National honours and awards (amendment) bill 2014

Attorney General’s Chambers

13 August 2014

TURKS AND CAICOS ISLANDS NATIONAL HONOURS AND AWARDS (AMENDMENT) BILL 2014 ARRANGEMENT OF CLAUSES CLAUSE

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Short title and commencement Interpretation section 2 amended Section 3 substituted Section 4 amended Section 4A inserted Section 5 amended Section 6 amended Section 7 amended Section 8 amended Section 8A inserted Section 9 amended Section 10 amended Schedule amended Schedules 1, 3 and 4 inserted

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Attorney General’s Chambers

13 August 2014

TURKS AND CAICOS ISLANDS A PROPOSAL FOR A

BILL FOR AN ORDINANCE TO AMEND THE NATIONAL HONOURS AND AWARDS ORDINANCE; AND FOR CONNECTED PURPOSES.

ENACTED by the Legislature of the Turks and Caicos Islands.

Short title and commencement 1. This Ordinance may be cited as the National Honours and Awards (Amendment) Ordinance 2014 and shall come into operation on such day as the Governor may appoint by Notice published in the Gazette.

Interpretation 2. In this Ordinance the “principal Ordinance” means the National Honours and Awards Ordinance.

Section2 amended 3. Section 2 of the principal Ordinance is amended by deleting the definition of “Minister” and inserting in the appropriate alphabetical order the following definitions— “”Premier” means the person appointed as such under section 31(2) of the Constitution; and “Turks and Caicos Islander” has the meaning assigned in section 132(1) of the Constitution;”.

Section 3 substituted 4. Section 3 of the principal Ordinance is repealed and the following substituted—

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Attorney General’s Chambers

13 August 2014

“Establishment of honours and awards 3. (1) There shall be established in the Islands the following national honours and awards— (a) the Order of National Hero; (b) the Order of Turks and Caicos Islands; (c) the Patriotic Award; (d) the Meritorious Service Medal; (e) the Long Service Medal; (f) the National Young Achiever’s Medal.

(2) The honour and awards shall have the rank and precedence in the order in which they appear in subsection (1).

(3) The Order of National Hero, Order of Turks and Caicos Islands and the Patriotic Award may be conferred upon a person during his lifetime or posthumously.

(4) The honours and awards established under this section shall be governed by Schedule 1 and the Committee shall have regard to the guidelines set out in Schedule 3 in the selection of a person for the bestowal of an honour or award.”.

Section 4 amended 5. Section 4 of the principal Ordinance is amended— (a) in subsections (2), (3), (4) and (6), by repealing the word “Minister” wherever it occurs and substituting “Premier”; (b) in subsection (3), by deleting the word “Schedule” and substituting “Schedule 2”; (c) in subsections (4) and (5), by repealing the words “Honours” and “Awards” wherever they occur and substituting “honours” and “awards”, respectively; and (d) by inserting after subsection (6) the following subsection— “(7) A member of the Committee is not eligible for nomination for the grant of an award while serving on the Committee.”.

Section 4A inserted 6. The principal Ordinance is amended by inserting after section 4 the following section—

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Attorney General’s Chambers

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“Nomination for conferment of honours and awards 4A. A person may nominate a person for the bestowal of an honour or award using the form set out in Schedule 4 and the form must be submitted to the Committee for consideration by the Committee.”.

Section 5 amended 7. Section 5 of the principal Ordinance is amended— (a) in subsection (1), by repealing the words “where the Committee shall bestow upon” and substituting “at which the Premier shall confer upon the recipient or if posthumously upon a”; (b) in subsection (2), by repealing the “Committee” and substituting “Premier”;

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(c) in subsections (2) and (3), by repealing the words “Honours” and “Awards” and substituting “honours” and “awards”, respectively; (d) in subsection (3), by repealing the words “Honour” and “Award” and substituting “honour” and “award”, respectively; and (e) by repealing subsection (4).

Section 6 amended 8. Section 6 of the principal Ordinance is amended by deleting the word “Minister” wherever it occurs and substituting “Premier”.

Section 7 amended 9. Section 7 of the principal Ordinance is amended by repealing the words “Honour” and “Award” and substituting “honour” and “award”, respectively.

