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Turks and Caicos Islands (Constitution) (Interim Amendment) (No. 2) Order 1987

As Enacted Cited authorities 2 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1987/1271
Year1987

1987 No. 1271

CARIBBEAN AND NORTH ATLANTIC TERRITORIES

The Turks and Caicos Islands (Constitution) (Interim Amendment) (No. 2) Order 1987

Made 21th July 1987

Laid before Parliament 29th July 1987

Coming into force 20th August 1987

At the Court at Buckingham Palace, the 21st day of July 1987

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 5 of the West Indies Act 19621and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

S-1 Citation, construction and commencement.

Citation, construction and commencement.

1.—(1) This Order may be cited as the Turks and Caicos Islands (Constitution) (Interim Amendment) (No. 2) Order 1987 and shall be construed as one with the Turks and Caicos Islands (Constitution) Order 19762, which Order is hereinafter referred to as “the principal Order”.

(2) This Order and the principal Order may be cited together as the Turks and Caicos Islands (Constitution) Orders 1976 to 1987.

(3) This Order shall come into force on 20th August 1987.

S-2 Amendment of section 7 of principal Order.

Amendment of section 7 of principal Order.

2.—(1) Section 7(1)(b) of the principal Order shall be amended by inserting before the words “any person” the words “or on the recommendation of,”.

(2) Section 7 of the principal Order shall be amended by the insertion of the following new subsection (4)—

S-4

“4 Where the Governor is by this Constitution or any other law directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority.”.

S-3 Amendment of section 25 of principal Order.

Amendment of section 25 of principal Order.

3. Section 25(1)(e) of the principal Order shall be replaced by the following—

“(e)

“(e) at the date of election, is under sentence of death imposed on him by a court of law in any country, or is serving or has at any time within the period of five years immediately preceding that date been serving any part of a sentence of imprisonment (by whatever name called) of at least twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court; or is under such a sentence of imprisonment the execution of which has been suspended;”.

S-4 Modification of sections 58 and 59 of principal Order.

Modification of sections 58 and 59 of principal Order.

4. The exercise by the Governor of his powers of appointment under section 58 of the principal Order and of his powers of dismissal or suspension or to take disciplinary action under section 59 of the principal Order shall be subject to Part VIIA of that Order (as inserted by section 5 of this Order).

S-5 Insertion of new Parts VIIA and VIIB in principal Order.

Insertion of new Parts VIIA and VIIB in principal Order.

5. The principal Order shall be amended by the insertion after Part VII of the new Parts VIIA and VIIB set out in the Schedule to this Order.

G. I. de Deney

Clerk of the Privy Council

SCHEDULE

Section 5

NEW PARTS VIIA AND VIIB OF PRINCIPAL ORDER

THE PUBLIC SERVICE

PART VIIA

THE PUBLIC SERVICE

public service commission

SCH-1.59A

59A. Public Service Commission.

(1) There shall be a Public Service Commission for the Turks and Caicos Islands, which shall consist of a Chairman and two other members.

(2) The Chairman of the Public Service Commission shall be appointed by the Governor, acting in his discretion, and the other members shall be appointed by the Governor, acting after consultation with the Executive Council.

(3) The members of the Public Service Commission shall be appointed by instrument under the public seal for such period, not being less than two nor more than four years, as may be specified in their respective instruments of appointment.

(4) No person shall be qualified to be appointed as a member of the Public Service Commission if he is a public officer or if he is or has been within the preceding three years—

(a)

(a) an elected or appointed member of the Legislative Council; or

(b)

(b) the holder of any office in any political party.

(5) The office of a member of the Public Service Commission shall become vacant—

(a)

(a) at the expiration of the period specified in the instrument by which he was appointed; or

(b)

(b) if he resigns his office by writing under his hand addressed to the Governor; or

(c)

(c) if he becomes an elected or appointed member of the Legislative Council, the holder of any office in any political party, or a public officer; or

(d)

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

(6) Whenever the office of the Chairman of the Public Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, such one of the other members of the Public Service Commission as the Governor, acting in his discretion, may appoint shall act in the office of the Chairman.

(7) If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder thereof is acting as the Chairman or is for any other reason unable to perform the functions of his office, the Governor, acting after consultation with the Executive Council, may appoint a...

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