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The Turks and Caicos Islands Constitution Order 2006

S.I. 2006/1913 · Made 19 July 2006

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CARIBBEAN AND NORTH ATLANTIC TERRITORIES

Made 19th July 2006

Laid before Parliament 20th July 2006

Coming into force in accordance with section 1(2)

At the Court at Buckingham Palace, the 19th day of July 2006

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 to do so, 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. 7House of Assembly
  8. 8Electoral districts
  9. 9Pending legal proceedings
  10. 10Power reserved to Her Majesty
  11. Signature
  12. Schedule 1Revocations
  13. Schedule 2: The Constitution of the Turks and Caicos Islands
  14. Part I: FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
  15. 1Fundamental rights and freedoms of the individual
  16. 2Protection of right to life
  17. 3Protection from inhuman treatment
  18. 4Protection from slavery and forced labour
  19. 5Protection from arbitrary arrest or detention
  20. 6Provisions to secure protection of law
  21. 7Protection of right of prisoners to humane treatment
  22. 8Protection for private and family life and for privacy of home and other property
  23. 9Protection of right to marry, etc
  24. 10Protection of freedom of conscience
  25. 11Protection of the right to education
  26. 12Protection of freedom of expression
  27. 13Protection of freedom of assembly and association
  28. 14Protection of freedom of movement
  29. 15Protection from discrimination
  30. 16Protection from deprivation of property
  31. 17Provisions for periods of public emergency
  32. 18Enforcement of fundamental rights
  33. 19Interpretation of Part I
  34. Part II: THE GOVERNOR
  35. 20The Governor
  36. 21Emoluments of Governor
  37. 22Deputy Governor
  38. 23Acting Governor
  39. 24Governor’s deputy
  40. 25Exercise of Governor’s functions
  41. Part III: THE EXECUTIVE
  42. 26Executive authority
  43. 27The Cabinet
  44. 28Oaths
  45. 29Tenure of office by Premier
  46. 30Tenure of office by Ministers
  47. 31Performance of functions of Premier in certain events
  48. 32Assignment of responsibilities to members of Cabinet
  49. 33Governor’s special responsibilities
  50. 34Summoning of Cabinet
  51. 35Proceedings in, and quorum of, Cabinet
  52. 36Attendance of other persons at meetings
  53. 37Cabinet Secretary
  54. 38Advisory National Security Council
  55. 39Powers of Attorney General
  56. Part IV: THE LEGISLATURE
  57. 40Constitution of legislature
  58. 41The House of Assembly
  59. 42The Speaker and Deputy Speaker
  60. 43Elected members
  61. 44Qualifications for elected membership
  62. 45Appointed members
  63. 46Qualifications for appointed membership
  64. 47Disqualifications for elected or appointed membership
  65. 48Tenure of seats of members of House of Assembly
  66. 49Qualifications of electors and entitlement to vote
  67. 50Leader of the Opposition
  68. 51Determination as to validity of membership of ex officio and appointed members
  69. 52Determination as to validity of membership of elected members
  70. 53Penalty for unauthorised person sitting or voting
  71. 54Sessions of House of Assembly
  72. 55Prorogation and dissolution
  73. 56General elections and filling vacant seats
  74. 57Electoral District Boundary Commission
  75. 58Review and alteration of electoral district boundaries
  76. Part V: POWERS AND PROCEDURE OF HOUSE OF ASSEMBLY
  77. 59Power to make laws
  78. 60Standing Orders of House of Assembly
  79. 61Standing Committees
  80. 62Oaths by members of House of Assembly
  81. 63Presiding in House of Assembly
  82. 64Voting
  83. 65Validity of proceedings
  84. 66Quorum
  85. 67Introduction of bills, etc
  86. 68Governor’s reserved power
  87. 69Assent to bills
  88. 70Return of bills by Governor
  89. 71Disallowance of laws
  90. 72Privileges, immunities and powers of House of Assembly
  91. Part VI: THE JUDICATURE
  92. Chapter: The Supreme Court
  93. 73Constitution of Supreme Court
  94. 74Tenure of office of judges of Supreme Court
  95. 75Acting judges of Supreme Court
  96. 76Oaths to be taken by judges of Supreme Court
  97. Chapter: The Court of Appeal
  98. 77Constitution of Court of Appeal
  99. 78Tenure of office of judges of Court of Appeal
  100. 79Acting judges of Court of Appeal
  101. 80Oaths to be taken by judges of Court of Appeal
  102. Chapter: Judicial Service Commission
  103. 81Judicial Service Commission
  104. 82Appointments, etc, to judicial offices
  105. Part VII: THE PUBLIC SERVICE
  106. Chapter: Public Service Commission
  107. 83Public Service Commission
  108. 84Appointment, etc, of public officers
  109. 85Particular offices
  110. 86Appointment of Cabinet Secretary
  111. 87Additional functions of Public Service Commission
  112. 88Regulations regarding Public Service Commission
  113. Chapter: Pensions
  114. 89Applicability of pensions law
  115. 90Pensions, etc, charged on revenues of Islands
  116. 91Grant and withholding of pensions, etc
  117. Part VIII: THE COMPLAINTS COMMISSIONER
  118. 92The Complaints Commissioner
  119. 93Functions of Complaints Commissioner
  120. Part IX: MISCELLANEOUS
  121. 94Grants of land, etc
  122. 95Powers of pardon, etc
  123. 96Public offices and appointments
  124. 97Discipline of public service
  125. 98Registration of interests
  126. 99Interpretation
  127. Schedule TO THE CONSTITUTION: Forms of Oaths and Affirmations
  128. 1Paragraph 1
  129. 2Paragraph 2
  130. 3Paragraph 3
  131. 4Paragraph 4
  132. 5Paragraph 5
  133. Explanatory note