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(1) This Order may be cited as the Turks and Caicos Islands Constitution Order 1988.
(2) This Order shall come into force on such day as the Governor, acting in his discretion, may appoint by proclamation published in the Gazette .
(1) In this Order—
“the appointed day” means the day appointed by the Governor under section 1(2) of this Order;
“the Constitution” means the Constitution set out in Schedule 2 to this Order.
(2) The provisions of section 88 of the Constitution shall apply for the purposes of interpreting sections 1 to 10 of this Order and otherwise in relation thereto as they apply for the purposes of interpreting and in relation to the Constitution.
The instruments specified in Schedule 1 to this Order are revoked with effect from the appointed day.
Schedule 2 to this Order shall have effect as the Constitution of the Turks and Caicos Islands on the appointed day.
(1) Subject to the provisions of this section, the existing laws shall have effect on and after the appointed day as if they had been made in pursuance of the Constitution and shall be read and construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the provisions of the Constitution.
(2) The Governor may, by regulations published in the Gazette , at any time within twelve months of the appointed day make such modifications or adaptations to any existing law as appear to him to be necessary or expedient for bringing that law into conformity with the provisions of the Constitution or otherwise for giving effect or enabling effect to be given to those provisions; and any existing law shall have effect accordingly from such day (not being earlier than the appointed day) as may be specified in any such regulations.
(3) Regulations made under this section may be amended or revoked in relation to any existing law affected thereby by any authority competent to amend or revoke that law.
(4) In this section “existing laws” means laws and instruments (other than Acts of the Parliament of the United Kingdom and instruments made thereunder) having effect as part of the law of the Turks and Caicos Islands immediately before the appointed day and as if the Turks and Caicos Islands (Laws) (Interim Amendment) Order 1986 had not been made.
(1) Any office established by or under the Turks and Caicos Islands (Constitution) Orders 1976 to 1987 and existing immediately before the appointed day shall on and after that day, so far as consistent with the provisions of the Constitution, continue as if it had been established by or under the Constitution.
(2) Any person who immediately before the appointed day holds or is acting in any office referred to in subsection (1) of this section shall, on and after that day, continue to hold or act in that office as if he had been appointed to hold or to act in it in accordance with or under the provisions of the Constitution.
(3) Any person to whom subsection (2) of this section applies who, before the appointed day, has made any oath or affirmation required to be made before assuming the functions of his office shall be deemed to have made any like oath or affirmation so required by the Constitution or any other law.
(4) Subsection (2) of this section does not apply to a person appointed as a nominated member of the Executive Council under paragraph 3(1)(c) of Schedule 2 to the Turks and Caicos Islands (Constitution) (Interim Amendment) Order 1986 .
(1) Any person who immediately before the appointed day is a member of the Legislative Council established by the Turks and Caicos Islands (Constitution) Orders 1976 to 1987 shall on that day become a member of the Legislative Council established by the Constitution and shall be deemed to have complied with section 38 of the Constitution and shall hold his seat in the Council in accordance with the provisions of the Constitution.
(2) The Standing Orders of the Legislative Council as in force immediately before the appointed day shall, except as may be otherwise provided under section 36 of the Constitution, have effect on and after that day as if they had been made under that section but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
Without prejudice to the provisions of section 5 of this Order, until such time as any other law is enacted under section 35 of the Constitution relating to the registration of electors and the procedure for the election of members of the Legislative Council, regulations made by the Governor under section 4 of the Turks and Caicos Islands (Constitution) (Interim Amendment) (No.3) Order 1987 and in force immediately before the appointed day shall have effect on and after that day as if they were a law made under the Constitution.
(1) Any cause, matter or appeal pending before the Supreme Court or any appeal or application pending before the Court of Appeal immediately before the appointed day may, on or after that day, be continued, determined or appealed against as if such cause, matter or appeal had been instituted or was pending before the Supreme Court, or such appeal or application made to the Court of Appeal, as the case may be, as those courts are respectively constituted by the Constitution.
(2) Any decree or order of the Supreme Court or the Court of Appeal given or made before the appointed day, in so far as it has not been fully executed or enforced, may be executed or enforced on or after that day as if it were a decree or order of the Supreme Court or the Court of Appeal, as the case may be, as those courts are respectively constituted by the Constitution.
Her Majesty reserves to Herself power, with the advice and consent of Her Privy Council, to make laws for the peace, order and good government of the Turks and Caicos Islands.
