TCI Constitution

Remuneration, allowances, terms and conditions of certain office- holders 12. (1) The remuneration, allowances, and terms and conditions of service payable or applicable immediately before the appointed day to each judge of the Supreme Court, each judge of the Court of Appeal and each magistrate shall, until it is otherwise provided under section 84 of the Constitution, continue to be payable or to apply to that judge or, as the case may be, that magistrate. (2) The remuneration and allowances payable immediately before the appointed day to any person holding office as, or as a member of, any of the institutions protecting good governance shall, until it is otherwise provided under section 97 of the Constitution, continue to be payable to that person. (3) The remuneration and allowances payable, immediately before the House of Assembly established by the existing Constitution was last dissolved before the appointed day, to the Speaker and the other members of that House of Assembly shall, until it is otherwise provided under section 124 of the Constitution, be payable to the Speaker and the other members of the House of Assembly established by the Constitution. (4) The remuneration and allowances payable immediately before the appointed day to any person holding any office to which section 125 of the Constitution applies shall, until it is otherwise provided under that section, continue to be payable to that person. Functions of Governor 13. Where, prior to the general election referred to in section 8(1), the Governor is required by the Constitution to exercise a function after consultation with, or in accordance with the advice of, a body which does not exist or the holder of an office which is vacant, the Governor may exercise that function in his or her discretion if in the judgement of the Governor it is necessary or expedient to exercise that function before that body exists or that office is filled. Power reserved to Her Majesty 14. 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. __________ © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & CAICOS ISLANDS Constitution CAP. 1.01 7 Revision Date: 31 Dec 2014 SCHEDULE 1 REVOCATIONS The Turks and Caicos Islands Constitution Order 2006 (S.I. 2006/1913) The Turks and Caicos Islands Constitution (Interim Amendment) Order 2009 (S.I. 2009/701) The Turks and Caicos Islands Constitution (Interim Amendment) (Amendment) Order 2010 (S.I. 2010/2966) The Instructions issued under the Royal Sign Manual and Signet to the Governor of the Turks and Caicos Islands dated 26th February 1988 ______________ © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & 8 CAP. 1.01 Constitution CAICOS ISLANDS Consolidation Date: 31 Dec 2014 SCHEDULE 2 THE CONSTITUTION OF THE TURKS AND CAICOS ISLANDS CONTENTS PART I FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL 1. Fundamental rights and freedoms of the individual 2. Protection of right to life 3. Protection from inhuman treatment 4. Protection from slavery and forced labour 5. Protection from arbitrary arrest or detention 6. Provisions to secure protection of law 7. Equality before the law 8. Protection of right of prisoners to humane treatment 9. Protection for private and family life and for privacy of home and other property 10. Protection of right to marry and found a family 11. Protection of freedom of conscience 12. Protection of right to education 13. Protection of freedom of expression 14. Protection of freedom of assembly and association 15. Protection of freedom of movement 16. Protection from discrimination 17. Peaceful enjoyment of property and protection from deprivation of property 18. Protection of the environment 19. Lawful administrative action 20. Provisions for periods of public emergency 21. Enforcement of fundamental rights 22. Interpretation of Part I PART II THE GOVERNOR 23. The Governor 24. Emoluments of Governor 25. Deputy Governor 26. Acting Governor 27. Temporary exercise of certain functions of Governor 28. Statement of Governance Principles 29. Exercise of Governor’s functions © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & CAICOS ISLANDS Constitution CAP. 1.01 9 Revision Date: 31 Dec 2014 PART III THE EXECUTIVE 30. Executive authority 31. The Cabinet 32. Oaths 33. Tenure of office by Premier 34. Tenure of office by Ministers 35. Performance of functions of Ministers in certain events 36. Assignment of responsibilities to members of Cabinet 37. Governor’s special responsibilities 38. Summoning of Cabinet 39. Proceedings and quorum of Cabinet 40. Attendance of other persons at Cabinet meetings 41. Attorney General PART IV THE LEGISLATURE Composition 42. Constitution of Legislature 43. The House of Assembly 44. The Speaker and Deputy Speaker 45. Elected members 46. Qualifications for elected membership 47. Appointed members 48. Qualifications for appointed membership 49. Disqualifications for elected or appointed membership 50. Declaration by candidates for election to House of Assembly 51. Tenure of seats of members of House of Assembly 52. Delay in vacation of seat to allow for an appeal 53. Determination of questions as to membership of House of Assembly 54. Penalty for unauthorised person sitting or voting 55. Qualifications of electors and entitlement to vote 56. Leader of the Opposition Prorogation, dissolution and elections 57. Prorogation and dissolution 58. Recalling dissolved House of Assembly in case of emergency 59. General elections and filling