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(1) This Order may be cited as the Turks and Caicos Islands Constitution Order 2011.
(2) This Order shall come into force on such day as the Governor, acting in his or her 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);
“the Constitution” means the Constitution set out in Schedule 2;
“the existing Constitution” means the Constitution set out in Schedule 2 to the Turks and Caicos Islands Constitution Order 2006 as amended and supplemented by the Turks and Caicos Islands Constitution (Interim Amendment) Order 2009 and the Turks and Caicos Islands (Interim Amendment) (Amendment) Order 2010 .
(2) Section 131 of the Constitution shall apply for the purposes of interpreting sections 1 to 14 of this Order and otherwise in relation to those sections as it applies for the purposes of interpreting and in relation to the Constitution.
The instruments specified in Schedule 1 are revoked with effect from the appointed day.
Schedule 2 shall have effect as the Constitution of the Turks and Caicos Islands from the appointed day; but the Governor, acting in his or her discretion and with the prior approval of a Secretary of State, may by proclamation published in the Gazette provide that any provisions of the Constitution shall not come into force until such later day or days as he or she in like manner may appoint, and in that case such provisions shall come into force on the day or days so appointed.
(1) Subject to 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 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 the Governor to be necessary or expedient for bringing that law into conformity with the Constitution or otherwise for giving effect or enabling effect to be given to the Constitution; and any existing law shall have effect accordingly from such day (not being earlier than the appointed day) as may be specified in such regulations.
(3) Regulations made under this section may be amended or revoked in relation to any existing law affected by them 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 under them) having effect as part of the law of the Turks and Caicos Islands immediately before the appointed day.
(1) Any office (except those of member of the Advisory Council and member of the Consultative Forum) established by or under the existing Constitution and existing immediately before the appointed day shall on and after that day, so far as consistent with 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 continued by virtue of subsection (1) shall, on and after that day, continue to hold or act in that office as if he or she had been appointed to hold or act in it in accordance with or under the Constitution.
(3) Any person to whom subsection (2) applies who, before the appointed day, has made any oath or affirmation required to be made before assuming the functions of his or her office shall be deemed to have made any like oath or affirmation so required by the Constitution or any other law.
(1) Notwithstanding anything in the Constitution or any other law, the office of Chief Financial Officer shall continue on and after the appointed day to have the functions which had earlier been lawfully conferred on that office and which subsist immediately before that day, until such time as the Governor, acting in his or her discretion and with the prior approval of a Secretary of State, determines otherwise by notice published in the Gazette.
(2) Nothing in subsection (1) shall prevent additional functions being conferred on the office of Chief Financial Officer by the Governor, acting in his or her discretion, or by or under any Ordinance.
(1) The Governor shall, by proclamation published in the Gazette , appoint a date for the holding of a general election to the House of Assembly, and such date shall be not later than 30 days after the appointed day.
(2) The period for nomination of candidates for election at the general election shall be closed not later than fifteen days before the date appointed under subsection (1).
The Standing Orders of the House of Assembly established by the existing Constitution in the form in which they were last in force before the appointed day shall, except as may be otherwise provided under section 63 of the Constitution, have effect on and after that day as if they had been made under that section as Standing Orders of the House of Assembly established by the Constitution, but they shall be read and construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
Until a person is appointed to the office of Director of Public Prosecutions in accordance with the Constitution, the Attorney General shall perform the functions of that office.
(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.
(1) The remuneration, allowances, and terms and conditions of service payable or applicable immediately before the appointed day to each judge of the Supreme Court, each judge of the Court of Appeal and each magistrate shall, until it is otherwise provided under section 84 of the Constitution, continue to be payable or to apply to that judge or, as the case may be, that magistrate.
(2) The remuneration and allowances payable immediately before the appointed day to any person holding office as, or as a member of, any of the institutions protecting good governance shall, until it is otherwise provided under section 97 of the Constitution, continue to be payable to that person.
(3) The remuneration and allowances payable, immediately before the House of Assembly established by the existing Constitution was last dissolved before the appointed day, to the Speaker and the other members of that House of Assembly shall, until it is otherwise provided under section 124 of the Constitution, be payable to the Speaker and the other members of the House of Assembly established by the Constitution.
(4) The remuneration and allowances payable immediately before the appointed day to any person holding any office to which section 125 of the Constitution applies shall, until it is otherwise provided under that section, continue to be payable to that person.
Where, prior to the general election referred to in section 8(1), the Governor is required by the Constitution to exercise a function after consultation with, or in accordance with the advice of, a body which does not exist or the holder of an office which is vacant, the Governor may exercise that function in his or her discretion if in the judgement of the Governor it is necessary or expedient to exercise that function before that body exists or that office is filled.
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.
Whereas every person in the Islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, without distinction of any kind, such as race, national or social origin, political or other opinion, colour, religion, language, creed, association with a national minority, property, sex, sexual orientation, birth or other status, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely—
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for his or her private and family life, the privacy of his or her home and other property and from deprivation of property save in the public interest and on payment of fair compensation,
the subsequent provisions of this Part shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, and related rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said protected rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Oath of Allegiance
I.......................do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law. So help me God.
