Paragraph 53 Determination of questions as to membership of ParliamentF1
United Kingdom
Without prejudice to section 52(1), the Supreme Court shall have jurisdiction to hear and determine any question as to whether—
any person has been validly elected as a member of the Parliament; or
an elected member of the Parliament has vacated his or her seat in the Parliament or is required by virtue of section 52(3) to cease to perform his or her functions as such member,
and the decision of the Supreme Court shall be final and not subject to any appeal.
An application to the Supreme Court for the determination of any question under subsection (1) may be made by the Attorney General or by any person who is a registered elector; and an application for the determination of any question under subsection (1)(b) may also be made by any member of the Parliament.
Any question as to whether a person is an ex officio F2... member of the Parliament, or whether any such person has vacated his or her seat, shall be determined by the Governor acting in his or her discretion.
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))
- F2
Words in Sch. 2 s. 53(3) omitted (coming into force in accordance with art. 1(4) of the amending S.I.) by virtue of The Turks and Caicos Islands Constitution (Amendment) Order 2024 (S.I. 2024/1128), art. 9(10) (with art. 4)