The Turks and Caicos Islands (Finance) Order 2017

Powers of the Governor

4.—(1) This article applies where the Governor considers that there has been a failure to appropriate and provide reasonable funding for a matter listed in paragraph (2) (in this article, an “unfunded matter”).

(2) The matters referred to in paragraph (1) are—

(a) ensuring the effective conduct of the business of the Government with respect to—

(i) defence;

(ii) external affairs;

(iii) the regulation of international financial services;

(iv) internal security, including the Police Force; or

(v) the appointment of any person to any public office, the suspension, termination of appointment, dismissal or retirement of any public officer, the taking of any disciplinary action in respect of such an officer, the application to any public officer of the terms or conditions of employment of the public service and the organisation of the public service;

(b) upholding the rule of law and judicial independence;

(c) securing compliance with an international obligation;

(d) ensuring compliance with any Statement of Governance Principles for the time being in effect;

(e) ensuring the effective operation of committees of the House of Assembly, the courts, the Attorney General’s Chambers, and each institution protecting good governance; and

(f) giving effect to the recommendations contained in a report of the Electoral District Boundary Commission.

(3) The Governor may cause to be prepared a Supplementary Appropriation Bill to provide for the issue from the Consolidated Fund of any sums necessary to meet the expenditure for, and for the appropriation of those sums required for, an unfunded matter.

(4) If it appears to the Governor that the Cabinet is unwilling to support the introduction into the House of Assembly of a Supplementary Appropriation Bill prepared under paragraph (3), or that the House is unlikely to pass a Supplementary Appropriation Bill if introduced, the Governor may, with the prior approval of a Secretary of State, cause that Bill to be published in the Gazette and may (notwithstanding that the Bill has not been passed by the House) assent to it on behalf of Her Majesty.

(5) Where expenditure has been authorised for an unfunded matter by an Appropriation Ordinance or a Supplementary Appropriation Ordinance, whether prepared under paragraph (3) or not, money may be withdrawn from the Consolidated Fund to meet that specified expenditure upon the authority of a warrant signed by the Governor and addressed to the Accountant General, and the Accountant General shall ensure the release of that money for the purposes specified in the Ordinance.

(6) The Governor may suspend, withdraw, limit or place conditions on any warrant issued under paragraph (5) if the Governor is satisfied that such action is required by reason of a financial exigency or is otherwise in the public interest.

(7) The Governor may stop any action or reverse any decision taken by any Minister, public officer, or statutory body, to the extent that the Governor considers it necessary to ensure the provision of reasonable funding for an unfunded matter.

(8) The Governor, or a person authorised to act on his or her behalf for the purpose of this paragraph, has the power to require, from any Minister, public office or public officer, or statutory body the provision of information relating to the finances of the Government.

(9) The Governor, or a person authorised to act on his or her behalf for the purpose of this paragraph, may call meetings and attend any meetings of the public service or a statutory body to discuss matters relating to the finances of the Government, if in the judgement of the Governor (or the person authorised to act on his or her behalf) the purpose of the meeting renders their presence advisable.