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The Turks and Caicos Islands Constitution Order 2011

S.I. 2011/1681 · Made 13 July 2011 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 6 November 2024.

Caribbean And North Atlantic Territories

Made 13th July 2011

Laid before Parliament 20th July 2011

Coming into force in accordance with section 1(2)

At the Court at Buckingham Palace, the 13th day of July 2011

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 ordered, as follows:C1

Annotations to the whole text

Modifications

C1

Order construed as one with S.I. 2021/8878 and S.I. 2024/1128 (coming into force in accordance with art. 1(3) of the amending S.I.) by The Turks and Caicos Islands Constitution (Amendment) Order 2024 (S.I. 2024/1128), art. 1(1) (with art. 4)

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. 7Chief Financial Officer
  8. 8General election
  9. 9Standing Orders
  10. 10Director of Public Prosecutions
  11. 11Pending legal proceedings
  12. 12Remuneration, allowances, terms and conditions of certain office-holders
  13. 13Functions of Governor
  14. 14Power reserved to Her Majesty
  15. Signature
  16. Schedule 1Revocations
  17. Schedule 2: The Constitution of the Turks and Caicos Islands
  18. THE CONSTITUTION OF THE TURKS AND CAICOS ISLANDSPart THE CONSTITUTION OF THE TURKS AND CAICOS ISLANDS
  19. Part I: FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
  20. 1Fundamental rights and freedoms of the individual
  21. 2Protection of right to life
  22. 3Protection from inhuman treatment
  23. 4Protection from slavery and forced labour
  24. 5Protection from arbitrary arrest or detention
  25. 6Provisions to secure protection of law
  26. 7Equality before the law Repealed
  27. 8Protection of right of prisoners to humane treatment
  28. 9Protection for private and family life and for privacy of home and other property
  29. 10Protection of right to marry and found a family
  30. 11Protection of freedom of conscience
  31. 12Protection of right to education
  32. 13Protection of freedom of expression
  33. 14Protection of freedom of assembly and association
  34. 15Protection of freedom of movement
  35. 16Protection from discrimination
  36. 17Peaceful enjoyment of property and protection from deprivation of property
  37. 18Protection of the environment
  38. 19Lawful administrative action
  39. 20Provisions for periods of public emergency
  40. 21Enforcement of fundamental rights
  41. 22Interpretation of Part I
  42. Part II: THE GOVERNOR
  43. 23The Governor
  44. 24Emoluments of Governor
  45. 25Deputy Governor
  46. 26Acting Governor
  47. 27Temporary exercise of certain functions of Governor
  48. 28Statement of Governance Principles
  49. 29Exercise of Governor’s functions
  50. Part III: THE EXECUTIVE
  51. 30Executive authority
  52. 31The Cabinet
  53. 32Oaths
  54. 33Tenure of office by Premier
  55. 34Tenure of office by Ministers
  56. 35Performance of functions of Ministers in certain events
  57. 36Assignment of responsibilities to members of Cabinet
  58. 37Governor’s special responsibilities
  59. 38Summoning of Cabinet
  60. 39Proceedings and quorum of Cabinet
  61. 40Attendance of other persons at Cabinet meetings
  62. 40ACabinet Office and Cabinet Secretary
  63. 41Attorney General
  64. 41ANational Security Council
  65. Part IV: THE LEGISLATURE
  66. Chapter: Composition
  67. 42Constitution of Legislature
  68. 43The Parliament
  69. 44The Speaker and Deputy Speaker
  70. 45Elected members
  71. 46Qualifications for elected membership
  72. 47Appointed members Repealed
  73. 48Qualifications for appointed membership Repealed
  74. 49Disqualifications for elected membership
  75. 50Declaration by candidates for election to Parliament
  76. 51Tenure of seats of members of Parliament
  77. 52Delay in vacation of seat to allow for an appeal
  78. 53Determination of questions as to membership of Parliament
  79. 54Penalty for unauthorised person sitting or voting
  80. 55Qualifications of electors and entitlement to vote
  81. 56Leader of the Opposition
  82. Chapter: Prorogation, dissolution and elections
  83. 57Prorogation and dissolution
