The Turks and Caicos Islands Constitution Order 2006

Citation and commencement

1.—(1) This Order may be cited as the Turks and Caicos Islands Constitution Order 2006.

(2) This Order shall come into force on such day as the Governor, acting in his or her discretion, may appoint by proclamation published in the Gazette.

Interpretation

2.—(1) In this Order—

“the appointed day” means the day appointed by the Governor under section 1(2);

“the Constitution” means the Constitution set out in Schedule 2;

“the existing Constitution” means the Constitution set out in Schedule 2 to the Turks and Caicos Islands Constitution Order 1988(1);

“House of Assembly” means the House of Assembly established by the Constitution.

(2) Section 99 of the Constitution shall apply for the purposes of interpreting sections 1 to 10 of this Order and otherwise in relation to those sections as it applies for the purposes of interpreting and in relation to the Constitution.

Revocations

3.  The instruments specified in Schedule 1 are revoked with effect from the appointed day.

Establishment of Constitution

4.  Schedule 2 shall have effect as the Constitution of the Turks and Caicos Islands on the appointed day; but until the House of Assembly is next dissolved after the appointed day—

(a) section 27(1) of the Constitution shall have effect as if the reference in paragraph (c) to “six other Ministers” were a reference to “five other Ministers”;

(b) section 27(6) of the Constitution shall have no effect;

(c) section 41(1) of the Constitution shall have effect as if the reference in paragraph (b) to “fifteen elected members” were a reference to “thirteen elected members”, and as if the reference in paragraph (c) to “four appointed members” were a reference to “three appointed members”;

(d) section 41(2) of the Constitution shall have no effect;

(e) section 43(2) of the Constitution shall have effect as if the words “Subject to section 41(2)” were omitted and as if the reference to “fifteen electoral districts” were a reference to “thirteen electoral districts”;

(f) section 45(1) of the Constitution shall have effect as if the reference in paragraph (b) to “two” were a reference to “one”.

Existing laws

5.—(1) Subject to this section, the existing laws shall have effect on and after the appointed day as if they had been made in pursuance of the Constitution and shall be read and construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.

(2) The Governor may, by regulations published in the Gazette, at any time within twelve months of the appointed day make such modifications or adaptations to any existing law as appear to the Governor to be necessary or expedient for bringing that law into conformity with the Constitution or otherwise for giving effect or enabling effect to be given to the Constitution; and any existing law shall have effect accordingly from such day (not being earlier than the appointed day) as may be specified in such regulations.

(3) Regulations made under this section may be amended or revoked in relation to any existing law affected by them by any authority competent to amend or revoke that law.

(4) In this section “existing laws” means laws and instruments (other than Acts of the Parliament of the United Kingdom and instruments made under them) having effect as part of the law of the Turks and Caicos Islands immediately before the appointed day.

Existing offices and officers

6.—(1) Any office (except that of Chief Secretary) established by or under the existing Constitution and existing immediately before the appointed day shall on and after that day, so far as consistent with the Constitution, continue as if it had been established by or under the Constitution.

(2) Any person who immediately before the appointed day holds or is acting in any office continued by virtue of subsection (1) shall, on and after that day, continue to hold or act in that office as if he or she had been appointed to hold or act in it in accordance with or under the Constitution.

(3) Any person to whom subsection (2) applies who, before the appointed day, has made any oath or affirmation required to be made before assuming the functions of his or her office shall be deemed to have made any like oath or affirmation so required by the Constitution or any other law.

(4) Subsection (1) applies to any person who immediately before the appointed day holds office as a member of the Public Service Commission, and the Governor shall appoint two further members of the Public Service Commission established by the Constitution in accordance with section 83(2)(b) and (d) of the Constitution.

(5) The person who, immediately before the appointed day, holds the office of Chief Minister shall, on and after that day, hold the office of Premier in accordance with the Constitution.

House of Assembly

7.—(1) Any person (except the Chief Secretary) who immediately before the appointed day is a member of the Legislative Council shall on that day become a member of the House of Assembly and shall be deemed to have complied with section 62 of the Constitution and shall hold his or her seat in accordance with the Constitution.

(2) The Standing Orders of the Legislative Council as in force immediately before the appointed day shall, except as may be otherwise provided under section 60 of the Constitution, have effect on and after that day as if they had been made under that section as Standing Orders of the House of Assembly but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.

(3) The Governor shall dissolve the House of Assembly not later than the expiration of four years from the date when the Legislative Council first met after the last general election before the appointed day.

(4) In this section “Legislative Council” means the Legislative Council established by the existing Constitution.

Electoral districts

8.—(1) As soon as practicable after the appointed day, and before the House of Assembly is dissolved in accordance with section 7(3), the Governor shall appoint an Electoral District Boundary Commission in accordance with section 57 of the Constitution.

(2) The Commission so appointed shall, as soon as practicable and in accordance with section 58 of the Constitution, review the electoral district boundaries and submit a report to the Governor and the House of Assembly containing its recommendations for changes in the boundaries of electoral districts with a view to establishing fifteen electoral districts in the Islands.

Pending legal proceedings

9.—(1) Any cause, matter or appeal pending before the Supreme Court or any appeal or application pending before the Court of Appeal immediately before the appointed day may, on or after that day, be continued, determined or appealed against as if such cause, matter or appeal had been instituted or was pending before the Supreme Court, or such appeal or application made to the Court of Appeal, as the case may be, as those courts are respectively constituted by the Constitution.

(2) Any decree or order of the Supreme Court or the Court of Appeal given or made before the appointed day, in so far as it has not been fully executed or enforced, may be executed or enforced on or after that day as if it were a decree or order of the Supreme Court or the Court of Appeal, as the case may be, as those courts are respectively constituted by the Constitution.

Power reserved to Her Majesty

10.  Her Majesty reserves to Herself power, with the advice and consent of Her Privy Council, to make laws for the peace, order and good government of the Turks and Caicos Islands.

A.K.Galloway

Clerk of the Privy Council