The Turks and Caicos Islands Constitution Order 1988

There shall be a Governor of the Turks and Caicos Islands who shall be appointed by Her Majesty by Commission under Her Sign Manual and Signet and shall hold office during Her Majesty’s pleasure.

The Governor shall have such functions as may be conferred upon him by or under this Constitution or any other law and such other functions as Her Majesty may from time to time be pleased to assign to him and, subject to the provisions of this Constitution and, in the case of functions conferred upon him by or under any other law, subject to the provisions of that law, shall perform all such functions (including functions which are expressed by this Constitution to be exercisable in his discretion or which he is directed by this Constitution to exercise in his own judgment) according to such instructions, if any, as may be given to him by Her Majesty:

Provided that the question whether or not the Governor has in any matter complied with any such instructions shall not be inquired into by any court.

A person appointed to the office of Governor shall, before assuming the functions of that office, make oaths of allegiance and for the due execution of that office in the forms set out in Schedule 1 to this Constitution.

Before assuming the functions of the office of Governor, any such person shall make oaths of allegiance and for the due execution of that office in the forms set out in Schedule 1 to this Constitution.

A person shall not continue to perform the functions of the office of Governor under this section after the person holding that office or some other person having a prior right to perform those functions has notified him that he is about to assume or resume those functions.

For the purposes of this section (and without prejudice to section 88(11) of this Constitution), the Governor shall not be regarded as absent from the Islands or as unable to perform the functions of his office at any time when there is a subsisting appointment of a deputy under section 4 of this Constitution.

The power and authority of the Governor shall not be abridged, altered or in any way affected by the appointment of a deputy under this section and, subject to the provisions of this Constitution and of any other law by or under which any function which a deputy is authorised to perform is conferred, the deputy shall conform to and observe all instructions that may from time to time be given to him by Her Majesty through a Secretary of State or by the Governor:

Provided that the question whether or not the deputy has in any matter complied with any such instructions shall not be inquired into by any court.

A person appointed as a deputy under this section shall not continue to perform his functions as such after the Governor, or some other person with a prior right of appointment as deputy, has notified him that he is about to assume or resume those functions.

Subject to subsection (3) of this section, a person appointed as deputy under this section shall hold that office for such period as may be specified in the instrument by which he is appointed, but his appointment may be revoked at any time by Her Majesty through a Secretary of State or by the Governor.

In this section “the Governor” does not include a deputy appointed under this section.

In the exercise of any power conferred upon him by this section the Governor shall act in his discretion.

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

Where the Governor is by this Constitution or any other law directed to exercise any function in accordance with the recommendation or advice of, or after consultation with, any person or authority, the question whether he has so exercised that function shall not be inquired into by any court.

The executive authority of the Turks and Caicos Islands is vested in Her Majesty.

Subject to the provisions of this Constitution, the executive authority of the Turks and Caicos Islands shall be exercised on behalf of Her Majesty by the Governor, either directly or through officers subordinate to him.

Nothing in this section shall preclude persons or authorities other than the Governor from exercising such functions as are or may be conferred upon them by any law.

The Governor, acting in his discretion, shall appoint as Chief Minister the leader of that political party represented in the Legislative Council which commands the support of a majority of the elected members of the Council or, if there is no party which commands such a majority, such one of the leaders of the parties represented in the Council as, in the judgment of the Governor, is most likely to command the support of a majority of the elected members of the Council.

Appointments of the Chief Minister and the other Ministers shall be made by the Governor by instrument under the public seal.

If occasion arises for making an appointment of any Minister between a dissolution of the Legislative Council and the polling in the next following general election, a person who was an elected member of the Legislative Council immediately before the dissolution may be appointed as a Minister as if he were still a member of the Legislative Council.

The Governor shall, without delay, report to Her Majesty through a Secretary of State every appointment made under this section.

The Governor shall revoke the appointment of the Chief Minister if a motion that the Legislative Council should declare a lack of confidence in the Government of the Islands receives the affirmative vote of a majority of the elected members thereof:

Provided that before so revoking the Chief Minister’s appointment, the Governor shall consult the Chief Minister and if the Chief Minister so requests, the Governor, acting in his discretion, may dissolve the Legislative Council instead of revoking the appointment.

The Chief Minister shall vacate his office if, after the polling in a general election and before the Legislative Council first meets thereafter, the Governor, acting in his discretion, informs him that he is about to appoint another person as Chief Minister.

If the Chief Minister is unable, due to illness or his absence from the Islands, to perform the functions of his office, the Governor may authorise any other Minister to perform those functions.

