The Turks and Caicos Islands Constitution Order 1988

Exercise of Governor’s functions.

5.—(1) Subject to the provisions of this section, the Governor shall consult the Executive Council on the formulation of policy and in the exercise of all functions conferred upon him by this Constitution or any other law, except—

(a) when acting under instructions given to him by Her Majesty through a Secretary of State;

(b) when exercising any function conferred upon him by this Constitution or any other law which is expressed to be exercisable by him in his discretion or in his judgment or in accordance with the recommendation or advice of, or after consultation with, any person or authority other than the Executive Council; or

(c) in any case which, in his judgment, involves a matter for which he is responsible under section 13 of this Constitution:

• Provided that in exercising his powers in relation to matters to which paragraph (c) above applies, the Governor shall keep the Executive Council informed of any matter which, in his judgment, may involve the economic and financial interests of the Islands or the enactment of law, and, in the case of matters relating to defence or external affairs, the domestic interests of the Islands.

(2) Notwithstanding subsection (1) of this section, the Governor shall not be obliged to consult the Executive Council if, in his judgment—

(a) Her Majesty’s service would sustain material prejudice;

(b) the matter is too unimportant to require consultation; or

(c) the urgency of the matter requires him to act before he can consult the Executive Council;

but in any case falling within paragraph (c) above he shall, as soon as practicable, communicate to the Executive Council the measures which he has adopted and the reasons therefor.

(3) In any case in which the Governor is required by this section to consult the Executive Council, he shall act in accordance with the advice given to him by the Executive Council unless in his judgment the interests of public order, public faith or good government require that he do otherwise:

Provided that—

(a) the Governor shall not act contrary to the advice given to him by the Executive Council without the prior approval of a Secretary of State, unless, in his judgment, the matter is of such urgency that it is necessary for him to act before obtaining such approval; and if he does so act he shall, as soon as practicable, report his action and the reasons therefor to a Secretary of State;

(b) whenever the Governor proposes to act contrary to the advice given to him by the Executive Council he shall inform the Executive Council in writing of his reasons; and any member who wishes to do so may, within thirty days, submit his comments in writing to the Governor who shall forward them to a Secretary of State as soon as practicable.

(4) 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.

(5) 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.