Turks and Caicos Islands (Constitution) Order 1976
| Jurisdiction | UK Non-devolved |
| Citation | SI 1976/1156 |
| Year | 1976 |
1976 No. 1156
CARIBBEAN AND NORTH ATLANTIC TERRITORIES
The Turks and Caicos Islands (Constitution) Order 197623rdJuly 1976
9thAugust 1976
On a day to be appointed under section 1(2)
ARRANGEMENT OF ORDER
PART I
Introductory
Section
1. Citation, commencement and revocation.
2. Interpretation.
PART II
The Governor
3. The Governor.
4. Emoluments of Governor.
5. Acting Governor.
6. Governor's deputy.
7. Exercise of Governor's functions.
PART III
The Executive
8. The Executive Council.
9. Oaths.
10. Tenure of office by Chief Minister.
11. Tenure of office by Ministers.
12. Performance of functions of Chief Minister in certain events.
13. Assignment of responsibilities to members of Executive Council.
14. Governor's special responsibilities.
15. Summoning of Executive Council.
16. Proceedings in, and quorum of, Executive Council.
17. Attendance of other persons at meetings.
PART IV
The Legislative Council
Section
18. Constitution of the legislature.
19. The Legislative Council.
20. The Speaker and Deputy Speaker.
21. Elected members.
22. Qualifications for elected membership.
23. Appointed members.
24. Qualifications for appointed membership.
25. Disqualifications for elected or appointed membership.
26. Tenure of seats of members of the Legislative Council.
27. Qualification of electors.
28. Procedure for holding elections.
29. Determination as to validity of membership of ex officio and appointed members.
30. Determination as to validity of membership of elected members.
31. Penalty for unauthorised person sitting or voting.
32. Sessions of Legislative Council.
33. Prorogation and dissolution.
34. General elections and filling vacant seats.
PART V
Powers and Procedure of the Legislative Council
35. Power to make laws.
36. Standing Orders of the Legislative Council.
37. Oaths by members of the Legislative Council.
38. Presiding in the Legislative Council.
39. Voting.
40. Validity of proceedings.
41. Quorum.
42. Introduction of bills, etc.
43. Governor's reserved powers.
44. Assent to bills.
45. Return of bills by Governor.
46. Disallowance of laws.
47. Privileges, etc. of Legislative Council.
PART VI
THE JUDICATURE
The Supreme Court
48. Constitution of Supreme Court.
49. Tenure of office of the judges of the Supreme Court.
50. Acting judges of the Supreme Court.
51. Oaths to be taken by judges of the Supreme Court.
The Court of Appeal
Section
52. Constitution of Court of Appeal.
53. Tenure of office of judges of the Court of Appeal.
54. Acting Judges of Court of Appeal.
55. Oaths to be taken by judges of Court of Appeal.
PART VII
Miscellaneous
56. Grants of land.
57. Powers of pardon, etc.
58. Public offices and appointments.
59. Discipline of public service.
PART VIII
Fundamental Rights and Freedoms of the Individual
60. Fundamental rights and freedoms of the individual.
61. Protection of right to life.
62. Protection fror inhuman treatment.
63. Protection from slavery and forced labour.
64. Protection from arbitrary arrest or detention.
65. Provisions to secure protection of law.
66. Protection for privacy of home and property.
67. Protection of freedom of conscience.
68. Protection of freedom of expression.
69. Protection of freedom of assembly and association.
70. Protection of freedom of movement.
71. Protection from discrimination on grounds of race, etc.
72. Protection from deprivation of property.
73. Provisions for periods of public emergency.
74. Enforcement of fundamental rights.
75. Interpretation of Part VIII.
PART IX
Transitional and Supplementary
76. Existing law.
77. Electoral law.
78. Existing offices and officers.
79. Existing courts and pending proceedings.
80. Exercise of Governor's powers pending first meeting of Legislative Council.
81. Transitional provision relating to bill awaiting assent.
82. Power reserved to Her Majesty.
SCHEDULE
Forms of Oaths and Affirmations.
