Turks and Caicos Islands

Turks and Caicos Constitution Order (2011)

Updated: June 2015

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Article 55, section (1) states:

Subject to subsection (2), a person shall be qualified to be registered as an elector for the purposes of the election of members of the House of Assembly if, and shall not be so qualified unless:

  • (a) he or she was lawfully registered as such an elector on the date of commencement of this Constitution; or
  • (b) on the qualifying date:
    • (i) he or she has attained the age of eighteen years; and
    • (ii) he or she is resident in the Islands and has been so resident for not less than twelve months, in the aggregate, out of the two years immediately preceding the qualifying date, or he or she is a member of Her Majesty’s Forces, a person working abroad on

Government business or a student resident abroad in such circumstances as may be prescribed by Ordinance; and (iii) he or she is a Turks and Caicos Islander.

 

Excerpt from the Turks and Caicos Constitution Order (2011)

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Article 5, section (2) states:

No person shall be deprived of his or her personal liberty save in accordance with a procedure prescribed by law in any of the following cases:…

  • (g) for the purpose of preventing the spread of an infectious or contagious disease or in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his or her care or treatment or the protection of the community…

 

Article 25, section (2) states:

If the office of Deputy Governor is vacant or the person holding that office is acting in the office of Governor under section 26 or is for any reason unable to perform the functions of the office of Deputy Governor, then the Governor, acting in his or her discretion, may appoint a person who is a Turks and Caicos Islander to act as Deputy Governor and any such person shall continue so to act until his or her appointment is revoked by the Governor, acting in his or her discretion.

 

Article 26, section (1) states:

During any period when the office of Governor is vacant or the Governor is absent from the Islands or is for any reason unable to perform the functions of that office, those functions shall, during Her Majesty’s pleasure, be assumed and performed by the person holding the office of—

  • (a) Deputy Governor; or
  • (b) Attorney General; or
  • (c) Permanent Secretary, Finance, in that order, or by such other person as Her Majesty may designate by instructions given through a Secretary of State.

 

Article 27, section (1) states:

Whenever the Governor--…

  • (c) is suffering from an illness which he or she has reason to believe will be of short duration, the Governor may, by instrument in writing, appoint one of the persons holding one of the offices mentioned in paragraph (a), (b) or (c) of section 26(1), in that order, or if no such person is available, such other person as he or she may designate, during such absence or illness to perform on his or her behalf such of the functions of the office of Governor as may be specified in that instrument.

 

Article 35 states:

(1) If the Premier is unable, due to illness or absence from the Islands, to perform the functions of his or her office, the Governor shall authorise the Deputy Premier to perform those functions; and in the absence or illness of the Deputy Premier, the Governor shall authorize another Minister to perform those functions, acting in accordance with the advice of the Premier or, if in the Governor’s judgement it is impracticable to obtain the Premier’s advice, acting in his or her discretion.

(2) Whenever a Minister other than the Premier is unable, by reason of illness or absence from the Islands or absence from his or her duties on leave, to perform the functions of his or her office, the Governor, acting in accordance with the advice of the Premier, may—

  • (a) appoint a person who is a member of the House of Assembly to be a temporary Minister; or
  • (b) assign responsibility for the performance of the functions of that Minister to another Minister (including the Premier), and may specify the period for which such person shall be a temporary Minister or for which such other Minister shall perform the functions of that Minister…

 

Article 49, section (1) states:

No person shall be qualified to be an elected member of the House of Assembly who, on the date of his or her nomination for election:…

  • (d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Islands…

 

Article 52, section (3) states:

(a) If circumstances…arise because a member of the House of Assembly:…

(b) is adjudged to be of unsound mind…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, but, subject to subsection (5), he or she shall not vacate his or her seat in the House until the expiration of 30 days thereafter.

 

Article 55, section (2) states:

No person shall be qualified to be registered as an elector under this section who on the qualifying date:

  • (a) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Islands…

 

Article 60, section (4) states:

The Chairman or other member of a [Electoral District Boundary] Commission shall vacate his or her office—…if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

 

Article 78 states:

(1) If the office of Chief Justice is vacant, or the holder of that office is for any reason unable to perform the functions of that office, then, until some other person has been appointed to, and has assumed the functions of, that office, or until the holder of that office has resumed those functions, as the case may be, such one of the other judges of the Supreme Court or such other person qualified for appointment as a judge of the Supreme Court as the Governor, acting in accordance with section 87, may appoint for that purpose shall act in that office.

