UNITED KINGDOM STATUTORY INSTRUMENT
2009 No. 701
Caribbean And North Atlantic Territories
The Turks and Caicos Islands Constitution (Interim Amendment) Order 2009
Made 18th March 2009
Laid before Parliament 25th March 2009
Coming into force in accordance with section 1(3)
At the Court at Buckingham Palace, the 18th day of March 2009
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by sections 5 and 7 of the West Indies Act 1962and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
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Citation, construction and commencementCitation, construction and commencement
1.—(1) This Order may be cited as the Turks and Caicos Islands Constitution (Interim Amendment) Order 2009 and shall be construed as one with the Turks and Caicos Islands Constitution Order 2006(in this Order referred to as “the 2006 Order”).
(2) This Order and the 2006 Order may be cited together as the Turks and Caicos Islands Constitution Orders 2006 to 2009.
(3) This Order shall come into force on such day as the Governor, acting in his or her discretion, may appoint by proclamation published in theGazette.
Interpretation
2. In this Order “the Constitution” means the Constitution of the Turks and Caicos Islands set out in Schedule 2 to the 2006 Order.
Duration of Order
3. This Order shall continue in force for the period of two years from the date of its commencement and shall then expire unless it is continued in force or sooner revoked by Order in Council.
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Offices to become vacantOffices to become vacant
4. On the commencement of this Order the following offices shall become vacant—
(a) Premier and other Minister;
(b) Speaker and Deputy Speaker;
(c) Leader of the Opposition;
(e) member of the Judicial Service Commission other than that of Chairman;
(f) member of the Public Service Commission other than that of Chairman; and
(g) Complaints Commissioner.
Cabinet
5. On the commencement of this Order the Cabinet shall cease to exist.
House of Assembly
6. On the commencement of this Order the House of Assembly shall be dissolved and all members of the House shall vacate their seats in the House.
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Suspension of certain provisions of the ConstitutionSuspension of certain provisions of the Constitution
7. While this Order is in force the provisions of the Constitution set out in Schedule 1 shall not have effect.
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Interim provisions to have effectInterim provisions to have effect
8. While this Order is in force the provisions set out in Schedule 2 shall have effect and shall be read together with the provisions of the Constitution not affected by section 7.
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Amendment of laws of Turks and Caicos IslandsAmendment of laws of Turks and Caicos Islands
9. While this Order is in force, where in any law in force in the Turks and Caicos Islands (other than the 2006 Order)—
(a) there is a reference to the Cabinet, the Premier, a Minister, the Cabinet Secretary or the Leader of the Opposition, any such reference shall be read and construed as a reference to the Governor, acting in his or her discretion;
(b) there is a reference to any power, duty or function of the Cabinet, the Premier, a Minister, the Cabinet Secretary or the Leader of the Opposition, any such reference shall be read and construed as a reference to a power, duty or function of the Governor and in the exercise or performance of it the Governor shall act in his or her discretion;
(c) there is a reference to the House of Assembly or any of its committees, the Speaker or the Deputy Speaker, any such reference shall be read and construed as a reference to the Governor, acting in his or her discretion;
(d) the Governor is required to exercise or perform any power, duty or function after consultation with, or in accordance with the advice of, the Cabinet, the Governor shall exercise or perform that power, duty or function in his or her discretion.
Judith Simpson
Clerk of the Privy Council
SCHEDULE 1
Section 7
PROVISIONS OF THE CONSTITUTION WHICH ARE SUSPENDED AND SHALL NOT HAVE EFFECT
2. In section 22—
(a) in subsection (1), the words “shall be a Belonger and”;
(b) in subsection (2), the words “who is a Belonger”.
3. In section 25—
(a) subsections (1), (2) and (3);
(b) in subsection (4), the words “other than the Cabinet”.
4. Sections 27 to 32 inclusive.
5. In section 33—
(a) subsections (2), (3) and (5);
(b) in subsection (4), the words “(other than the House of Assembly)”.
6. Sections 34 to 38 inclusive.
7. In section 39(5), the words “section 52(2) and section 53(2)”.
9. In section 73(2), the words “not exceeding two”.
10. In section 81(2)(b), the words “, acting after consultation with the Premier and the Leader of the Opposition,”.
11. In section 83—
(a) in subsection (2)(b), the words “, acting in accordance with the advice of the Premier”;
(b) in subsection (2)(c), the words “, acting after consultation with the Premier”;
(c) in subsection (2)(d), the words “, acting in accordance with the advice of the Leader of the Opposition”;
(d) in subsection (2)(e), the words “, acting after consultation with the Leader of the Opposition”;
(e) in subsection (5)(c), the words “an elected or appointed member of the House of Assembly,”;
(f) in subsection (7), the words “, acting in the manner prescribed by subsection (2) for the appointment of that member,”.
15. In section 92—
(a) in subsection (2), the words “, acting after consultation with the Premier and the Leader of the Opposition,”;
(b) in subsection (4)(c), the words “an elected or appointed member of the House of Assembly or”.
16. In section 95(2), the words “but shall first consult the Cabinet unless in any particular case the matter is in his or her judgement too urgent to permit such consultation”.
17. In section 98—
(a) in subsection (4), the words “House of Assembly (including Ministers)”;
(b) in subsection (5), the words “and, notwithstanding anything contained in Part IV of this Constitution, the sanctions which may be imposed may include the suspension of a member of the House of Assembly from sitting and voting in the House for such period as may be prescribed by such a law”.
18. In section 99—
(a) in subsection (1), the definitions of “appointed member”, “elected member”, “meeting”, “member”, “Minister”, “Premier”, “session”, “sitting” and “Standing Orders”;
(b) in subsection (2), the words “the House of Assembly” in paragraph (a) and all of the words after paragraph (c);
(c) in subsection (3), the words “has vacated his or her seat in the House of Assembly or”, the words “or elected as a member of that body or”, and the words “, as the case may be,”;
(d) in subsection (10), the words “a member of the House of Assembly or”.
SCHEDULE 2
Section 8
INTERIM PROVISIONS WHICH SHALL HAVE EFFECT
1. Advisory Council
(1) There shall be an Advisory Council for the Turks and Caicos Islands, which shall consist of—
(a)
(a) the Governor;
(b)
(b) the Deputy Governor, the Chief Executive, the Attorney General and the Permanent Secretary, Finance;
(c)
(c) up to seven other persons, who shall be known as “the nominated members”, appointed by the Governor, of whom at least five shall be Belongers.
(2) No person shall be appointed as a nominated member who—
(a)
(a) has been adjudged or otherwise declared bankrupt under any law in force in the Commonwealth and has not been discharged;
(b)
(b) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Islands;
(c)
(c) is under sentence of death imposed on him or her by a court of law in any country, or is serving or has at any time within the preceding five years been serving any part of a sentence of imprisonment (by whatever name...
