{
  "url": "https://openlegislation.uk/turks-and-caicos-islands-constitution-order-2011/schedule-2/paragraph-93B",
  "json_url": "https://openlegislation.uk/turks-and-caicos-islands-constitution-order-2011/schedule-2/paragraph-93B.json",
  "legislation": "uksi/2011/1681",
  "legislation_title": "The Turks and Caicos Islands Constitution Order 2011",
  "legislation_url": "https://openlegislation.uk/turks-and-caicos-islands-constitution-order-2011",
  "path": "schedule/2/paragraph/93B",
  "kind": "paragraph",
  "number": "93B",
  "heading": "Police and Defence Service Commission",
  "text": "(1) There shall be a Police and Defence Service Commission for the Turks and Caicos Islands, which shall consist of—\n(a) the Governor, as Chair;\n(b) five members, experienced in matters of the police, law enforcement, defence, the criminal law or other matters related to national security, appointed in writing by the Governor acting after consultation with the Premier and the Leader of the Opposition.\n(2) No person shall be qualified to be appointed as a member of the Police and Defence Service Commission if he or she is a member of the Police Force, a member of the Regiment, a candidate for election to the Parliament, or if he or she is or has been within the preceding three years—\n(a) a member of the Parliament; or\n(b) the holder of any office in any political party.\n(3) The office of a member of the Police and Defence Service Commission (other than the Governor) shall become vacant—\n(a) at the expiration of five years from the date of his or her appointment or such earlier time as may be specified in the instrument by which he or she was appointed;\n(b) if he or she resigns office by writing under his or her hand addressed to and received by the Governor;\n(c) if he or she becomes a member of, or a candidate for election to, the Parliament;\n(d) if he or she becomes the holder of any office in any political party; or\n(e) 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 that office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.\n(4) If the office of a member of the Police and Defence Service Commission (other than the Governor) is vacant or a member is for any reason unable to perform the functions of his or her office, the Governor, acting in the manner prescribed by subsection (1) for the appointment of that member, may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission, and any person so appointed shall, subject to subsection (3), continue so to act until he or she is notified by the Governor, acting in his or her discretion, that the circumstances giving rise to the appointment have ceased to exist.\n(5) No business shall be transacted at any meeting of the Police and Defence Service Commission if there are fewer than four members of the Commission (in addition to the Chair) present.\n(6) Any question proposed for decision at any meeting of the Police and Defence Service Commission shall be determined by a majority of the votes of the members present and voting; and if on any question the votes are equally divided the Chair shall have and exercise a casting vote.\n(7) The Police and Defence Service Commission shall be served by a secretariat, the members of which shall be public officers.\n(8) The Governor, acting in his or her discretion, may from time to time by directions in writing delegate to the Deputy Governor, the Attorney General or the Permanent Secretary, Finance, in that order, his or her functions under subsection (1)(a).\n(9) Subject to this Constitution, in the exercise of its functions the Police and Defence Service Commission shall not be subject to the direction or control of any other person or authority.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 2 ss. 93A-93C 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. 20 (with art. 4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2011/1681/schedule/2/paragraph/93B",
    "retrieved_at": "2026-10-29T02:02:17.487261+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}