In exercising his powers under this section the Governor shall act in accordance with the advice of the Chief Minister unless, in the Governor’s judgment, it is impracticable to obtain the Chief Minister’s advice owing to his illness or absence, in which case he shall exercise the power acting in his discretion.

Any authority given under this section shall be conferred by the Governor by instrument under the public seal, and may be revoked in like manner.

Subject to subsections (2), (3) and (4) of this section, the Governor, acting after full consultation with and on the advice of the Chief Minister, may by directions in writing assign to any member of the Executive Council responsibility for the conduct (subject to the provisions of this Constitution and of any other law) of any business of the Government of the Islands, including responsibility for the administration of any department of government.

In exercising his functions under subsection (1) of this section, the Governor shall act in accordance with the advice given to him by the Chief Minister unless he is instructed by a Secretary of State to do otherwise.

A member of the Executive Council shall not be charged with responsibility under this section for any of the matters mentioned in section 13(1) of this Constitution.

Responsibility for finance shall be assigned to the Financial Secretary.

A member of the Executive Council charged with responsibility for any matter in pursuance of this section shall exercise his responsibility in accordance with the policies of the Government as determined by the Executive Council and in accordance with the principle of the collective responsibility of the members of the Executive Council for the policies and decisions of the Government.

The Governor, acting in his discretion, may at any time call for any official papers or seek any official information or advice which is available to a member of the Executive Council with respect to any matter for which that member is charged with responsibility in pursuance of this section.

The Governor, acting in his discretion, may by directions in writing delegate, with the prior approval of a Secretary of State, to the Chief Minister or any other Minister designated by him after consultation with the Chief Minister such responsibility for matters relating to external affairs or internal security as the Governor may think fit upon such conditions as he may impose.

Where the Governor, acting in his discretion, determines that the exercise of any function conferred upon any other person or authority (other than the Legislative Council) would involve or affect any matter mentioned in subsection (1) of this section, he may, acting in his discretion, give directions as to the exercise of that function, and the person or authority concerned shall exercise the function in accordance with those directions.

The Governor shall, so far as is practicable, attend and preside at meetings of the Executive Council.

In the absence of the Governor from any meeting of the Council, the Chief Secretary, the Attorney General or the Financial Secretary, in that order, shall preside at the meeting.

No business shall be transacted at any meeting of the Council if there are less than five members present, including the person presiding, of whom three are Ministers.

Subject to subsection (3) of this section, the Council shall not be disqualified for the transaction of business by reason of any vacancy in the membership of the Council (including any vacancy not filled when the Council is first constituted or reconstituted at any time) and the validity of the transaction of business in the Council shall not be affected by reason only of the fact that some person who was not entitled so to do took part in the proceedings.

The powers of the Attorney General under subsection (1) of this section may be exercised by him in person or by officers subordinate to him acting under and in accordance with his general or special instructions.

The powers conferred upon the Attorney General by subsection (1)(b) and (c) of this section shall be vested in him to the exclusion of any other person or authority:

Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been charged before the court.

For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court or to Her Majesty in Council shall be deemed to be part of those proceedings.

In the exercise of the powers conferred upon him by this section, section 30(2) and section 31(2) of this Constitution the Attorney General shall not be subject to the direction or control of any other person or authority.

When the Legislative Council first meets after a general election, or after the office of Speaker has fallen vacant for any reason other than a dissolution of the Council, and before it proceeds to the despatch of any other business, the Council shall elect a person to be Speaker of the Council.

The Speaker shall be elected from among the elected or appointed members of the Legislative Council who are not members of the Executive Council or from among persons who are not members of the Legislative Council, and shall be elected by a majority of the votes of the elected and appointed members of the Legislative Council:

Provided that no person shall be elected as Speaker who is not qualified to be an appointed member or who would for any reason be disqualified from being an appointed member.

When the Legislative Council first meets after a general election, and before it proceeds to the despatch of any other business except the election of a Speaker, it shall elect a member, from among the elected or appointed members of the Legislative Council who are not members of the Executive Council, to be the Deputy Speaker, by a majority of the votes of the elected and appointed members of the Legislative Council, and if the office of Deputy Speaker falls vacant for any reason other than a dissolution of the Council, the Council shall, as soon as convenient, elect another such member to that office.

The elected members of the Legislative Council shall be persons qualified for election in accordance with the provisions of this Constitution and, subject to the provisions of this Constitution, shall be elected in the manner provided by law.