(1) Every person’s right to life shall be protected by law.
(2) No person shall be deprived intentionally of his or her life.
(3) A person shall not be regarded as having been deprived of his or her life in contravention of this section if he or she dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is no more than absolutely necessary—
(a) for the defence of any person from violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or
(c) in action lawfully taken for the purpose of suppressing a riot, insurrection or mutiny,
or if he or she dies as a result of a lawful act of war.
Oath for the due execution of the office of Governor
I……………......do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors in the office of Governor of the Turks and Caicos Islands. So help me God.
No person shall be subjected to torture or to inhuman or degrading treatment or punishment.
Oath for the due execution of office of a member of the Cabinet
I………………..do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors in the office of member of the Cabinet. So help me God.
(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced or compulsory labour.
(3) For the purposes of this section, “forced or compulsory labour” does not include—
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of a member of a disciplined force in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service in a naval, military or air force, any labour that that person is required by law to perform in place of such service;
(c) labour required of any person while he or she is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place in which he or she is detained; or
(d) any labour required during a period of public emergency or in the event of any other emergency or calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation.
Judicial Oath
I………………..do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors in the office of…………………and will do right to all manner of people after the laws and usages of the Turks and Caicos Islands, without fear or favour, affection or ill will. So help me God.
(1) Every person has the right to liberty and security of person.
(2) No person shall be deprived of his or her personal liberty save in accordance with a procedure prescribed by law in any of the following cases—
(a) in execution of the sentence or order of a court, whether established for the Islands or some other country, in respect of a criminal offence of which he or she has been convicted or in consequence of his or her unfitness to plead to a criminal charge;
(b) in execution of the order of a court punishing him or her for contempt of that court or of another court;
(c) in execution of the lawful order of a court made in order to secure the fulfilment of any obligation imposed on him or her by law;
(d) for the purpose of bringing him or her before a court in execution of the lawful order of a court;
(e) on reasonable suspicion that he or she has committed, is committing or is about to commit a criminal offence;
(f) in the case of a minor, under the order of a court or with the consent of his or her parent or legal guardian, for the purpose of his or her education or welfare;
(g) for the purpose of preventing the spread of an infectious or contagious disease or in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his or her care or treatment or the protection of the community;
(h) for the purpose of preventing the unlawful entry of that person into the Islands or for the purpose of effecting the expulsion, extradition or other lawful removal from the Islands of that person or the taking of proceedings relating thereto.
(3) Any person who is arrested or detained shall be informed promptly, in a language that he or she understands, of the reasons for his or her arrest or detention and of any charge against him or her.
(4) Any person who is arrested or detained shall have the right, at any stage and at his or her own expense, to retain and instruct without delay a legal representative of his or her own choice, and to hold private communication with that representative, and in the case of a minor he or she shall also be afforded a reasonable opportunity for communication with his or her parent or legal guardian; but when the person arrested or detained is unable to retain a legal representative of his or her own choice or be represented by a legal representative at the public expense, he or she may be represented, and hold private communication with, such person as a court may approve.
(5) Every person who is arrested shall be informed, as soon as he or she is brought to a police station or other place of custody, of his or her rights under subsection (4); and he or she shall also have the right, and shall be informed at the same time that he or she has the right, to remain silent and to have one person informed by the quickest practicable means of his or her arrest and his or her whereabouts.
(6) Any person who is arrested or detained in such a case as is mentioned in subsection (2)(d) or (e) and who is not released shall be brought promptly before a judge or other officer authorised to exercise judicial power; and if any person arrested or detained in such a case as is mentioned in subsection (2)(e) is not tried within a reasonable time he or she shall (without prejudice to any further proceedings that may be brought against him or her) be released either unconditionally or on reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or for proceedings preliminary to trial.
(7) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation in respect of it from that other person.
Affirmations
In the forms respectively set forth, for the word “swear” there shall be substituted the words “solemnly and sincerely affirm and declare”, and the words “So help me God” shall be omitted.
(1) If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence—
(a) shall be presumed to be innocent until he or she is proved guilty according to law;
(b) shall be informed promptly, in a language that he or she understands and in detail, of the nature and cause of the accusation against him or her;
(c) shall be given adequate time and facilities for the preparation of his or her defence;
(d) shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice or, when the interests of justice so require, by a legal representative at the public expense;
(e) shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and
(f) shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand or speak the language used at the trial of the charge;
and, except with his or her own consent, the trial shall not take place in his or her absence, unless he or she so behaves in the court as to render the continuance of the proceedings in his or her presence impracticable and the court has ordered him or her to be removed and the trial to proceed in his or her absence, or unless, having had reasonable notice of the hearing and of the nature of the offence charged, he or she is voluntarily absent from the proceedings.
(3) When a person is tried for any criminal offence, the accused person or any person authorised by him or her shall, if he or she so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) No person who shows that he or she has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he or she could have been convicted at the trial for that offence, save on the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he or she shows that he or she has been lawfully pardoned for that offence.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such determination are instituted by any person before such a court or other adjudicating authority, the case shall be determined fairly within a reasonable time.