(1) There shall be a Governor of the Turks and Caicos Islands who shall be appointed by Her Majesty by Commission under Her Sign Manual and Signet and shall hold office during Her Majesty’s pleasure.
(2) The Governor shall have such functions as may be conferred upon him by or under this Constitution or any other law and such other functions as Her Majesty may from time to time be pleased to assign to him and, subject to the provisions of this Constitution and, in the case of functions conferred upon him by or under any other law, subject to the provisions of that law, shall perform all such functions (including functions which are expressed by this Constitution to be exercisable in his discretion or which he is directed by this Constitution to exercise in his own judgment) according to such instructions, if any, as may be given to him by Her Majesty:
Provided that the question whether or not the Governor has in any matter complied with any such instructions shall not be inquired into by any court.
(3) A person appointed to the office of Governor shall, before assuming the functions of that office, make oaths of allegiance and for the due execution of that office in the forms set out in Schedule 1 to this Constitution.
The holder of the office of Governor shall receive such emoluments as may for the time being be fixed by a Secretary of State by directions in writing, and those emoluments are hereby charged on and shall be paid out of the revenues of the Islands.
(1) During any period when the office of Governor is vacant or the Governor is absent from the Islands or is for any reason unable to perform the functions of his office, those functions shall, during Her Majesty’s pleasure, be assumed and performed by the person holding the office of—
(a) Chief Secretary; or
(b) Attorney General; or
(c) Financial Secretary,
in that order, or by such other person as Her Majesty may designate in that behalf by instructions given through a Secretary of State.
(2) Before assuming the functions of the office of Governor, any such person shall make oaths of allegiance and for the due execution of that office in the forms set out in Schedule 1 to this Constitution.
(3) A person shall not continue to perform the functions of the office of Governor under this section after the person holding that office or some other person having a prior right to perform those functions has notified him that he is about to assume or resume those functions.
(4) For the purposes of this section (and without prejudice to section 88(11) of this Constitution), the Governor shall not be regarded as absent from the Islands or as unable to perform the functions of his office at any time when there is a subsisting appointment of a deputy under section 4 of this Constitution.
(1) Whenever the Governor—
(a) has occasion to be absent from the seat of government but not from the Islands; or
(b) has occasion to be absent from the Islands for a period which he has reason to believe will be of short duration; or
(c) is suffering from an illness which he has reason to believe will be of short duration,
he may, by instrument in writing, appoint one of the persons holding one of the offices mentioned in paragraph (a), (b) or (c) of section 3(1) of this Constitution, in that order, or if no such person is available, such other person as he may designate, 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 specified in that instrument.
(2) The power and authority of the Governor shall not be abridged, altered or in any way affected by the appointment of a deputy under this section and, subject to the provisions of this Constitution and of any other law by or under which any function which a deputy is authorised to perform is conferred, the deputy shall conform to and observe all instructions that may from time to time be given to him by Her Majesty through a Secretary of State or by the Governor:
Provided that the question whether or not the deputy has in any matter complied with any such instructions shall not be inquired into by any court.
(3) A person appointed as a deputy under this section shall not continue to perform his functions as such after the Governor, or some other person with a prior right of appointment as deputy, has notified him that he is about to assume or resume those functions.
(4) Subject to subsection (3) of this section, a person appointed as deputy under this section shall hold that office for such period as may be specified in the instrument by which he is appointed, but his appointment may be revoked at any time by Her Majesty through a Secretary of State or by the Governor.
(5) In this section “the Governor” does not include a deputy appointed under this section.
(6) In the exercise of any power conferred upon him by this section the Governor shall act in his discretion.
(1) Subject to the provisions of this section, the Governor shall consult the Executive Council on the formulation of policy and in the exercise of all functions conferred upon him by this Constitution or any other law, except—
(a) when acting under instructions given to him by Her Majesty through a Secretary of State;
(b) when exercising any function conferred upon him by this Constitution or any other law which is expressed to be exercisable by him in his discretion or in his judgment or in accordance with the recommendation or advice of, or after consultation with, any person or authority other than the Executive Council; or
(c) in any case which, in his judgment, involves a matter for which he is responsible under section 13 of this Constitution:
Provided that in exercising his powers in relation to matters to which paragraph (c) above applies, the Governor shall keep the Executive Council informed of any matter which, in his judgment, may involve the economic and financial interests of the Islands or the enactment of law, and, in the case of matters relating to defence or external affairs, the domestic interests of the Islands.