For the purposes of elections to the Legislative Council, the Islands shall be divided into the five electoral districts specified in Column 1 of Schedule 2 to this Constitution which shall comprise the islands or component parts specified in relation thereto in Column 2 of that Schedule, and each electoral district shall return to the Council the number of members specified in relation thereto in Column 3 of that Schedule.

Subject to the provisions of this Constitution, an appointed member of the Legislative Council shall hold his seat therein during Her Majesty’s pleasure.

Every appointed or elected member of the Legislative Council shall vacate his seat therein at the next dissolution of the Council after his appointment or election.

Section 25(2) of this Constitution shall apply for the purpose of subsection (2)(b) of this section as it applies for the purpose of section 25(1)(e).

In this section “qualifying date” means such date as may be appointed by or under any law as the date with reference to which the qualifications of persons for registration as electors, for the purpose of the election of members of the Legislative Council, are to be ascertained.

Subject to the provisions of this section, the Governor may appoint a Leader of the Opposition.

If at any time between the polling in a general election and the next following dissolution of the Legislative Council the Governor is satisfied that, if the office of the Leader of the Opposition were then vacant, he would appoint thereto a person other than the person then holding that office, the Governor shall revoke the appointment of the Leader of the Opposition.

In this section, “opposition party” means a group of members of the Legislative Council in opposition to the Government who are prepared to support one of their number as their leader.

In the exercise of his functions under this section the Governor shall act in his discretion.

An application to the Supreme Court for the determination of any question under subsection (1) of this section may be made by the Attorney General or by any person who is a registered elector; and an application for the determination of any question under paragraph (b) of that subsection may also be made by any member of the Legislative Council.

Any person who sits or votes in the Legislative Council knowing, or having reasonable grounds for believing, that he is not entitled so to do shall be liable to a penalty not exceeding two hundred dollars for each day on which he so sits or votes.

The penalty referred to in subsection (1) of this section shall be recoverable by action in the Supreme Court at the suit of the Attorney General.

Subject to the provisions of this section, the sessions of the Legislative Council shall be held at such times and places as the Governor may appoint by proclamation published in theGazette:

Provided that there shall be at least one session in every year and a session shall be held within one month after any general election.

When the Council is in session, the Speaker may call meetings of the Council from time to time and, if no meeting has been called sooner, shall call a meeting within four months of the previous meeting or at any time when requested so to do by the Governor or by seven or more members of the Council.

The Governor, acting in accordance with the advice of the Chief Minister, may at any time prorogue the Legislative Council by proclamation published in theGazette.

The Governor, acting after consultation with the Chief Minister, may at any time dissolve the Legislative Council by proclamation published in theGazette.

The Governor shall dissolve the Legislative Council at the expiration of four years from the date when the Council first meets after any general election (including the last general election before the commencement of this Constitution), unless it has been sooner dissolved.

A general election shall be held at such time within three months after every dissolution of the Legislative Council as the Governor shall appoint by proclamation published in theGazette.

Whenever an elected member of the Legislative Council vacates his seat, for any reason other than a dissolution of the Council, an election shall be held to fill the vacancy, on such date as the Governor shall appoint by proclamation published in theGazette, within three months of the occurrence of the vacancy unless the Council is sooner dissolved or will be dissolved under section 33(3) of this Constitution within four months of the occurrence of the vacancy.

Whenever an appointed member of the Legislative Council vacates his seat, for any reason other than a dissolution of the Council, the Governor shall, as soon as practicable, appoint a person to fill the vacancy under section 23 of this Constitution.

Subject to the provisions of this Constitution and of any Instructions under Her Majesty’s Sign Manual and Signet, the Legislative Council may make, amend and revoke Standing Orders for the regulation and orderly conduct of its own proceedings, and for the passing, intituling and numbering of Bills and their presentation to the Governor for assent, but such Standing Orders shall not have effect until approved by the Governor.

Standing Orders made under this section may provide for the establishment of committees of the Council (in addition to the Standing Committees to be established under section 37 of this Constitution) and for the proceedings and conduct of business before any such committees.

The Legislative Council shall establish at least two Standing Committees of the Council, each of which shall be charged with responsibility for monitoring the conduct of business of the Government for which responsibility has been assigned to a Minister or Ministers under section 12(1) of this Constitution.

Each Standing Committee shall consist of members of the Legislative Council who are not Ministers.

The composition of each Standing Committee shall, so far as possible, ensure that the representation of political parties in the Committee is proportionate to the numerical strength of those parties in the Legislative Council.

