Belize Advisory Council

(1) There shall be a Belize Advisory Council (hereinafter referred to as “the Council”, which shall consist of the members specified in subsection (2) of this section. (2) The Council shall consist of, (a) two senior members, who shall be persons of integrity and high standing, appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and (b) two senior members, who shall be persons of integrity and high standing, 64 appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition; and (c) three other members, who shall be persons of integrity and high standing, appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the (3) Subject to the proviso to this subsection, a senior member of the Council shall hold office until he reaches the age of seventy-five years, unless he earlier resigns his office by writing under his own hand addressed to the Governor- General, or if by a resolution of the House of Representatives supported by two-thirds of the members of that House he is declared unable to discharge the functions of his office by reason of persistent absence or infirmity of body or mind, or to be in breach of the provisions of section 121 of this Provided that, (a) a senior member who has attained the age of seventy-five years may be appointed to continue in office until he attains any later age as may be specified in his instrument of (b) any person of integrity and high national standing who at the commencement of this section is at least seventy-five years of age may be appointed a senior member and may continue in office until he attains any later age as may be specified in his instrument of 65 (4) A member of the Council referred to in subsection (2) (c) of this section shall hold office for three years from the date of his appointment, unless he earlier resigns his office by writing under his own hand addressed to the Governor- General, or if by resolution of the House of Representatives supported by two- thirds of the members of that House he is declared unable to discharge the functions of his office by reason of persistent absence or infirmity of body or mind, or to be in breach of the provisions of section 121 of this (5) No person shall be appointed a member or senior member of the Council unless he is a citizen of Belize, except that a member of the Council who holds or has held office as a judge of a superior court of record need not be a citizen of Belize if he is a citizen of a Commonwealth country. (6) The Governor-General shall in each year appoint a different senior member of the Council to be Chairperson of the Council, and in making such appointment the Governor- General shall ensure that in any period of four years, no senior member shall be Chairperson twice. (7) A member of the Council, including a senior member, shall not enter upon the duties of his office unless he has taken and subscribed the oath or affirmation of allegiance and office set out in Schedule 3 of this Constitution. (8) The functions of the Council shall be, (a) to advise the Governor-General in the exercise of his powers under section 52 of this Constitution; (b) to perform such other tasks and duties as are conferred or imposed on it by this Constitution or any other law. 66 (9) In the exercise of its functions, the Council shall not be subject to the direction or control of any other person or (10) The Chairperson or in his absence, a senior member appointed for that purpose by the Governor-General, shall convene all meetings of the Council for consideration of matters which in accordance with this Constitution or any other law the Council is called upon to consider. (11) The Chairperson or in his absence, the senior member appointed for that purpose by the Governor-General under subsection (10) of this section, shall preside at all meetings of the Council. (12) Notwithstanding subsections (10) and (11) of this section, in any case where the Council is convened to discharge its duties under section 88, 98,102, 105, 108 or 109 of this Constitution, or where the Council is convened to hear an appeal from an officer to whom section 106, 107, 110 D or 110 F of this Constitution applies, the Chairperson shall preside at that meeting. (13) Where the Council is convened to remove the Chairperson, some other person who holds or has held office as a Judge of a superior court of record shall be appointed by the Governor-General on the advice of the Prime Minister given after consultation with the Leader of the Opposition to act as Chairperson for that purpose. (14) At all meetings of the Council, (a) the quorum shall be five members; (b) decisions shall be by a majority of the votes of those members of the Council present and voting; and 67 (c) in the event that votes are equally divided on any matter, the Chairperson or senior member presiding shall have a second vote in addition to his original vote. (15) The Council may make regulations for regulating and facilitating the performance of its function under this Constitution or any other law. (16) Subject to the provisions of this section, the Council may regulate its own procedure. (17) The Council may, subject to the provisions of this section and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member. (18) The question whether or not the Council has validly performed any functions conferred or imposed on it by this Constitution or any other law shall not be enquired into in any court of law. (19) Within four months after the end of each year, the Council shall prepare and submit to the Prime Minister, a report dealing generally with its proceedings and activities in the preceding year, and the Prime Minister shall, within three months of receiving the report, cause a copy of the report to be tabled in the National Assembly. S.I. No.1 of 2002. (20) The Council which was in existence prior to the 15th day of January, 2002, (a) shall stand dissolved by the 31st December, 2001; (b) may be allowed by the Governor-General, acting on the advice of the Prime Minister, notwithstanding paragraph (a) of this subsection, to continue in office after 31st December, 2001, only for the purpose of 68 enabling it to discharge its duties or perform its function in relation to matters that were pending or that were commenced before it, prior to the 15th day of January, 2002.