functions appertaining thereto; and
*(c)
shall perform such other functions as may be conferred on it by the Succession and Regency Proclamation, 1959, any other written law or by His Majesty the Sultan and Yang Di-Pertuan.
*As at the time of this Reprint, His Majesty the Sultan and Yang Di-Pertuan has, pursuant to the Constitution of Brunei Darussalam (Suspension)
Order, 2006 (S 15/2006), conferred on the Privy Council the function to advise His Majesty in connection with the exercise of His Majesty’s powers under Clause (1) of Article 9 of the Constitution of Brunei Darussalam.
Save for His Majesty the Sultan and Yang Di-Pertuan, the lawful
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;
Successor declared under subsection (2) of section 3 of the Succession and
Regency Proclamation, 1959, the Deputy Sultan and the Regent, any
Deputy Sultan
“Deputy Sultan” means the person appointed by His Majesty the Sultan and Yang Di-Pertuan under section 17 of the Succession and Regency Proclamation, 1959;
Member of the Privy Council who is a person of the blood of the Sultans of
Brunei Darussalam shall not attend or in any way participate in any meeting or part of the meeting dealing with any issue or matter involving, arising from, relating to, or in connection with, succession or of the provisions of any written law or custom relating to succession including, but not limited to, any matter relating to the receipt of the declarations referred to in subsection
meeting
“meeting”, in relation to the Legislative Council, means all sittings of that Council held during a period beginning when that Council first meets after being summoned at any time and ending when that Council is next thereafter either adjourned sine die or prorogued or dissolved without having been prorogued;
of section 12 of the Succession and Regency Proclamation, 1959, and the appointment of the Council of Regency under the Succession and Regency
Council of Regency
“Council of Regency” means the Council of Regency appointed under the Succession and Regency Proclamation, 1959;
Proclamation, 1959.
Minutes shall be kept of all proceedings of the Privy Council.
His Majesty the Sultan and Yang Di-Pertuan shall appoint some fit and proper person to be the Clerk to the Privy Council, and such person shall, before entering upon the duties of his office, take and subscribe before
Clerk to the Privy Council
“Clerk to the Privy Council” includes any person appointed by His Majesty the Sultan and Yang Di-Pertuan to be Deputy Clerk to that Council;
His Majesty the Sultan and Yang Di-Pertuan or the senior male Regent, as the case may be, an oath in the form set out as Form 2 in Schedule 1.
Regent
“Regent” means a Regent duly appointed under or referred to in the Succession and Regency Proclamation, 1959;
Constitution of Brunei Darussalam 22
Subject to any written law, the exercise of any power conferred on, or the doing of any act or thing by, the Privy Council may be signified under the hand of the Clerk to the Privy Council.
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
His Majesty the Sultan and Yang Di-Pertuan is not bound to act in accordance with the advice of the Privy Council.
Terms defined in art 2
Clerk to the Privy Council
Defined · art 2“Clerk to the Privy Council” includes any person appointed by His Majesty the Sultan and Yang Di-Pertuan to be Deputy Clerk to that Council;
Council of Regency
Defined · art 2“Council of Regency” means the Council of Regency appointed under the Succession and Regency Proclamation, 1959;
Deputy Sultan
Defined · art 2“Deputy Sultan” means the person appointed by His Majesty the Sultan and Yang Di-Pertuan under section 17 of the Succession and Regency Proclamation, 1959;
His Majesty
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;
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;
meeting
Defined · art 2“meeting”, in relation to the Legislative Council, means all sittings of that Council held during a period beginning when that Council first meets after being summoned at any time and ending when that Council is next thereafter either adjourned sine die or prorogued or dissolved without having been prorogued;
Privy Council
Defined · art 2“Privy Council” means the Privy Council established by Clause (1) of Article 5;
Regent
Defined · art 2“Regent” means a Regent duly appointed under or referred to in the Succession and Regency Proclamation, 1959;
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