Section 3, subsection 1 states:
No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say –…
Section 22, subsection 1 states:
During any period when the office of Governor is vacant or the Governor is absent from Gibraltar or is for any other reason unable to discharge the functions of his office those functions shall, during Her Majesty’s pleasure, be assumed and discharged by such person as Her Majesty may have designated in that behalf by instructions given through a Secretary of State.
Section 23, subsection 1 states:
Whenever the Governor – …
Section 26, subsection 5 states:
If the office of the Speaker is vacant or if the person holding the office of Speaker is absent from Gibraltar or is for any other reason at any time unable to perform the functions of his office, those functions may be performed by such person (being a person qualified for appointment as Speaker) as may from time to time be designated in that behalf by the Parliament upon motion being presented by the Chief Minister acting after consultation with the Leader of the Opposition.
Section 28, subsection 1 states:
No person shall be qualified to be elected as an Elected Member of the Parliament who –…
Section 30, subsection 1 states:
If circumstances such as are referred to in section 29(1)(d) arise because an Elected Member of the Parliament is under sentence of imprisonment, declared bankrupt, adjudged to be of unsound mind or convicted of an offence relating to elections and it is open to the Member to appeal against the decision (either with the leave of the court or other authority or without such leave), he shall forthwith cease to perform his functions as a Member of the Parliament but, subject to subsection (3), he shall not vacate his seat until the expiration of thirty days thereafter…
Section 45, subsection 8 states:
Whenever the office of Chief Minister is vacant or the Chief Minister is absent from Gibraltar or is unable, by reason of illness or for any other cause, to perform the functions of his office, the Governor may authorise any other Minister to perform the functions of the Chief Minister, and any Minister so authorised may perform those functions until his authority is revoked by the Governor: Provided that the Governor shall, so far as is practicable, act in accordance with the advice of the Chief Minister before exercising his powers under this subsection.
Section 55 states:
…(3) Whenever the office of chairman of the Public Service Commission is vacant or the chairman is absent from Gibraltar or is for any other reason unable to discharge the functions of his office, those functions shall be discharged by such one of the other members of the Commission as the Governor, acting in accordance with the advice of the Specified Appointments Commission, may appoint.
(4) If at any time there are less than three members of the Public Service Commission besides the chairman or if any such member is acting as chairman or is absent from Gibraltar or is for any other reason unable to discharge the functions of his office, the Governor, acting in accordance with the advice of the Specified Appointments Commission, may appoint a person qualified for appointment as a member of the Commission to sit as an additional member…
Section 63 states:
(1) If the office of Chief Justice is vacant, or if the holder thereof is for any reason unable to perform the functions of his office, then, until some other person has been appointed to, and has assumed the functions of, that office, or until the holder of that office has resumed those functions, as the case may be, such one of the Puisne Judges or such other person qualified for appointment as a Puisne Judge as the Governor, acting in accordance with the advice of the Judicial Service Commission, may appoint for that purpose shall act in the office of Chief Justice.
(2) If –
(3) If the office of the President of the Court of Appeal is vacant, or if the holder thereof is absent from Gibraltar or is for any other reason unable to perform the functions of his office, then, until some other person has been appointed to, and has assumed the functions of, that office, or until the holder of that office has resumed those functions, as the case may be, such one of the Justices of Appeal as the Governor, acting in accordance with the advice of the Judicial Service Commission, may appoint for that purpose shall act in the office of the President.
(4) If the office of a Justice of Appeal is vacant, or if any Justice of Appeal is acting as the President or is absent from Gibraltar or is for any other reason unable to perform the functions of his office, the Governor, acting in accordance with the advice of the Judicial Service Commission, may appoint a person qualified for appointment as a Justice of Appeal to act as a Justice of Appeal.
(5) Any person appointed under this section to act as a judge of the Supreme Court or the Court of Appeal shall, unless he is removed from office under section 64, continue to act for such period as may be specified in the instrument of his appointment or, if no such period is specified, until his appointment is revoked by the Governor, acting in accordance with the advice of the Judicial Service Commission: Provided that a person whose appointment so to act has expired or been revoked may, unless he has been removed from office as aforesaid, continue so to act for such period and on such terms as the Judicial Service Commission may consider necessary to enable him to deliver judgment or to do any other thing in relation to any proceeding commenced before him before the expiration or revocation of his appointment.
Section 64 states:
…(2) The Chief Justice, a Puisne Judge, the President of the Court of Appeal or a Justice of Appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be removed except in accordance with subsection (3).
(3) The Chief Justice, a Puisne Judge, the President of the Court of Appeal or a Justice of Appeal shall be removed from office by the Governor if the question of the removal of that judge from office has, at the request of the Governor made in pursuance of subsection (4), been referred by Her Majesty to the Judicial Committee of Her Majesty’s Privy Council under section 4 of the Judicial Committee Act 1833 (a) or any other enactment enabling Her Majesty in that behalf, and the Judicial Committee has advised Her Majesty that the judge ought to be removed from office for inability as aforesaid or misbehaviour.
(4) If the Governor considers that the question of removing the Chief Justice, a Puisne Judge, the President of the Court of Appeal or a Justice of Appeal from office for inability as aforesaid or for misbehaviour ought to be investigated, then –
Section 80, subsection 2 states:
…Where power is vested by this Constitution in any person or authority to appoint any person to act in or perform the functions of any office if the holder thereof is himself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions.
Section 84, subsection 3 states:
If any circumstances arise that, under this Constitution, require the Governor to remove a judge from office for inability to discharge the functions of his office, the Governor, acting in accordance with the advice of the Judicial Service Commission, may carry out such removal either by dismissing that officer or by requiring him to retire.