Section 8 amended 10. Section 8 of the principal Ordinance is amended by repealing the words “Honour” and “Award” wherever they occur and substituting “honour” and “award”, respectively.

Section 8A inserted 11. The principal Ordinance is amended by inserting after section 8 the following section— “Revocation of Order of National Hero

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Attorney General’s Chambers

13 August 2014

8A. The Order of National Hero awarded to a person may be revoked if the person— (a) commits an offence under section 7(c); or (b) engages in any act that, in the opinion of the Committee., brings the honours system into disrepute.”.

Section 9 amended 12. Section 9 of the principal Ordinance is amended— (a) in subsection (1), by repealing the word “Minister” and substituting “Premier”; (b) in subsection (1)— (i) paragraph (b) by repealing the words “of the Orders and Awards” and substituting “order and award”; (ii) paragraph (c) by repealing the words “Orders” and “Awards” and substituting “orders” and “awards”, respectively; (iii) in paragraphs (d) and (e) by repealing the words “Order” and “Award” wherever they occur and substituting “order” and “award”, respectively.

Section 10 amended 13. Section 10 of the principal Ordinance is amended by repealing the words “Honours” and “Awards” wherever they occur and substituting “honours” and “awards”, respectively.

Schedule amended 14. The Schedule to the principal Ordinance is amended— (a) by deleting the word “Minister” wherever it occurs and substituting “Premier”; and (b) by renumbering that Schedule as Schedule 2.

Schedules 1, 3 and 4 inserted 15. The principal Ordinance is amended by inserting the following as Schedules 1, 3 and 4—

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Attorney General’s Chambers

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“SCHEDULE 1

(section 3(4))

The Order of National Hero 1. (1) The Order of National Hero is the highest award and may be granted to a Turks and Caicos Islander who has given distinguished and meritorious service to the Islands and the people of the Islands.

(2) The Order of National Hero may be conferred upon a person during his lifetime or posthumously.

(3) A person to whom the Order of National Hero is granted shall— (a) be formally addressed as “The Right Excellent”; and (b) be entitled to wear the insignia prescribed for recipients of the Order of National Hero.

The Order of Turks and Caicos Islands 2. (1) The Order of Turks and Caicos Islands may be granted to a Turks and Caicos Islander who has served with distinction in any field of discipline.

(2) The Order of Turks and Caicos Islands may be conferred upon a person during his lifetime or posthumously.

(3) This person to whom the Order of the Turks and Caicos Islands is granted shall— (a) be formally addressed as “The Most Honourable”; (b) have the letters “OTCI” placed after his name on all occasions when use of the letters is customary; and (c) be entitled to wear the insignia prescribed for recipients of the Order of Turks and Caicos Islands.

The Patriotic Award 3. (1) The Patriotic Award may be granted to a Turks and Caicos Islander who has demonstrated a keen sense of national consciousness and rendered exceptional sacrificial service to the Islands and the people of the Islands: Provided that the Patriotic Award - Mouchoir Bank Medal may be bestowed upon a non-Turks and Caicos Islander as an honorary award for demonstrating a very high regard for national

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Attorney General’s Chambers

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integration and contributing to the development of the Islands above and beyond the required obligations of a development agreement, especially in the areas of education, culture, the arts, agriculture, science, technology and infrastructure.

(2) The Patriotic Award may be conferred upon a person during his lifetime or posthumously.

(3) The Patriotic Award may be granted in classes of gold or silver and shall be distinguished in the following categories— (a) the Cayos Medal (gold); and (b) the Mouchoir Bank Medal (silver).

(4) The person to whom the Patriotic Award is granted shall— (a) be formally addressed as “The Much Honoured”; (b) have the letters “PA” placed after his name on all occasions when use of the letters is customary; and (c) be entitled to wear the insignia prescribed for recipients of the Patriotic Award.

(5) The Patriotic Award may be granted to no more than four persons annually.

The Meritorious Service Medal 4. (1) The Meritorious Service Medal may be granted to a Turks and Caicos Islander who— (a) has given sacrificial and meritorious service in a field of service that is inherently challenging; or (b) has performed a brave or humane act in the Islands or abroad: Provided that the Meritorious Service Medal may be granted to a non-Turks and Caicos Islander who has made extraordinary sacrifices in the interest of humanity on the world’s stage.