(2) If the office of a judge of the Supreme Court other than the Chief Justice is vacant, or if any such judge is acting as the Chief Justice or is for any reason unable to perform the functions of his or her office, the Governor, acting in accordance with section 87, may appoint a person qualified for appointment as a judge of the Supreme Court to act as such a judge….

 

Article 81 states:

(1) If the office of the President of the Court of Appeal is vacant, or if the holder of that office is for any reason unable to perform the functions of that office, then, until some other person has been appointed to, and has assumed the functions of, that office, or until the holder of that office has resumed those functions, as the case may be, such one of the Justices of Appeal or such other person qualified for appointment as a judge of the Court of Appeal as the Governor, acting in accordance with section 87, may appoint for that purpose shall act in the office of President.

(2) If the office of a Justice of Appeal is vacant, or if any Justice of Appeal is acting as the President or is for any reason unable to perform the functions of his or her office, the Governor, acting in accordance with section 87, may appoint a person possessing such legal qualifications and experience as he or she, after consultation with the President of the Court, may deem appropriate to act as a Justice of Appeal…

 

Article 85 states:

(5) A judge or a magistrate may be removed from office only for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with subsection (6).

(6) A judge or a magistrate shall be removed from office by the Governor by instrument under the public seal if the question of the removal of that judge or magistrate from office has, at the request of the Governor made in pursuance of subsection (7), been referred by Her Majesty to the Judicial Committee of Her Majesty’s Privy Council under section 4 of the Judicial Committee Act 1833(a) or any other enactment enabling Her Majesty in that behalf, and the Judicial Committee has advised Her Majesty that the judge or magistrate ought to be removed from office for inability as aforesaid or for misbehaviour.

(7) If the Governor considers that the question of removing a judge or magistrate from office for inability as aforesaid or for misbehaviour ought to be investigated, then—

  • (a) the Governor shall appoint a tribunal, which shall consist of a Chairman and not less than two other members selected by the Governor from among persons who hold or have held high judicial office;
  • (b) the tribunal shall inquire into the matter and report on the facts thereof to the Governor and advise the Governor whether he or she should request that the question of the removal of that judge or magistrate should be referred by Her Majesty to the Judicial Committee; and
  • (c) if the tribunal so advises, the Governor shall request that the question should be referred accordingly…

(9) If the question of removing a judge or magistrate from office has been referred to a tribunal under subsection (7) the Governor may suspend the judge or magistrate from performing the functions of his or her office, and any such suspension may at any time be revoked by the Governor, and shall in any case cease to have effect—

  • (a) if the tribunal advises the Governor that he or she should not request that the question of the removal of the judge or magistrate from office should be referred by Her Majesty to the Judicial Committee; or
  • (b) if the Judicial Committee advises Her Majesty that the judge or magistrate ought not to be removed from office.

(10) The powers conferred on the Governor by this section shall be exercised by the Governor in his or her discretion.

 

Article 86 states:

(4) The office of a member of the Judicial Service Commission shall become vacant—…

  • (c) if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

(5) If the office of a member of the Judicial Service Commission becomes vacant or if such a member is for any reason unable to perform the functions of that office, the Governor, acting in the manner prescribed by subsection (2) for the appointment of that member, may appoint another suitably qualified person to act as a member of the Commission; and any person so appointed shall, subject to subsection (4), continue so to act until he or she is notified by the Governor, acting in his or her discretion, that the circumstances giving rise to the appointment have ceased to exist…

 

Article 89 states:

(5) The office of a member of the Public Service Commission shall become vacant—…

  • (d) if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

(6) Whenever the office of the Chairman of the Public Service Commission is vacant or the holder of that office is for any reason unable to perform the functions of that office, such one of the other members of the Public Service Commission as the Governor, acting in his or her discretion, may appoint shall act in the office of the Chairman; and any person so appointed shall, subject to subsection (5), continue so to act until he or she is notified by the Governor, acting in his or her discretion, that the circumstances giving rise to the appointment have ceased to exist.