(9) All proceedings instituted in any court for the determination of the existence or extent of any civil right or obligation or to try any criminal charge, including the announcement of the decision of the court, shall be held in public.
(10) Nothing in subsection (9) shall prevent the court from excluding from the proceedings persons other than the parties and their legal representatives to such extent as the court—
(a) may be empowered by law to do so and may consider strictly necessary or expedient in circumstances where publicity would prejudice the interests of justice, or in interlocutory proceedings or in the interests of the welfare of minors or the private lives of persons concerned in the proceedings; or
(b) may be empowered or required by law to do so in the interests of defence, public safety, public order or public morality.
(11) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of—
(a) subsection (2)(a) to the extent that the law in question imposes on any person charged with a criminal offence the burden of proving particular facts;
(b) subsection (2)(e) to the extent that the law in question imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds;
(c) subsection (5) to the extent that the law in question authorises a court to try a member of a disciplined force for a criminal offence notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force; but any court so trying such a member and convicting him or her shall in sentencing him or her to any punishment take into account any punishment imposed on him or her under that disciplinary law.
(12) Every person convicted of a criminal offence by a court shall have the right to have his or her conviction or sentence reviewed by a higher court; and the exercise of this right, including the grounds on which it may be exercised, shall be governed by law.
(13) The right referred to in subsection (12) may be subject to exceptions in regard to offences of a minor character, as prescribed by law, or in cases in which the person concerned was tried in the first instance by the highest court or was convicted following an appeal against acquittal.
(14) When a person has by a final decision been convicted of a criminal offence and when subsequently his or her conviction has been reversed, or he or she has been pardoned, on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.
(1) Everyone is equal before the law and has the right to equal protection and benefit of the law.
(2) Subject to such limitations as are prescribed by law, equality includes the full and equal enjoyment of all rights and freedoms.
(1) All persons deprived of their liberty (in this section referred to as “prisoners”) have the right to be treated with humanity and with respect for the inherent dignity of the human person.
(2) Save where the interests of defence, public safety, public order, public morality or the administration of justice otherwise require, unconvicted prisoners shall be segregated from convicted prisoners; and every unconvicted prisoner shall be entitled to be treated in a manner appropriate to his or her status as such.
(3) Juvenile prisoners shall be segregated from adult prisoners and every juvenile prisoner shall be treated in a manner appropriate to his or her age and legal status and, if he or she is an unconvicted prisoner and unless he or she is earlier released, shall have any criminal proceedings against him or her pursued with the greatest possible expedition.
(1) Every person has the right to respect for his or her private and family life, his or her home and his or her correspondence, and except with his or her own consent, no person shall be subjected to the search of his or her person or his or her property or the entry by others on his or her premises.
(2) Nothing in any law or done under its authority shall be held to contravene this section to the extent that it is reasonably justifiable in a democratic society—
(a) in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development of mineral resources, or the development or utilisation of any other property in such a manner as to promote the public benefit;
(b) for the purpose of protecting the rights and freedoms of other persons;
(c) for the prevention or detection of offences against the criminal law or the customs law;
(d) to enable an officer or agent of the Government, a local government authority or a body corporate established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything on them for the purpose of any tax, rate or due or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government or that authority or body corporate, as the case may be; or
(e) to authorise, for the purpose of enforcing the judgment or order of a court, the search of any person or property by order of a court or the entry on any premises by such order.
(1) Every unmarried man and woman of marriageable age (as determined by or under any law) has the right to marry a person of the opposite sex and found a family.
(2) No person shall be compelled to marry, that is to say, to do so without his or her free and full consent.
(3) Nothing in any law or done under its authority shall be held to contravene subsection (1) to the extent that it is reasonably justifiable in a democratic society—
(a) in the interests of public order, public morality or public health;
(b) for regulating, in the public interest, the procedures and modalities of marriage; or
(c) for protecting the rights and freedoms of other persons.
(4) Spouses shall be entitled to equal rights and shall be subject to equal responsibilities as between themselves and as regards their children both during marriage and, if the marriage is dissolved, on and after dissolution, but this equality of rights and responsibilities shall be subject to such arrangements or measures as may be agreed, or as may be ordered by a court, in the interests of their children.
(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his or her religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his or her religion or belief in worship, teaching, practice and observance.
(2) Except with his or her consent (or, if he or she is a minor, the consent of his or her parent or legal guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance.
(3) No religious community or denomination shall be prevented from or hindered in providing religious instruction for persons of that community or denomination in the course of any education provided by that community or denomination whether or not that community or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such education.
(4) No person shall be compelled to take any oath which is contrary to his or her religion or belief or to take any oath in a manner which is contrary to his or her religion or belief.
(5) Nothing in any law or done under its authority shall be held to contravene this section to the extent that it is reasonably justifiable in a democratic society—
(a) in the interests of defence, public safety, public order, public morality or public health; or
(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practise any religion or belief without the unsolicited interference of persons professing any other religion or belief.
(6) Every person who is a parent or legal guardian has the right to respect for his or her liberty to ensure the religious and moral education of his or her children in conformity with his or her own convictions.
