The Turks and Caicos Islands Constitution Order 1988

Tenure of seats of members of Legislative Council.

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

(2) 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.

(3) An appointed or elected member of the Legislative Council shall also vacate his seat therein—

(a) if he resigns it by writing under his hand addressed to the Speaker;

(b) if, without the written permission of the Speaker, he is absent from three consecutive meetings of the Legislative Council;

(c) if he ceases to be ordinarily resident in the Islands;

(d) if he becomes a party to any contract with the Government of the Islands, or if any firm in which he is a partner or any company of which he is a director or manager becomes a party to any such contract, or if he becomes a partner in a firm or a director or manager of a company which is a party to any such contract, unless exempted by the Speaker from vacating his seat; or

(e) if any circumstances arise such that, if he were not a member of the Legislative Council, would cause him to be disqualified for appointment or election, as the case may be, by virtue of any provision of section 25(1) of this Constitution, other than paragraph (f).

(4) (a) If circumstances such as are referred to in subsection (3)(e) of this section arise because a member is declared bankrupt, adjudged to be of unsound mind, under sentence of death or imprisonment or convicted or reported guilty of an offence relating to elections and it is open to the member to appeal against the decision (either with or without the leave of a court or other authority) he shall forthwith cease to perform his functions as a member of the Legislative Council, but, subject to paragraph (b) of this subsection, he shall not vacate his seat in the Council until the expiration of a period of thirty days thereafter:

Provided that the Governor, acting in his discretion, in the case of an appointed member, or the Speaker, in the case of an elected member, may at the request of the member, from time to time, extend that period to enable the member to pursue an appeal against the decision, save that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the Legislative Council.

(b) If, on the determination of any appeal, such circumstances as aforesaid continue to exist and no further appeal is open to the member, or if for any reason, including the refusal of leave to appeal or the expiration of any time limit for entering an appeal, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.

(c) If at any time before the member vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (a) of this subsection and he may resume the performance of his functions as a member.