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Paragraph 60 Electoral District Boundary Commission

United Kingdom

(1)

An Electoral District Boundary Commission (in this section and in section 61 referred to as a “Commission”) shall be appointed from time to time at such time as the Governor, acting after consultation with the Premier and the Leader of the Opposition, may determine; but the first Commission shall be appointed not later than four years after the commencement of this Constitution and each subsequent Commission shall be appointed not later than four years after the last Commission submitted its report under section 61.

(2)

A Commission shall consist of—

(a)

a Chairman appointed by the Governor, acting in his or her discretion F1, from among persons who hold or have held high judicial office or are lawyers of at least ten years’ standing;

(b)

a member appointed by the Governor, acting F2after consultation with the Premier; and

(c)

a member appointed by the Governor, acting after consultation with F3... the Leader of the Opposition.

(3)

A person shall not be qualified to be appointed as a member of a Commission if he or she is a member of the F4Parliament or a public officer.

(4)

The Chairman or other member of a Commission shall vacate his or her office—

(a)

on the day following the submission of the report of the Commission under section 61;

(b)

if any circumstances arise that, if he or she were not a member, would cause him or her to be disqualified for appointment as such; or

(c)

if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

(5)

A Commission may regulate its procedure and, with the consent of the Governor acting in his or her discretion, may confer powers and impose duties on any public officer or on any authority of the Government for the purpose of the discharge of its functions.

(6)

For the purpose of the discharge of its functions, a Commission—

(a)

may invite views from members of the public;

(b)

shall consult the public about a draft of its report; and

(c)

may seek such advice as it considers appropriate.

(7)

A Commission may act notwithstanding any vacancy in its membership (including any vacancy not filled when appointments of members are first made); but any decision of the Commission shall require the concurrence of not less than two members of the Commission.

(8)

In the exercise of their functions under this Constitution, a Commission and its members shall not be subject to the direction or control of any other person or authority.

Annotations

Textual amendments

F1

Words in Sch. 2 s. 60(2)(a) 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. 15(1)(a) (with art. 4)

F2

Words in Sch. 2 s. 60(2)(b) 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. 15(1)(b) (with art. 4)

F3

Words in Sch. 2 s. 60(2)(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. 15(1)(c) (with art. 4)

F4

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))

Notes on Schedule 2

Commencement

I1

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