20 Constitution of the Independent State of Samoa is incapable of, or not available for, the performance of his or her functions as Head of State. 25. Council of Deputies - (1) There shall be a Council of Deputies, which shall consist of one, 2 or 3 persons elected by the Legislative Assembly: PROVIDED THAT, if the Assembly shall not have elected a Council of Deputies, the Chief Justice shall assume the functions of the Council. (2) A person shall not be qualified to be elected as, or to continue to be, a member of the Council of Deputies unless the person is qualified to be appointed as Head of State under the provisions of Article 18. (3) An election of members of the Council of Deputies shall be held as soon as possible after each election of a Head of State: PROVIDED THAT, while the provisions of Article 17 are in force, an election of members of the Council of Deputies shall be held as soon as possible after Independence Day and, thereafter, at intervals of not less than 4 years and 9 months and not more than 5 years and 3 months. (4) If at any time the number of members of the Council of Deputies is less than 3, the Legislative Assembly may elect as a member of the Council a person qualified to be elected under the provisions of clause (2), and any person so elected shall hold office until the next ensuing election held under the provisions of clause (3). (5) Subject to the provisions of clause (2), a member of the Council of Deputies shall be eligible for re-election. (6) A member of the Council of Deputies may resign his or her office by writing under his or her hand addressed to the Prime Minister, who shall forthwith advise the Speaker of the Legislative Assembly of that resignation. (7) The Legislative Assembly may, on a motion carried by not less than two-thirds of the total number of Members of Parliament (including vacancies), remove from office a member of the Council of Deputies on the ground of stated misbehaviour or of infirmity of body or mind. (8) The salaries of members of the Council of Deputies shall be determined by Act and shall be charged on the Treasury Fund,