Section 22, subsection 1 states:
During any period when the office of Governor is vacant or the Governor is absent from Gibraltar or is for any other reason unable to discharge the functions of his office those functions shall, during Her Majesty’s pleasure, be assumed and discharged by such person as Her Majesty may have designated in that behalf by instructions given through a Secretary of State.
Section 23, subsection 1 states:
Whenever the Governor – …
Section 26, subsection 5 states:
If the office of the Speaker is vacant or if the person holding the office of Speaker is absent from Gibraltar or is for any other reason at any time unable to perform the functions of his office, those functions may be performed by such person (being a person qualified for appointment as Speaker) as may from time to time be designated in that behalf by the Parliament upon motion being presented by the Chief Minister acting after consultation with the Leader of the Opposition.
Section 28, subsection 1 states:
No person shall be qualified to be elected as an Elected Member of the Parliament who –…
Section 30, subsection 1 states:
If circumstances such as are referred to in section 29(1)(d) arise because an Elected Member of the Parliament is under sentence of imprisonment, declared bankrupt, adjudged to be of unsound mind or convicted of an offence relating to elections and it is open to the Member to appeal against the decision (either with the leave of the court or other authority or without such leave), he shall forthwith cease to perform his functions as a Member of the Parliament but, subject to subsection (3), he shall not vacate his seat until the expiration of thirty days thereafter…
Section 45, subsection 8 states:
Whenever the office of Chief Minister is vacant or the Chief Minister is absent from Gibraltar or is unable, by reason of illness or for any other cause, to perform the functions of his office, the Governor may authorise any other Minister to perform the functions of the Chief Minister, and any Minister so authorised may perform those functions until his authority is revoked by the Governor: Provided that the Governor shall, so far as is practicable, act in accordance with the advice of the Chief Minister before exercising his powers under this subsection.
Section 55 states:
…(3) Whenever the office of chairman of the Public Service Commission is vacant or the chairman is absent from Gibraltar or is for any other reason unable to discharge the functions of his office, those functions shall be discharged by such one of the other members of the Commission as the Governor, acting in accordance with the advice of the Specified Appointments Commission, may appoint.
(4) If at any time there are less than three members of the Public Service Commission besides the chairman or if any such member is acting as chairman or is absent from Gibraltar or is for any other reason unable to discharge the functions of his office, the Governor, acting in accordance with the advice of the Specified Appointments Commission, may appoint a person qualified for appointment as a member of the Commission to sit as an additional member…
Section 63 states:
(1) If the office of Chief Justice is vacant, or if the holder thereof is for any reason unable to perform the functions of his office, then, until some other person has been appointed to, and has assumed the functions of, that office, or until the holder of that office has resumed those functions, as the case may be, such one of the Puisne Judges or such other person qualified for appointment as a Puisne Judge as the Governor, acting in accordance with the advice of the Judicial Service Commission, may appoint for that purpose shall act in the office of Chief Justice.
(2) If –
(3) If the office of the President of the Court of Appeal is vacant, or if the holder thereof is absent from Gibraltar or is for any other reason unable to perform the functions of his office, then, until some other person has been appointed to, and has assumed the functions of, that office, or until the holder of that office has resumed those functions, as the case may be, such one of the Justices of Appeal as the Governor, acting in accordance with the advice of the Judicial Service Commission, may appoint for that purpose shall act in the office of the President.
(4) If the office of a Justice of Appeal is vacant, or if any Justice of Appeal is acting as the President or is absent from Gibraltar or is for any other reason unable to perform the functions of his office, the Governor, acting in accordance with the advice of the Judicial Service Commission, may appoint a person qualified for appointment as a Justice of Appeal to act as a Justice of Appeal.
(5) Any person appointed under this section to act as a judge of the Supreme Court or the Court of Appeal shall, unless he is removed from office under section 64, continue to act for such period as may be specified in the instrument of his appointment or, if no such period is specified, until his appointment is revoked by the Governor, acting in accordance with the advice of the Judicial Service Commission: Provided that a person whose appointment so to act has expired or been revoked may, unless he has been removed from office as aforesaid, continue so to act for such period and on such terms as the Judicial Service Commission may consider necessary to enable him to deliver judgment or to do any other thing in relation to any proceeding commenced before him before the expiration or revocation of his appointment.
Section 64 states:
…(2) The Chief Justice, a Puisne Judge, the President of the Court of Appeal or a Justice of Appeal may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be removed except in accordance with subsection (3).
(3) The Chief Justice, a Puisne Judge, the President of the Court of Appeal or a Justice of Appeal shall be removed from office by the Governor if the question of the removal of that judge from office has, at the request of the Governor made in pursuance of subsection (4), been referred by Her Majesty to the Judicial Committee of Her Majesty’s Privy Council under section 4 of the Judicial Committee Act 1833 (a) or any other enactment enabling Her Majesty in that behalf, and the Judicial Committee has advised Her Majesty that the judge ought to be removed from office for inability as aforesaid or misbehaviour.
(4) If the Governor considers that the question of removing the Chief Justice, a Puisne Judge, the President of the Court of Appeal or a Justice of Appeal from office for inability as aforesaid or for misbehaviour ought to be investigated, then –
Section 80, subsection 2 states:
…Where power is vested by this Constitution in any person or authority to appoint any person to act in or perform the functions of any office if the holder thereof is himself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions.
Section 84, subsection 3 states:
If any circumstances arise that, under this Constitution, require the Governor to remove a judge from office for inability to discharge the functions of his office, the Governor, acting in accordance with the advice of the Judicial Service Commission, may carry out such removal either by dismissing that officer or by requiring him to retire.