(2) The person to whom the Meritorious Service Medal is granted shall— (a) have the letters “MSM” placed after his name on all occasions when use of the letters is customary; and (b) be entitled to wear the insignia prescribed for recipients of the Meritorious Service Medal.

(3) The Meritorious Service Medal may be granted to not more than four persons annually.

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Attorney General’s Chambers

13 August 2014

The Long Service Medal 5. (1) The Long Service Medal may be granted to a Turks and Caicos Islander who has given outstanding and exemplary public service to the Islands and its people for a minimum period of twenty years.

(2) The recipient of the Long Service Medal may qualify subsequently, in any other area of recognition provided in this Ordinance.

(3) The person to whom the Long Service Medal is granted shall— (a) have the letters “LSM” placed after his name on all occasions when use of the letters is customary; and (b) be entitled to wear the insignia prescribed for recipients of the Long Service Medal.

National Young Achiever’s Medal 6. (1) The National Young Achiever’s Medal may be granted to a Turks and Caicos Islander between the ages of twelve and twenty-five years who has performed exceptionally well in the areas of culture, literature, performing arts or sports on a national, regional or international level.

(2) Recognition may be culminated with the bestowal of the title and the grant of an emblem or the recipient’s recognition may be memorialised by the naming of a building, activity or street in his honour.

(3) The person to whom the National Young Achiever’s Medal is awarded shall be entitled to have the letters “NYAM” placed after his name on all occasions when use of the letters is customary. __________ SCHEDULE 3

(section 3(4)) SELECTION GUIDELINES AND CRITERIA

The following shall be taken into consideration in the selection of individuals for a national award— (a) in choosing a nominee, consideration shall be given to the nominee’s achievements up to the year immediately prior to the day of nomination;

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Attorney General’s Chambers

13 August 2014

(b) except for the specified age coverage for the National Young Achiever’s Medal, there is no age restriction pertaining to the selection of other nominees; (c) a nominee must be Turks and Caicos Islander except if the Ordinance otherwise provides; (d) before the confirmation of a selection, verifiable documentation shall be perused by the Committee; (e) self-nomination will not be considered; (f) the number of nominations cast for a nominee shall not be the determining factor that influences the final decision; (g) a nominee can qualify in different categories of awards over a period of time but no recipient can be honoured in any one category more than once; (h) the names of unsuccessful nominees shall not be carried over for consideration in subsequent nominations; (i) in the National Young Achiever’s Medal category of award, where the performance merits it, groups may be nominated to share an award; (j) all nominations must reach the Committee not later than three months prior to the month of celebration; (k) the decisions made by the Committee shall be recommended to the Premier in Cabinet; (l) the approved list of recipients in any given year will be published in the Gazette and other media, six weeks prior to the ceremony for bestowal; (m) only in the case of grave error discovered within the first week of publication of the approved list of recipients in the Gazette will the Committee revise its publication; and (n) there shall be no appeal from decisions made on the selection of recipients;

Selection Criteria (a) a nominee must be a Turks and Caicos Islander; (b) a non-Turks and Caicos Islander may qualify only if so provided in the Ordinance;

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Attorney General’s Chambers

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(c) a nominee must have demonstrated excellence in his field of endeavour; (d) a nominee must have demonstrated pride in, and ability to, promote goodwill among all layers of the Turks and Caicos Islands societies – gender, age, ethnicity, status, field of endeavour; (e) the level of difficulty and personal sacrifice associated with the delivery of one’s service; (f) a nominee’s contribution to the society outside his paid profession or responsibility; (g) a nominee’s length of service in a particular field of endeavour and in any other area of service; and (h) a nominee’s inspirational abilities to influence goodwill at multiple levels of the Turks and Caicos Islands communities. __________

SCHEDULE 4 (section (4A) NOMINATION FORM

SECTION I BIOGRAPHICAL AND CONTACT INFORMATION 1. Name of Nominee ……………………………………..

2. Address………..

Email.……

Telephone…..…

3. Nominee’s place of birth ………………………………

4. Nominee’s nationality …………………………………

5. Nominee’s contribution to society …………………………………………………………… …………………………………………………………… ……………………………………………………………

6. Nominator’s rationale for nomination …………………………………………………………… …………………………………………………………… ……………………………………………………………

7. In your opinion, what is your Nominee’s strongest area of contribution 8. Nominator’s Name ………………………………………..

9. Nominator’s place of birth ……….

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Nationality ………..

