Constitutional Matters II - Succession and Regency Proclamation, 1959 · Revised Edition · Part 2
7. Procedure
Official textFrom Attorney General's Chambers, unchanged
In the exercise of its functions under this Part, the Council of
Succession shall observe the following rules of procedure —
no business shall be transacted by the Council unless such quorum as is provided for in paragraph (b) is present at the time when the Council proceeds to business;
one half of the Members of the Council of Succession shall form a quorum if Members of the Religious Council who have expertise in Hukum Syara’ including the Mufti Kerajaan or Chief
Syar’ie Judge are among those Members present;
no decision of the Council of Succession shall be valid and binding unless at least two-thirds of the Members present shall agree thereto, and such decision shall not be subject to any review by or appeal to any court;
the President, or any other Members of the Council presiding in his absence, may vote on any question;
no person other than a Member shall be present at any meeting of the Council of Succession;
the President may adjourn any meeting of the Council of
Succession from time to time but a meeting once begun shall continue until a decision of the Council of Succession has been made;
minutes of the proceedings at each meeting of the Council of Succession shall be kept in writing, in the Malay language, by the
Secretary;
a record of every decision of the Council of Succession shall be made in writing by the Secretary and shall be signed by the
President, whose signature shall be witnessed as hereinafter provided; and
every decision of the Council of Succession shall be notified in the Gazette.
Succession and Regency Proclamation 17
His Majesty the Sultan and Yang Di-Pertuan may appoint a person to be the Secretary of the Council of Succession, who shall hold office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
His Majesty the Sultan and Yang Di-Pertuan
“Sultan” or “His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam irrespective of whether a declaration has been made and confirmed under section 12 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions but does not include his lawful Successor listed in, referred to or contempleted by subsections (2), (3) and (4) of section 3, a Regent or a Council of Regency or His Majesty the Sultan and Yang Di-Pertuan’s Deputy;
The President’s signature shall be witnessed by 2 Members of the Council of Ministers appointed as Members of the Council of Succession and present at the meeting of the Council of Succession concerned.
Terms defined in art 2
Council of Ministers
Defined · art 2“Council of Ministers” means the Council of Ministers established by the Constitution;
Council of Succession
Defined · art 2“Council of Succession” means the Council of Succession appointed under subsection (1) of section 6;
His Majesty the Sultan and Yang Di-Pertuan
Defined · art 2“Sultan” or “His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam irrespective of whether a declaration has been made and confirmed under section 12 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions but does not include his lawful Successor listed in, referred to or contempleted by subsections (2), (3) and (4) of section 3, a Regent or a Council of Regency or His Majesty the Sultan and Yang Di-Pertuan’s Deputy;
Religious Council
Defined · art 2“Religious Council” means the Religious Council constituted by Part II of the Religious Council and Kadis Courts Act;