Paragraph 35 Performance of functions of Ministers in certain events
United Kingdom
If the Premier is unable, due to illness or absence from the Islands, to perform the functions of his or her office, the Governor shall authorise the Deputy Premier to perform those functions; and in the absence or illness of the Deputy Premier, the Governor shall authorise another Minister to perform those functions, acting in accordance with the advice of the Premier or, if in the Governor’s judgement it is impracticable to obtain the Premier’s advice, acting in his or her discretion.
Whenever a Minister other than the Premier is unable, by reason of illness or absence from the Islands or absence from his or her duties on leave, to perform the functions of his or her office, the Governor, acting in accordance with the advice of the Premier, may—
appoint a person who is a member of the F1Parliament to be a temporary Minister; or
assign responsibility for the performance of the functions of that Minister to another Minister (including the Premier),
and may specify the period for which such person shall be a temporary Minister or for which such other Minister shall perform the functions of that Minister.
If occasion arises for making an appointment under subsection (2)(a) between a dissolution of the Parliament and the next following general election, subsection (2) shall have effect for the purpose as if the Parliament had not been dissolved.
Subject to this Constitution—
a temporary Minister shall hold office; and
a Minister assigned to perform the functions of another Minister shall perform those functions,
until the expiry of the period specified under subsection (2) or, where no period was so specified, until he or she is notified by the Governor in writing, acting in his or her discretion, that he or she shall cease to hold that office or to perform those functions.
Any authorisation, appointment or assignment under this section shall be made by the Governor by instrument under the public seal, and may be revoked in like manner.
Annotations
Textual amendments
- F1
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))