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The Turks and Caicos Islands Constitution Order 2011

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  1. Introductory Text

  2. 1.Citation and commencement

  3. 2.Interpretation

  4. 3.Revocations

  5. 4.Establishment of Constitution

  6. 5.Existing laws

  7. 6.Existing offices and officers

  8. 7.Chief Financial Officer

  9. 8.General election

  10. 9.Standing Orders

  11. 10.Director of Public Prosecutions

  12. 11.Pending legal proceedings

  13. 12.Remuneration, allowances, terms and conditions of certain office-holders

  14. 13.Functions of Governor

  15. 14.Power reserved to Her Majesty

  16. Signature

    1. SCHEDULE 1

      Revocations

      1. The Turks and Caicos Islands Constitution Order 2006 (S.I. 2006/1913)...

    2. SCHEDULE 2

      The Constitution of the Turks and Caicos Islands

      1. THE CONSTITUTION OF THE TURKS AND CAICOS ISLANDS

        1. The people of the Turks and Caicos Islands as a...

        2. Affirm their intention to: maintain the highest standards of integrity...

        3. Now, therefore, the following provisions shall have effect as the...

      2. PART I

        1. 1.Fundamental rights and freedoms of the individual

        2. 2.Protection of right to life

        3. 3.Protection from inhuman treatment

        4. 4.Protection from slavery and forced labour

        5. 5.Protection from arbitrary arrest or detention

        6. 6.Provisions to secure protection of law

        7. 7.Equality before the law

        8. 8.Protection of right of prisoners to humane treatment

        9. 9.Protection for private and family life and for privacy of home and other property

        10. 10.Protection of right to marry and found a family

        11. 11.Protection of freedom of conscience

        12. 12.Protection of right to education

        13. 13.Protection of freedom of expression

        14. 14.Protection of freedom of assembly and association

        15. 15.Protection of freedom of movement

        16. 16.Protection from discrimination

        17. 17.Peaceful enjoyment of property and protection from deprivation of property