(7) If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder of that office is acting as the Chairman or is for any other reason unable to perform the functions of his or her office, the Governor, acting in the manner prescribed by subsection (2) for the appointment of that member, may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission; and any person so appointed shall, subject to subsection (5), continue so to act until he or she is notified by the Governor, acting in his or her discretion, that the circumstances giving rise to the appointment have ceased to exist…

 

Article 91, section (4) states:

A person holding the office of Attorney General, Auditor General, Director of Public Prosecutions or Supervisor of Elections may be removed from office only for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and with the prior approval of a Secretary of State.

 

Article 99, section (3) states:

The office of Complaints Commissioner shall become vacant—…

  • (d) if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

 

Article 134, section (3) states:

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 of that office 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.

 

Excerpts from the Turks and Caicos Constitution Order (2011)

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Article 25, section (2) states:

If the office of Deputy Governor is vacant or the person holding that office is acting in the office of Governor under section 26 or is for any reason unable to perform the functions of the office of Deputy Governor, then the Governor, acting in his or her discretion, may appoint a person who is a Turks and Caicos Islander to act as Deputy Governor and any such person shall continue so to act until his or her appointment is revoked by the Governor, acting in his or her discretion.

 

Article 26, section (1) states:

During any period when the office of Governor is vacant or the Governor is absent from the Islands or is for any reason unable to perform the functions of that office, those functions shall, during Her Majesty’s pleasure, be assumed and performed by the person holding the office of—

  • (a) Deputy Governor; or
  • (b) Attorney General; or
  • (c) Permanent Secretary, Finance, in that order, or by such other person as Her Majesty may designate by instructions given through a Secretary of State.

 

Article 27, section (1) states:

Whenever the Governor--…

  • (c) is suffering from an illness which he or she has reason to believe will be of short duration, the Governor may, by instrument in writing, appoint one of the persons holding one of the offices mentioned in paragraph (a), (b) or (c) of section 26(1), in that order, or if no such person is available, such other person as he or she may designate, during such absence or illness to perform on his or her behalf such of the functions of the office of Governor as may be specified in that instrument.

 

Article 35 states:

(1) If the Premier is unable, due to illness or absence from the Islands, to perform the functions of his or her office, the Governor shall authorise the Deputy Premier to perform those functions; and in the absence or illness of the Deputy Premier, the Governor shall authorize another Minister to perform those functions, acting in accordance with the advice of the Premier or, if in the Governor’s judgement it is impracticable to obtain the Premier’s advice, acting in his or her discretion.

(2) Whenever a Minister other than the Premier is unable, by reason of illness or absence from the Islands or absence from his or her duties on leave, to perform the functions of his or her office, the Governor, acting in accordance with the advice of the Premier, may— (a) appoint a person who is a member of the House of Assembly to be a temporary Minister; or (b) assign responsibility for the performance of the functions of that Minister to another Minister (including the Premier), and may specify the period for which such person shall be a temporary Minister or for which such other Minister shall perform the functions of that Minister…

 

Article 49, section (1) states:

No person shall be qualified to be an elected member of the House of Assembly who, on the date of his or her nomination for election:…

  • (d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Islands…

 

Article 52, section (3) states:

(a) If circumstances…arise because a member of the House of Assembly:…

(b) is adjudged to be of unsound mind…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, but, subject to subsection (5), he or she shall not vacate his or her seat in the House until the expiration of 30 days thereafter.

 

Article 55, section (2) states:

No person shall be qualified to be registered as an elector under this section who on the qualifying date:

  • (a) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Islands…

 

Article 60, section (4) states:

The Chairman or other member of a [Electoral District Boundary] Commission shall vacate his or her office—…if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

 

Article 78 states:

(1) If the office of Chief Justice is vacant, or the holder of that office is for any reason unable to perform the functions of that office, then, until some other person has been appointed to, and has assumed the functions of, that office, or until the holder of that office has resumed those functions, as the case may be, such one of the other judges of the Supreme Court or such other person qualified for appointment as a judge of the Supreme Court as the Governor, acting in accordance with section 87, may appoint for that purpose shall act in that office.

(2) If the office of a judge of the Supreme Court other than the Chief Justice is vacant, or if any such judge is acting as the Chief Justice or is for any reason unable to perform the functions of his or her office, the Governor, acting in accordance with section 87, may appoint a person qualified for appointment as a judge of the Supreme Court to act as such a judge….