vacant seats 60. Electoral District Boundary Commission 61. Review and alteration of electoral district boundaries © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & 10 CAP. 1.01 Constitution CAICOS ISLANDS Consolidation Date: 31 Dec 2014 Powers and procedure 62. Power to make laws 63. Standing Orders of House of Assembly 64. Standing Committees 65. Oaths by members of House of Assembly 66. Sessions of House of Assembly 67. Presiding in House of Assembly 68. Voting 69. Validity of proceedings 70. Quorum 71. Introduction of bills, etc 72. Governor’s reserved power 73. Assent to bills 74. Return of bills by Governor 75. Disallowance of laws 76. Privileges, immunities and powers of House of Assembly PART V THE JUDICATURE The Supreme Court 77. Constitution of Supreme Court 78. Acting judges of Supreme Court 79. Oaths to be taken by judges of Supreme Court The Court of Appeal 80. Constitution of Court of Appeal 81. Acting judges of Court of Appeal 82. Oaths to be taken by judges of Court of Appeal Judicial Independence 83. Independence of the judiciary 84. Remuneration, terms and conditions of judges and magistrates 85. Tenure of office of judges and magistrates Judicial Service Commission 86. Judicial Service Commission 87. Functions of Judicial Service Commission PART VI THE PUBLIC SERVICE 88. Overriding duty of public officers 89. Public Service Commission © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & CAICOS ISLANDS Constitution CAP. 1.01 11 Revision Date: 31 Dec 2014 90. Appointment, discipline and removal of public officers 91. Particular offices 92. Functions of Public Service Commission 93. Regulations regarding Public Service Commission 94. Applicability of pensions law 95. Pensions, etc, charged on Consolidated Fund 96. Grant and withholding of pensions, etc PART VII INSTITUTIONS PROTECTING GOOD GOVERNANCE 97. Establishment of institutions protecting good governance 98. Auditor General and National Audit Office 99. Complaints Commissioner 100. Director of Public Prosecutions 101. Human Rights Commission 102. Integrity Commission 103. Registration of interests 104. Supervisor of elections 105. Funding of institutions protecting good governance PART VIII CROWN LAND 106. Definition of Crown land 107. Crown land principles 108. Grants and dispositions of Crown land PART IX PUBLIC FINANCIAL MANAGEMENT 109. General principles 110. Taxation 111. Contingent liabilities 112. Consolidated Fund 113. Withdrawal from Consolidated Fund or other public funds 114. Appropriations Committee 115. Financial year estimates 116. Appropriation Bill 117. Excess expenditure 118. Contingencies 119. Power of Government to borrow or lend 120. Public Debt 121. Financial control and accounts 122. Public Accounts Committee © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & 12 CAP. 1.01 Constitution CAICOS ISLANDS Consolidation Date: 31 Dec 2014 123. Accounting officers 124. Remuneration of Speaker and other members of House of Assembly 125. Remuneration of certain officers 126. Audit PART X MISCELLANEOUS 127. Powers of pardon, etc 128. Constitution of offices 129. Freedom of information 130. Local government 131. Interpretation 132. Turks and Caicos Islander 133. References to public office 134. Appointments 135. Re-election or reappointment 136. Removal from office 137. Resignations 138. Oaths and affirmations 139. Power to amend or revoke instruments SCHEDULE TO THE CONSTITUTION: Forms of Oaths and Affirmations © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & CAICOS ISLANDS Constitution CAP. 1.01 13 Revision Date: 31 Dec 2014 CHAPTER 1.01 THE CONSTITUTION OF THE TURKS AND CAICOS ISLANDS The people of the Turks and Caicos Islands as a God-fearing people with convictions based on sound Christian culture, values and principles, tolerant of other religions; Affirm their intention to: — maintain the highest standards of integrity in their daily living; — commit to the democratic values of a just and humane society pursuing dignity, prosperity, equality, love, justice, peace and freedom for all; — ensure a vibrant diversified economy, work to provide full employment opportunities, and protect their posterity. Now, therefore, the following provisions shall have effect as the Constitution of the Turks and Caicos Islands. PART I FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL Fundamental rights and freedoms of the individual 1. Whereas every person in the Islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, without distinction of any kind, such as race, national or social origin, political or other opinion, colour, religion, language, creed, association with a national minority, property, sex, sexual orientation, birth or other status, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely— (a) life, liberty, security of the person and the protection of the law; (b) freedom of conscience, of expression and of assembly and association; and (c) protection for his or her private and family life, the privacy of his or her home and other property and from deprivation of property save in the public interest and on payment of fair compensation, the subsequent provisions of this Part shall have effect for the purpose of affording protection to the aforesaid rights and freedoms, and related rights and freedoms, subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said protected rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & 14 CAP. 1.01 Constitution CAICOS ISLANDS Consolidation Date: 31 Dec 2014