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The Turks and Caicos Islands Constitution Order 1988

S.I. 1988/247 · Made 17 February 1988

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CARIBBEAN AND NORTH ATLANTIC TERRITORIES

Made 17th February 1988

Laid before Parliament 25th February 1988

Coming into force On a day to be appointed under section 1(2)

At the Court at Buckingham Palace, the 17th day of February 1988

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 5 and 7 of the West Indies Act 1962f1 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

1962 c. 19.

Contents

  1. 1Citation and commencement.
  2. 2Interpretation.
  3. 3Revocations.
  4. 4Establishment of Constitution.
  5. 5Existing laws.
  6. 6Existing offices and officers.
  7. 7Legislative Council.
  8. 8Electoral law.
  9. 9Pending legal proceedings.
  10. 10Power reserved to Her Majesty.
  11. Signature
  12. Schedule 1 TO THE ORDERRevocations
  13. Schedule 2 TO THE ORDER: THE CONSTITUTION OF THE TURKS AND CAICOS ISLANDS
  14. THE CONSTITUTION OF THE TURKS AND CAICOS ISLANDS
  15. Part I: THE GOVERNOR
  16. 1The Governor.
  17. 2Emoluments of Governor.
  18. 3Acting Governor.
  19. 4Governor’s deputy.
  20. 5Exercise of Governor’s functions.
  21. Part II: THE EXECUTIVE
  22. 6Executive authority.
  23. 7The Executive Council.
  24. 8Oaths.
  25. 9Tenure of office by Chief Minister.
  26. 10Tenure of office by Ministers.
  27. 11Performance of functions of Chief Minister in certain events.
  28. 12Assignment of responsibilities to members of Executive Council.
  29. 13Governor’s special responsibilities.
  30. 14Summoning of Executive Council.
  31. 15Proceedings in, and quorum of, Executive Council.
  32. 16Attendance of other persons at meetings.
  33. 17Powers of Attorney General.
  34. Part III: THE LEGISLATURE
  35. 18Constitution of legislature.
  36. 19The Legislative Council.
  37. 20The Speaker and Deputy Speaker.
  38. 21Elected members.
  39. 22Qualifications for elected membership.
  40. 23Appointed members.
  41. 24Qualifications for appointed membership.
  42. 25Disqualifications for elected or appointed membership.
  43. 26Tenure of seats of members of Legislative Council.
  44. 27Qualifications of electors and entitlement to vote.
  45. 28Leader of the Opposition.
  46. 29Determination as to validity of membership ofex officio and appointed members.
  47. 30Determination as to validity of membership of elected members.
  48. 31Penalty for unauthorised person sitting or voting.
  49. 32Sessions of Legislative Council.
  50. 33Prorogation and dissolution.
  51. 34General elections and filling vacant seats.
  52. Part IV: POWERS AND PROCEDURE OF THE LEGISLATIVE COUNCIL
  53. 35Power to make laws.
  54. 36Standing Orders of Legislative Council.
  55. 37Standing Committees.
  56. 38Oaths by members of Legislative Council.
  57. 39Presiding in Legislative Council.
  58. 40Voting.
  59. 41Validity of proceedings.
  60. 42Quorum.
  61. 43Introduction of bills, etc.
  62. 44Governor’s reserved power.
  63. 45Assent to bills.
  64. 46Return of bills by Governor.
  65. 47Disallowance of laws.
  66. 48Privileges, etc. of Legislative Council.
  67. Part V: THE JUDICATURE
  68. The Supreme Court
  69. 49Constitution of Supreme Court.
  70. 50Tenure of office of judges of Supreme Court.
  71. 51Acting judges of Supreme Court.
  72. 52Oaths to be taken by judges of Supreme Court.
  73. The Court of Appeal
  74. 53Constitution of Court of Appeal.
  75. 54Tenure of office of judges of Court of Appeal.
  76. 55Acting judges of Court of Appeal.
  77. 56Oaths to be taken by judges of Court of Appeal.
  78. Part VI: THE PUBLIC SERVICE
  79. Public Service Commission
  80. 57Public Service Commission.
  81. 58Appointment, etc, of public officers.
  82. 59Particular offices.
  83. 60Additional functions of Public Service Commission.
  84. 61Regulations regarding Public Service Commission.
  85. Pensions
  86. 62Applicability of pensions law.
  87. 63Pensions, etc, charged on revenues of Islands.
  88. 64Grant and withholding of pensions, etc.
  89. Part VII: THE COMPLAINTS COMMISSIONER
  90. 65The Complaints Commissioner.
  91. 66Functions of Complaints Commissioner.
  92. Part VIII: FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
  93. 67Fundamental rights and freedoms of the individual.
  94. 68Protection of right to life.
  95. 69Protection from inhuman treatment.
  96. 70Protection from slavery and forced labour.
  97. 71Protection from arbitrary arrest or detention.
  98. 72Provisions to secure protection of law.
  99. 73Protection for privacy of home and other property.
  100. 74Protection of freedom of conscience.
  101. 75Protection of freedom of expression.
  102. 76Protection of freedom of assembly and association.
  103. 77Protection of freedom of movement.
  104. 78Protection from discrimination on grounds of race, etc.
  105. 79Protection from deprivation of property.
  106. 80Provisions for periods of public emergency.
  107. 81Enforcement of fundamental rights.
  108. 82Interpretation of Part VIII.
  109. Part IX: MISCELLANEOUS
  110. 83Grants of land, etc.
  111. 84Powers of pardon, etc.
  112. 85Public offices and appointments.
  113. 86Discipline of public service.
  114. 87Registration of interests.
  115. 88Interpretation.
  116. Schedule 1 TO THE CONSTITUTIONFORMS OF OATHS AND AFFIRMATIONS
  117. Schedule 2 TO THE CONSTITUTIONELECTORAL DISTRICTS
  118. Explanatory note