 

Article 81 states:

(1) If the office of the President of the Court of Appeal is vacant, or if the holder of that office is for any reason unable to perform the functions of that office, then, until some other person has been appointed to, and has assumed the functions of, that office, or until the holder of that office has resumed those functions, as the case may be, such one of the Justices of Appeal or such other person qualified for appointment as a judge of the Court of Appeal as the Governor, acting in accordance with section 87, may appoint for that purpose shall act in the office of President.

(2) If the office of a Justice of Appeal is vacant, or if any Justice of Appeal is acting as the President or is for any reason unable to perform the functions of his or her office, the Governor, acting in accordance with section 87, may appoint a person possessing such legal qualifications and experience as he or she, after consultation with the President of the Court, may deem appropriate to act as a Justice of Appeal…

 

Article 85 states:

(5) A judge or a magistrate may be removed from office only for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with subsection (6).

(6) A judge or a magistrate shall be removed from office by the Governor by instrument under the public seal if the question of the removal of that judge or magistrate from office has, at the request of the Governor made in pursuance of subsection (7), been referred by Her Majesty to the Judicial Committee of Her Majesty’s Privy Council under section 4 of the Judicial Committee Act 1833(a) or any other enactment enabling Her Majesty in that behalf, and the Judicial Committee has advised Her Majesty that the judge or magistrate ought to be removed from office for inability as aforesaid or for misbehaviour.

(7) If the Governor considers that the question of removing a judge or magistrate from office for inability as aforesaid or for misbehaviour ought to be investigated, then—

  • (a) the Governor shall appoint a tribunal, which shall consist of a Chairman and not less than two other members selected by the Governor from among persons who hold or have held high judicial office;
  • (b) the tribunal shall inquire into the matter and report on the facts thereof to the Governor and advise the Governor whether he or she should request that the question of the removal of that judge or magistrate should be referred by Her Majesty to the Judicial Committee; and
  • (c) if the tribunal so advises, the Governor shall request that the question should be referred accordingly…

(9) If the question of removing a judge or magistrate from office has been referred to a tribunal under subsection (7) the Governor may suspend the judge or magistrate from performing the functions of his or her office, and any such suspension may at any time be revoked by the Governor, and shall in any case cease to have effect—

  • (a) if the tribunal advises the Governor that he or she should not request that the question of the removal of the judge or magistrate from office should be referred by Her Majesty to the Judicial Committee; or
  • (b) if the Judicial Committee advises Her Majesty that the judge or magistrate ought not to be removed from office.

(10) The powers conferred on the Governor by this section shall be exercised by the Governor in his or her discretion.

 

Article 86 states:

(4) The office of a member of the Judicial Service Commission shall become vacant—…

  • (c) if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

(5) If the office of a member of the Judicial Service Commission becomes vacant or if such a member is for any reason unable to perform the functions of that office, the Governor, acting in the manner prescribed by subsection (2) for the appointment of that member, may appoint another suitably qualified person to act as a member of the Commission; and any person so appointed shall, subject to subsection (4), continue so to act until he or she is notified by the Governor, acting in his or her discretion, that the circumstances giving rise to the appointment have ceased to exist…

 

Article 89 states:

(5) The office of a member of the Public Service Commission shall become vacant—…

  • (d) if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

(6) Whenever the office of the Chairman of the Public Service Commission is vacant or the holder of that office is for any reason unable to perform the functions of that office, such one of the other members of the Public Service Commission as the Governor, acting in his or her discretion, may appoint shall act in the office of the Chairman; and any person so appointed shall, subject to subsection (5), continue so to act until he or she is notified by the Governor, acting in his or her discretion, that the circumstances giving rise to the appointment have ceased to exist.

(7) If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder of that office is acting as the Chairman or is for any other reason unable to perform the functions of his or her office, the Governor, acting in the manner prescribed by subsection (2) for the appointment of that member, may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission; and any person so appointed shall, subject to subsection (5), continue so to act until he or she is notified by the Governor, acting in his or her discretion, that the circumstances giving rise to the appointment have ceased to exist…

 

Article 91, section (4) states:

A person holding the office of Attorney General, Auditor General, Director of Public Prosecutions or Supervisor of Elections may be removed from office only for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and with the prior approval of a Secretary of State.

 

Article 99, section (3) states:

The office of Complaints Commissioner shall become vacant—…

  • (d) if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

 

Article 134, section (3) states:

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 of that office 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.

 

Excerpts from the Turks and Caicos Constitution Order (2011)