The Turks and Caicos Islands Constitution Order 2011
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The Turks and Caicos Islands Constitution Order 2011
Statutory Instruments
Caribbean And North Atlantic TerritoriesMade13 th July 2011Laid before Parliament20 th July 2011Coming into force in accordance with section 1(2)At the Court at Buckingham Palace, the 13 th day of July 2011Present,The Queen’s Most Excellent Majesty in CouncilHer Majesty, in exercise of the powers conferred upon Her by sections 5 and 7 of the West Indies Act 1962(1) and of all other powers enabling Her to do so, is pleased, by and with the advice of Her Privy Council, to order, and it is ordered, as follows:Citation and commencement1.—(1) This Order may be cited as the Turks and Caicos Islands Constitution Order 2011.(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.Interpretation2.—(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 2006(2) as amended and supplemented by the Turks and Caicos Islands Constitution (Interim Amendment) Order 2009(3) and the Turks and Caicos Islands (Interim Amendment) (Amendment) Order 2010(4).(2) Section 131 of the Constitution shall apply for the purposes of interpreting sections 1 to 14 of this Order and otherwise in relation to those sections as it applies for the purposes of interpreting and in relation to the Constitution.Revocations3. The instruments specified in Schedule 1 are revoked with effect from the appointed day.Establishment of Constitution4. Schedule 2 shall have effect as the Constitution of the Turks and Caicos Islands from the appointed day; but the Governor, acting in his or her discretion and with the prior approval of a Secretary of State, may by proclamation published in the Gazette provide that any provisions of the Constitution shall not come into force until such later day or days as he or she in like manner may appoint, and in that case such provisions shall come into force on the day or days so appointed.Existing laws5.—(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 officers6.—(1) Any office (except those of member of the Advisory Council and member of the Consultative Forum) 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.Chief Financial Officer7.—(1) Notwithstanding anything in the Constitution or any other law, the office of Chief Financial Officer shall continue on and after the appointed day to have the functions which had earlier been lawfully conferred on that office and which subsist immediately before that day, until such time as the Governor, acting in his or her discretion and with the prior approval of a Secretary of State, determines otherwise by notice published in the Gazette.(2) Nothing in subsection (1) shall prevent additi...See the full content of this document
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