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bruneilawsby aturio
In forceRevised Edition
Contents

Part 3

13. Appointment of a Council of Regency or a Regent

(1)

Notwithstanding section 11, His Majesty the Sultan and Yang

Di-Pertuan may appoint a Council of Regency or a Regent by making known

Succession and Regency Proclamation 24

CONST. II his pleasure in any manner he thinks fit, but no such appointment shall take effect until it is notified by Proclamation published in the Gazette in the name of His Majesty the Sultan and Yang Di-Pertuan.

(2)

Whenever (under his Proclamation or otherwise) there is occasion for a Council of Regency or a Regent to be appointed otherwise than by His Majesty the Sultan and Yang Di-Pertuan, such appointment shall be made by the Privy Council and shall be notified by a Proclamation published in such manner as the Privy Council sees fit.

(3)

A Council of Regency shall consist of the Consort of

His Majesty the Sultan and Yang Di-Pertuan and 2 other Regents or, if His

Majesty the Sultan and Yang Di-Pertuan is not then married, or if there is no

Consort of His Majesty the Sultan and Yang Di-Pertuan living, or if the

Consort is for any cause incapable of acting as Regent, of 3 Regents other than the Consort:

Provided that —

(a)

the following persons, if of full age and capacity and if not prevented by absence from Brunei Darussalam or any other cause considered sufficient by resolution of the Privy Council from acting as Regents, shall be entitled to be appointed by His Majesty the

Sultan and Yang Di-Pertuan as a Regent —

(i)

Duli Yang Teramat Mulia Paduka Seri Pengiran Muda

Mahkota;

(ii)

Duli Yang Teramat Mulia Paduka Seri Pengiran Muda;

(iii)

the Duli Pengiran Bendahara and the Duli Pengiran

Pemancha;

(iv)

any Kepala Cheteria who is a lawfully begotten descendant of a Sultan mentioned in subsection (1) of section 10; and

(b)

this subsection shall not apply where the appointment of a

Council of Regency or a Regent is made by His Majesty the Sultan and Yang Di-Pertuan or under section 11; and His Majesty the Sultan and Yang Di-Pertuan may, in any such case, appoint as a Member of

Succession and Regency Proclamation 25

the Council of Regency any Member of the Privy Council who is capable of acting.

(4)

The appointment of any Deputy to His Majesty the Sultan and

Yang Di-Pertuan, under section 17 shall cease to have effect on the appointment of a Council of Regency, but without prejudice to anything lawfully done by such Deputy.

(5)

The appointment of a Council of Regency shall cease to have effect —

(a)

upon the arrival in Brunei Darussalam of His Majesty the

Sultan and Yang Di-Pertuan, save where His Majesty the Sultan and

Yang Di-Pertuan is under the age of 18 years or a subsisting declaration of incapacity under section 12 has been made of him;

(b)

upon His Majesty the Sultan and Yang Di-Pertuan attaining the age of 18 years, if he is then in Brunei Darussalam and not suffering from any incapacity within the meaning of subsection (1) of section 12; and

(c)

upon a declaration under the second part of subsection (1)

of section 12.

(6)

Subject to section 11, the appointment of a Regent shall cease to have effect upon any event specified in subsection (5) and also —

(a)

on the appointment of another Regent in his place in accordance with this section;

(b)

upon a declaration of incapacity in respect of such Regent under section 12; and

(c)

in the event specified in section 18.

(7)

The appointment of a Regent may be revoked in like manner as that in which it was made and shall be so revoked within a reasonable time if the Regent, by writing under his hand, requests the appropriate authority to relieve him of his office:

Provided that nothing herein contained shall be deemed to preclude a

Sultan of full age and capacity from revoking at any time the appointment of a Regent and appointing another Regent in his place under this section.

Succession and Regency Proclamation 26

Report

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Part 4

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Part 5

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Part 6

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Part 7

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Part 8

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