At least one Standing Committee shall be presided over by a member of the Legislative Council in opposition to the Government.

The Legislative Council shall publish reports submitted to it under subsection (5)(c) of this section.

Subject to the foregoing provisions of this section, Standing Orders shall provide for the composition and functions of, and proceedings and conduct of business before, Standing Committees.

The Speaker or, in his absence, the Deputy Speaker or, if they are both absent, an elected or appointed member of the Legislative Council (not being a member of the Executive Council) elected by the elected and appointed members of the Legislative Council, shall preside in the Legislative Council.

References in this section to absence of the Speaker or the Deputy Speaker shall include circumstances in which either office is vacant.

Save as otherwise provided in this Constitution, all questions proposed for decision in the Legislative Council shall be determined by a majority of the votes of the members present and voting.

The person presiding shall not vote unless on any question the votes are equally divided in which case he shall have and exercise a casting vote if, but not unless, in the case of the Speaker, he is an elected or appointed member.

A quorum of the Legislative Council shall be eight members not including the person presiding, of whom five are elected members.

If at any sitting of the Council any member who is present draws the attention of the person presiding at the sitting to the absence of a quorum and, after such interval as may be prescribed in Standing Orders, the person presiding at the sitting ascertains that a quorum of the Council is still not present, the Council shall be adjourned.

Subject to the provisions of this Constitution and of Standing Orders, any member may introduce any bill or propose any motion for debate in, or may present any petition to, the Legislative Council, and the same shall be debated and disposed of according to the Standing Orders.

If any member of the Executive Council so desires, he may, within thirty days of the date of the making of a declaration under this section, submit to the Governor a statement in writing of his comments on the making of such declaration, and the Governor shall forward such statement, or a copy thereof, as soon as practicable to a Secretary of State.

Any declaration made under this section that relates to a motion may be revoked by a Secretary of State, and the Governor shall cause notice of such revocation to be published in theGazette; and from the date of such publication any motion which has effect by virtue of the declaration shall cease to have effect, and section 16(1) of the Interpretation Act 19783 shall apply to the revocation as it applies to the repeal of an Act of Parliament.

The powers conferred upon the Governor by subsections (1) and (2) of this section shall be exercised by him in his discretion.

Any law to which the Governor has given his assent may be disallowed by Her Majesty through a Secretary of State.

Whenever a law has been disallowed by Her Majesty the Governor shall, as soon as practicable, cause notice of the disallowance to be published in theGazette and the law shall be annulled with effect from the date of the publication of that notice.

Section 16(1) of the Interpretation Act 1978 shall apply to the annulment of any law under this section as it applies to the repeal of an Act of Parliament, save that any enactment repealed or amended by or in pursuance of that law shall have effect as from the date of the annulment as if that law had not been made.

There shall be a Complaints Commissioner for the Turks and Caicos Islands.

The Complaints Commissioner shall be appointed by the Governor, acting after consultation with the Chief Minister and the Leader of the Opposition, by instrument under the public seal.

Subject to such exceptions as the Governor, acting in his discretion, may authorise by directions in writing, the Complaints Commissioner shall not hold any other office of emolument either in the public service or otherwise nor engage in any occupation for reward other than the duties of his office.

The Complaints Commissioner shall have such functions and jurisdiction as may be prescribed by law.

In the exercise of his functions, the Complaints Commissioner shall not be subject to the direction or control of any other person or authority.

No person shall be deprived intentionally of his life save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.

No person shall be subjected to torture or to inhuman or degrading treatment or punishment.

Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in the Islands immediately before the commencement of this Constitution.

No person shall be held in slavery or servitude.

No person shall be required to perform forced labour.

Any person who is arrested or detained shall be informed as soon as is reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.

Any person who is arrested or detained in such a case as is mentioned in subsection (1)(d) or (e) of this section and who is not released shall be brought without undue delay before a court; and if any person arrested or detained in such a case as is mentioned in subsection (1)(e) of this section is not tried within a reasonable time he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.

If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.

When a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.

No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence under section 84 of this Constitution.

No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be determined fairly within a reasonable time.

All proceedings instituted in any court for the determination of the existence or extent of any civil right or obligation, including the announcement of the decision of the court, shall be held in public.

In this section, “legal representative” means a person entitled to practise in the Islands as an attorney.

Except with his consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

Except with his consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

Except with his consent (or, if he is a person who has not attained the age of twenty-one years, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.

