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public notice: turks and caicos islands disaster management(National Systematic Shutdown) Regulations 2023

Turks and Caicos Islands Disaster Management (National Systematic Shutdown) Regulations 2023

In a resolute effort to ensure the protection from loss of life and damage to property, the Turks and Caicos Island Government has approved a new Regulation that will allow a systematic shutdown to be implemented in the event of a hazardous situation such as a tropical storm or hurricane. The Disaster Management (National Systematic Shutdown) Regulations 2023 are made under section 64(2)(c) of the Disaster Management Ordinance. This new Regulations provide the Government with the legal framework to implement a phased/systematic shutdown of the entire Turks and Caicos Islands or a phased/systematic shutdown of any island that can be impacted by a hazardous event.

The Regulations include the following components:  National Shutdown Order, Offence and Fixed Penalty, Staggered Approach, Public and Private Sector Shutdown Procedures, Essential Services and the All Clear/Reactivation Procedures.

National Shutdown Order: The National Systematic Shutdown Regulations which comes into operation on October 20th, 2023 will allow H.E. the Governor under the guidelines set out in the Regulations to issue a shutdown order requiring the closure of businesses and services and restricting the movement of persons within the Islands. The issuance of the shutdown order would be in effect for every sector of the Island(s). A shutdown order can be issued after the Turks and Caicos Islands has been issued a ‘Warning’ notification, for example in relation to a tropical storm or hurricane.

Offence:  A shutdown order will be issued with a timeline required for enforcement. Individuals and businesses who fail to comply with a shutdown order may be found liable of committing an offence and can be sentenced to a fine of $10,000 or imprisonment for two years, or to both.

Fixed Penalty

The Royal Turks and Caicos Islands Police Officer as the enforcers, can issue a ticket to individuals and businesses found to have been in breach of a shutdown order.

An individual opting to plead guilty can produce the ticket to the Clerk at the Magistrate Court on or before the date present on the ticket and pay the Fines as follows:

(a) individuals can be charged a fine of $500.00 

(b)  Businesses can be charged a fine of $5,000.00.

Staggered approach: The National Shutdown order can be issued utilising a staggered approach to allow for Private and Public Essential Sectors identified in the Regulations to implement systematic closure of operations for as long as possible towards the enforcement timeline. It is intended that this approach will allow national operations to be smoothly transitioned towards closure.

Essential Services: The Regulations identifies essential Services/Agencies for both private and public sector. The general public is encouraged to become familiar with these services/agencies.

All Clear: The Regulations provide the Government with the rights to issue the All Clear for reactivation of the Turks and Caicos Islands. The general public is reminded that residents are required to remain indoors (homes/buildings) until the All Clear is given.