The Turks and Caicos Islands Constitution Order 2006

Tenure of seats of members of House of Assembly

48.—(1) Subject to this Constitution, an appointed member of the House of Assembly shall hold his or her seat in the House during Her Majesty’s pleasure.

(2) Every appointed or elected member of the House of Assembly shall vacate his or her seat in the House at the next dissolution of the House after his or her appointment or election.

(3) An appointed or elected member of the House of Assembly shall also vacate his or her seat in the House—

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

(b) if, without the written permission of the Speaker, he or she is absent from three consecutive meetings of the House;

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

(d) if he or she becomes a party to any contract with the Government, or if any firm in which he or she is a partner or any company of which he or she is a director or manager becomes a party to any such contract, or if he or she 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 or her seat; or

(e) if any circumstances arise such that, if he or she were not a member of the House, would cause him or her to be disqualified for appointment or election, as the case may be, by virtue of any provision of section 47(1), other than paragraph (f).

(4) (a) If circumstances such as are referred to in subsection (3)(e) 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 of corruption or 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) that member shall forthwith cease to perform his or her functions as a member of the House of Assembly, but, subject to paragraph (c), he or she shall not vacate his or her seat in the House until the expiration of a period of thirty days thereafter.

(b) The Governor, acting in his or her 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 the period of thirty days 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 House of Assembly.

(c) 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 or she shall forthwith vacate his or her seat.

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