Appendix 3
S.I. 2011/1681: memorandum from the Foreign and
Commonwealth Office
Turks and Caicos Islands Constitution Order
2011 (S.I. 2011/1681)
The Committee has requested a memorandum on the following
point:
Explain how sections 3 to 5 are intended to operate
if the coming into force of the new Constitution is delayed by
proclamation under section 4 and how effect is given to that intention.
Section 2(1) defines "the appointed day"
as the day appointed by the Governor under section 1(2).
Section 1(2) provides: "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."
It is therefore necessary for a single day to be
appointed by the Governor for the commencement of the Order.
Section 4 provides that Schedule 2 shall have effect
as the Constitution of the Turks and Caicos Islands from the appointed
day, that is to say the date of commencement of the Order. But
section 4 goes on to provide that "the Governor, acting in
his or her discretion and with the prior approval of a Secretary
of State, may by proclamation published in the Gazette
provide that any provisions of the Constitution shall not come
into force until such later day or days as he or she in like manner
may appoint, and in that case such provisions shall come into
force on the day or days so appointed".
The intention is that the Constitution should come
into force on the date of commencement of the Order ("the
appointed day") but that, if a Secretary of State so approves,
certain provisions should come into force at a later date or dates.
There is no intention that the coming into force of the entire
Constitution should be delayed beyond the appointed day. Indeed
there would be no purpose in doing so, because the commencement
of the Order can be timed to coincide with the date that it is
intended the Constitution should commence.
The intention described above can be assured by the
requirement in section 4 that the approval of a Secretary of State
must be obtained before the Governor delays the coming into force
of any provisions of the Constitution.
Sections 3 to 5 of the Order will operate by reference
to the appointed day, that is to say the date of commencement
of the Order (notwithstanding that certain provisions of the Constitution
might come into force at a later date). That is the intention,
and effect will be given to it as explained above.
Foreign and Commonwealth Office
24 October 2011
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