Page:Cook Islands Constitution Act 1964.pdf/13

Reprinted as at 4 August 1965 :(a) If the appointment is to be made while the Legislative Assembly is in session, the High Commissioner shall appoint as Premier a member of the Assembly who commands the confidence of a majority of the members of the Assembly:
 * (b) If the appointment is to be made while the Legislative Assembly is not in session, the High Commissioner shall appoint as Premier a member of the Assembly who in the opinion of the High Commissioner, acting in his discretion, is likely to command the confidence of a majority of the members of the Assembly:
 * (c) If the appointment is to be made after a dissolution of the Legislative Assembly and before the holding of the general election of the Assembly following that dissolution, the High Commissioner shall appoint as Premier a person who was a member of the Assembly immediately before that dissolution and who in the opinion of the High Commissioner, acting in his discretion, is likely to command the confidence of a majority of the persons who were members of the Assembly immediately before that dissolution:
 * Provided that where the Legislative Assembly has been dissolved pursuant to subclause (2) of Article 37 hereof, the High Commissioner shall appoint as Premier a person who was a member of the Assembly immediately before that dissolution and who in the opinion of the High Commissioner, acting in his discretion, is capable of performing the functions of the Premier.

(3) The Ministers other than the Premier shall be appointed by the High Commissioner on the advice of the Premier. No person shall be so appointed unless—
 * (a) He is a member of the Legislative Assembly; or
 * (b) If the appointment is to be made after a dissolution of the Legislative Assembly and before the holding of the general election of the Assembly following that dissolution, he was a member of the Assembly immediately before that dissolution; or
 * (c) If the appointment is to be made after the holding of a general election of the Legislative Assembly and before the commencement of the first session of the Assembly following that election, he was elected as a member of the Assembly at that election.

(4) Appointments under the provisions of this Article shall be made by instrument under the Seal of the Cook Islands.

(5) If any employee of the Cook Islands Public Service is appointed to be a Minister, he shall forthwith be deemed to have vacated his office as an employee of that Service.

Schedule Article 13(1): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2). Rh