Article 11 Governor’s delegation of responsibility for matters relating to external affairs
In section 37—
in subsection (1), omit paragraph (c),
in subsection (2), for “in his or her discretion” substitute “after consultation with the Premier”,
in subsection (3), omit “external affairs or”,
after subsection (3), insert—
“(3A)The Governor shall, acting after consultation with the Premier, delegate to the Premier or another Minister, by directions in writing and on the conditions set out in subsection (3B), responsibility for the following matters relating to external affairs—
(a)the conduct of external affairs affecting the Turks and Caicos Islands within the Caribbean Community, the Association of Caribbean States, the United Nations Economic Commission for Latin America and the Caribbean, or any other Caribbean regional organisation or institution;
(b)other Caribbean regional affairs relating specifically to issues that are of interest to or affect the Turks and Caicos Islands;
(c)tourism and tourism-related matters; and
(d)any other matter relating to external affairs as the Governor may see fit.
(3B)The conditions referred to in subsection (3A) are the following—
(a)separate authority shall be required from or on behalf of a Secretary of State for the commencement of formal negotiation and the conclusion of any treaty or other international agreement by the Government, provided that general authority may be granted in specified matters to commence the formal negotiation of and, where it is deemed appropriate, to conclude any such treaty or international agreement;
(b)no political declaration, understanding or arrangement in the field of external affairs shall be signed or supported in the name of the Government without the prior approval of a Secretary of State;
(c)a formal invitation to a member of government or Head of State of another country to visit the Turks and Caicos Islands shall not be issued without prior consultation with the Governor;
(d)no financial commitment or potential liability shall be undertaken in the course of activities in pursuance of subsection (3A) without prior approval of the Governor;
(e)the costs of any activities in pursuance of subsection (3A) shall be borne by the Government;
(f)the Premier or other Minister as the case may be shall keep the Governor fully informed of any activities in pursuance of subsection (3A);
(g)the Premier or other Minister as the case may be shall provide the Governor on request all papers and information, including the text of any instrument under negotiation, available to the Premier or other Minister with respect to any activities in pursuance of subsection (3A); and
(h)any directions given by the Governor on any matter relating to any activities in pursuance of subsection (3A) which in his or her judgement might affect defence or security shall be complied with.
(3C)The Premier or other Minister as the case may be shall perform any activities in pursuance of subsection (3A) in a manner that is in the best interests of the Turks and Caicos Islands and not prejudicial to the interests of His Majesty (whether in respect of the United Kingdom or the Turks and Caicos Islands); and, for this purpose, the Premier or other Minister shall from time to time hold conference with the Governor to ensure the proper safeguarding of those interests.
(3D)In the event of any disagreement regarding the exercise of any authority delegated under subsection (3A), the matter shall be referred to a Secretary of State whose decision on the matter shall be final and whose directions shall be complied with.”, and
after subsection (6), insert—
“(7)The Governor shall not enter, agree or give final approval to any treaty or other international agreement which would affect internal policy in the Turks and Caicos Islands or require implementation by legislation without first obtaining the agreement of the Cabinet, unless otherwise instructed by a Secretary of State.”.