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bruneilawsby aturio
In forceRevised Edition
Contents

Part 3

12. Exercise of State functions during Interim Period

(1)

If at least two-thirds of persons appointed by His Majesty the

Sultan and Yang Di-Pertuan declare in writing, in the form set out as Form 1

in the Schedule, to the Privy Council, and at the same time to the Council of

Succession and the lawful Successor declared under subsection (2) of section 3, that they are satisfied by evidence, which shall include the evidence of 5 independent physicians, 2 of whom ordinarily reside outside

Brunei Darussalam, that His Majesty the Sultan and Yang Di-Pertuan is by reason of infirmity of mind or body incapable for the time being of performing the State functions, and that declaration is, within 30 days, confirmed by the Council of Succession and the lawful Successor declared under subsection (2) of section 3, then, until either it is —

(a)

declared in writing, by at least two-thirds of persons appointed by His Majesty the Sultan and Yang Di-Pertuan under this section in the form set out as Form 2 in the Schedule; or

(b)

decided by any one of the following —

(i)

the Council of Succession;

(ii)

the lawful Successor, the Regent or Council or

Regency referred to in paragraphs (A) to (C)

exercising State functions under this section, that His Majesty the Sultan and Yang Di-Pertuan has so far recovered his health as to warrant his resumption of the State functions, those functions shall during the Interim Period and subject to subsection (3) be performed in the name and on behalf of His Majesty the Sultan and Yang Di-Pertuan —

(A)

by his lawful Successor listed in, referred to or contemplated by subsections (2), (3) and (4) of section 3;

(B)

where the lawful Successor listed in, referred to or contemplated by subsections (2), (3) and (4) of section 3 is below the age of 18 years, by, where applicable, the Regent

Succession and Regency Proclamation 22

CONST. II referred to in section 11 or, in the circumstances contemplated by section 11, by the Council of Regency appointed by the Privy Council and confirmed by the

Council of Succession; and

(C)

in the absence of a lawful Successor listed in, referred to or contemplated by subsections (2), (3) and (4) of section 3, by the Council of Regency appointed by the Privy Council and confirmed by the Council of Succession.

(2)

If a declaration made to the Privy Council under subsection (1)

that His Majesty the Sultan and Yang Di-Pertuan is by reason of infirmity of mind or body incapable for the time being of performing the State functions is not within 5 years from its confirmation by the Council of Succession and the lawful Successor declared under subsection (2) of section 3 superseded by the declaration or decision under that subsection that His Majesty the

Sultan and Yang Di-Pertuan has so far recovered his health as to warrant his resumption of the State functions, then, as from the expiration of such period of 5 years, His Majesty the Sultan and Yang Di-Pertuan shall be treated for all purposes as if His Majesty the Sultan and Yang Di-Pertuan had renounced the throne under subsection (1) of section 19 by a valid Instrument of

Abdication having effect at the expiration of such period of 5 years.

(3)

The lawful Successor, Regent and Council of Regency referred to in subsection (1) shall during the Interim Period have all powers and duties of His Majesty the Sultan and Yang Di-Pertuan other than those identified in this subsection. Notwithstanding any written law, the lawful

Successor, Regent and Council of Regency referred to in subsection (1) shall not have the power to —

(a)

appoint or propose to appoint any person or, terminate or cancel the appointment or purport to terminate or cancel the appointment to the persons referred to in subsection (1);

(b)

amend, alter, repeal or propose laws, or assent to any Bill to amend, alter or repeal any provision of this Proclamation or any

Rules which are designed to set out the procedures under or implement or give effect to this Proclamation;

(c)

amend, alter, repeal or propose laws, or assent to any Bill to amend, alter, repeal or propose laws or do anything that in any way would reduce, limit, dilute, compromise, prejudice, derogate from or

Succession and Regency Proclamation 23

in any way adversely affect or would have the effect of reducing, limiting, diluting, compromising, prejudicing, derogating from or in any way adversely affecting, the rights, powers, prerogatives and privileges of His Majesty the Sultan and Yang Di-Pertuan as such rights, powers, prerogatives and privileges stood just before the commencement of the Interim Period;

(d)

amend, alter, repeal or propose laws, or assent to any Bill to amend, alter, repeal or propose laws or do anything that in any way would prevent, impede, obstruct or delay His Majesty the Sultan and

Yang Di-Pertuan from resuming his State functions;

(e)

amend, alter, repeal or propose laws, or assent to any Bill to amend, alter or repeal the definition of “His Majesty” or “His

Majesty the Sultan and Yang Di-Pertuan” or “Sultan” under the

Constitution or this Proclamation;

(f)

make or terminate any appointment to the Council of

Succession under section 6 except to replace any member deceased during the Interim Period;

(g)

exercise the rights and functions under Clause (1A) of

Article 6 of the Constitution.

(4)

Subsection (1) shall apply to a Regent referred to in subsection (1)(B).

(5)

In relation to any act done or purported to be done in exercise of

State functions by any of the persons referred to in subsections (1)(A), (B)

and (C), the Council of Succession shall have the power to decide if subsection (3) has been complied with in relation to that act. Where the

Council of Succession decides that subsection (3) has not been complied with, such decision shall render the relevant act done or purported to be done in exercise of State functions by any of the persons referred to in subsections

(1)

(A)

, (B) and (C) void and of no effect.

(6)

Notice of the appointment of persons referred to in subsection (1) shall be published in the Gazette.

Report

Read on from art 13

Part 4

Read on from Part 4

Part 5

Read on from Part 5

Part 6

Read on from Part 6

Part 7

Read on from Part 7

Part 8

Read on from Part 8

Schedules