Article 31
Tenure of office and vacation of seats
of Constitutional Matters I - Constitution of Brunei Darussalam
(1)
Every Member of the Legislative Council shall hold his seat therein during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
(2)
Every Member of the Legislative Council shall cease to be a
Member when that Council is dissolved after he has been appointed or if his seat shall become vacant under this Constitution.
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B.L.R.O. 2/2022 31
(3)
The seat of a Member shall become vacant —
(a)
if he shall be appointed as a Regent;
(b)
if he shall, by writing under his hand addressed to the Clerk of the Legislative Council, resign his seat in the Legislative Council;
(c)
if he, except in the case of an ex-officio Member, shall be absent from 2 consecutive meetings of the Legislative Council without having obtained from the Speaker, before the termination of either of such meetings, permission to be or to remain absent therefrom; or
(d)
repealed;
(e)
repealed;
(f)
if any circumstances arise which, if he were not a Member of the Legislative Council, would cause him to be disqualified under
Article 30.
(4)
His Majesty the Sultan and Yang Di-Pertuan or the Legislative
Council may, for such reason as may appear to His Majesty the Sultan and
Yang Di-Pertuan or that Council to be good and sufficient, declare any
Member of that Council to be incapable of discharging his functions as a
Member of that Council, and thereupon, such Member shall not sit in or take part in the proceedings of that Council until he is declared by His Majesty the
Sultan and Yang Di-Pertuan or that Council to be again capable of discharging his functions:
Provided that where the Member is declared by His Majesty the Sultan and Yang Di-Pertuan to be incapable of discharging his functions, the
Legislative Council shall not have the power to declare such Member to be again capable of discharging his functions without the prior approval of
His Majesty the Sultan and Yang Di-Pertuan.
(5)
His Majesty the Sultan and Yang Di-Pertuan or the Legislative
Council may, for such reason as may appear to His Majesty the Sultan and
Yang Di-Pertuan or that Council to be good and sufficient, suspend any
Member, from the exercise of his functions and his rights and privileges, as a
Member of that Council, and thereupon, such Member shall not sit in or take part in the proceedings of that Council until the suspension is ended by
His Majesty the Sultan and Yang Di-Pertuan or that Council:
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Provided that where the Member is suspended by His Majesty the Sultan and Yang Di-Pertuan, the Legislative Council shall not have the power to end the suspension of such Member without the prior approval of
His Majesty the Sultan and Yang Di-Pertuan.
(6)
Any person vacating his seat as a Member of the Legislative
Council may, if qualified, be again appointed as, or elected to be, a Member.
(7)
Repealed.
(8)
Repealed.