The Turks and Caicos Islands Constitution Order 2011
S.I. 2011/1681 · Made 13 July 2011 · Extends to United Kingdom
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
Contents
- 1Citation and commencement
- 2Interpretation
- 3Revocations
- 4Establishment of Constitution
- 5Existing laws
- 6Existing offices and officers
- 7Chief Financial Officer
- 8General election
- 9Standing Orders
- 10Director of Public Prosecutions
- 11Pending legal proceedings
- 12Remuneration, allowances, terms and conditions of certain office-holders
- 13Functions of Governor
- 14Power reserved to Her Majesty
- Signature
- Schedule 1Revocations
- Schedule 2: The Constitution of the Turks and Caicos Islands
- THE CONSTITUTION OF THE TURKS AND CAICOS ISLANDSPart THE CONSTITUTION OF THE TURKS AND CAICOS ISLANDS
- Part I: FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
- 1Fundamental rights and freedoms of the individual
- 2Protection of right to life
- 3Protection from inhuman treatment
- 4Protection from slavery and forced labour
- 5Protection from arbitrary arrest or detention
- 6Provisions to secure protection of law
- 7Equality before the law Repealed
- 8Protection of right of prisoners to humane treatment
- 9Protection for private and family life and for privacy of home and other property
- 10Protection of right to marry and found a family
- 11Protection of freedom of conscience
- 12Protection of right to education
- 13Protection of freedom of expression
- 14Protection of freedom of assembly and association
- 15Protection of freedom of movement
- 16Protection from discrimination
- 17Peaceful enjoyment of property and protection from deprivation of property
- 18Protection of the environment
- 19Lawful administrative action
- 20Provisions for periods of public emergency
- 21Enforcement of fundamental rights
- 22Interpretation of Part I
- Part II: THE GOVERNOR
- 23The Governor
- 24Emoluments of Governor
- 25Deputy Governor
- 26Acting Governor
- 27Temporary exercise of certain functions of Governor
- 28Statement of Governance Principles
- 29Exercise of Governor’s functions
- Part III: THE EXECUTIVE
- 30Executive authority
- 31The Cabinet
- 32Oaths
- 33Tenure of office by Premier
- 34Tenure of office by Ministers
- 35Performance of functions of Ministers in certain events
- 36Assignment of responsibilities to members of Cabinet
- 37Governor’s special responsibilities
- 38Summoning of Cabinet
- 39Proceedings and quorum of Cabinet
- 40Attendance of other persons at Cabinet meetings
- 40ACabinet Office and Cabinet Secretary
- 41Attorney General
- 41ANational Security Council
- Part IV: THE LEGISLATURE
- Chapter: Composition
- 42Constitution of Legislature
- 43The Parliament
- 44The Speaker and Deputy Speaker
- 45Elected members
- 46Qualifications for elected membership
- 47Appointed members Repealed
- 48Qualifications for appointed membership Repealed
- 49Disqualifications for elected membership
- 50Declaration by candidates for election to Parliament
- 51Tenure of seats of members of Parliament
- 52Delay in vacation of seat to allow for an appeal
- 53Determination of questions as to membership of Parliament
- 54Penalty for unauthorised person sitting or voting
- 55Qualifications of electors and entitlement to vote
- 56Leader of the Opposition
- Chapter: Prorogation, dissolution and elections
- 57Prorogation and dissolution
- 58Recalling dissolved Parliament in case of emergency
- 59General elections and filling vacant seats
- 60Electoral District Boundary Commission
- 61Review and alteration of electoral district boundaries
- Chapter: Powers and procedure
- 62Power to make laws
- 62APower to provide for a referendum
- 63Standing Orders of Parliament
- 64Standing Committees
- 65Oaths by members of Parliament
- 66Sessions of Parliament
- 67Presiding in Parliament
- 68Voting
- 69Validity of proceedings
- 70Quorum
- 71Introduction of bills, etc
- 72Governor’s reserved power
- 73Assent to bills
- 74Return of bills by Governor
- 75Disallowance of laws
- 76Privileges, immunities and powers of Parliament
- Part V: THE JUDICATURE
- Chapter: The Supreme Court
- 77Constitution of Supreme Court
- 78Acting judges of Supreme Court
- 79Oaths to be taken by judges of Supreme Court
- Chapter: The Court of Appeal
- 80Constitution of Court of Appeal
- 81Acting judges of Court of Appeal
- 82Oaths to be taken by judges of Court of Appeal
- Chapter: Judicial independence
- 83Independence of the judiciary
- 84Remuneration, terms and conditions of judges and magistrates
- 85Tenure of office of judges and magistrates
- Chapter: Judicial Service Commission
- 86Judicial Service Commission
- 87Functions of Judicial Service Commission
- Part VI: THE PUBLIC SERVICE , THE REGIMENT AND THE POLICE FORCE
- 88Overriding duty of public officers
- 89Public Service Commission
- 90Appointment, discipline and removal of public officers
- 91Particular offices
- 92Functions of Public Service Commission
- 93Regulations regarding Public Service Commission
- 93AThe Regiment
- 93BPolice and Defence Service Commission
- 93CPower to appoint, etc., to offices in the Police Force and Regiment
- 94Applicability of pensions law
- 95Pensions, etc, charged on Consolidated Fund
- 96Grant and withholding of pensions, etc
- Part VII: INSTITUTIONS PROTECTING GOOD GOVERNANCE
- 97Establishment of institutions protecting good governance
- 98Auditor General and National Audit Office
- 99Complaints Commissioner
- 100Director of Public Prosecutions
- 101Human Rights Commission
- 102Integrity Commission
- 103Registration of interests
- 104Supervisor of elections
- 104AConstitutional Commission
- 105Funding of institutions protecting good governance
- Part VIII: CROWN LAND
- 106Definition of Crown land
- 107Crown land principles
- 108Grants and dispositions of Crown land
- Part IX: PUBLIC FINANCIAL MANAGEMENT
- 109General principles
- 110Taxation
- 111Contingent liabilities
- 112Consolidated Fund
- 113Withdrawal from Consolidated Fund or other public funds
- 114Appropriations Committee
- 115Financial year estimates
- 116Appropriation Bill
- 117Excess expenditure
- 118Contingencies
- 119Power of Government to borrow or lend
- 120Public Debt
- 121Financial control and accounts
- 122Public Accounts Committee
- 123Accounting officers
- 124Remuneration of Speaker and other members of Parliament
- 125Remuneration of certain officers
- 126Audit
- Part X: MISCELLANEOUS
- 127Powers of pardon, etc
- 128Constitution of offices
- 129Freedom of information
- 130Local government
- 130AInternational Centre for Alternative Dispute Resolution
- 130BRegulation of international financial services
- 130CNational crest
- 131Interpretation
- 132Turks and Caicos Islander
- 133References to public office
- 134Appointments
- 135Re-election or reappointment
- 136Removal from office
- 137Resignations
- 138Oaths and affirmations
- 139Power to amend or revoke instruments
- Part EDULE TO THE CONSTITUTION: FORMS OF OATHS AND AFFIRMATIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Explanatory note