No religious community or denomination shall be prevented from or hindered in providing religious instruction for persons of that community or denomination in the course of any education provided by that community or denomination whether or not that community or denomination is in receipt of any government subsidy, grant or other form of financial assistance designed to meet, in whole or in part, the cost of such course of education.

No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.

Except with his consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purposes of this section the said freedom includes freedom to hold opinions and to receive and impart ideas and information without interference, and freedom from interference with his correspondence.

For the purposes of subsection (2)(b) of this section in so far as it relates to public officers, “law” in that subsection includes directions in writing regarding the conduct of public officers generally or any class of public officer issued by the Government.

Except with his consent, no person shall be hindered in the enjoyment of his freedom of peaceful assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to political parties or to form or belong to trade unions or other associations for the protection of his interests.

For the purposes of subsection (2)(b) of this section, “law” in that subsection includes directions in writing regarding the conduct of public officers generally or any class of public officer issued by the Government.

Except with his consent, no person shall be hindered in the enjoyment of his freedom of movement, that is to say, the right to move freely throughout the Islands, the right to reside in any part thereof, the right to enter the Islands and immunity from expulsion therefrom.

For the purposes of subsection (2)(c) of this section, “law” in that subsection includes directions in writing regarding the conduct of public officers generally or any class of public officer issued by the Government.

Any restriction on a person’s freedom of movement which is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

For the purposes of this section, a person shall be deemed to belong to the Islands if he has, under the law in force in the Islands regulating immigration, the status of “Belonger”.

Subject to subsections (4), (5) and (8) of this section, no law shall make any provision which is discriminatory either of itself or in its effect.

Subject to subsections (6), (8) and (9) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any law or in the performance of the functions of any public office or any public authority.

In this section, “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it requires a person to belong to the Islands for the purposes of section 77 of this Constitution or to possess any other qualification (not being a qualification specifically relating to race, place of origin, political opinions, colour or creed) in order to be eligible for appointment to any office in the public service or in a disciplined force or any office in the service of a local government authority or of a body corporate established directly by any law for public purposes.

Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.

Subject to subsection (8) of this section, no person shall be treated in a discriminatory manner in respect of access to any of the following places to which the general public have access, namely, shops, hotels, restaurants, eating-houses, licensed premises, places of entertainment or places of resort.

Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 73, 74, 75, 76 and 77 of this Constitution, being such a restriction as is authorised by section 73(2)(a), 74(5), 75(2), 76(2) or 77(2)(a) as the case may be.

Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.

Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that the law in question makes provision for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no moneys have been invested other than moneys provided from public funds.

Nothing contained in or done under the authority of any regulation made under the Emergency Powers Orders in Council 1939 to 19736 or the Emergency Powers Ordinance10 shall be held to be inconsistent with or in contravention of section 71, section 72 other than subsections (4) and (6) thereof or any provision of sections 73 to 78 (inclusive) of this Constitution to the extent that the regulation in question makes in relation to any period of public emergency provision, or authorises the doing during any such period of anything, that is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purpose of dealing with that situation.

Where any person who is lawfully detained in pursuance of such a regulation as is referred to in subsection (1) of this section so requests at any time during the period of that detention (but if he has already made such a request during that period not earlier than six months after he last made such a request during that period), his case shall within one month of making the request be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice.

On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by which it was ordered but, unless it is otherwise prescribed, that authority shall not be obliged to act in accordance with any such recommendations.

If any person alleges that any of the foregoing provisions of this Part has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for redress.

If, in any proceedings in any court established in the Islands other than the Supreme Court or the Court of Appeal, any question arises as to the contravention of any of the foregoing provisions of this Part, the court in which the question has arisen shall refer the question to the Supreme Court, unless, in its opinion, the raising of the question is merely frivolous or vexatious.

An appeal shall lie as of right to the Court of Appeal from any final determination of any application or question by the Supreme Court under this section, and an appeal shall lie as of right to Her Majesty in Council from the final determination by the Court of Appeal of the appeal in any such case:

• Provided that no appeal shall lie from a determination by the Supreme Court under this section dismissing an application on the ground that it is frivolous or vexatious.

A law made under section 35 of this Constitution may confer upon the Supreme Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by this section.