Attorney General’s Chambers 10. Address………..

13 August 2014 Email.……

Telephone…..…

11. How long have you known your nominee?

12. In what capacity have you known your nominee? ……………………………………………………………..

13. Nominator’s Signature……………………………………

14. Date of submission………………………………………..

SECTION II SELECTION Please tick the Box that best represents your selection 1. The Order of National Hero ………………

2. The Order of Turks and Caicos Islands ……………

3. The Patriotic Award ………….

CAYOS MEDAL

……………

MOUCHOIR MEDAL

4. The Meritorious Service Medal ……………….

5. The Long Service Medal ………………………..

6. The National Young Achiever’s Medal ……………….

Please forward your completed Form in a sealed envelope addressed to any member of the National Honours and Awards Committee directly or through a District Commissioner on the islands served by one.”. __________

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Attorney General’s Chambers

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PASSED by the House of Assembly this

Tracey Parker Clerk to the House of Assembly

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day of

Robert Hall Speaker

2014.

Attorney General’s Chambers

13 August 2014

EXPLANATORY MEMORANDUM This Bill seeks to amend the National Honours and Awards Ordinance to, in the main, provide a revised list of national honours and awards.

Clause 1 of the Bill provides the short title and commencement.

Clause 2 contains the definition.

Clause 3 seeks to amend section 2 of the principal Ordinance to repeal the definition of Minister (which is defined to mean the Premier) and to insert definitions of “Premier” and “Turks and Caicos Islander”.

Clause 4 of the Bill seeks amend the principal Ordinance by repealing and substituting section 3 to provide a revised list of national honours and awards, namely,— (a) the Order of National Hero which may be granted to a Turks and Caicos Islander who has given distinguished and meritorious service to the Islands and the people of the Islands; the Order of Turks and Caicos Islands which may be granted to a Turks and Caicos Islander who has served with distinction in any field of discipline; (b) the Patriotic Award which may be granted to a Turks and Caicos Islander who has demonstrated a keen sense of national consciousness and rendered exceptional service to the Islands and the people of the Islands; (c) the Meritorious Service Medal which may be granted to a Turks and Caicos Islander has given sacrificial and meritorious service in a field of service that is inherently challenging; or has performed a bravery or humane act at home or abroad; (d) the Long Service Medal which may be granted to a Turks and Caicos Islander who has given outstanding and exemplary public service to the Islands and its people for a period of twenty years; and (e) the National Young Achiever’s Medal which may be granted to a resident of the Islands between the ages of twelve and twenty-five years who has performed exceptionally well in the areas of culture, literature, performing arts or sports on a national, regional or international level.

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Attorney General’s Chambers

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Further a new Schedules 1and 3 contain provisions specifying the designation which a recipient of an award shall be entitled to use and the abbreviations by which reference may be made to such designation and the number of persons who may, from time to time be admitted to a particular honour or rank.

Clause 5 of the Bill would amend section 4 of the principal Ordinance by inserting a new subsection (7) to stipulate that a member of the National Honours and Awards Committee is not eligible to receive an award while still a member of the Committee.

Clause 6 of the Bill would add a new section 4A to the principal Ordinance to provide the form to be used by a person wishing to nominate someone for consideration for grant of an award.

Clause 7 of the Bill would amend section 5 of the principal Ordinance to provide that the Premier and not the Committee will confer the awards at the public ceremony.

Clauses 8, 9, 10, 12, 13 and 14 of the Bill make general amendments and grammatical corrections to the principal Ordinance by deleting references to “Minister”, “Honours”, ‘Honour”, “Award” and “Awards” and substitute references to “Premier”, “honours”, “honour”, “award” and “awards”, as the case may be.

Clause 11 of the Bill would add a new section 8A to the principal Ordinance to provide for the revocation of the Order of National Hero where the recipient of the award commits an offence relating to the unauthorised use of insignia or engages in any act that, in the opinion of the Committee, brings the honours system into disrepute.

Clause 15of the Bill provides for the insertion of Schedules 1, 3 and 4.

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