Attorney-General of the Turks and Caicos Islands

The Attorney-General of the Turks and Caicos Islands is the legal adviser to the Government and House of Assembly of the Turks and Caicos Islands. Previously administered indirectly via Bermuda, Jamaica and the Bahamas, the islands received their own governor and became a separate autonomous British Overseas Territory when Bahamas became independent in 1973.

The Attorney-General is appointed by the Governor under Section 91 of the 2011 Constitution. Under the 1988 Constitution, appointment and dismissal of the Attorney-General was in the sole discretion of the Governor. The 2006 Constitution added the requirement the Governor must consult with the Premier before appointing the Attorney-General, and may only remove the Attorney-General with the prior approval of the Secretary of State, for inability to discharge the functions of his or her office, or for misbehaviour. The 2011 constitution removed the requirement to consult with the Premier before appointment, but retained the requirement to obtain approval of the Secretary of State for removal. The Turks and Caicos Islands Constitutional and Electoral Reform Project (CER) had initially suggested that the 2011 Constitution provide for the Attorney-General to be appointed by the Premier or the Cabinet (as in other British Overseas Territories and Commonwealth countries) instead of the Governor, but in the end the CER decided to avoid recommending drastic changes to the appointment process, leaving the issue open instead for a potential future constitutional amendment.

Section 125 of the 2011 Constitution newly provides that the remuneration of the Attorney-General should be prescribed by Ordinance, that such remuneration should be paid out of the Consolidated Fund, and that the level of remuneration shall not be altered to the disadvantage of the Attorney-General save through an Ordinance which makes an equivalent reduction to the remuneration of all members of the public service.

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