(7) References in this section to a religion shall be construed as including references to a religious denomination, and cognate expressions shall be construed accordingly.
(1) This section is without prejudice to section 11.
(2) Every child of the appropriate age, as provided by law, shall be entitled to receive primary education which shall, subject to subsection (3), be free.
(3) Every person who is the parent or legal guardian of a child shall be entitled to have his or her child (of whatever age) educated, at his or her own expense unless a law otherwise provides, in a private school (that is to say, a school other than one established by a public authority) and, in such a school, to ensure the religious and moral education of his or her child in accordance with his or her own convictions.
(4) Nothing in any law or done under its authority shall be held to contravene subsection (3) to the extent that it is reasonably justifiable in a democratic society and to the extent that the law in question makes provision requiring private schools, as a condition of their being allowed to operate and on terms no more onerous than are applicable to schools established by a public authority, to satisfy—
(a) such minimum educational standards (including standards relating to the qualifications of teaching staff and other staff) as may be prescribed by or under that or any other law; and
(b) such minimum standards imposed in the interests of public order, public morality or public health as may be so prescribed.
(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of expression, and for the purposes of this section the said freedom includes freedom to hold opinions without interference, freedom to receive and impart (to the public generally or to any person or class of persons) ideas and information without interference, and freedom from interference with his or her correspondence or other means of communication.
(2) Nothing in any law or done under its authority shall be held to contravene this section to the extent that it is reasonably justifiable in a democratic society—
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights, reputations and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating telephony, telegraphy, posts, wireless broadcasting, television or other means of communication or regulating public exhibitions or public entertainments; or
(c) for the imposition of restrictions on public officers or teachers that are reasonably required for the purpose of ensuring the proper performance of their functions.
(3) For the purposes of subsection (2)(c) in so far as it relates to public officers, “law” in that subsection includes directions in writing regarding the conduct of public officers generally or any class of public officer issued by the Government.
(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of peaceful assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the promotion and protection of his or her interests.
(2) Nothing in any law or done under its authority shall be held to contravene this section to the extent that it is reasonably justifiable in a democratic society—
(a) in the interests of defence, public safety, public order, public morality or public health;
(b) for the purpose of protecting the rights and freedoms of other persons; or
(c) for the imposition of restrictions on public officers that are reasonably required for the purpose of ensuring the proper performance of their functions.
(3) For the purposes of subsection (2)(c), “law” in that subsection includes directions in writing regarding the conduct of public officers generally or any class of public officer issued by the Government.
(4) The registration and regulation of political parties shall be provided for by Ordinance.
(1) Except with his or her consent, no person shall be hindered in the enjoyment of his or her freedom of movement, that is to say, the right to move freely throughout the Islands, the right to reside in any part of the Islands, the right to enter or leave the Islands and immunity from expulsion from the Islands.
(2) Nothing in any law or done under its authority shall be held to contravene this section to the extent that the law in question makes provision—
(a) for the imposition of restrictions on the movement or residence within the Islands or on the right to leave the Islands of persons generally or any class of persons that are reasonably justifiable in a democratic society—
(i) in the interests of defence, public safety, public order, public morality or public health; or
(ii) for the purpose of protecting the rights and freedoms of other persons;
(b) for the removal of a person from the Islands to be tried or punished in some other country for a criminal offence under the law of that country or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offence under the law of the Islands of which he or she has been convicted;
(c) for the imposition of restrictions on the movement or residence within the Islands or the right to leave the Islands of public officers that are reasonably required for the purpose of ensuring the proper performances of their functions;
(d) for the imposition of restrictions on persons who are not Turks and Caicos Islanders; but—
(i) no restriction may be imposed by virtue only of this paragraph on the right of any such person, so long as he or she is lawfully present in the Islands, to move freely throughout the Islands and to reside anywhere in the Islands;
(ii) no restriction may be imposed by virtue only of this paragraph on the right of any such person to leave the Islands; and
(iii) no such person shall be liable, by virtue only this paragraph, to be expelled from the Islands unless the requirements specified in subsection (4) are satisfied;
(e) for the imposition of restrictions on the acquisition or use by any person of land or other property in the Islands;
(f) for the imposition of restrictions, by order of a court, on the movement or residence within the Islands of any person or on any person’s right to leave the Islands either in consequence of his or her having been found guilty of a criminal offence under the law of the Islands or for the purpose of ensuring a fair trial or that he or she appears before a court at a later date for trial of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his or her extradition or lawful removal from the Islands; or
(g) for the imposition of restrictions on the right of any person to leave the Islands that are reasonably justifiable in a democratic society in order to secure the fulfilment of any obligation imposed on that person by law.
(3) For the purposes of subsection (2)(c), “law” in that subsection includes directions in writing regarding the conduct of public officers generally or any class of public officer issued by the Government.
