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Constitution of the Republic of TRINIDAD and TOBAGO ACT LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt CONSTITuTION OF The RePuBLIC OF TRINIDAD AND TOBAGO ACT ChAPTeR 1:01 Act 4 of 1976 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–2 .. 3–16 .. 1/2009 17–28 .. 29–54 .. 1/2009 55–58 .. 59–64 .. 1/2009 65–66 .. 67–84 .. 1/2009 85–86 .. 87–92 .. 1/2009 93–96 .. 97–120 .. 1/2009 121–132 .. 133–190 .. 1/2009 191–204 .. L.R.O. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Constitution of the Republic 2 Chap. 1:01 of Trinidad and Tobago Index of Subsidiary Legislation Page Existing Laws Amendment Order (GN 8/1962) … … … … 17 Existing Laws Amendment Order (GN 97/1963) … … … 19 Existing Laws Modification Order (GN 136/1976) … … … 22 Letters Patent Establishing the Distinguished Society of Trinidad and Tobago (110/1983) …… … … … … … 23 Electoral College Regulations (GN 187/1976) … … … … 29 Public Service Commission (Delegation of Powers) Order (GN 158/1966) … 41 Teaching Service Commission (Delegation of Powers) Order (GN 88/1969)… 55 Public Service Commission Regulations (GN 132/1966)… … … 57 Police Service Commission Regulations (GN 131/1966)… … … 131 Appointment of the Commissioner of Police and Deputy Commissioner of Police (Qualification and Selection Criteria) Order (LN 165/2007) … 172 Commissioner of Police and Deputy Commissioner of Police (Selection Process) Order (LN 166/2007) … … … … … … 174 Public Service Appeal Board Regulations (GN 74/1978) … … … 177 Police Service Commission (Appeal) Regulations … … … 191 Note on Schedule The Constitution which was originally enacted as the Schedule to this Act has been published independently (at the beginning of this Edition and immediately before this Chapter). However, any statutory instruments made under the Constitution are published as part of the Subsidiary Legislation of this Chapter. Note on Omissions The following Subsidiary Legislation made under the Constitution have been omitted: (a) Emergency Powers Regulations (made under section 7) and Orders made thereunder. (b) State of Emergency Proclamations (made under section 10). (c) Election of President Declarations Orders (made under section 32). (d) Parliamentary Sessions Proclamations (made under section 67). (e) Proroguing of Parliament Proclamations (made under section 68). UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Constitution of the Republic of Trinidad and Tobago Chap. 1:01 3 (f) Dissolution Proclamations (made under section 68). (g) Elections and Boundaries Commissions Orders (made under section 72). (h) Public Accounts (Enterprises) Committee (made under section 119). N.B. See Current Edition of the Consolidated Index of Acts and Subsidiary Legislation for references to these Subsidiary Legislation. Note on section 162, and on Part IV of ChAPTeR XII (Resignation, Retirement), of the Public Service Commission Regulations LN 282/1998 amended the Public Service Commission Regulations by revoking and replacing Chapter XII. In the regulations that were replaced no regulation was numbered as 162, and the other following regulations were numbered as 163, 164, 165, 166 and 167 notwithstanding the fact that the regulations in Chapter XIII commenced with the number 164. In order therefore, to regularise the situation, regulations 164, 165, 166 and 167 have accordingly been renumbered as 163A, 163B, 163C and 163D in order to maintain sequential continuity in the renumbering of the Regulations. L.R.O. 1/2009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Constitution of the Republic 4 Chap. 1:01 of Trinidad and Tobago ChAPTeR 1:01 CONSTITuTION OF The RePuBLIC OF TRINIDAD AND TOBAGO ACT ARRANGEMENT OF SECTIONS SeCTION 1. Short title. 2. Interpretation. 3. Former Constitution repealed and new Constitution enacted. 4. Appointed day. 5. Existing law. 6. Prerogative and privilege. 7. Legal proceedings and other matters. 8. Succession to property. 9. Rights, liabilities and obligations. 10. Existing officers. 11. Judges of the Supreme Court. 12. Oaths. 13. Transitional provisions relating to existing Commissions. 14. Saving for offices of Prime Minister and Ministers. 15. Alteration to this Act. 16. Transitional as to dissolution of last Parliament. 17. Transitional as to Director of Public Prosecutions. 18. Validation of certain enactments. 19. Saving for prescribed matters under former Constitution. 20. Saving for Standing Orders. 21. Transitional as to constituency boundaries and list of electors. 