The Turks and Caicos Islands Constitution Order 1988

Governor’s reserved power.

44.—(1) If the Governor considers that it is expedient—

(a) in the interests of public order, public faith or good government (which expressions shall, without prejudice to their generality, include the responsibility of the Islands as a territory within the Commonwealth and all matters pertaining to the creation or abolition of any public office or to the salary or other conditions of service of any public officer);

(b) in the interests of any matter mentioned in section 13(1) of this Constitution; or

(c) in order to secure detailed control of the finances of the Islands during such time as the Islands are receiving financial assistance from Her Majesty’s Exchequer in the United Kingdom, for the purpose of balancing the annual budget or otherwise, upon condition that such control should be exercisable by Her Majesty’s Government in the United Kingdom,

that any bill introduced, or any motion to which this section applies proposed, in the Legislative Council should have effect, then, if the Council fails to pass the bill or carry the motion within such time and in such form as the Governor thinks fit, and notwithstanding any provisions of this Constitution or any other law or any Standing Orders, the Governor may declare that such bill or motion shall have effect as if it had been passed or carried by the Council, either in the form in which it was introduced or proposed or with such amendments as the Governor thinks fit which have been moved or proposed in the Council or any committee thereof; and such bill or motion shall be deemed thereupon to have been so passed or carried, and the provisions of this Constitution and, in particular, the provisions relating to assent to bills and disallowance of laws, shall have effect accordingly.

(2) The Governor shall not make any declaration under this section except in accordance with the following conditions—

(a) the question whether the declaration should be made shall first be submitted in writing by the Governor to the Executive Council and if, upon the question being so submitted to it, the Executive Council advises him that the declaration should be made, the Governor may make the declaration;

(b) if, when the question whether the declaration should be made is submitted to it as aforesaid, the Executive Council does not, within such time as the Governor thinks reasonable and expedient, advise him that the declaration should be made, then—

(i) the Governor may submit the said question to a Secretary of State and may make the declaration if, upon the question being so submitted to him, a Secretary of State authorises the Governor to make the declaration; or

(ii) the Governor may make the declaration without submitting the said question to a Secretary of State if, in the Governor’s judgment, urgent necessity requires that the declaration be made without obtaining the authority of a Secretary of State; in which case he shall, at the time of making the declaration, certify in writing that urgent necessity requires that the declaration be made without obtaining such authority.

(3) (a) Whenever the Governor, in accordance with subsection (2)(b) of this section, submits to a Secretary of State the question whether a declaration should be made, or makes a declaration without submitting the said question to a Secretary of State, he shall inform the Executive Council in writing of his reasons for so doing.

(b) Whenever the Governor makes a declaration under this section, other than a declaration made with the authority of a Secretary of State, he shall forthwith report to a Secretary of State the making of, and the reasons for, the declaration and, in the case of a declaration made in accordance with subsection (2)(b)(ii) of this section, the grounds of urgency.

(4) If any member of the Executive Council so desires, he may, within thirty days of the date of the making of a declaration under this section, submit to the Governor a statement in writing of his comments on the making of such declaration, and the Governor shall forward such statement, or a copy thereof, as soon as practicable to a Secretary of State.

(5) Any declaration made under this section that relates to a motion may be revoked by a Secretary of State, and the Governor shall cause notice of such revocation to be published in theGazette; and from the date of such publication any motion which has effect by virtue of the declaration shall cease to have effect, and section 16(1) of the Interpretation Act 1978(1) shall apply to the revocation as it applies to the repeal of an Act of Parliament.

(6) This section applies to any motion—

(a) relating to or for the purposes of a bill;

(b) proposing or amending a resolution which, if passed by the Legislative Council, would have the force of law; or

(c) proposing or amending a resolution upon which the coming into force or continuance in force of any subsidiary instrument depends.

(7) The powers conferred upon the Governor by subsections (1) and (2) of this section shall be exercised by him in his discretion.

(1)

1978 c. 30.