(4) The requirements to be satisfied for the purposes of subsection (2)(d) (that is to say, before a person who is not a Turks and Caicos Islander may be expelled from the Islands) are as follows—
(a) the decision to expel him or her is taken by an authority, in a manner and on grounds prescribed by law;
(b) he or she has the right, save where the interests of defence, public safety or public order otherwise require, to submit reasons against his or her expulsion to a competent authority prescribed by law;
(c) he or she has the right, save as aforesaid, to have his or her case reviewed by a competent authority prescribed by law; and
(d) he or she has the right, save as aforesaid, to be represented for the purposes of paragraphs (b) and (c) before the competent authority or some other person or authority designated in that behalf by the competent authority.
(5) Any restriction on a person’s freedom of movement which is involved in his or her lawful detention shall not be held to contravene this section.
(1) Subject to subsections (4), (5) and (8), no law shall make any provision which is discriminatory either of itself or in its effect.
(2) Subject to subsections (6), (8) and (9), no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.
(3) In this section, “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions such as by race, national or social origin, political or other opinion, colour, religion, language, creed, association with a national minority, property, sex, sexual orientation, birth or other status whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) shall not apply to any law so far as that law makes provision—
(a) for the appropriation of revenues or other funds of the Islands or for the imposition of taxation (including the levying of fees for the grant of licences);
(b) with respect to the entry into or exclusion from, or the employment, engaging in any business or profession, movement or residence within, the Islands of persons who are not Turks and Caicos Islanders;
(c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons) of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description; or
(d) whereby persons of any such description as is mentioned in subsection (3) may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to contravene subsection (1) to the extent that it requires a person to be a Turks and Caicos Islander or to possess any other qualification (not being a qualification specifically relating to any such description as is mentioned in subsection (3)) in order to be eligible for appointment to any office in the public service or in a disciplined force or any office in the service of a local government authority or of a body corporate established directly by any law for public purposes.
(6) Subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5).
(7) Subject to subsection (8), no person shall be treated in a discriminatory manner in respect of access to any of the following places to which the general public have access, namely, shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment or places of resort.
(8) Nothing contained in or done under the authority of any law shall be held to contravene this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restrictions on the rights and freedoms guaranteed by sections 9, 10, 11, 12, 13, 14 and 15, being such a restriction as is authorised by section 9(2)(a), 10(3), 11(5), 12(4), 13(2), 14(2) or 15(2)(a), as the case may be.
(9) Nothing in subsection (2) shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.
(1) There shall be no interference with the peaceful enjoyment of property and no property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say—
(a) the interference, taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public morality, public health, town and country planning or the development or utilisation of any property in such a manner as to promote the public benefit or the economic well-being of the community; and
(b) there is a reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and
(c) provision is made by a law applicable to that interference, taking of possession or acquisition—
(i) for the prompt payment of adequate compensation;
(ii) securing to any person having an interest in or right over the property a right of access to the Supreme Court, whether direct or on appeal from any other authority, for the determination of his or her interest or right, the legality of the interference with, taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he or she is entitled, and for the purpose of obtaining prompt payment of that compensation; and
(iii) giving to any party to proceedings in the Supreme Court relating to such a claim the same rights of appeal as are accorded generally to parties to civil proceedings in that Court sitting as a court of original jurisdiction.
(2) Nothing in any law or done under its authority shall be held to contravene subsection (1)—
(a) to the extent that the law in question makes provision for the interference with, taking of possession or acquisition of any property, interest or right—
(i) in satisfaction of any tax, rate or due;
(ii) by way of penalty for breach of any law or forfeiture in consequence of a breach of any law;
(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;
(iv) by way of the taking of a sample for the purposes of any law;
(v) where the property consists of an animal on its being found trespassing or straying;
(vi) in the execution of judgments or orders of a court;
(vii) by reason of its being in a dilapidated or dangerous state or injurious to the health of human beings, animals or plants;
(viii) in consequence of any law with respect to prescription or the limitation of actions; or
(ix) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry, or, in the case of land, for the purposes of carrying out on it work of reclamation, drainage, soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has, without reasonable and lawful excuse, refused or failed, to carry out),
provided that the provision or, as the case may be, the thing done under its authority is reasonably justifiable in a democratic society; or
(b) to the extent that the law in question makes provision for the taking of possession or acquisition of any of the following property (including an interest in or right over property), that is to say—
(i) enemy property;
(ii) property of a deceased person, a person of unsound mind or a minor, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest in it;
(iii) property of a person adjudged bankrupt or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the bankrupt or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or
(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust.
(3) Nothing in any law or done under its authority shall be held to contravene subsection (1) to the extent that the law in question makes provision for the interference with or compulsory taking of possession in the public interest of property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no moneys have been invested other than moneys provided from public funds.
(1) The Legislature and the Government shall, in all their decisions, have due regard to the need to foster and protect an environment that is not harmful to the health or well-being of present and future generations, while promoting justifiable economic and social development.
(2) To this end the Legislature and the Government should adopt reasonable legislative and other measures to protect the built heritage, the wildlife and the land and sea biodiversity of the Islands that—
(a) limit pollution and ecological degradation;
(b) promote conservation and biodiversity; and
(c) secure ecologically sustainable development and use of natural resources.
(1) All decisions and acts of the Government and of persons acting on its behalf must be lawful, rational, proportionate and procedurally fair.