(2) Notwithstanding subsection (1) of this section, the Governor shall not be obliged to consult the Executive Council if, in his judgment—
(a) Her Majesty’s service would sustain material prejudice;
(b) the matter is too unimportant to require consultation; or
(c) the urgency of the matter requires him to act before he can consult the Executive Council;
but in any case falling within paragraph (c) above he shall, as soon as practicable, communicate to the Executive Council the measures which he has adopted and the reasons therefor.
(3) In any case in which the Governor is required by this section to consult the Executive Council, he shall act in accordance with the advice given to him by the Executive Council unless in his judgment the interests of public order, public faith or good government require that he do otherwise:
Provided that—
(a) the Governor shall not act contrary to the advice given to him by the Executive Council without the prior approval of a Secretary of State, unless, in his judgment, the matter is of such urgency that it is necessary for him to act before obtaining such approval; and if he does so act he shall, as soon as practicable, report his action and the reasons therefor to a Secretary of State;
(b) whenever the Governor proposes to act contrary to the advice given to him by the Executive Council he shall inform the Executive Council in writing of his reasons; and any member who wishes to do so may, within thirty days, submit his comments in writing to the Governor who shall forward them to a Secretary of State as soon as practicable.
(4) Where the Governor is by this Constitution or any other law directed to exercise any function after consultation with any person or authority other than the Executive Council he shall not be obliged to exercise that function in accordance with the advice of that person or authority.
(5) Where the Governor is by this Constitution or any other law directed to exercise any function in accordance with the recommendation or advice of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be inquired into by any court.
(1) The executive authority of the Turks and Caicos Islands is vested in Her Majesty.
(2) Subject to the provisions of this Constitution, the executive authority of the Turks and Caicos Islands shall be exercised on behalf of Her Majesty by the Governor, either directly or through officers subordinate to him.
(3) Nothing in this section shall preclude persons or authorities other than the Governor from exercising such functions as are or may be conferred upon them by any law.
(1) There shall be an Executive Council for the Turks and Caicos Islands, which shall consist of—
(a) the Governor;
(b) a Chief Minister appointed by the Governor in accordance with subsection (2) of this section;
(c) four other Ministers appointed by the Governor, acting in accordance with the advice of the Chief Minister, from among the elected members of the Legislative Council; and
(d) the Chief Secretary, the Attorney General and the Financial Secretary.
(2) The Governor, acting in his discretion, shall appoint as Chief Minister the leader of that political party represented in the Legislative Council which commands the support of a majority of the elected members of the Council or, if there is no party which commands such a majority, such one of the leaders of the parties represented in the Council as, in the judgment of the Governor, is most likely to command the support of a majority of the elected members of the Council.
(3) Appointments of the Chief Minister and the other Ministers shall be made by the Governor by instrument under the public seal.
(4) If occasion arises for making an appointment of any Minister between a dissolution of the Legislative Council and the polling in the next following general election, a person who was an elected member of the Legislative Council immediately before the dissolution may be appointed as a Minister as if he were still a member of the Legislative Council.
(5) The Governor shall, without delay, report to Her Majesty through a Secretary of State every appointment made under this section.
The members of the Executive Council, other than the Governor, shall each, before entering upon the duties of his office as such member, make before the Governor oaths of allegiance and for the due execution of his office in the forms set out in Schedule 1 to this Constitution.
(1) The Governor shall revoke the appointment of the Chief Minister if a motion that the Legislative Council should declare a lack of confidence in the Government of the Islands receives the affirmative vote of a majority of the elected members thereof:
Provided that before so revoking the Chief Minister’s appointment, the Governor shall consult the Chief Minister and if the Chief Minister so requests, the Governor, acting in his discretion, may dissolve the Legislative Council instead of revoking the appointment.
(2) The Chief Minister shall vacate his office if, after the polling in a general election and before the Legislative Council first meets thereafter, the Governor, acting in his discretion, informs him that he is about to appoint another person as Chief Minister.
