The Turks and Caicos Islands Constitution Order 1988

PART I THE GOVERNOR

The Governor.

1.—(1) 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.

(2) 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.

(3) 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.

Emoluments of Governor.

2.  The holder of the office of Governor shall receive such emoluments as may for the time being be fixed by a Secretary of State by directions in writing, and those emoluments are hereby charged on and shall be paid out of the revenues of the Islands.

Acting Governor.

3.—(1) 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 his office, those functions shall, during Her Majesty’s pleasure, be assumed and performed by the person holding the office of—

(a) Chief Secretary; or

(b) Attorney General; or

(c) Financial Secretary,

in that order, or by such other person as Her Majesty may designate in that behalf by instructions given through a Secretary of State.

(2) 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.

(3) 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.

(4) 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.

Governor’s deputy.

4.—(1) Whenever the Governor—

(a) has occasion to be absent from the seat of government but not from the Islands; or

(b) has occasion to be absent from the Islands for a period which he has reason to believe will be of short duration; or

(c) is suffering from an illness which he has reason to believe will be of short duration,

he may, by instrument in writing, appoint one of the persons holding one of the offices mentioned in paragraph (a), (b) or (c) of section 3(1) of this Constitution, in that order, or if no such person is available, such other person as he may designate, to be his deputy during such absence or illness and in that capacity to perform on his behalf such of the functions of the office of Governor as may be specified in that instrument.

(2) 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.

(3) 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.

(4) 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.

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

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

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.