(2) Every person whose interests have been adversely affected by such a decision or act has the right to request and be given written reasons for that decision or act.
(1) Nothing contained in or done under the authority of any regulation made under the Emergency Powers Orders in Council 1939 to 1973 or any other law in force in the Islands to like effect shall be held to be inconsistent with or in contravention of section 5, section 6 other than subsections (4), (5) and (6) or any provision of sections 7 to 19 (inclusive) to the extent that the regulation in question makes in relation to a period of public emergency provision, or authorises the doing during any such period of anything, that is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purpose of dealing with that situation.
(2) When a person is detained by virtue of any regulation mentioned in subsection (1) the following provisions shall apply—
(a) notification shall, not more than four days after the commencement of his or her detention, be published in a public place (and thereafter as soon as possible in the Gazette ) stating that he or she has been detained and giving particulars of the provision of law by virtue of which his or her detention is authorised;
(b) he or she shall (if not sooner released), as soon as reasonably practicable and in any case not more than two days after the commencement of his or her detention, be informed, in a language that he or she understands, of the grounds on which he or she is detained and furnished with a written statement;
(c) his or her case shall, not more than 30 days after the commencement of his or her detention and thereafter during the detention at intervals of not more than three months, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice;
(d) he or she shall be afforded reasonable opportunity to consult a legal representative of his or her own choice and to hold private communication with such legal representative; and
(e) he or she shall, at the hearing of his or her case by the tribunal appointed for its review, be permitted to appear in person or by a legal representative of his or her own choice.
(3) For the purposes of subsection (2)(d) and (e), if the detained person is unable to retain a legal representative of his or her own choice, the tribunal may approve such person as it deems fit to make representations to it, but nothing in subsection (2)(d) or (e) shall be construed as entitling a detained person to legal representation at public expense.
(4) On any review by a tribunal of the case of a detained person under this section, the tribunal may make recommendations concerning the necessity or expediency of continuing his or her detention to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations; but if the authority does not act in accordance with such recommendations it shall provide the tribunal with written reasons.
(1) If any person alleges that any of the foregoing provisions of this Part has been, is being or is likely to be contravened in relation to him or her, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.
(2) The Supreme Court shall have original jurisdiction—
(a) to hear and determine any application made by any person in pursuance of subsection (1); and
(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3),
and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the foregoing provisions of this Part to the protection of which the person concerned is entitled; but the Supreme Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.
(3) If, in any proceedings in any court established in the Islands other than the Supreme Court or the Court of Appeal, any question arises as to the contravention of any of the foregoing provisions of this Part, the court in which the question has arisen shall refer the question to the Supreme Court, unless, in its opinion, the raising of the question is merely frivolous or vexatious.
(4) An appeal shall lie as of right to the Court of Appeal from any final determination of any application or question by the Supreme Court under this section, and an appeal shall lie as of right to Her Majesty in Council from the final determination by the Court of Appeal of the appeal in any such case; but no appeal shall lie from a determination by the Supreme Court under this section dismissing an application on the ground that it is frivolous or vexatious.
(5) The Legislature may by law confer on the Supreme Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred on it by this section.
(6) Any such law may make, or provide for the making of, provision with respect to the practice and procedure—
(a) of the Supreme Court in relation to the jurisdiction and powers conferred on it by or under this section;
(b) of the Supreme Court or the Court of Appeal in relation to appeals under this section from determinations of the Supreme Court or the Court of Appeal; and
(c) of other courts in relation to references to the Supreme Court under subsection (3),
including provision with respect to the time within which any application, reference or appeal shall or may be made or brought.
(7) In determining any question which has arisen in connection with the interpretation or application of any of the foregoing provisions of this Part, every court shall take into account any—
(a) judgment, decision, declaration or advisory opinion of the European Court of Human Rights;
(b) decision of the European Commission of Human Rights (“the Commission”) given in a report adopted under Article 31 of the Convention;
(c) decision of the Commission in connection with Article 26 or 27(2) of the Convention;
(d) decision of the Committee of Ministers of the Council of Europe (“the Committee of Ministers”) taken under Article 46 of the Convention;
(e) judgment, decision or declaration of a superior court in the United Kingdom on the interpretation or application of the Convention,
whenever made or given, so far as, in the opinion of the court, it is relevant to the proceedings in which that question has arisen.
(8) In subsection (7), references to the Convention are references to it as it has effect for the time being, except that—
(a) the references in subsection (7)(b) and (c) to Articles 31, 26 and 27(2) are references to those Articles as they respectively had effect immediately before the coming into force of the Eleventh Protocol;
(b) the reference in subsection (7)(d) to Article 46 includes a reference to Articles 32 and 54 as they had effect immediately before the coming into force of the Eleventh Protocol; and
(c) the references in subsection (7) to a report or decision of the Commission or a decision of the Committee of Ministers include references to a report or decision made as provided by paragraphs 3, 4 and 6 of Article 5 of the Eleventh Protocol (transitional provisions).
