Appointment, etc., of judicial and legal officers
93.1
Subject to the provisions of this Constitution, power to make appointments to
the offices to which this section applies and to remove and to exercise
disciplinary control over persons holding or acting in such offices is hereby
vested in the Governor General, acting in accordance with the advice of the
Judicial and Legal Service Commission.
93.2
This section applies to such public offices (other than the office of the
Director of Public Prosecutions) for appointment to which persons are required
to possess legal qualifications as may be prescribed by
Parliament.
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Appointment, etc., of public officers
94.1
Subject to the provisions of this Constitution, power to make appointments to
public offices and to remove and to exercise disciplinary control over persons
holding or acting in such offices is hereby vested in the Governor General,
acting in accordance with the advice of the Public Service
Commission.
94.2
Before the Public Service Commission advises the appointment to any public
office of any person holding or acting in any office power to make appointments
to which is vested by this Constitution in the Governor General, acting in
accordance with the advice of the Judicial and Legal Service Commission or the
Police Service Commission, it shall consult the Judicial and Legal Service
Commission or the Police Service Commission, as the case may
be.
94.3
The provisions of this section shall not apply in relation to -
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the office of any member of the Governor General's personal staff;
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any office to which section 92 applies;
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any office in the Police Force;
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any office to which section 100 applies;
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the office of the Director of Public Prosecutions; and
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the office of the Auditor General.
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Delegation of powers under section 94
95.1
The Governor General, acting in accordance with the advice of the Public
Service Commission, may by instrument under the Public Seal direct that, to such
extent and subject to such conditions as may be specified in that instrument,
the powers, other than the power to remove from office, vested in him by section
94(1), shall (without prejudice to the exercise of such powers by the Governor
General under that section) be exercisable by such one or more members of the
Public Service Commission or by such public officer as may be so
specified.
95.2
In any case where an appointment is to be made by virtue of an instrument
made under this section and the person to be appointed holds or is acting in any
office power to make appointments to which is vested in the Governor General,
acting in accordance with the advice of the Judicial and Legal Service
Commission or the Police Service Commission, the person empowered by the said
instrument to make the appointment shall consult the Judicial and Legal Service
Commission or the Police Service Commission, as the case may be, before making
the appointment.
95.3
Where the power to exercise disciplinary control over any officer has been
exercised by virtue of an instrument made under this section, the officer in
respect of whom it was so exercised may apply for the case to be referred to the
Governor General and thereupon the disciplinary action taken shall cease to have
effect except in so far as it may have included the suspension of the officer
from performing the functions of his office and the case shall be referred to
the Governor General shall then take.
95.3
such action in respect of the officer as the Public Service Commission may
advise.
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Appointment, etc., of members of the Police Force
96.1
Subject to the provisions of this Constitution, power to make appointments to
offices in the Police Force and to remove and to exercise disciplinary control
over persons holding or acting in such offices, is hereby vested in the Governor
General, acting in accordance with the advice of the Police Service
Commission.
96.2
Before the Police Service Commission advises the appointment to any office in
the Police Force of any person holding or acting in any office power to make
appointments to which is vested by this Constitution in the Governor General,
acting in accordance with the advice of the Judicial and Legal Service
Commission or the Public Service Commission, it shall consult the Judicial and
Legal Service Commission or the Police Service Commission, as the case may be,
before making the appointment.
96.3
Where the power to exercise disciplinary control over any officer has been
exercised by virtue of an instrument made under this section, the officer in
respect of whom it was so exercised may apply for the case to be referred to the
Governor General and thereupon the disciplinary action taken shall cease to have
effect except in so far as it may have included the suspension of the officer
from performing the functions of his office and the case shall be referred to
the Governor General accordingly; and, subject to the provisions of section 98,
the Governor General shall then take such action in respect of the officer as
the Public Service Commission may advise.
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Delegation of powers under section 96
97.1
The Governor General, acting in accordance with the advice of the Police
Service Commission, may by instrument under the Public Seal direct that, to such
extent and subject to such conditions as may be specified in that instrument,
the powers, other than the power to remove from office, vested in him by section
96(1) in relation to offices in the Police Force below the rank of Inspector
shall (without prejudice to the exercise for such powers by the Governor General
under that section) be exercisable by such one or more members of the Police
Service Commission or by such officers in the Police Force not below the rank of
Superintendent as may be so specified.
97.2
In any case where an appointment is to be made by virtue of an instrument
made under this section and the person to be appointed holds or is acting in any
office power to make appointments to which is vested in the Governor General,
acting in accordance with the advice of the Judicial and Legal Service
Commission or the Public Service Commission, the person empowered by the said
instrument to make the appointment shall consult the Judicial and Legal Service
Commission or the Public Service Commission, as the case may be, before making
the appointment.
97.3
Where the power to exercise disciplinary control over any member of the
Police Force has been exercised by virtue of an instrument made under this
section, the member of the Police Force in respect of whom it was so exercised
may apply for the case to be referred to the Governor General and thereupon the
disciplinary action taken shall cease to have effect except in so far as it may
have included the suspension of the member from performing the functions of his
office and the case shall be referred to the Governor General accordingly; and,
subject to the provisions of section 98, the Governor General shall then take
such action in respect of that member of the Police force as the Police Service
Commission may advise.
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Appeals to privy Council in disciplinary matters
98.1
Before the Governor General acts in accordance with the advice of any
Commission established by this Chapter that any public officer shall be removed
from office or that any penalty should be imposed on him by way of disciplinary
control, he shall inform the officer of that advice and if the officer then
applies for the case to be referred to the Privy Council, the Governor General
shall not act in accordance with that advice but shall refer the case to the
privy Council accordingly:
Provided that the Governor General acting in accordance with the advice of
the Commission, may nevertheless suspend that officer from performing the
functions of his office pending the determination of the reference to the privy
Council.
