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The Turks and Caicos Islands Constitution (Interim Amendment) Order 2009

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Advisory Council

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1.—(1) There shall be an Advisory Council for the Turks and Caicos Islands, which shall consist of—

(a)the Governor;

(b)the Deputy Governor, the Chief Executive, the Attorney General and the Permanent Secretary, Finance;

(c)up to seven other persons, who shall be known as “the nominated members”, appointed by the Governor, of whom at least five shall be Belongers.

(2) No person shall be appointed as a nominated member who—

(a)has been adjudged or otherwise declared bankrupt under any law in force in the Commonwealth and has not been discharged;

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

(c)is under sentence of death imposed on him or her by a court of law in any country, or is serving or has at any time within the preceding five years been serving any part of a sentence of imprisonment (by whatever name called) of at least twelve months imposed on him or her by such a court or substituted by competent authority for some other sentence imposed on him or her by such a court; or is under such a sentence of imprisonment the execution of which has been suspended; or

(d)is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government and has not disclosed to the Governor in writing the nature of such contract and his or her interest, or the interest of such firm or company, in it.

(3) Each member of the Advisory Council (other than the Governor) shall, before entering upon the functions of his or her office as such member, make before the Governor an oath of allegiance and an oath for the due execution of his or her office in the forms set out in the Schedule to the Constitution.

(4) The Governor may terminate the appointment of any nominated member at any time.

(5) Any appointment and any termination of appointment under this paragraph shall be made by the Governor, acting in his or her discretion, by instrument under the public seal.

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