(1) Any Minister shall vacate his office—
(a) if he ceases to be a member of the Legislative Council for any reason other than a dissolution;
(b) if he is not a member of the Legislative Council when it first meets after a general election;
(c) if he resigns his office by writing under his hand addressed to the Governor; or
(d) if he is absent from the Islands or absent from three consecutive meetings of the Executive Council without—
(i) in the case of the Chief Minister, having given the Governor prior notice of such absence; or
(ii) in the case of any other Minister, having obtained written permission for such absence from the Governor, acting in accordance with the advice of the Chief Minister.
(2) A Minister other than the Chief Minister shall also vacate his office if—
(a) the Chief Minister vacates his office; or
(b) his appointment is revoked by the Governor, acting in accordance with the advice of the Chief Minister, by instrument under the public seal.
(1) If the Chief Minister is unable, due to illness or his absence from the Islands, to perform the functions of his office, the Governor may authorise any other Minister to perform those functions.
(2) In exercising his powers under this section the Governor shall act in accordance with the advice of the Chief Minister unless, in the Governor’s judgment, it is impracticable to obtain the Chief Minister’s advice owing to his illness or absence, in which case he shall exercise the power acting in his discretion.
(3) Any authority given under this section shall be conferred by the Governor by instrument under the public seal, and may be revoked in like manner.
(1) Subject to subsections (2), (3) and (4) of this section, the Governor, acting after full consultation with and on the advice of the Chief Minister, may by directions in writing assign to any member of the Executive Council responsibility for the conduct (subject to the provisions of this Constitution and of any other law) of any business of the Government of the Islands, including responsibility for the administration of any department of government.
(2) In exercising his functions under subsection (1) of this section, the Governor shall act in accordance with the advice given to him by the Chief Minister unless he is instructed by a Secretary of State to do otherwise.
(3) A member of the Executive Council shall not be charged with responsibility under this section for any of the matters mentioned in section 13(1) of this Constitution.
(4) Responsibility for finance shall be assigned to the Financial Secretary.
(5) A member of the Executive Council charged with responsibility for any matter in pursuance of this section shall exercise his responsibility in accordance with the policies of the Government as determined by the Executive Council and in accordance with the principle of the collective responsibility of the members of the Executive Council for the policies and decisions of the Government.
(6) The Governor, acting in his discretion, may at any time call for any official papers or seek any official information or advice which is available to a member of the Executive Council with respect to any matter for which that member is charged with responsibility in pursuance of this section.
(1) The Governor, acting in his discretion, shall be responsible for the conduct, subject to the provisions of this Constitution, of any business of the Government of the Islands with respect to the following matters—
(a) defence;
(b) external affairs;
(c) internal security, including the Police Force;
(d) the appointment of any person to any public office, the suspension, termination of appointment, dismissal or retirement of any public officer, or the taking of any disciplinary action in respect of such an officer, the application to any public officer of the terms or conditions of employment of the public service for which financial provision has been made, or the organisation of the public service in so far as it does not involve new financial provision:
Provided that the Governor, acting in his discretion, may assign to a member of the Executive Council responsibility for the conduct on behalf of the Governor of any business in the Legislative Council with respect to any of the said matters.
(2) The Governor, acting in his discretion, may by directions in writing delegate, with the prior approval of a Secretary of State, to the Chief Minister or any other Minister designated by him after consultation with the Chief Minister such responsibility for matters relating to external affairs or internal security as the Governor may think fit upon such conditions as he may impose.
(3) Where the Governor, acting in his discretion, determines that the exercise of any function conferred upon any other person or authority (other than the Legislative Council) would involve or affect any matter mentioned in subsection (1) of this section, he may, acting in his discretion, give directions as to the exercise of that function, and the person or authority concerned shall exercise the function in accordance with those directions.
The Executive Council shall be summoned by the Governor acting in his discretion:
Provided that the Governor shall summon the Council if requested to do so by four or more members.
(1) The Governor shall, so far as is practicable, attend and preside at meetings of the Executive Council.
(2) In the absence of the Governor from any meeting of the Council, the Chief Secretary, the Attorney General or the Financial Secretary, in that order, shall preside at the meeting.
(3) No business shall be transacted at any meeting of the Council if there are less than five members present, including the person presiding, of whom three are Ministers.
(4) Subject to subsection (3) of this section, the Council shall not be disqualified for the transaction of business by reason of any vacancy in the membership of the Council (including any vacancy not filled when the Council is first constituted or reconstituted at any time) and the validity of the transaction of business in the Council shall not be affected by reason only of the fact that some person who was not entitled so to do took part in the proceedings.