In this Part, unless it is otherwise expressly provided or required by the context—

• “contravention” in relation to any requirement includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

• “court” means any court of law having jurisdiction in the Islands, including Her Majesty in Council, but excepting, save in sections 68 and 70 of this Constitution, a court constituted by or under disciplinary law;

• “disciplinary law” means a law regulating the discipline of any disciplined force;

• “disciplined force” means—

  1. a

     a naval, military or air force;

  2. b

     any police force or prison service of the Islands;

• “member” in relation to a disciplined force includes any person who, under the law regulating the discipline of that force, is subject to that discipline;

• “period of public emergency” means any period during which—

  1. a

     Her Majesty is at war; or

  2. b

     there is in force in the Islands a proclamation of emergency under the Emergency Powers Orders in Council 1939 to 1973 or under the Emergency Powers Ordinance.

In relation to any person who is a member of a disciplined force raised under the law of the Islands, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of the provisions of this Part other than sections 68, 69 and 70.

In relation to any person who is a member of a disciplined force raised otherwise than as aforesaid and lawfully present in the Islands, nothing contained in or done under the authority of the disciplinary law of that force shall be held to be inconsistent with or in contravention of any of the provisions of this Part.

In the exercise of his powers under this section the Governor shall act in his discretion but shall first consult the Executive Council unless in any particular case, not falling within subsection (3) of this section, the matter is in his judgment too urgent to permit such consultation.

Where any person has been sentenced to death for an offence (otherwise than by a court-martial) the Governor shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as he may require, to be taken into consideration at a meeting of the Executive Council:

• Provided that if it is impracticable to obtain such a report, the Governor may act without such a report, but in that case shall, if practicable, cause to be taken into consideration a report furnished by the registrar of the court after consulting counsel for the prosecution and defence in the case.

Subject to the provisions of this Constitution and of any other law, the Governor may for cause shown to his satisfaction remove or suspend from the exercise of his functions any person holding or acting in a public office, or take such disciplinary action with respect to such a person as may seem to him desirable.

An officer who is suspended from the exercise of his functions shall be paid such salary, not being less than half his rate of salary, for the period of suspension as the Governor may determine.

There shall be for the Islands a Register of Interests, which shall be maintained by a Registrar who shall be appointed, and may be removed from office, by the Governor acting in his discretion.

It shall be the duty of any person to whom this section applies to declare to the Registrar, for entry in the Register of Interests, such interests, assets, income and liabilities of that person, or of any other person connected with him, as may be prescribed by law.

A person shall make a declaration under subsection (2) of this section upon assuming the functions of his office and at such intervals thereafter (being no longer than twelve months) as may be prescribed by law.

This section applies to all members of the Legislative Council (including Ministers) and the holders of such other offices (except that of Governor) as may be prescribed by law.

A law made under section 35 of this Constitution shall make provision for giving effect to this section.

In this Constitution, unless the context otherwise requires—

• “appointed member” means a member of the Legislative Council appointed under section 23 of this Constitution;

• “Chief Minister” means the person appointed as such under section 7(2) of this Constitution;

• “Court of Appeal” means the Court of Appeal established by section 53 of this Constitution;

• “elected member” means a member of the Legislative Council elected in pursuance of section 21 of this Constitution;

• “functions” includes powers and duties;

• “Gazette” means the officialGazette 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 3 of this Constitution and, to the extent to which a deputy appointed under section 4 of this Constitution 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 adjournedsine 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 Chief Minister or other Minister under section 7 of this Constitution;

• “public office” means, subject to 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 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 under section 36 of this Constitution;

• “subsidiary instrument” means any proclamation, regulation, order, rule or other like instrument having the force of law.

Any person who has vacated his seat in the Legislative Council or has vacated any office constituted by or under this Constitution 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.

Except where the context otherwise requires, a reference in this Constitution to the holder of an office by the term designating his office shall be construed as a reference to any person for the time being lawfully performing the functions of that office.

Where the holder of any office constituted by or under this Constitution 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 respect of any function conferred on the holder of that office, be deemed to be the sole holder thereof.

Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in an office if the holder thereof is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office.

Any power conferred by this Constitution to make any subsidiary instrument or to give any instructions or directions or make any designation shall be construed as including a power exercisable in like manner to amend or revoke any such instrument, instructions, directions or designation.

Where a person is required by this Constitution to make an oath he shall, if he so desires, be permitted to comply with that requirement by making an affirmation in the form provided for in Schedule 1 to this Constitution.

For the purposes of this Constitution, the resignation of a member of the Legislative Council or the holder of any office constituted by this Constitution that is required to be addressed to any person shall, unless otherwise expressly provided, be deemed to have effect from the time at which it is received by that person.

For the purposes of this Constitution, a person shall not be regarded as absent from the Islands or as unable to perform the functions of his office by reason only that he is in passage from one part of the Islands to another.