Paragraph 4 Governor’s deputy.

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch.2, (Constitution s. 3(1)(c) subst) (prosp) by Turks and Caicos Islands Constitution 1993 art.2
Sch.2, (Constitution s. 7(1)(c)(d) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.3
Sch.2, (Constitution s. 12(1) rep in pt) (prosp) by Turks and Caicos Islands Constitution 1993 art.4
Sch.2, (Constitution s. 13(1)(bb) added by Turks and Caicos Islands Constitution 1993 art.5
Sch.2, (Constitution s. 15(2) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art6
Sch.2, (Constitution s. 19(d) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.7
Sch.2, (Constitution s. 21(2) subst) (prosp) by Turks and Caicos Islands Constitution 1993 art.8(1)
Sch.2, (Constitution ss. 34A, 34B added by Turks and Caicos Islands Constitution 1993 art.9
Sch.2, (Constitution s. 44(1)(a) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.10
Sch.2, (Constitution s. 49(2) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.11
Sch.2, (Constitution s. 53(3) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.12
Sch.2, (Constitution s. 57(3) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.13
Sch.2, (Constitution s. 58(4) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.14
Sch.2, (Constitution s. 59(2) am) am. (prosp) by Turks and Caicos Islands Constitution 1993 art.15
Sch.2, (Constitution s. 61(c)(d) added by Turks and Caicos Islands Constitution 1993 art.16
Sch.2, (Constitution s. 87(5) subst) (prosp) by Turks and Caicos Islands Constitution 1993 art.17
Sch.2, (Constitution s. 88(1) defn of high legal office added by Turks and Caicos Islands Constitution 1993 art.18
Sch 2 am (prosp) by Turks and Caicos Islands Constitution 2002 arts 2, 3

(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.