98.2
When a reference is made to the privy Council under the provisions of
subsection (1), the privy Council shall consider the case and shall advise the
Governor General what action should be taken in respect of the officer, and the
Governor General shall then act in accordance with such advice.
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Appointment of permanent secretaries and certain other public officers
99.1
Notwithstanding anything contained in the preceding provisions of this
Chapter -
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except as provided in paragraph (b), power to make appointments to the
offices to which this section applies is hereby vested in the Governor
General, acting on the recommendation of the appropriate Service Commission
made after that Commission has consulted the Prime Minister; and
-
power to make appointments to the office of a permanent secretary on
transfer from another such office carrying the same salary is hereby vested in
the Governor General, acting on the recommendation of the Prime
Minister.
99.2
This section applies to the offices of Secretary to the Cabinet, permanent
secretary, Commissioner of Police, Chief Establishments Officer and Chief
Personnel Officer.
99.3
In this section -
"appropriate Service Commission" means -
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in relation to any office f Commissioner of Police, the Police Service
Commission;
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in relation to any office to which section 93 applies as respects power to
remove and exercise disciplinary control over any person holding or acting in
that office, the Judicial and Legal Service Commission; and
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in relation to any other office, the Public Service Commission; "permanent
secretary" means the public officer (whether or not styled permanent
secretary) who, subject to the general direction and control of a minister,
supervises any department of the Government, and, without prejudice to the
generality of the foregoing definition, includes the Financial Secretary and
the Solicitor General.
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Appointment, etc., of principal representatives abroad and subordinate staff
100.1
Power to make appointments to the offices to which this section applies and
to remove persons holding or acting in such offices shall vest in the Governor
General, acting in accordance with the advice of the Prime
Minister.
100.2
Before tendering advice for the purposes of this section in relation to any
person who holds any public office other than an office to which this section
applies, the Prime Minister shall consult the appropriate Service
Commission.
100.3
This section applies to the office of Ambassador, High Commissioner or other
principal representative of Barbados in any other country or accredited to any
international organization.
100.4
Before the Judicial and Legal Service Commission or the Public Service
Commission advises the Governor General under section 93 or, as the case may be,
section 94 to appoint any person to any subordinate overseas office, the
Commission shall consult the permanent secretary (as defined in section 99(3))
of the department responsible for the external affairs of
Barbados.
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100.5
In this section -
"appropriate Service Commission" means -
-
in relation to a person who holds an office in the Police Force, the Police
Service Commission;
-
in relation to a person who holds an office to which section 93 applies as
respects power to remove and exercise disciplinary control over any person
holding or acting in that office, the Judicial and Legal Service Commission;
and
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in relation to any other person, the Public Service Commission;
"subordinate overseas office" means an office on the staff of any officer
mentioned in subsection (3) which is pensionable for the purposes of any law
providing for the grant of pensions in respect of service in the public
service.
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Appointment, etc., of Director of Public Prosecutions
101.1
The Director of Public Prosecutions (in this section referred to as "the
Director") shall be appointed by the Governor General, acting on the
recommendation of the Judicial and Legal Service Commission, by instrument under
the Public Seal.
101.2
A person shall not be qualified to hold or to act in the office of Director
unless he is qualified for appointment as a Judge.
101.3
If the office of the Director is vacant or if the holder thereof is for any
reason unable to perform the functions thereof, the Governor General, acting on
the recommendation of the Judicial and Legal Service Commission, may appoint a
person to act in the office of the Director; and any person so appointed shall,
subject to the provisions of subsection (4), continue so to act until a person
has been appointed to the office of the Director and has assumed the functions
of that office or, as the case may be, the holder thereof has resumed those
functions or until his appointment so to act is revoked by the Governor General,
acting as aforesaid.
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101.4
Subject to the provisions of subsection (5), the Director shall vacate office
when he attains the age of sixty two years:
Provided that the Governor General acting on the recommendation of the
Judicial and Legal Service Commission, may permit a Director who has attained
the age of sixty two years to continue in office until he has attained such
later age, not exceeding sixty five years, as may have been agreed between the
Governor General and the Director.
101.5
The provisions of section 105 (which relate to removal form office) shall
apply to the office of the Director, and the prescribed authority for the
purposes of subsections (4) and (6) of that section shall be the Judicial and
Legal Service Commission.
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Appointment, etc., of Auditor General
102.1
The Auditor General shall be appointed by the Governor General, by instrument
under the Public Seal, acting on the recommendation of the Public Service
Commission made after the Commission has consulted the Prime
Minister.
102.2
If the office of Auditor General 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 Public Service Commission made after the Commission
has consulted the Prime Minister, may appoint a person to act in the office of
Auditor General; and any person so appointed shall, subject to the provisions of
subsection (3), continue so to act until a person has been appointed to the
office of Auditor General and has assumed the functions of that office or, as
the case may be, the holder thereof has resumed those functions or until his
appointment so to act is revoked by the Governor General acting as
aforesaid.
102.3
Subject to the provisions of subsection (4), the Auditor General shall vacate
office when he attains the age of sixty two years.
102.4
The provisions of section 105 (which relate to removal from office) shall
apply to the office of Auditor General, and the prescribed authority for the
purposes of subsection (4) of that section shall be the Prime Minister or the
Chairman of the Public Service Commission and for the purposes of subsection (6)
of that section shall be the Public Service Commission.
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