26 Constitution of the Independent State of Samoa 37. Cabinet procedure - (1) Subject to the provisions of this Constitution, Cabinet may regulate its procedure (including the fixing of a quorum) in such manner as it thinks fit. (2) There shall be a Secretary to Cabinet. (3) Cabinet shall not be disqualified for the transaction of business by reason of any vacancy in the number of its members, and any proceedings of Cabinet shall be valid notwithstanding that some person who was not entitled to do so sat or voted in Cabinet or otherwise took part in the proceedings. (4) It shall be the duty of the Prime Minister, if the Head of State so requires, to submit for the consideration of Cabinet any matter on which a decision has been taken by a Minister (including the Prime Minister) but which has not been considered by Cabinet. (5) A decision of Cabinet shall be recorded in minutes which shall, under the hand of the Secretary to Cabinet, be communicated to the Secretary to the Head of State within 24 hours of the making of the decision. (6) A decision of Cabinet shall not take effect except under the provisions of Article 38. 38. When decisions of Cabinet are to take effect - (1) A decision of Cabinet shall take effect: (a) on its approval by the Head of State, acting in his or her discretion; or (b) on the expiry of 4 days after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 40; or (c) if the issue involved in the decision is, in the opinion of a majority of Ministers present and voting at the meeting at which the decision is taken, of extreme urgency, on the expiry of one day after the date of the decision, unless a meeting of the Executive Council is sooner held under the provisions of Article 40; or (d) under the provisions of Article 40. (2) For the purposes of sub-clauses (b) and (c) of clause (1), the date of a decision of Cabinet shall be the date on which the minutes in which the decision is recorded are communicated to