Paragraph 97 Establishment of institutions protecting good governance

United Kingdom

(1)

There shall be the following institutions protecting good governance in the Turks and Caicos Islands—

(a)

an Auditor General and a National Audit Office;

(b)

a Complaints Commissioner;

(c)

a Director of Public Prosecutions;

(d)

a Human Rights Commission;

(e)

an Integrity Commission; F1...

(f)

a Supervisor of Elections F2; and

F3(g)

a Constitutional Commission, if established under section 104A.

(2)

In the exercise of F4its functions, each of the institutions protecting good governance, and any person acting on its instructions or on its behalf, shall not be subject to the direction or control of any other person or authority.

(3)

The remuneration and allowances of any person holding office as, or as a member of, any of the institutions protecting good governance shall be determined by law, are hereby charged on and shall be paid out of the Consolidated Fund, and shall not be diminished during his or her continuance in office; and the terms and conditions of service of any such person shall not be altered to his or her disadvantage during his or her continuance in office.

(4)

Nothing in subsection (3) shall preclude an F5a law enacted by the Legislature that reduces the level of remuneration payable to the persons referred to in that subsection where F6that law makes equivalent reduction to the remuneration of all members of the public service.

F7(5)

Each of the institutions protecting good governance shall make an annual report to the Parliament about its activities, and shall send a copy of each report to the Governor. In making an annual report, an institution protecting good governance shall consider the need for confidentiality where appropriate.

Annotations

Textual amendments

F1: Word in Sch. 2 s. 97(1)(e) 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. 21(1)(a) (with art. 4)
F2: Word in Sch. 2 s. 97(1)(f) substituted for full stop (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. 21(1)(b) (with art. 4)
F3: Sch. 2 s. 97(1)(g) 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. 21(1)(c) (with art. 4)
F4: Words in Sch. 2 s. 97(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. 21(1)(d) (with art. 4)
F5: Words 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. 7(1) (with arts. 4, 7(9))
F6: Words in Sch. 2 s. 97(4) 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. 7(4) (with art. 4)
F7: Sch. 2 s. 97(5) 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. 21(1)(e) (with art. 4)

Notes on Schedule 2

Commencement

I1: Sch. 2 in force at 15.10.2012, see art. 1(2)