The Turks and Caicos Islands Constitution Order 2011

Determination of questions as to membership of House of Assembly
This section has no associated Explanatory Memorandum

53.—(1) Without prejudice to section 52(1), the Supreme Court shall have jurisdiction to hear and determine any question as to whether—

(a)any person has been validly elected as a member of the House of Assembly; or

(b)an elected member of the House has vacated his or her seat in the House or is required by virtue of section 52(3) to cease to perform his or her functions as such member,

and the decision of the Supreme Court shall be final and not subject to any appeal.

(2) An application to the Supreme Court for the determination of any question under subsection (1) may be made by the Attorney General or by any person who is a registered elector; and an application for the determination of any question under subsection (1)(b) may also be made by any member of the House of Assembly.

(3) Any question as to whether a person is an ex officio or an appointed member of the House of Assembly, or whether any such person has vacated his or her seat, shall be determined by the Governor acting in his or her discretion.