Removal from office of certain persons
105.1
Where it is provided in this Chapter that this section shall apply to any
office, a person holding such office (in this section referred to as "the
officer") shall not be removed therefrom or suspended from the exercise of the
functions thereof except in accordance with the provisions of this section; and
the prescribed authority for the purposes of subsection (4) or subsection (6)
shall, in relation to any office, be the authority prescribed for that purpose
by the provision for this Chapter by which this section is applied to that
office.
105.2
The officer may be removed from office only for inability to discharge the
functions of his office (whether arising from infirmity of body or mind or any
other cause) or for misbehavior.
105.3
The officer shall be removed from office by the Governor General if the
question of his removal from office has been referred to a tribunal appointed
under this section and the tribunal has advised the Governor General that he
ought to be removed from office for inability as aforesaid or for
misbehavior.
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105.4
If the prescribed authority advises the Governor General that the question of
removing the officer from office under this section ought to be investigated,
then -
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the Governor General shall appoint a tribunal which shall consist of a
Chairman and not less than two other members, selected by the Governor General
acting in accordance with the advice of the Chief Justice, from among persons
who hold or have held office as a judge 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 or have been
entitled to practice in Barbados as barristers or solicitors for not less than
ten years; and
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that tribunal shall enquire into the matter and report on the facts thereof
to the Governor General and advise the Governor General whether the officer
ought to be removed from office for inability as aforesaid or for
misbehavior.
105.5
The provisions of the Second Schedule shall apply to tribunals appointed
under this section.
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Protection of Commissions, etc., from legal proceedings
106.
The question whether -
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any Commission established by this Chapter has validly performed any
function vested in it by or under this Chapter:
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any person has validly performed any function delegated to him in pursuance
of the provisions of section 95 or, as the case may be, of section 97; 04
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any member of such a Commission or any other person or authority has
validly performed any other function in relation to the work of the Commission
or in relation to any such function as is referred to in paragraph
(b),
shall not be enquired into in any court.
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