The Governor, or any person presiding over a meeting of the Executive Council in his absence, may, acting in his discretion, summon any public officer or other person to a meeting of the Executive Council whenever the business before the Council renders the presence of that officer or other person desirable.
(1) The Attorney General shall have power, in any case in which he considers it desirable so to do—
(a) to institute and undertake criminal proceedings against any person before any court in respect of any offence against any law in force in the Islands;
(b) to take over and continue any such criminal proceedings that have been instituted by any other person or authority; and
(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
(2) The powers of the Attorney General under subsection (1) of this section may be exercised by him in person or by officers subordinate to him acting under and in accordance with his general or special instructions.
(3) The powers conferred upon the Attorney General by subsection (1)(b) and (c) of this section shall be vested in him to the exclusion of any other person or authority:
Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.
(4) For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court or to Her Majesty in Council shall be deemed to be part of those proceedings.
(5) In the exercise of the powers conferred upon him by this section, section 30(2) and section 31(2) of this Constitution the Attorney General shall not be subject to the direction or control of any other person or authority.
There shall be a legislature for the Turks and Caicos Islands which shall consist of Her Majesty and a Legislative Council.
The Legislative Council shall consist of—
(a) a Speaker, elected as provided in section 20 of this Constitution;
(b) thirteen elected members;
(c) three appointed members; and
(d) the Chief Secretary, the Attorney General and the Financial Secretary.
(1) When the Legislative Council first meets after a general election, or after the office of Speaker has fallen vacant for any reason other than a dissolution of the Council, and before it proceeds to the despatch of any other business, the Council shall elect a person to be Speaker of the Council.
(2) The Speaker shall be elected from among the elected or appointed members of the Legislative Council who are not members of the Executive Council or from among persons who are not members of the Legislative Council, and shall be elected by a majority of the votes of the elected and appointed members of the Legislative Council:
Provided that no person shall be elected as Speaker who is not qualified to be an appointed member or who would for any reason be disqualified from being an appointed member.
(3) When the Legislative Council first meets after a general election, and before it proceeds to the despatch of any other business except the election of a Speaker, it shall elect a member, from among the elected or appointed members of the Legislative Council who are not members of the Executive Council, to be the Deputy Speaker, by a majority of the votes of the elected and appointed members of the Legislative Council, and if the office of Deputy Speaker falls vacant for any reason other than a dissolution of the Council, the Council shall, as soon as convenient, elect another such member to that office.
(4) A person shall vacate the office of Speaker or Deputy Speaker—
(a) on dissolution of the Legislative Council;
(b) if he informs the Legislative Council, by writing under his hand addressed to the Council and received by the Clerk of the Council, that he resigns his office;
(c)
(i) in any circumstances which, in the case of the Speaker, would cause him to vacate his seat if he were an appointed member; or
(ii) in the case of the Deputy Speaker, if he ceases to be a member of the Legislative Council;
(d) if on the date of his election as Speaker or Deputy Speaker he is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government of the Islands or, if on any date after such election he or a firm in which he is a partner or a company of which he is a director or manager becomes a party to any such contract, or if he becomes a partner in a firm or a director or manager of a company which is a party to any such contract, and he does not, before the expiration of thirty days from the date in question, disclose to the Council or, if that is impracticable, to the Clerk of the Council in writing, the nature of such contract and his interest, or the interest of such firm or company, therein and the Council does not exempt him from vacating his office under this paragraph;
(e) if he becomes a member of the Executive Council; or
(f) on the passing, by the votes of two-thirds of the elected and appointed members, of a motion expressing no confidence in him as Speaker or Deputy Speaker, as the case may be.
(1) The elected members of the Legislative Council shall be persons qualified for election in accordance with the provisions of this Constitution and, subject to the provisions of this Constitution, shall be elected in the manner provided by law.
(2) For the purposes of elections to the Legislative Council, the Islands shall be divided into the five electoral districts specified in Column 1 of Schedule 2 to this Constitution which shall comprise the islands or component parts specified in relation thereto in Column 2 of that Schedule, and each electoral district shall return to the Council the number of members specified in relation thereto in Column 3 of that Schedule.
