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

Functions of Advisory Council

This section has no associated Explanatory Memorandum

3.—(1) Subject to subparagraph (2), the Governor, acting in his or her discretion, may consult the Advisory Council on the formulation of policy and in the exercise of any function conferred upon him or her by the Constitution or any other law.

(2) The Governor shall not consult the Advisory Council—

(a)when acting under instructions given to him or her by Her Majesty through a Secretary of State; or

(b)when exercising any function conferred upon the Governor by this Constitution or any other law which is expressed to be exercisable by the Governor in accordance with the recommendation or advice of, or after consultation with, any person or authority other than the Advisory Council.

(3) The Governor shall not be obliged to act in accordance with any advice given to him or her by the Advisory Council.

(4) The question whether or not the Governor has exercised any function after consultation with, or in accordance with the advice of, the Advisory Council shall not be inquired into by any court.