The Turks and Caicos Islands Constitution Order 2011

Interpretation

131.—(1) In this Constitution, unless the context otherwise requires—

“Appropriations Committee” means the Committee established by section 114;

“Code of Conduct for Persons in Public Life” means a Code adopted and published by the Integrity Commission under section 102(3)(b);

“Court of Appeal” means the Court of Appeal constituted by section 80;

“Deputy Speaker” means the member of the House of Assembly elected by the House as Deputy Speaker under section 44;

“financial year” means the period of twelve months beginning on the first day of April in any year or such other day as the Legislature may prescribe by law;

“functions” includes powers and duties;

“Gazette” means the official Gazette of the Turks and Caicos Islands;

“Government” means the Government of the Turks and Caicos Islands;

“Governor” means the person for the time being appointed as Governor of the Islands, and includes any person performing the functions of the Governor in pursuance of section 26 and, to the extent to which a person appointed under section 27 is authorised to act, that person;

“high judicial office” means the office of judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or Ireland or a court having jurisdiction in appeals from such a court;

“institution protecting good governance” means an institution established by section 97(1);

“the Islands” means the Turks and Caicos Islands;

“law” includes any subsidiary instrument;

“Leader of the Opposition” means the person appointed as such under section 56;

“Legislature” means, subject to section 72, the Legislature established by section 42;

“meeting” in relation to the House of Assembly means any sitting or sittings of the House commencing when the House first meets after being summoned at any time and terminating when the House is adjourned sine die or at the conclusion of a session;

“Minister” means a person appointed as Premier or other Minister under section 31;

“Minister of Finance” means the Minister for the time being responsible for finance;

“Ordinance” means a law enacted by the Legislature or in pursuance of section 72;

“political party” means a political party formed in accordance with the Ordinance regulating political parties for the time being in force in the Islands;

“Premier” means the person appointed as such under section 31(2);

“Public Accounts Committee” means the Committee established by section 122;

“public office” means, subject to section 133, an office of emolument in the public service;

“public officer” means the holder of any public office, and includes a person appointed to act in any public office;

“public service” means the service of the Crown in a civil capacity in respect of the government of the Islands;

“session” in relation to the House of Assembly means the sittings of the House commencing when the House first meets after its prorogation or dissolution at any time, and terminating when the House is next prorogued or dissolved without having been prorogued;

“sitting” in relation to the House of Assembly means a period during which the House is sitting continuously without adjournment, and includes any period during which the House is in committee;

“Speaker” means the person elected by the House of Assembly as Speaker under section 44;

“Standing Orders” means the Standing Orders of the House of Assembly made under section 63;

“Statement of Governance Principles” means a Statement issued under section 28;

“subsidiary instrument” means any proclamation, regulation, order, rule or other like instrument having the force of law;

“Supreme Court” means the Supreme Court constituted by section 77;

“Turks and Caicos Islander” has the meaning prescribed in section 132(1).

(2) Unless it is otherwise provided or the context otherwise requires, a reference in this Constitution to the holder of an office by the term designating his or her office shall be construed as a reference to any person for the time being lawfully performing the functions of that office.

(3) For the purposes of this Constitution, a person shall not be regarded as absent from the Islands or as unable to perform the functions of his or her office by reason only that he or she is in passage from one part of the Islands to another.