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TCI Constitution

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Category: Constitutional Law | Jurisdiction: Turks and Caicos Islands | Chapter: 1.01 | Status: ACTIVE

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Section 49

Disqualifications for elected or appointed membership

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Disqualifications for elected or appointed membership 49. (1) No person shall be qualified to be an elected member of the House of Assembly who, on the date of his or her nomination for election— (a) is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to any foreign power or state; (b) holds or is acting in any public office or in the office of judge of the Supreme Court or the Court of Appeal or magistrate; (c) has been adjudged or otherwise declared bankrupt under any law in force in any country and has not been discharged; (d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Islands; (e) is serving or has at any time within the period of fifteen years immediately preceding that date been serving any part of a sentence of imprisonment (by whatever name called) of at least twelve months imposed on him or her by a court in any country or substituted by competent authority for some other sentence imposed on him or her by such a court; or is under such a sentence of imprisonment the execution of which has been suspended; (f) is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with the Government and has not, by that date, disclosed in a notice to the Integrity Commission the nature of such contract and his or her interest, or the interest of such firm or company, in it; (g) has been convicted of an offence of corruption or an offence relating to political party regulation or the misuse of public money under any law in force in the Islands; (h) is disqualified for membership of the House of Assembly by any law relating to offences connected with elections; (i) has not made a declaration as required by section 50; or (j) is disqualified for election by any law by reason of his or her holding or acting in any office the functions of which involve— (i) any responsibility for, or in connection with, the conduct of any election; or (ii) any responsibility for the compilation or revision of any register of electors. (2) For the purposes of subsection (1)(e)— (a) where a person is serving two or more sentences of imprisonment that are required to be served consecutively he or she shall, throughout the whole time during which he or she so serves, be regarded as serving a sentence exceeding twelve © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai LAWS OF TURKS & 46 CAP. 1.01 Constitution CAICOS ISLANDS Consolidation Date: 31 Dec 2014 months if (but not unless) any one of those sentences exceeds that term; (b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. (3) At the close of nominations of candidates for election to the House of Assembly the Integrity Commission shall publish any notice delivered to it under subsection (1)(f) in such manner as it considers effective for the purpose of informing the electorate before the date of election. (4) No person shall be qualified to be an appointed member of the House of Assembly who, on the date of his or her proposed appointment, falls within any of paragraphs (a) to (h) of subsection (1).

Source

TCI Constitution, Chapter 1.01, Section 49

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