Page:Cook Islands Constitution Act 1964.pdf/15

Reprinted as at 4 August 1965 :(c) If the Minister ceases to be a member of the Legislative Assembly for any reason other than the dissolution of the Assembly; or
 * (d) If the Minister resigns his office by writing under his hand delivered to the High Commissioner.

(5) Whenever, by reason of illness or of absence from the Cook Islands, the Premier is temporarily prevented from performing, in the Cook Islands, the functions of his office, the High Commissioner may, by instrument under the Seal of the Cook Islands, appoint another Minister to perform those functions until such time as the Premier is capable of again performing them or has vacated his office.

(6) The power conferred on the High Commissioner under the provisions of subclause (5) of this Article shall be exercised by the High Commissioner, acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Premier by reason of the illness or absence of the Premier, and, in any other case, shall be exercised by the High Commissioner, acting on the advice of the Premier.

(7) The High Commissioner, acting on the advice of the Premier, may, by instrument under the Seal of the Cook Islands,—
 * (a) Declare a Minister to be by reason of illness temporarily incapable of performing his functions as a Minister; or
 * (b) Suspend a Minister during the period of any investigation or inquiry into the conduct of that Minister.

(8) Any Minister in respect of whom action has been taken under the provisions of subclause (7) of this Article shall not perform any of the functions of his office or sit in or otherwise take part in the proceedings of Cabinet or of the Executive Council until the High Commissioner, acting on the advice of the Premier, has revoked the aforesaid instrument under the Seal of the Cook Islands.

Schedule Article 14(1): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

Schedule Article 14(2): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

Schedule Article 14(3): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

Schedule Article 14(3)(b) proviso: amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

Schedule Article 14(3)(c): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

Schedule Article 14(3)(d): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

Schedule Article 14(4)(b): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2).

Schedule Article 14(4)(d): amended, on 4 August 1965, by section 2(1) of the Cook Islands Constitution Amendment Act 1965 (1965 No 2). 15