CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND …

1 CONSTITUTION OF THE REPUBLIC OFTRINIDAD AND tobago ACTCHAPTER 1:01 laws OF TRINIDAD AND TOBAGOAct4 of Current Authorised Pages Pages Authorised (inclusive) by 1 4 .. 5 16 .. 17 28 .. 29 54 .. 55 66 .. 67 84 .. 85 86 .. 87 92 .. 93 96 .. 97 120.

2 121 132 .. 133 170 .. 171 203 .. UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND LEGAL of Subsidiary Legislation PageExisting 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).

3 55 Public Service Commission Regulations (GN 132/1966) .. 57 Police Service Commission Regulations (GN 131/1966) .. 131 Commissioner of Police and Deputy Commissioner of Police (Selection Process) Order (LN 218/2015) .. 172 Appointment of the Commissioner of Police and Deputy Commissioner of Police (Qualification and Selection Criteria) Order (LN 219/2015) .. 175 Public Service Appeal Board Regulations (GN 74/1978) .. 176 Police Service Commission (Appeal) Regulations .. 190 Note on ScheduleThe CONSTITUTION which was originally enacted as the Schedule to this Act has been publishedindependently (at the beginning of this Edition and immediately before this Chapter).However, any statutory instruments made under the CONSTITUTION are published as part of theSubsidiary Legislation of this on OmissionsThe following Subsidiary Legislation made under the CONSTITUTION have been omitted: (a) Emergency Powers Regulations (made under section 7) and Orders made thereunder.

4 (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). (f) Dissolution Proclamations (made under section 68).of TRINIDAD and TobagoChap. 1:012 CONSTITUTION of the RepublicLAWS OF TRINIDAD AND TOBAGOUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND LEGAL of TRINIDAD and TobagoConstitution of the RepublicChap. 1:013 laws OF TRINIDAD AND tobago (g) Elections and Boundaries Commissions Orders (made undersection 72). (h) Public Accounts (Enterprises) Committee (made under section 119). See Current Edition of the Consolidated Index of Acts and SubsidiaryLegislation for references to these Subsidiary on section 162, and on Part IV of CHAPTER XII(Resignation, Retirement), of the Public ServiceCommission RegulationsLN 282/1998 amended the Public Service Commission Regulations by revokingand replacing Chapter XII.

5 In the regulations that were replaced no regulationwas numbered as 162,and the other following regulations were numbered as163, 164, 165, 166and 167 notwithstanding the fact that the regulations inChapter XIII commenced with the number order therefore, to regularise the situation, regulations 164, 165, 166 and 167have accordingly been renumbered as 163A, 163B, 163C and 163D in order tomaintain sequential continuity in the renumbering of the VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND LEGAL 1:01 CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND tobago ACTARRANGEMENT OF SECTIONSSECTION 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.

6 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 (See Note on page 2).of TRINIDAD and TobagoChap. 1:014 CONSTITUTION of the RepublicLAWS OF TRINIDAD AND TOBAGOUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND LEGAL of TRINIDAD and TobagoConstitution of the RepublicChap. 1:015 laws OF TRINIDAD AND TOBAGO4 of 1:01 CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND tobago ACTAn Act to establish the REPUBLIC of TRINIDAD and Tobagoand to enact the CONSTITUTION thereof in lieu of theformer CONSTITUTION .

7 [29 THMARCH1976]WHEREASit is enacted by subsection (1) of section 38 of the formerConstitution that Parliament may alter any of the provisions thereof: And whereas it is enacted by subsection (2) of the saidsection 38 that in so far as it alters certain provisions of theformer CONSTITUTION a Bill for an Act of Parliament under the saidsection 38 shall not be passed by Parliament unless at the finalvoting thereon in each House it is supported by the votes of notless than two-thirds of all the members of each House: And whereas it is enacted by subsection (3) of the saidsection 38 that in so far as it alters that section and certain othersections of the former CONSTITUTION , a Bill for an Act ofParliament under the said section 38 shall not be passed byParliament unless it is supported at the final voting thereon (i) in the House of Representatives by thevotes of not less than three-fourths of allthe members of the House; (ii) in the Senate by the votes of not less thantwo-thirds of all the members of the Senate: And whereas it is intended by this Parliament by this Act toalter the former CONSTITUTION :NOW, THEREFORE, BE ITENACTEDby the Parliament of Trinidadand tobago as follows: 1.

8 (1) This Act may be cited as the CONSTITUTION of theRepublic of TRINIDAD and tobago VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND LEGAL (2) This Act shall have effect for the purpose of thealteration of the former CONSTITUTION . 2. In this Act alter has the same meaning as in section 38(6)(b)of the formerConstitution;* appointed day means the day fixed for the coming intooperation of the CONSTITUTION by Proclamation of theGovernor-General under section 4; the Commonwealth has the same meaning as in section 3 of theConstitution; the CONSTITUTION means the CONSTITUTION set out in theSchedule; existing law means a law that had effect as part of the law ofTrinidad and tobago immediately before the appointed day; the former CONSTITUTION has the same meaning as in section 3of the CONSTITUTION ; law has the same meaning as in section 3 of the CONSTITUTION ; the Order-in-Council of 1962 means the TRINIDAD and tobago ( CONSTITUTION ) Order-in-Council, 1962; public office has the same meaning as in section 3 of theConstitution; the State means the REPUBLIC of TRINIDAD and tobago .

9 3. On the appointed day all the provisions of the formerConstitution are repealed and the Order-in-Council of 1962 isrevoked, and thereupon the CONSTITUTION shall have effect as thesupreme law of the State in place of the former CONSTITUTION . 4. The Governor-General shall by Proclamation publishedin the Gazettefix a day after the dissolution of the last Parliamentunder the former CONSTITUTION for the coming into operation ofthe 1875( ).FormerConstitutionrepealed day.*1st August, 1976 was fixed by Proclamation (GN 116/1976). SeeNote on Schedule at page TRINIDAD and TobagoChap. 1:016 CONSTITUTION of the RepublicLAWS OF TRINIDAD AND TOBAGOUNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2015 MINISTRY OF THE ATTORNEY GENERAL AND LEGAL of TRINIDAD and TobagoConstitution of the RepublicChap. 1:017 laws OF TRINIDAD AND tobago 5. (1) Subject to the provisions of this section, theoperation of the existing law on and after the appointed day shallnot be affected by the revocation of the Order-in-Council of 1962but the existing laws shall be construed with such modifications,adaptations, qualifications and exceptions as may be necessary tobring them into conformity with this Act.

10 *(2) The President may, by Order published in theGazettemade at any time within the period of three years nextafter the appointed day, make such modifications to any existinglaw as may appear to him to be necessary or expedient forbringing that law into conformity with the CONSTITUTION , withoutprejudice, however, to any powers conferred by any law uponany other person or authority to modify any existing law. (3) Anything done under any existing law before itsmodification by or under this section which would, but for thissubsection, cease by virtue of that modification to have effect, shallcontinue 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 (1) . (5) Without prejudice to the generality of subsections (1)to (4) and subject to any Order made under subsection (2), in anyexisting law which continues in force after the appointed day or inany public document, in relation to any time or any periodcommencing on or after the appointed day, unless the contextotherwise requires (a) any reference to Her Majesty the Queen, whetheror not that expression is used, or to the Crown inrespect of TRINIDAD and tobago , shall be read andconstrued as if it were a reference to the State; (b)any reference to the Governor-General shall beread and construed as if it were a reference tothe President; (c) any reference to Crown land or Crown forestshall be read and construed as a reference toState land or State forest, respectively;Existing law.