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38.—(1) There shall be an Advisory National Security Council (in this section referred to as “the Council”) for the Turks and Caicos Islands which shall consist of—
(a)the Governor, as Chairman;
(c)the Attorney General;
(d)the Minister of Finance;
(e)one other Minister appointed in writing by the Governor, acting in accordance with the advice of the Premier.
(2) A Minister appointed under subsection (1)(e) shall vacate his or her seat on the Council if—
(a)his or her office becomes vacant under section 30; or
(b)the Governor so directs in writing, acting in accordance with the advice of the Premier.
(3) The purpose of the Council is to make recommendations to the Governor on—
(a)the matters mentioned in section 33(1)(a), (b), (c) and (d); and
(b)the exercise of the Governor’s functions during a period of public emergency as defined in section 19(1);
but the Governor shall not be obliged to act in accordance with the recommendations of the Council.
(4) In the absence of the Governor the Deputy Governor shall preside at any meeting of the Council.
(5) The Governor, acting in his or her discretion, may summon a meeting of the Council whenever he or she considers it desirable to do so, and shall summon such a meeting whenever the Premier or the Cabinet so requests.
(6) Subject to this section, the Council may regulate its own procedure.
(7) The Cabinet Secretary shall be the Secretary to the Council.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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