Gibraltar

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 –…

• (g) for the purpose of preventing the spread of an infectious or contagious disease;
• (h) in the case of a person who is, or is reasonably suspected to be, of unsound mind or addicted to drugs or alcohol or a vagrant, for the purpose of his care or treatment or the protection of the community;…

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 – …

• (b) is suffering from an illness which he has reason to believe will be of short duration, he may by writing under his hand appoint any person in Gibraltar to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor as may be so specified.

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 –…

• (e) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Gibraltar…

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 –

• (a) the office of a Puisne Judge is vacant, or if any such judge is acting as Chief Justice or is for any reason unable to perform the functions of his office; or
• (b) it appears to the Governor, acting in accordance with the advice of the Judicial Service Commission and after consultation with the Chief Justice and with the consent of the Chief Minister, that the state of business in the Supreme Court so requires, the Governor, acting in accordance with the advice of the Judicial Service Commission , may appoint a person qualified for appointment as a Puisne Judge to act as a Puisne Judge.

(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 –

• (a) the Governor shall appoint a tribunal, which shall consist of a chairman and not less that two other members selected by the Governor from among persons who hold or have held high judicial office;
• (b) the tribunal shall inquire into the matter and report on the facts thereof to the Governor and advise the Governor whether he should request that the question of the removal of that judge should be referred by Her Majesty to the Judicial Committee; and
• (c) if the tribunal so advises, the Governor shall request that the question should be referred accordingly…

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.

Excerpts from the Gibraltar Constitution Order (2006)

Section 22, subsection 3 states:

If an agent dies or becomes incapable of acting, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

Section 33, subsection 1 states:

On the date of the election, having complied with rule 26 and within the hours specified in rule 4, each presiding officer appointed for the purposes of this rule shall attend at the place of abode of every voter whose name appears on the absentee list or, where more than one presiding officer is so appointed, at the place of abode of such of those voters as the returning officer may allocate to him, in order to receive the vote of that voter or voters: Provided that--…

• (c) the election shall not be invalid by reason of the inability of a presiding officer to attend at the place of abode of a voter on the absentee list within the time specified in rule 4.

Section 34, subsection 1 states:

Notwithstanding any other provision of these rules, an elector who, owing to his temporary absence from Gibraltar is unable or likely to be unable to go in person to the polling station on the day of the poll, may …be registered in the list of postal voters.

Excerpts from the Election Rules (1950, last amended 2007)