(9) In subsections (7) and (8) —
“the Convention” means the European Convention on Human Rights;
“the Eleventh Protocol” means the protocol to the Convention (restructuring the control machinery established by it) agreed at Strasbourg on 11 May 1994; and
“a superior court in the United Kingdom” means any of the following—
the High Court or the Court of Appeal in England;
the High Court of Justiciary or the Court of Session in Scotland;
the High Court or the Court of Appeal in Northern Ireland;
the House of Lords or the Supreme Court; and
the Judicial Committee of the Privy Council.
(1) In this Part, unless it is otherwise expressly provided or required by the context—
“contravene” in relation to any requirement includes fail to comply with that requirement, and cognate expressions shall be construed accordingly;
“court” means any court of law or tribunal having jurisdiction in the Islands, including Her Majesty in Council, but excepting, save in section 4, a court constituted by or under disciplinary law;
“disciplinary law” means a law regulating the discipline of any disciplined force;
“disciplined force” means—
a naval, military or air force;
any police force or prison service of the Islands;
“legal representative” means a person entitled to practise in the Islands as an attorney;
“member” in relation to a disciplined force includes any person who, under the law regulating the discipline of that force, is subject to that discipline;
“minor” means a person who has not attained the age of eighteen years;
“period of public emergency” means any period during which—
Her Majesty is at war; or
there is in force in the Islands a proclamation of emergency under the Emergency Powers Orders in Council 1939 to 1973 or under any other law in force in the Islands to like effect.
(2) In relation to any person who is a member of a disciplined force raised under the law of the Islands, nothing contained in or done under the authority of the disciplinary law of that force shall be held to contravene the provisions of this Part other than sections 2, 3 and 4.
(3) In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in the Islands, nothing contained in or done under the authority of the disciplinary law of that force shall be held to contravene any provisions of this Part.
(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 on him or her 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 or her and, subject to this Constitution and, in the case of functions conferred on the Governor by or under any other law, subject to that law, shall perform all such functions (including functions which are expressed by this Constitution to be exercisable in his or her discretion or in his or her judgement) according to such instructions, if any, as may be given to him or her by Her Majesty through a Secretary of State; but 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 the Schedule 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 Consolidated Fund.
(1) There shall be a Deputy Governor who shall be a Turks and Caicos Islander and shall be appointed by the Governor in pursuance of instructions given by Her Majesty through a Secretary of State, and who shall hold office during Her Majesty’s pleasure.
(2) If the office of Deputy Governor is vacant or the person holding that office is acting in the office of Governor under section 26 or is for any reason unable to perform the functions of the office of Deputy Governor, then the Governor, acting in his or her discretion, may appoint a person who is a Turks and Caicos Islander to act as Deputy Governor and any such person shall continue so to act until his or her appointment is revoked by the Governor, acting in his or her discretion.
(3) The Deputy Governor shall act in support of the Governor and, under the authority of the Governor, shall be the head of the public service.
(4) The Governor, acting in his or her discretion, may give directions to the Deputy Governor as to the exercise of the responsibilities referred to in subsection (3), and the Deputy Governor shall comply with any such directions.
(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 that office, those functions shall, during Her Majesty’s pleasure, be assumed and performed by the person holding the office of—
(a) Deputy Governor; or
(b) Attorney General; or
(c) Permanent Secretary, Finance,
in that order, or by such other person as Her Majesty may designate 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 the Schedule 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 or her that he or she is about to assume or resume those functions.
(4) For the purposes of this section (and without prejudice to section 131(3)), the Governor shall not be regarded as absent from the Islands or as unable to perform the functions of his or her office at any time when there is a subsisting appointment under section 27.
(1) Whenever the Governor—
(a) has occasion to be absent from the seat of government but not from the Islands;
(b) has occasion to be absent from the Islands for a period which he or she has reason to believe will be of short duration; or
(c) is suffering from an illness which he or she has reason to believe will be of short duration,
the Governor may, by instrument in writing, appoint one of the persons holding one of the offices mentioned in paragraph (a), (b) or (c) of section 26(1), in that order, or if no such person is available, such other person as he or she may designate, during such absence or illness to perform on his or her 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 an appointment under this section and, subject to this Constitution and any other law, a person so appointed shall comply with all instructions that may from time to time be given to him or her by Her Majesty through a Secretary of State or by the Governor; but the question whether or not that person has in any matter complied with any such instructions shall not be inquired into by any court.
(3) A person appointed under this section shall not continue to perform his or her functions as such after the Governor, or some other person with a prior right of appointment under subsection (1), has notified him or her that he or she is about to resume or assume those functions.
(4) Subject to subsection (3), a person appointed under this section shall hold that appointment for such period as may be specified in the instrument by which he or she is appointed, but his or her 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 person appointed under this section.
(6) In the exercise of any power conferred on him or her by this section the Governor shall act in his or her discretion.
(1) A Secretary of State may at any time issue a Statement of Governance Principles and amend or replace any such Statement.
(2) Before issuing any Statement of Governance Principles or any amendment of such a Statement, a Secretary of State shall allow four weeks to expire during which—
(a) the Government and the Leader of the Opposition shall be consulted on a draft of the Statement or amendment; and
(b) the House of Assembly shall debate a draft of the Statement or amendment,
and the Secretary of State shall give due consideration to any changes to the draft proposed as a result of such consultation or debate.