Subject to section 25 of this Constitution, a person shall be qualified to be elected as a member of the Legislative Council if, and shall not be qualified to be so elected unless, he—
(a) has attained the age of twenty-one years; and
(b) is, on the date of his nomination for election, resident in the Islands and has been so resident for not less than twelve months, in the aggregate, out of the two years immediately preceding that date; and
(c) falls into one of the following categories, that is to say—
(i) he was born in the Islands; or
(ii) he was born outside the Islands of a father or mother either of whom was born in the Islands; or
(iii) he has, under the law in force in the Islands regulating immigration, the status of “Belonger”.
Appointed members of the Legislative Council shall be appointed from among persons qualified under section 24 of this Constitution, and so far as possible from among persons representing shades of opinion which would not otherwise be represented in the Legislative Council, as follows—
(a) one shall be appointed by the Governor acting in his discretion;
(b) one shall be appointed by the Governor acting in accordance with the advice of the Chief Minister;
(c) one shall be appointed by the Governor acting in accordance with the advice of the Leader of the Opposition:
Provided that no person shall be appointed under this section who has unsuccessfully stood as a candidate for election as an elected member at any election since the last dissolution of the Legislative Council.
Subject to section 25 of this Constitution, a person shall not be qualified to be appointed as a member of the Legislative Council unless he has attained the age of twenty-one years and is qualified to be registered as an elector in the Islands.
(1) No person shall be qualified to be an elected member or an appointed member of the Legislative Council who—
(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to any foreign power or state;
(b) holds or is acting in any public office;
(c) has been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth and has not been discharged;
(d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Islands;
(e) at the date of election, is under sentence of death imposed on him by a court of law in any country, or is serving or has at any time within the period of five years immediately preceding that date been serving any part of a sentence of imprisonment (by whatever name called) of at least twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court; or is under such a sentence of imprisonment the execution of which has been suspended;
(f) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government of the Islands and,
(i) in the case of an appointed member, has not disclosed to the Governor in writing the nature of such contract and his interest, or the interest of such firm or company, therein; or
(ii) in the case of an elected member, has not, within the period of one month immediately preceding the date of election, published in the Gazette a notice setting out the nature of such contract and his interest, or the interest of such firm or company, therein;
(g) is disqualified for membership of the Legislative Council by any law relating to offences connected with elections; or
(h) in the case of an elected member, is disqualified for election by any law by reason of his holding or acting in any office the functions of which involve—
(i) any responsibility for, or in connection with, the conduct of any election; or
(ii) any responsibility for the compilation or revision of any register of electors.
(2) For the purposes of subsection (1)(e) of this section—
(a) where a person is serving two or more sentences of imprisonment that are required to be served consecutively he shall, throughout the whole time during which he so serves, be regarded as serving a sentence exceeding twelve months if (but not unless) any one of those sentences exceeds that term; and
(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
(1) Subject to the provisions of this Constitution, an appointed member of the Legislative Council shall hold his seat therein during Her Majesty’s pleasure.
(2) Every appointed or elected member of the Legislative Council shall vacate his seat therein at the next dissolution of the Council after his appointment or election.
(3) An appointed or elected member of the Legislative Council shall also vacate his seat therein—
(a) if he resigns it by writing under his hand addressed to the Speaker;
(b) if, without the written permission of the Speaker, he is absent from three consecutive meetings of the Legislative Council;
(c) if he ceases to be ordinarily resident in the Islands;
(d) if he becomes a party to any contract with the Government of the Islands, or if any firm in which he is a partner or any company of which he is a director or manager becomes a party to any such contract, or if he becomes a partner in a firm or a director or manager of a company which is a party to any such contract, unless exempted by the Speaker from vacating his seat; or
(e) if any circumstances arise such that, if he were not a member of the Legislative Council, would cause him to be disqualified for appointment or election, as the case may be, by virtue of any provision of section 25(1) of this Constitution, other than paragraph (f).
(4)
(a) If circumstances such as are referred to in subsection (3)(e) of this section arise because a member is declared bankrupt, adjudged to be of unsound mind, under sentence of death or imprisonment or convicted or reported guilty of an offence relating to elections and it is open to the member to appeal against the decision (either with or without the leave of a court or other authority) he shall forthwith cease to perform his functions as a member of the Legislative Council, but, subject to paragraph (b) of this subsection, he shall not vacate his seat in the Council until the expiration of a period of thirty days thereafter:
Provided that the Governor, acting in his discretion, in the case of an appointed member, or the Speaker, in the case of an elected member, may at the request of the member, from time to time, extend that period to enable the member to pursue an appeal against the decision, save that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the Legislative Council.