22. Act to be certified. SCheDuLe—(See Note on page 2). UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Constitution of the Republic of Trinidad and Tobago Chap. 1:01 5 ChAPTeR 1:01 CONSTITuTION OF The RePuBLIC OF TRINIDAD AND TOBAGO ACT An Act to establish the Republic of Trinidad and Tobago 4 of 1976. and to enact the Constitution thereof in lieu of the former Constitution. [29TH MARCH 1976] Commencement. WHEREAS it is enacted by subsection (1) of section 38 of the former Preamble. Constitution that Parliament may alter any of the provisions thereof: And whereas it is enacted by subsection (2) of the said section 38 that in so far as it alters certain provisions of the former Constitution a Bill for an Act of Parliament under the said section 38 shall not be passed by Parliament unless at the final voting thereon in each House it is supported by the votes of not less than two-thirds of all the members of each House: And whereas it is enacted by subsection (3) of the said section 38 that in so far as it alters that section and certain other sections of the former Constitution, a Bill for an Act of Parliament under the said section 38 shall not be passed by Parliament unless it is supported at the final voting thereon— (i) in the House of Representatives by the votes of not less than three-fourths of all the members of the House; (ii) in the Senate by the votes of not less than two-thirds of all the members of the Senate: And whereas it is intended by this Parliament by this Act to alter the former Constitution: NOW, THEREFORE, BE IT ENACTED by the Parliament of Trinidad and Tobago as follows:— 1. (1) This Act may be cited as the Constitution of the Short title. Republic of Trinidad and Tobago Act. L.R.O. 1/2009 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Constitution of the Republic 6 Chap. 1:01 of Trinidad and Tobago (2) This Act shall have effect for the purpose of the alteration of the former Constitution. Interpretation. 2. In this Act— “alter” has the same meaning as in section 38(6)(b) of the former Constitution; *“appointed day” means the day fixed for the coming into operation of the Constitution by Proclamation of the Governor-General under section 4; “the Commonwealth” has the same meaning as in section 3 of the Constitution; †“the Constitution” means the Constitution set out in the Schedule; “existing law” means a law that had effect as part of the law of Trinidad and Tobago immediately before the appointed day; “the former Constitution” has the same meaning as in section 3 of the Constitution; “law” has the same meaning as in section 3 of the Constitution; S.I.1962 “the Order-in-Council of 1962” means the Trinidad and Tobago No. 1875 (U.K.). (Constitution) Order-in-Council, 1962; “public office” has the same meaning as in section 3 of the Constitution; “the State” means the Republic of Trinidad and Tobago. Former 3. On the appointed day all the provisions of the former Constitution repealed and Constitution are repealed and the Order-in-Council of 1962 is new Constitution revoked, and thereupon the Constitution shall have effect as the enacted. supreme law of the State in place of the former Constitution. Appointed day. 4. The Governor-General shall by Proclamation published in the Gazette fix a day after the dissolution of the last Parliament under the former Constitution for the coming into operation of the Constitution. *1st August, 1976 was fixed by Proclamation (GN 116/1976). †See Note on Schedule at page 2. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Constitution of the Republic of Trinidad and Tobago Chap. 1:01 7 5. (1) Subject to the provisions of this section, the Existing law. operation of the existing law on and after the appointed day shall not be affected by the revocation of the Order-in-Council of 1962 but the existing laws shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with this Act. *(2) The President may, by Order published in the Gazette made at any time within the period of three years next after the appointed day, make such modifications to any existing law as may appear to him to be necessary or expedient for bringing that law into conformity with the Constitution, without prejudice, however, to any powers conferred by any law upon any other person or authority to modify any existing law. (3) Anything done under any existing law before its modification by or under this section which would, but for this subsection, cease by virtue of that modification to have effect, shall continue to have effect as if done under that law as so modified. (4) In subsection (3), “modification” includes amendment, adaptation or other alteration authorised by subsection
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