TCI Constitution

Exercise of Governor’s functions 29. (1) Subject to this section, the Governor shall consult the Cabinet on the formulation of policy and in the exercise of all functions conferred on him or her by this Constitution or any other law, except— (a) when acting under instructions given to him or her by Her Majesty through a Secretary of State; (b) when exercising any function conferred on the Governor by this Constitution or any other law which is expressed to be exercisable by the Governor in his or her discretion or in his or her judgement or in accordance with the recommendation or advice of, or after consultation with, any person or authority other than the Cabinet; or (c) subject to section 37(5), in any case which, in his or her judgement, involves a matter for which he or she is responsible under section 37(1). (2) In any case in which the Governor is required by this section to consult the Cabinet, he or she shall, subject to section 37(5), act in accordance with the advice given to him or her by the Cabinet unless— (a) the Governor is instructed by Her Majesty through a Secretary of State to do otherwise; or (b) the Governor, acting in his or her discretion, decides to do otherwise in order to ensure compliance with the Statement of Governance Principles for the time being in effect. (3) In any case where the Governor proposes not to act in accordance with the advice of the Cabinet on the ground specified in subsection (2)(b), he or she shall within seven days notify the Cabinet and inform the Cabinet in writing of his or her reasons for not so acting and the respects in which the advice is inconsistent with the Statement of Governance Principles for the time being in effect. © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & 36 CAP. 1.01 Constitution CAICOS ISLANDS Consolidation Date: 31 Dec 2014 (4) The Governor may decide not to act in accordance with the advice of the Cabinet on the ground specified in subsection (2)(b) only with the prior approval of a Secretary of State unless, in the Governor’s judgement, the matter is so urgent that it is necessary to do so without such approval; and in that case the Governor shall, as soon as practicable, report his or her action and the reasons for it to a Secretary of State. (5) A Secretary of State shall respond as soon as practicable to any request by the Governor for approval under subsection (4). (6) The Premier shall have the right to submit to a Secretary of State comments in writing on the Governor’s reasons for not acting in accordance with the advice of the Cabinet under subsection (2)(b). (7) No proposed decision of the Cabinet shall be taken where the Governor has referred to a Secretary of State the advice given to him or her in relation to it with a view to possible instructions under subsection (2)(a) or approval under subsections (2)(b) and (4), until the Governor notifies the Cabinet that no such instructions will be issued or, as the case may be, no such approval will be given. (8) Where the Governor is by this Constitution or any other law directed to exercise any function after consultation with any person or authority other than the Cabinet he or she shall not be obliged to exercise that function in accordance with the advice of that person or authority. (9) Where the Governor is by this Constitution or any other law directed to exercise any function in accordance with the recommendation or advice of, or after consultation with, any person or authority, the question whether or not he or she has so exercised that function shall not be inquired into by any court. PART III THE EXECUTIVE