  84. 58Recalling dissolved Parliament in case of emergency
  85. 59General elections and filling vacant seats
  86. 60Electoral District Boundary Commission
  87. 61Review and alteration of electoral district boundaries
  88. Chapter: Powers and procedure
  89. 62Power to make laws
  90. 62APower to provide for a referendum
  91. 63Standing Orders of Parliament
  92. 64Standing Committees
  93. 65Oaths by members of Parliament
  94. 66Sessions of Parliament
  95. 67Presiding in Parliament
  96. 68Voting
  97. 69Validity of proceedings
  98. 70Quorum
  99. 71Introduction of bills, etc
  100. 72Governor’s reserved power
  101. 73Assent to bills
  102. 74Return of bills by Governor
  103. 75Disallowance of laws
  104. 76Privileges, immunities and powers of Parliament
  105. Part V: THE JUDICATURE
  106. Chapter: The Supreme Court
  107. 77Constitution of Supreme Court
  108. 78Acting judges of Supreme Court
  109. 79Oaths to be taken by judges of Supreme Court
  110. Chapter: The Court of Appeal
  111. 80Constitution of Court of Appeal
  112. 81Acting judges of Court of Appeal
  113. 82Oaths to be taken by judges of Court of Appeal
  114. Chapter: Judicial independence
  115. 83Independence of the judiciary
  116. 84Remuneration, terms and conditions of judges and magistrates
  117. 85Tenure of office of judges and magistrates
  118. Chapter: Judicial Service Commission
  119. 86Judicial Service Commission
  120. 87Functions of Judicial Service Commission
  121. Part VI: THE PUBLIC SERVICE , THE REGIMENT AND THE POLICE FORCE
  122. 88Overriding duty of public officers
  123. 89Public Service Commission
  124. 90Appointment, discipline and removal of public officers
  125. 91Particular offices
  126. 92Functions of Public Service Commission
  127. 93Regulations regarding Public Service Commission
  128. 93AThe Regiment
  129. 93BPolice and Defence Service Commission
  130. 93CPower to appoint, etc., to offices in the Police Force and Regiment
  131. 94Applicability of pensions law
  132. 95Pensions, etc, charged on Consolidated Fund
  133. 96Grant and withholding of pensions, etc
  134. Part VII: INSTITUTIONS PROTECTING GOOD GOVERNANCE
  135. 97Establishment of institutions protecting good governance
  136. 98Auditor General and National Audit Office
  137. 99Complaints Commissioner
  138. 100Director of Public Prosecutions
  139. 101Human Rights Commission
  140. 102Integrity Commission
  141. 103Registration of interests
  142. 104Supervisor of elections
  143. 104AConstitutional Commission
  144. 105Funding of institutions protecting good governance
  145. Part VIII: CROWN LAND
  146. 106Definition of Crown land
  147. 107Crown land principles
  148. 108Grants and dispositions of Crown land
  149. Part IX: PUBLIC FINANCIAL MANAGEMENT
  150. 109General principles
  151. 110Taxation
  152. 111Contingent liabilities
  153. 112Consolidated Fund
  154. 113Withdrawal from Consolidated Fund or other public funds
  155. 114Appropriations Committee
  156. 115Financial year estimates
  157. 116Appropriation Bill
  158. 117Excess expenditure
  159. 118Contingencies
  160. 119Power of Government to borrow or lend
  161. 120Public Debt
  162. 121Financial control and accounts
  163. 122Public Accounts Committee
  164. 123Accounting officers
  165. 124Remuneration of Speaker and other members of Parliament
  166. 125Remuneration of certain officers
  167. 126Audit
  168. Part X: MISCELLANEOUS
  169. 127Powers of pardon, etc
  170. 128Constitution of offices
  171. 129Freedom of information
  172. 130Local government
  173. 130AInternational Centre for Alternative Dispute Resolution
  174. 130BRegulation of international financial services
  175. 130CNational crest
  176. 131Interpretation
  177. 132Turks and Caicos Islander
  178. 133References to public office
  179. 134Appointments
  180. 135Re-election or reappointment
  181. 136Removal from office
  182. 137Resignations
  183. 138Oaths and affirmations
  184. 139Power to amend or revoke instruments
  185. Part EDULE TO THE CONSTITUTION: FORMS OF OATHS AND AFFIRMATIONS
  186. 1Paragraph 1
  187. 2Paragraph 2
  188. 3Paragraph 3
  189. 4Paragraph 4
  190. 5Paragraph 5
  191. Explanatory note