(b) If, on the determination of any appeal, such circumstances as aforesaid continue to exist and no further appeal is open to the member, or if for any reason, including the refusal of leave to appeal or the expiration of any time limit for entering an appeal, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.
(c) If at any time before the member vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member.
(1) Subject to subsection (2) of this section, a person shall be qualified to be registered as an elector for the purpose of the election of members of the Legislative Council if, and shall not be so qualified unless, on the qualifying date—
(a) he has attained the age of eighteen years; and
(b) he is resident in the Islands and has been so resident for not less than twelve months, in the aggregate, out of the two years immediately preceding the qualifying date; and
(c) he falls into one of the following categories, that is to say—
(i) he was born in the Islands; or
(ii) he was born outside the Islands of a father or mother either of whom was born in the Islands; or
(iii) he has, under the law in force in the Islands regulating immigration, the status of “Belonger”.
(2) No person shall be qualified to be registered as an elector under this section who on the qualifying date—
(a) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Islands;
(b) is under sentence of death imposed on him by a court of law in any country or is serving a sentence of imprisonment (by whatever name called) for a term exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court; or
(c) is disqualified by or under any law in force in the Islands from being registered as an elector by reason of having been convicted of an offence relating to elections.
(3) Section 25(2) of this Constitution shall apply for the purpose of subsection (2)(b) of this section as it applies for the purpose of section 25(1)(e).
(4) In this section “qualifying date” means such date as may be appointed by or under any law as the date with reference to which the qualifications of persons for registration as electors, for the purpose of the election of members of the Legislative Council, are to be ascertained.
(5) A person registered as an elector shall be entitled to vote at an election unless he is prohibited from so doing by reason of his conviction, prior to the election, of an election offence which disqualifies him from voting:
Provided that no person shall be entitled to vote in an electoral district if—
(a) he is not registered as an elector in that district;
(b) he has voted in another electoral district; or
(c) he is in lawful custody.
(1) Subject to the provisions of this section, the Governor may appoint a Leader of the Opposition.
(2) The Governor shall appoint as the Leader of the Opposition—
(a) the member of the Legislative Council who, in the judgment of the Governor, is the leader of any opposition party whose numerical strength in the Council is greater than that of any other opposition party; or
(b) if there is no such party, the member of the Legislative Council who in the judgment of the Governor is best able to command the support of the members of the Council in opposition to the Government.
(3) If at any time between the polling in a general election and the next following dissolution of the Legislative Council the Governor is satisfied that, if the office of the Leader of the Opposition were then vacant, he would appoint thereto a person other than the person then holding that office, the Governor shall revoke the appointment of the Leader of the Opposition.
(4) The office of the Leader of the Opposition shall also become vacant—
(a) if for any reason other than a dissolution of the Legislative Council the holder thereof ceases to be a member of the Council; or
(b) if the holder thereof is appointed as the Chief Minister.
(5) In this section, “opposition party” means a group of members of the Legislative Council in opposition to the Government who are prepared to support one of their number as their leader.
(6) In the exercise of his functions under this section the Governor shall act in his discretion.
Any question as to whether a person is an ex officio member or an appointed member of the Legislative Council, or whether any such member has vacated his seat, shall be determined by the Governor acting in his discretion.
(1) The Supreme Court shall have jurisdiction to hear and determine any question as to whether—
(a) any person has been validly elected as a member of the Legislative Council; or
(b) an elected member of the Council has vacated his seat therein or is required by virtue of section 26(4) of this Constitution to cease to perform his functions as such member.
(2) An application to the Supreme Court for the determination of any question under subsection (1) of this section may be made by the Attorney General or by any person who is a registered elector; and an application for the determination of any question under paragraph (b) of that subsection may also be made by any member of the Legislative Council.
(1) Any person who sits or votes in the Legislative Council knowing, or having reasonable grounds for believing, that he is not entitled so to do shall be liable to a penalty not exceeding two hundred dollars for each day on which he so sits or votes.
(2) The penalty referred to in subsection (1) of this section shall be recoverable by action in the Supreme Court at the suit of the Attorney General.
(1) Subject to the provisions of this section, the sessions of the Legislative Council shall be held at such times and places as the Governor may appoint by proclamation published in the Gazette:
Provided that there shall be at least one session in every year and a session shall be held within one month after any general election.
