TCI Constitution

Appointments 134. (1) In this Constitution, unless it is otherwise provided or the context otherwise requires, any reference to power to make appointments to any public office shall be construed as including a reference to power to make appointments on promotion and transfer, appointments on contract and © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & 90 CAP. 1.01 Constitution CAICOS ISLANDS Consolidation Date: 31 Dec 2014 appointments to act in an office during any period when it is vacant or the holder of that office is absent from the Islands or is for any other reason unable to perform the functions of the office. (2) Where the holder of any office constituted by or under this Constitution is on leave of absence pending the relinquishment of that office, the person or authority having power to make appointments to that office may appoint another person to that office; and where two or more persons concurrently hold the same office by virtue of an appointment made in pursuance of this subsection, the person last appointed shall, in respect of any function conferred on the holder of that office, be deemed to be the sole holder of that office. (3) Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to act in an office if the holder of that office is unable to perform the functions of that office, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office. Re-election or reappointment 135. Any person who has vacated his or her seat in the House of Assembly or has vacated any office constituted by or under this Constitution may, if qualified, again be elected to the House or appointed to that office, as the case may be, from time to time. Removal from office 136. In this Constitution, unless it is otherwise provided or the context otherwise requires, any reference to power to remove a public officer from office shall be construed as including a reference to any power conferred by any law to require or permit that officer to retire from the public service and to any power or right to terminate a contract on which a person is employed as a public officer and to determine whether any such contract shall or shall not be renewed. Resignations 137. For the purposes of this Constitution, the resignation of a member of the House of Assembly or the holder of any office constituted by this Constitution that is required to be addressed to any person shall, unless otherwise expressly provided, be deemed to have effect from the time at which it is received by that person. Oaths and affirmations 138. Where a person is required by this Constitution to make an oath he or she shall, if he or she so desires, be permitted to comply with that requirement by making an affirmation in the form provided for in the Schedule to this Constitution. © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & CAICOS ISLANDS Constitution CAP. 1.01 91 Revision Date: 31 Dec 2014 Power to amend or revoke instruments 139. Any power conferred by this Constitution to make any subsidiary instrument or to give any instructions or directions or make any designation shall be construed as including a power exercisable in like manner to amend or revoke any such instrument, instructions, directions or designation. ___________ © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & CAICOS ISLANDS Constitution CAP. 1.01 93 Revision Date: 31 Dec 2014 SCHEDULE TO THE CONSTITUTION FORMS OF OATHS AND AFFIRMATIONS 1. Oath of Allegiance I.......................do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, according to law. So help me God. 2. Oath for the due execution of the office of Governor I……………......do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors in the office of Governor of the Turks and Caicos Islands. So help me God. 3. Oath for the due execution of office of a member of the Cabinet I………………..do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors in the office of member of the Cabinet. So help me God. 4. Judicial Oath I………………..do swear that I will well and truly serve Her Majesty Queen Elizabeth the Second, Her Heirs and Successors in the office of……………… and will do right to all manner of people after the laws and usages of the Turks and Caicos Islands, without fear or favour, affection or ill will. So help me God. 5. Affirmations In the forms respectively set forth, for the word “swear” there shall be substituted the words “solemnly and sincerely affirm and declare”, and the words “So help me God” shall be omitted. ________________ © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  © Crown Copyright 2014 Copying/unauthorised distribution strictly prohibited. Printed under Authority by The Regional Law Revision Centre Inc. www.lawrevision.ai  LAWS OF TURKS & CAICOS ISLANDS Constitution CAP. 1.01 95 Revision Date: 31 Dec 2014 TURKS AND CAICOS ISLANDS (TERRITORIAL SEA ORDER) 1989 (Statutory Instruments 1989 No. 1996 (U.K.) and 1998 No. 1260 (U.K.)) Commencement [1 January 1990] Her Majesty, in pursuance of the powers conferred upon Her by the Colonial Boundaries Act 1895 (a) and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows— Short title 1. This Order may be cited as the Turks and Caicos Islands (Territorial Sea) Order 1989 and shall come into force on 1st January 1990. Territorial Sea 2. The boundaries of the Turks and Caicos Islands are hereby extended to include, as territorial sea, that part of the sea which is situated within 12 nautical miles measured from the baselines as established by articles 3 and 4 of this Order, together with the seabed of the territorial sea and its subsoil.