Paragraph 37 Governor’s special responsibilities
United Kingdom
The Governor, acting in his or her discretion, shall be responsible for the conduct, subject to this Constitution and any other law, of any business of the Government, including the administration of any department of government, with respect to the following matters—
defence;
external affairs;
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internal security, including the Police Force; and
the appointment of any person to any public office, the suspension, termination of appointment, dismissal or retirement of any public officer, the taking of any disciplinary action in respect of such an officer, the application to any public officer of the terms or conditions of employment of the public service for which financial provision has been made, and the organisation of the public service in so far as it does not involve new financial provision.
The Governor, acting in his or her discretion, may by directions in writing delegate, with the prior approval of a Secretary of State, to the Premier or any other Minister designated by him or her after consultation with the Premier such responsibility for matters relating to F4... internal security as the Governor may think fit on such conditions as he or she may impose.
The Governor shall, acting after consultation with the Premier, delegate to the Premier or another Minister, by directions in writing and on the conditions set out in subsection (3B), responsibility for the following matters relating to external affairs—
the conduct of external affairs affecting the Turks and Caicos Islands within the Caribbean Community, the Association of Caribbean States, the United Nations Economic Commission for Latin America and the Caribbean, or any other Caribbean regional organisation or institution;
other Caribbean regional affairs relating specifically to issues that are of interest to or affect the Turks and Caicos Islands;
tourism and tourism-related matters; and
any other matter relating to external affairs as the Governor may see fit.
The conditions referred to in subsection (3A) are the following—
separate authority shall be required from or on behalf of a Secretary of State for the commencement of formal negotiation and the conclusion of any treaty or other international agreement by the Government, provided that general authority may be granted in specified matters to commence the formal negotiation of and, where it is deemed appropriate, to conclude any such treaty or international agreement;
no political declaration, understanding or arrangement in the field of external affairs shall be signed or supported in the name of the Government without the prior approval of a Secretary of State;
a formal invitation to a member of government or Head of State of another country to visit the Turks and Caicos Islands shall not be issued without prior consultation with the Governor;
no financial commitment or potential liability shall be undertaken in the course of activities in pursuance of subsection (3A) without prior approval of the Governor;
the costs of any activities in pursuance of subsection (3A) shall be borne by the Government;
the Premier or other Minister as the case may be shall keep the Governor fully informed of any activities in pursuance of subsection (3A);
the Premier or other Minister as the case may be shall provide the Governor on request all papers and information, including the text of any instrument under negotiation, available to the Premier or other Minister with respect to any activities in pursuance of subsection (3A); and
any directions given by the Governor on any matter relating to any activities in pursuance of subsection (3A) which in his or her judgement might affect defence or security shall be complied with.
The Premier or other Minister as the case may be shall perform any activities in pursuance of subsection (3A) in a manner that is in the best interests of the Turks and Caicos Islands and not prejudicial to the interests of His Majesty (whether in respect of the United Kingdom or the Turks and Caicos Islands); and, for this purpose, the Premier or other Minister shall from time to time hold conference with the Governor to ensure the proper safeguarding of those interests.
In the event of any disagreement regarding the exercise of any authority delegated under subsection (3A), the matter shall be referred to a Secretary of State whose decision on the matter shall be final and whose directions shall be complied with.
Where the Governor, acting in his or her discretion, determines that the exercise of any function conferred on any person or authority (other than the Parliament) would involve or affect any matter mentioned in subsection (1), the Governor may, acting in his or her discretion, give directions as to the exercise of that function, and the person or authority concerned shall exercise the function in accordance with those directions.
Before exercising any function with respect to any matter mentioned in subsection (1), paragraphs (a), (b), (c) and (d), the Governor shall consult the Cabinet but may, if he or she thinks it right to do so, act against any advice given to him or her by the Cabinet; but the Governor shall not be obliged to consult the Cabinet in any case in which, in his or her judgement—
it is in the public interest that he or she should act without consulting the Cabinet;
the matters to be decided are too unimportant to require the advice of the Cabinet; or
the matters to be decided are too urgent to admit obtaining the advice of the Cabinet by the time within which it may be necessary for him or her to act.
The question of whether a matter falls within the scope of subsection (1) shall be determined by the Governor acting in his or her discretion.
The Governor shall not enter, agree or give final approval to any treaty or other international agreement which would affect internal policy in the Turks and Caicos Islands or require implementation by legislation without first obtaining the agreement of the Cabinet, unless otherwise instructed by a Secretary of State.
Annotations
Textual amendments
- F1
Sch. 2 s. 37(1)(c) omitted (coming into force in accordance with art. 1(3) of the amending S.I.) by virtue of The Turks and Caicos Islands Constitution (Amendment) Order 2024 (S.I. 2024/1128), art. 11(a) (with art. 4)
- F2
Words in Sch. 2 s. 37(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. 11(b) (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
Words in Sch. 2 s. 37(3) omitted (coming into force in accordance with art. 1(3) of the amending S.I.) by virtue of The Turks and Caicos Islands Constitution (Amendment) Order 2024 (S.I. 2024/1128), art. 11(c) (with art. 4)
- F5
Sch. 2 s. 37(3A)-(3D) 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. 11(d) (with art. 4)
- F6
Sch. 2 s. 37(7) 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. 11(e) (with art. 4)