(2) When the Council is in session, the Speaker may call meetings of the Council from time to time and, if no meeting has been called sooner, shall call a meeting within four months of the previous meeting or at any time when requested so to do by the Governor or by seven or more members of the Council.
(1) The Governor, acting in accordance with the advice of the Chief Minister, may at any time prorogue the Legislative Council by proclamation published in the Gazette .
(2) The Governor, acting after consultation with the Chief Minister, may at any time dissolve the Legislative Council by proclamation published in the Gazette .
(3) The Governor shall dissolve the Legislative Council at the expiration of four years from the date when the Council first meets after any general election (including the last general election before the commencement of this Constitution), unless it has been sooner dissolved.
(1) A general election shall be held at such time within three months after every dissolution of the Legislative Council as the Governor shall appoint by proclamation published in the Gazette.
(2) Whenever an elected member of the Legislative Council vacates his seat, for any reason other than a dissolution of the Council, an election shall be held to fill the vacancy, on such date as the Governor shall appoint by proclamation published in the Gazette , within three months of the occurrence of the vacancy unless the Council is sooner dissolved or will be dissolved under section 33(3) of this Constitution within four months of the occurrence of the vacancy.
(3) Whenever an appointed member of the Legislative Council vacates his seat, for any reason other than a dissolution of the Council, the Governor shall, as soon as practicable, appoint a person to fill the vacancy under section 23 of this Constitution.
Subject to the provisions of this Constitution, the Governor with the advice and consent of the Legislative Council may make laws for the peace, order and good government of the Islands.
(1) Subject to the provisions of this Constitution and of any Instructions under Her Majesty’s Sign Manual and Signet, the Legislative Council may make, amend and revoke Standing Orders for the regulation and orderly conduct of its own proceedings, and for the passing, intituling and numbering of Bills and their presentation to the Governor for assent, but such Standing Orders shall not have effect until approved by the Governor.
(2) Standing Orders made under this section may provide for the establishment of committees of the Council (in addition to the Standing Committees to be established under section 37 of this Constitution) and for the proceedings and conduct of business before any such committees.
(1) The Legislative Council shall establish at least two Standing Committees of the Council, each of which shall be charged with responsibility for monitoring the conduct of business of the Government for which responsibility has been assigned to a Minister or Ministers under section 12(1) of this Constitution.
(2) Each Standing Committee shall consist of members of the Legislative Council who are not Ministers.
(3) The composition of each Standing Committee shall, so far as possible, ensure that the representation of political parties in the Committee is proportionate to the numerical strength of those parties in the Legislative Council.
(4) At least one Standing Committee shall be presided over by a member of the Legislative Council in opposition to the Government.
(5) Each Standing Committee shall have power—
(a) to summon any Minister, or any public officer of a department of government for which a Minister is responsible, to appear before it;
(b) subject to any law or Standing Orders, to require any person so summoned to answer questions and provide information about the conduct of business of the Government by the Minister or department concerned;
(c) to report upon its activities to the Legislative Council.
(6) The Legislative Council shall publish reports submitted to it under subsection (5)(c) of this section.
(7) Subject to the foregoing provisions of this section, Standing Orders shall provide for the composition and functions of, and proceedings and conduct of business before, Standing Committees.
No member of the Legislative Council shall be permitted to take part in the proceedings of the Council, other than proceedings necessary for the purposes of this section, until he has made and subscribed before the Council an oath of allegiance in the form set out in Schedule 1 to this Constitution:
Provided that the election of a Speaker and Deputy Speaker may take place before the members of the Council make such oath.
(1) The Speaker or, in his absence, the Deputy Speaker or, if they are both absent, an elected or appointed member of the Legislative Council (not being a member of the Executive Council) elected by the elected and appointed members of the Legislative Council, shall preside in the Legislative Council.
(2) References in this section to absence of the Speaker or the Deputy Speaker shall include circumstances in which either office is vacant.
(1) Save as otherwise provided in this Constitution, all questions proposed for decision in the Legislative Council shall be determined by a majority of the votes of the members present and voting.
(2) The person presiding shall not vote unless on any question the votes are equally divided in which case he shall have and exercise a casting vote if, but not unless, in the case of the Speaker, he is an elected or appointed member.
The Turks and Caicos Islands Constitution Order 1988 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-1988-247
Contains public sector information licensed under the Open Government Licence v3.0.
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