Establishment and composition of Judicial and legal Service Commission
89.1
There shall be a Judicial and Legal Service Commission for Barbados which
shall consist of the following persons-
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the Chief Justice, who shall be Chairman;
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the Chairman of the Public Service Commission or some other member of the
Public Service Commission nominated by the Chairman to represent him at any
meeting of the Judicial and Legal Service Commission;
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three other members (hereinafter called "the appointed members") appointed
in accordance with the provisions of subsection (2).
89.2
The appointed members shall be appointed by the Governor General, by
instrument under the Public Seal, acting on the recommendation of the Prime
Minister after consultation with the leader of the Opposition, from among
persons who are, or have been, judges of a court having unlimited jurisdiction
in civil and criminal matters in some part of the Commonwealth or a court having
jurisdiction in appeals from any such court:
Provided that if, whenever an occasion arises for the appointment of an
appointed member, the Governor General, acting as aforesaid, is satisfied that
there is no suitable person who is or has been such a judge available and
willing to be appointed, he may appoint a person who has been entitled to
practice in Barbados as a barrister for not less than ten years but is not in
active practice as a barrister.
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89.3
No person shall be qualified to be appointed as a member of the Judicial and
Legal Service Commission if he is a member of either House or a public
officer.
89.4
Subject to the provisions of subsection (5), the office of an appointed
member shall become vacant -
-
at the expiration of three years from the date of his appointment or at
such earlier time as may be specified in the instrument by which he was
appointed;
-
if he becomes a member of either House or a public officer or is appointed
to the office of Chief Justice or Chairman of the Public Service
Commission.
89.5
The provisions of section 105 (which relate to removal from office) shall
apply to the office of an appointed member, and the prescribed authority for the
purposes of subsection (4) of that section shall be the Prime Minister and for
the purposes of subsection (6) of that section shall be the Chief
Justice.
89.2
If the office of an appointed member is vacant or the holder thereof is for
any reason unable to perform the functions of his office, the Governor General,
acting on the recommendation of the Prime Minister after consultation with the
Leader of the Opposition, may, by instrument under the Public Seal, appoint a
person who is qualified for appointment as an appointed member to act in the
office of that member; and any person so appointed shall, subject to the
provisions of subsection (4)(b), continue so to act until a person has been
appointed to the office in which he is acting and has assumed the functions
thereof or, as the case may be, the holder thereof resumes those functions or
until his appointment so to act is revoked by the Governor General, acting as
aforesaid.
89.7
An appointed member shall not, within a period of one year commencing with
the date on which he last held or acted in the office of appointed member, be
eligible for appointment to any office power to make appointments to which is
vested by this Constitution in the Governor General acting on the recommendation
or in accordance with the advice of the Judicial and Legal Service
Commission.
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Establishment and composition of Public Service
Commission
90.1
There shall be a Public Service Commission for Barbados which shall consist
of a Chairman and not less than three nor more than five other members, who
shall be appointed by the Governor General, acting on the recommendation of the
Prime Minister after consultation with the Leader of the Opposition, by
instrument under the Public Seal.
90.2
No person shall be qualified to be appointed as a member of the Public
Service Commission if he is a member of either House or a public
officer.
90.3
Subject to the provisions of subsection (4), the office of a member of the
Public Service Commission shall become vacant.
at the expiration of three years from the date of his appointment or such
earlier time as may be specified in the instrument by which he was
appointed;
-
if he becomes a member of either House or a public
officer.
90.4
The provisions of section 105 (which relate to removal from office) shall
apply to the office of a member of the Public Service Commission, and for the
purposes of subsections (4) and (6) of that section the prescribed authority
shall be the Prime Minister except that, in relation to a member who does not
hold, or is not for the time being acting in, the office of Chairman of the
Commission, the prescribed authority for the purposes of the said subsection (6)
shall be the holder of the office of Chairman.
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90.5
If the office of Chairman of the Public Service Commission is vacant or the
holder thereof is for any reason unable to perform the functions of his office,
then, until a person has been appointed to and has assumed the functions of that
office or until the person holding that office has resumed those functions, as
the case may be, they shall be performed by such one of the other members of the
Commission as may for the time being be designated in that behalf by the
Governor General, acting on the recommendation of the Prime Minister after
consultation with the Leader of the Opposition.
