The Turks and Caicos Islands Constitution (Interim Amendment) Order 2009

Citation, construction and commencement

1.—(1) This Order may be cited as the Turks and Caicos Islands Constitution (Interim Amendment) Order 2009 and shall be construed as one with the Turks and Caicos Islands Constitution Order 2006(1) (in this Order referred to as “the 2006 Order”).

(2) This Order and the 2006 Order may be cited together as the Turks and Caicos Islands Constitution Orders 2006 to 2009.

(3) 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.

Interpretation

2.  In this Order “the Constitution” means the Constitution of the Turks and Caicos Islands set out in Schedule 2 to the 2006 Order.

Duration of Order

3.  This Order shall continue in force for the period of two years from the date of its commencement and shall then expire unless it is continued in force or sooner revoked by Order in Council.

Offices to become vacant

4.  On the commencement of this Order the following offices shall become vacant—

(a)Premier and other Minister;

(b)Speaker and Deputy Speaker;

(c)Leader of the Opposition;

(d)Cabinet Secretary;

(e)member of the Judicial Service Commission other than that of Chairman;

(f)member of the Public Service Commission other than that of Chairman; and

(g)Complaints Commissioner.

Cabinet

5.  On the commencement of this Order the Cabinet shall cease to exist.

House of Assembly

6.  On the commencement of this Order the House of Assembly shall be dissolved and all members of the House shall vacate their seats in the House.

Suspension of certain provisions of the Constitution

7.  While this Order is in force the provisions of the Constitution set out in Schedule 1 shall not have effect.

Interim provisions to have effect

8.  While this Order is in force the provisions set out in Schedule 2 shall have effect and shall be read together with the provisions of the Constitution not affected by section 7.

Amendment of laws of Turks and Caicos Islands

9.  While this Order is in force, where in any law in force in the Turks and Caicos Islands (other than the 2006 Order)—

(a)there is a reference to the Cabinet, the Premier, a Minister, the Cabinet Secretary or the Leader of the Opposition, any such reference shall be read and construed as a reference to the Governor, acting in his or her discretion;

(b)there is a reference to any power, duty or function of the Cabinet, the Premier, a Minister, the Cabinet Secretary or the Leader of the Opposition, any such reference shall be read and construed as a reference to a power, duty or function of the Governor and in the exercise or performance of it the Governor shall act in his or her discretion;

(c)there is a reference to the House of Assembly or any of its committees, the Speaker or the Deputy Speaker, any such reference shall be read and construed as a reference to the Governor, acting in his or her discretion;

(d)the Governor is required to exercise or perform any power, duty or function after consultation with, or in accordance with the advice of, the Cabinet, the Governor shall exercise or perform that power, duty or function in his or her discretion.