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Paragraph 31 The Cabinet

United Kingdom

(1)

There shall be a Cabinet for the Turks and Caicos Islands, which shall consist of—

(a)

the Governor;

(b)

a Premier appointed by the Governor in accordance with subsection (2);

(c)

F1subject to subsection (7), not more than six other Ministers appointed by the Governor, acting in accordance with the advice of the Premier, from among the F2elected members of the F3Parliament, one of whom shall, in accordance with such advice, be appointed by the Governor as Deputy Premier; and

(d)

the Deputy Governor and the Attorney General.

(2)

The Governor shall appoint as Premier the elected member of the Parliament who demonstrates to the Governor in writing that he or she commands the support of a majority of the elected members of the Parliament.

(3)

Notwithstanding subsection (2), the Governor shall not appoint as Premier a person who has held office as Premier during two consecutive parliamentary terms unless at least one parliamentary term has expired since he or she last held that office; and for the purposes of this subsection a parliamentary term shall be deemed to be a period commencing when the Parliament first meets after being constituted under this Constitution or after its dissolution at any time, and terminating when the Parliament is next dissolved.

(4)

Appointments of the Premier and the other Ministers shall be made by the Governor by instrument under the public seal.

(5)

If occasion arises for making an appointment of any Minister between a dissolution of the Parliament and the polling in the next following general election, a person who was a member of the Parliament immediately before the dissolution may be appointed as a Minister as if he or she were still a member of the Parliament.

(6)

The Governor shall, without delay, report to Her Majesty through a Secretary of State every appointment made under this section.

F4(7)

The Governor may, acting after consultation with the Premier and Leader of the Opposition, appoint more than six other Ministers under subsection (1)(c), subject to the total number of other Ministers appointed in addition to the Premier F5not exceeding two-fifths plus one of the number of elected members of the Parliament permitted in section 43(1)(b).

F6(8)

For the avoidance of doubt it is declared, subject to this Constitution, that the Cabinet possesses autonomous and exclusive capacity in domestic affairs for any matter that is not one of the following—

(a)

a special responsibility of the Governor under section 37(1);

(b)

a function which the Governor must exercise under this Constitution, or any other law, in his or her discretion or judgement, or in accordance with instructions from His Majesty through a Secretary of State; or

(c)

a function which the Governor is empowered or directed, either expressly or by necessary implication, to exercise without consulting with the Cabinet or to exercise on the recommendation or advice of, or after consultation with, any person or authority other than the Cabinet.

Annotations

Textual amendments

F1

Words in Sch. 2 s. 31(1)(c) inserted (coming into force in accordance with art. 1(4) of the amending S.I.) by The Turks and Caicos Islands Constitution (Amendment) Order 2021 (S.I. 2021/878), art. 2(2)

F2

Word in Sch. 2 substituted (coming into force in accordance with art. 1(4) of the amending S.I.) by The Turks and Caicos Islands Constitution (Amendment) Order 2024 (S.I. 2024/1128), art. 9(1) (with art. 4)

F3

Word in Sch. 2 substituted (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. 8(1) (with arts. 4, 8(2))

F4

Sch. 2 s. 31(7) inserted (coming into force in accordance with art. 1(4) of the amending S.I.) by The Turks and Caicos Islands Constitution (Amendment) Order 2021 (S.I. 2021/878), art. 2(3)

F5

Words in Sch. 2 s. 31(7) substituted (coming into force in accordance with art. 1(4) of the amending S.I.) by The Turks and Caicos Islands Constitution (Amendment) Order 2024 (S.I. 2024/1128), art. 9(2) (with art. 4)

F6

Sch. 2 s. 31(8) inserted (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. 10 (with art. 4)

Notes on Schedule 2

Commencement

I1

Sch. 2 in force at 15.10.2012, see art. 1(2)