        18. 18.Protection of the environment

        19. 19.Lawful administrative action

        20. 20.Provisions for periods of public emergency

        21. 21.Enforcement of fundamental rights

        22. 22.Interpretation of Part I

      3. PART II

        1. 23.The Governor

        2. 24.Emoluments of Governor

        3. 25.Deputy Governor

        4. 26.Acting Governor

        5. 27.Temporary exercise of certain functions of Governor

        6. 28.Statement of Governance Principles

        7. 29.Exercise of Governor’s functions

      4. PART III

        1. 30.Executive authority

        2. 31.The Cabinet

        3. 32.Oaths

        4. 33.Tenure of office by Premier

        5. 34.Tenure of office by Ministers

        6. 35.Performance of functions of Ministers in certain events

        7. 36.Assignment of responsibilities to members of Cabinet

        8. 37.Governor’s special responsibilities

        9. 38.Summoning of CabinetNext Match

        10. 39.Proceedings and quorum of Cabinet

        11. 40.Attendance of other persons at Cabinet meetings

        12. 41.Attorney General

      5. PART IV

        1. Composition

          1. 42.Constitution of Legislature

          2. 43.The House of Assembly

          3. 44.The Speaker and Deputy Speaker

          4. 45.Elected members

          5. 46.Qualifications for elected membership

          6. 47.Appointed members

          7. 48.Qualifications for appointed membership

          8. 49.Disqualifications for elected or appointed membership

          9. 50.Declaration by candidates for election to House of Assembly

          10. 51.Tenure of seats of members of House of Assembly

          11. 52.Delay in vacation of seat to allow for an appeal

          12. 53.Determination of questions as to membership of House of Assembly

          13. 54.Penalty for unauthorised person sitting or voting

          14. 55.Qualifications of electors and entitlement to vote

          15. 56.Leader of the Opposition

        2. Prorogation, dissolution and elections

          1. 57.Prorogation and dissolution

          2. 58.Recalling dissolved House of Assembly in case of emergency

          3. 59.General elections and filling vacant seats

          4. 60.Electoral District Boundary Commission

          5. 61.Review and alteration of electoral district boundaries

        3. Powers and procedure

          1. 62.Power to make laws

          2. 63.Standing Orders of House of Assembly

          3. 64.Standing Committees

          4. 65.Oaths by members of House of Assembly

          5. 66.Sessions of House of Assembly

          6. 67.Presiding in House of Assembly

          7. 68.Voting

          8. 69.Validity of proceedings

          9. 70.Quorum

          10. 71.Introduction of bills, etc

          11. 72.Governor’s reserved power

          12. 73.Assent to bills

          13. 74.Return of bills by Governor

          14. 75.Disallowance of laws

          15. 76.Privileges, immunities and powers of House of Assembly

      6. PART V

        1. The Supreme Court

          1. 77.Constitution of Supreme Court

          2. 78.Acting judges of Supreme Court

          3. 79.Oaths to be taken by judges of Supreme Court

        2. The Court of Appeal

          1. 80.Constitution of Court of Appeal

          2. 81.Acting judges of Court of Appeal

          3. 82.Oaths to be taken by judges of Court of Appeal

        3. Judicial independence

          1. 83.Independence of the judiciary

          2. 84.Remuneration, terms and conditions of judges and magistrates

          3. 85.Tenure of office of judges and magistrates

        4. Judicial Service Commission

          1. 86.Judicial Service Commission

          2. 87.Functions of Judicial Service Commission

      7. PART VI

        1. 88.Overriding duty of public officers

        2. 89.Public Service Commission

        3. 90.Appointment, discipline and removal of public officers

        4. 91.Particular offices

        5. 92.Functions of Public Service Commission

        6. 93.Regulations regarding Public Service Commission

        7. 94.Applicability of pensions law

        8. 95.Pensions, etc, charged on Consolidated Fund

        9. 96.Grant and withholding of pensions, etc

      8. PART VII

        1. 97.Establishment of institutions protecting good governance

        2. 98.Auditor General and National Audit Office

        3. 99.Complaints Commissioner

        4. 100.Director of Public Prosecutions

        5. 101.Human Rights Commission

        6. 102.Integrity Commission

        7. 103.Registration of interests

        8. 104.Supervisor of elections

        9. 105.Funding of institutions protecting good governance

      9. PART VIII

        1. 106.Definition of Crown land

        2. 107.Crown land principles

        3. 108.Grants and dispositions of Crown land

      10. PART IX

        1. 109.General principles

        2. 110.Taxation

        3. 111.Contingent liabilities

        4. 112.Consolidated Fund

        5. 113.Withdrawal from Consolidated Fund or other public funds

        6. 114.Appropriations Committee

        7. 115.Financial year estimates

        8. 116.Appropriation Bill

        9. 117.Excess expenditure

        10. 118.Contingencies

        11. 119.Power of Government to borrow or lend

        12. 120.Public Debt

        13. 121.Financial control and accounts

        14. 122.Public Accounts Committee

        15. 123.Accounting officers

        16. 124.Remuneration of Speaker and other members of House of Assembly

        17. 125.Remuneration of certain officers

        18. 126.Audit

      11. PART X

        1. 127.Powers of pardon, etc

        2. 128.Constitution of offices

        3. 129.Freedom of information

        4. 130.Local government

        5. 131.Interpretation

        6. 132.Turks and Caicos Islander

        7. 133.References to public office

        8. 134.Appointments

        9. 135.Re-election or reappointment

        10. 136.Removal from office

        11. 137.Resignations

        12. 138.Oaths and affirmations

        13. 139.Power to amend or revoke instruments

      12. SCHEDULE TO THE CONSTITUTION

        1. 1.Oath of Allegiance I.......................do swear that I will be faithful...

        2. 2.Oath for the due execution of the office of Governor...

        3. 3.Oath for the due execution of office of a member...

        4. 4.Judicial Oath I………………..do swear that I will well and truly...

        5. 5.Affirmations In the forms respectively set forth, for the word...

  18. Explanatory Note

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