Constitutional Matters I - Constitution of Brunei Darussalam · Revised Edition · Part 4
8. Presiding in Privy Council
Official textFrom Attorney General's Chambers, unchanged
His Majesty the Sultan and Yang Di-Pertuan shall, so far as practicable, preside at meetings of the Privy Council.
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;
In the absence of His Majesty the Sultan and Yang Di-Pertuan, the person who shall preside shall be in the following priority —
Constitution of Brunei Darussalam
the lawful Successor declared under subsection (2) of section 3 of the Succession and Regency Proclamation, 1959 if he is present in Brunei Darussalam;
if such an appointment has been made, the Deputy Sultan;
if the lawful Successor declared under subsection (2) of section 3 of the Succession and Regency Proclamation, 1959 is absent and no Deputy Sultan has been appointed and a Council of
Regency has been appointed, the senior male Regent present;
if the lawful Successor declared under subsection (2) of section 3 of the Succession and Regency Proclamation, 1959 is absent, no Deputy Sultan has been appointed and no Council of
Regency has been appointed, such Member of the Privy Council as
His Majesty the Sultan and Yang Di-Pertuan may appoint; and
in any other case, the ex-officio Member of the Privy
Council present who stands first in the order in which those officers are referred to in paragraph (c) of Clause (2) of Article 5.
Terms defined in art 2
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 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;
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;