The Turks and Caicos Islands Constitution Order 2006

Governor’s deputy

This section has no associated Explanatory Memorandum

24.—(1) Whenever the Governor—

(a)has occasion to be absent from the seat of government but not from the Islands; or

(b)has occasion to be absent from the Islands for a period which he or she has reason to believe will be of short duration; or

(c)is suffering from an illness which he or she has reason to believe will be of short duration,

he or she may, by instrument in writing, appoint one of the persons holding one of the offices mentioned in paragraph (a), (b) or (c) of section 23(1), in that order, or if no such person is available, such other person as he or she may designate, to be his or her deputy during such absence or illness and in that capacity to perform on his or her behalf such of the functions of the office of Governor as may be specified in that instrument.

(2) The power and authority of the Governor shall not be abridged, altered or in any way affected by the appointment of a deputy under this section and, subject to this Constitution and any other law by or under which any function which a deputy is authorised to perform is conferred, the deputy shall comply with all instructions that may from time to time be given to him or her by Her Majesty through a Secretary of State or by the Governor; but the question whether or not the deputy has in any matter complied with any such instructions shall not be inquired into by any court.

(3) A person appointed as a deputy under this section shall not continue to perform his or her functions as such after the Governor, or some other person with a prior right of appointment as deputy, has notified him or her that he or she is about to assume or resume those functions.

(4) Subject to subsection (3), a person appointed as deputy under this section shall hold that office for such period as may be specified in the instrument by which he or she is appointed, but his or her appointment may be revoked at any time by Her Majesty through a Secretary of State or by the Governor.

(5) In this section “the Governor” does not include a deputy appointed under this section.

(6) In the exercise of any power conferred upon him or her by this section the Governor shall act in his or her discretion.