At the Court of Saint James, the 23rd day of July 1976
Present,
The Counsellors of State in Council
Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 29th day of June 1976, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:
Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Prince Charles, Prince of Wales, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by section 5 of the West Indies Act 1962(a) or otherwise in Her Majesty vested, and by and with the advice of Her Majesty's Privy Council, do on Her Majesty's behalf order, and it is hereby ordered, as follows:—
PART I
Introductory
Citation, commencement and revocation.
1.—(1) This Order may be cited as the Turks and Caicos Islands (Constitution) Order 1976.
(2) This Order shall come into operation on such day as the Governor, acting in his discretion, may appoint by proclamation published in the Gazette, which day shall not be earlier than 30th August 1976.
(3) The Turks and Caicos Islands (Constitution) Order 1969(b) and the Turks and Caicos Islands (Constitution) (Amendment) Order 1973(c) are hereby revoked.
Interpretation.
2.—(1) In this Order, unless the context otherwise requires—
"appointed day" means the day appointed under section 1(2) of this Order;
"appointed member" means a member of the Legislative Council appointed under section 23 of this Order;
"Chief Minister" means the person appointed as such under section 8(2) of this Order;
"Court of Appeal" means the Court of Appeal established by section 52 of this Order;
"elected member" means a member of the Legislative Council elected in pursuance of section 21 of this Order;
"ex officio member" means a member of the Executive Council who is a person holding one of the public offices specified in section 8(1)(d) of this Order, and includes a person appointed to act in any
(a) 1962 c. 19.
(b) S.I. 1969/736 (1969 II, p. 1992).
(c) S.I. 1973/599 (1973 I, p. 1909).
such office during the absence or incapacity of the substantive holder thereof or when the office is vacant;
"functions" includes powers and duties;
"Gazette" means the official Gazette of the Turks and Caicos Islands;
"Governor" means the person for the time being appointed as Governor of the Islands, and includes any person performing the functions of the Governor in pursuance of section 5 of this Order and, to the extent to which a deputy appointed under section 6 of this Order is authorised to act, that deputy;
"high judicial office" means the office of judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court;
"the Islands" means the Turks and Caicos Islands;
"law" includes any subsidiary instrument;
"meeting" means any sitting or sittings of the Legislative Council commencing when the Council first meets after being summoned at any time and terminating when the Council is adjourned sine die or at the conclusion of a session;
"member" in relation to the Legislative Council includes the Speaker or other person presiding over the Council;
"Minister" means a person appointed as such under section 8(2) of this Order;
"public office" means, subject to the provisions of subsection (2) of this section, an office of emolument in the public service;
"public officer" means the holder of any public office, and includes a person appointed to act in any public office;
"public service" means the service of the Crown in a civil capacity in respect of the government of the Islands;
"session" in relation to the Legislative Council means the sittings of the Council commencing when the Council first meets after being constituted under this Order, or after its prorogation or dissolution at any time, and terminating when the Council is next prorogued or dissolved without having been prorogued;
"sitting" in relation to the Legislative Council means a period during which the Council is sitting continuously without adjournment, and includes any period during which the Council is in committee;
"Standing Orders" means the Standing Orders of the Legislative Council made, or having effect as if made, under section 36 of this Order;
"subsidiary instrument" means any proclamation, regulation, order, rule or other like instrument having the force of law.
(2) For the purposes of this Order, a person shall not be considered as holding or acting in a public office by reason only that he—
(a) is in receipt of any remuneration or allowance as a member of the Legislative Council;
(b) is in receipt of a pension or other like allowance in respect of service under the Crown; or
(c) is on leave of absence pending relinquishment of a public office;
and a provision in any law for the time being in force in the Islands that a person shall not be disqualified for appointment or election as a member of the Legislative Council by reason of his holding or acting in any public office or class of public office specified therein shall have effect as if it were included in this Order.
(3) Any person who has vacated his seat in the Legislative Council or has vacated any office constituted by this Order may, if qualified, again be appointed or elected as a member of that body or to that office, as the case may be, from time to time.
(4) Where the holder of any office constituted by or under this Order is on leave of absence pending the relinquishment of that office, the person or authority having power to make appointments to that office may appoint another person thereto; and where two or more persons concurrently hold the same office by virtue of an appointment made in pursuance of this subsection, the person last appointed shall, in...
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