90.6
If the office of a member of the Public Service Commission other than the
Chairman is vacant or the holder thereof is for any reason unable to perform the
functions of his office, the Governor General, acting on the recommendation of
the Prime Minister after consultation with the Leader of the Opposition, may
appoint a person who is qualified for appointment as a member of the Commission
to act in the office of that member; and any person so appointed shall, subject
to the provisions of subsection (3)(b), continue so to act until a person has
been appointed to the office in which he is acting and has assumed the functions
thereof or, as the case may be, the holder thereof resumes those functions or
until his appointment so to act is revoked by the Governor General acting as
aforesaid.
90.7
A member of the Public Service Commission shall not, within a period of one
year commencing with the date on which he last held or acted in that office, be
eligible for appointment to any office power to make appointments to which is
vested by this Constitution in the Governor General acting on the recommendation
or in accordance with the advice of the Public Service
Commission.
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Establishment and composition of Police Service Commission
91.1
There shall be a Police Service Commission for Barbados which shall consist
of a Chairman and not less than two nor more than four other members, who shall
be appointed by the Governor General, acting on the recommendation of the Prime
Minister after consultation with the Leader of the Opposition, by instrument
under the Public Seal.
91.2
No person shall be qualified to be appointed as a member of the Police
Service Commission if he is a member of either House or a public
officer.
91.3
Subject to the provisions of subsection (4), the office of a member of the
Police Service Commission shall become vacant -
-
at the expiration of three years form the date of his appointment or at
such earlier time as may be specified in the instrument by which he was
appointed;
-
if he becomes a member of either House or a public
officer.
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91.4
The provisions of section 105 (which relate to removal from office) shall
apply to the office of a member of the Police Service Commission, and for the
purposes of subsections (4) and (6) of that section the prescribed authority
shall be the Prime Minister except that, in relation to a member who does not
hold, or is not for the time being acting in, the office of Chairman of the
Commission, the prescribed authority for the purposes of the said subsection (6)
shall be the holder of the office of Chairman.
91.5
If the office of Chairman of the Police Service Commission is vacant or the
holder thereof is for any reason unable to perform the functions of his office,
then, until a person has been appointed to and has assumed the functions of that
office or until the person holding that office has resumed those functions, as
the case may be, they shall be performed by such one of the other members of the
Commission as may for the time being be designated in that behalf by the
Governor General, acting on the recommendation of the Prime Minister after
consultation with the Leader of the Opposition.
91.6
If the office of a member of the Police Service Commission other than the
Chairman is vacant or the holder thereof is for any reason unable to perform the
functions thereof, the Governor General, acting on the recommendation of the
Prime Minister after consultation with the Leader of the Opposition, may appoint
a person who is qualified for appointment as a member of the Commission to act
in the office of that member; and any person so appointed shall, subject to the
provisions of subsection (3)(b), continue so to act until a person has been
appointed to the office in which he is acting and has assumed the functions
thereof or, as the case may be, the holder thereof resumes those functions or
until his appointment so to act is revoked by the Governor General, acting as
aforesaid.
91.7
A member of the Police Service Commission shall not, within a period of one
year commencing with the date on which he last held or acted in that office, be
eligible for appointment to any office power to make appointments to which is
vested by this Constitution in the Governor General acting on the recommendation
or in accordance with the advice of the Police Service
Commission.
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Procedure of Commissions
92.1
In relation to any Commission established by this Chapter, the Governor
General, acting in accordance with the advice of the Commission, may by
regulation or otherwise regulate its procedure and, subject to the consent of
the Prime Minister, confer powers and impose duties on any public officer or any
authority of the Government for the purpose of the discharge of the functions of
the Commission.
92.2
At any meeting of any Commission established by this Chapter a quorum shall
be constituted if three members are present; and, if a quorum is present, the
Commission shall not be disqualified for the transaction of business by reason
of any vacancy among its members or the absence of any member and any
proceedings of the Commission shall be valid notwithstanding that some person
who was not entitled so to do tool part therein.
92.3
Any question proposed for decision at any meeting of any Commission
established by this Chapter shall be determined by a majority of the votes of
the members thereof present and voting, and if on any such question the votes
are equally divided the member presiding shall have and exercise a casting
vote.
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