(3) Any Statement of Governance Principles, and any amendment of such a Statement, shall be issued by instrument in writing which shall be published in the Gazette and in any other way that the Governor, acting in his or her discretion, thinks fit.
(4) In exercising their functions, all organs of government in the Islands have a duty to give effect to the Statement of Governance Principles for the time being in effect.
(5) No court shall find that any act or omission of an organ of government was unlawful on account only of a failure to give effect to the Statement of Governance Principles for the time being in effect.
(6) Subject to subsection (5), the Supreme Court may enquire, but only on an application for judicial review, whether or not any organ of government has acted rationally and with procedural propriety in relation to giving effect to the Statement of Governance Principles for the time being in effect.
(7) The Premier or the House of Assembly may at any time request a Secretary of State to amend a Statement of Governance Principles following the procedure set out in subsection (2), and the Secretary of State shall provide reasons in writing if he or she declines such a request.
(1) Subject to this section, the Governor shall consult the Cabinet on the formulation of policy and in the exercise of all functions conferred on him or her by this Constitution or any other law, except—
(a) when acting under instructions given to him or her by Her Majesty through a Secretary of State;
(b) when exercising any function conferred on the Governor by this Constitution or any other law which is expressed to be exercisable by the Governor in his or her discretion or in his or her judgement or in accordance with the recommendation or advice of, or after consultation with, any person or authority other than the Cabinet; or
(c) subject to section 37(5), in any case which, in his or her judgement, involves a matter for which he or she is responsible under section 37(1).
(2) In any case in which the Governor is required by this section to consult the Cabinet, he or she shall, subject to section 37(5), act in accordance with the advice given to him or her by the Cabinet unless—
(a) the Governor is instructed by Her Majesty through a Secretary of State to do otherwise; or
(b) the Governor, acting in his or her discretion, decides to do otherwise in order to ensure compliance with the Statement of Governance Principles for the time being in effect.
(3) In any case where the Governor proposes not to act in accordance with the advice of the Cabinet on the ground specified in subsection (2)(b), he or she shall within seven days notify the Cabinet and inform the Cabinet in writing of his or her reasons for not so acting and the respects in which the advice is inconsistent with the Statement of Governance Principles for the time being in effect.
(4) The Governor may decide not to act in accordance with the advice of the Cabinet on the ground specified in subsection (2)(b) only with the prior approval of a Secretary of State unless, in the Governor’s judgement, the matter is so urgent that it is necessary to do so without such approval; and in that case the Governor shall, as soon as practicable, report his or her action and the reasons for it to a Secretary of State.
(5) A Secretary of State shall respond as soon as practicable to any request by the Governor for approval under subsection (4).
(6) The Premier shall have the right to submit to a Secretary of State comments in writing on the Governor’s reasons for not acting in accordance with the advice of the Cabinet under subsection (2)(b).
(7) No proposed decision of the Cabinet shall be taken where the Governor has referred to a Secretary of State the advice given to him or her in relation to it with a view to possible instructions under subsection (2)(a) or approval under subsections (2)(b) and (4), until the Governor notifies the Cabinet that no such instructions will be issued or, as the case may be, no such approval will be given.
(8) 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 Cabinet he or she shall not be obliged to exercise that function in accordance with the advice of that person or authority.
(9) 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 or not he or she 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 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 or her.
(3) Nothing in this section shall preclude persons or authorities other than the Governor from exercising such functions as are or may be conferred on them by any law.
(1) There shall be a Cabinet for the Turks and Caicos Islands, which shall consist of—
(a) the Governor;
(b) a Premier appointed by the Governor in accordance with subsection (2);
(c) not more than six other Ministers appointed by the Governor, acting in accordance with the advice of the Premier, from among the elected or appointed members of the House of Assembly, one of whom shall, in accordance with such advice, be appointed by the Governor as Deputy Premier; and
(d) the Deputy Governor and the Attorney General.
(2) The Governor shall appoint as Premier the elected member of the House of Assembly who demonstrates to the Governor in writing that he or she commands the support of a majority of the elected members of the House.
(3) Notwithstanding subsection (2), the Governor shall not appoint as Premier a person who has held office as Premier during two consecutive parliamentary terms unless at least one parliamentary term has expired since he or she last held that office; and for the purposes of this subsection a parliamentary term shall be deemed to be a period commencing when the House of Assembly first meets after being constituted under this Constitution or after its dissolution at any time, and terminating when the House is next dissolved.
(4) Appointments of the Premier and the other Ministers shall be made by the Governor by instrument under the public seal.
(5) If occasion arises for making an appointment of any Minister between a dissolution of the House of Assembly and the polling in the next following general election, a person who was a member of the House immediately before the dissolution may be appointed as a Minister as if he or she were still a member of the House.
(6) The Governor shall, without delay, report to Her Majesty through a Secretary of State every appointment made under this section.
The Turks and Caicos Islands Constitution Order 2011 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2011-1681
Contains public sector information licensed under the Open Government Licence v3.0.
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