The Public Service

CHAPTER VIII THE PUBLIC SERVICE

PART 1 THE SERVICES COMMISSIONS

90.  Establishment and composition of Judicial and legal Service Commission

1. There shall be a Judicial and Legal Service Commission for Barbados which shall consist of the following persons-
  1. the Chief Justice, who shall be Chairman;
  2. 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;
  3. three other members (hereinafter called "the appointed members") appointed in accordance with the provisions of subsection (2).
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.

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.

4. Subject to the provisions of subsection (5), the office of an appointed member shall become vacant -
  1. 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;
  2. 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.
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.

6. 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.

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.

91. Establishment and composition of Public Service Commission

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.

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.

3. Subject to the provisions of subsection (4), the office of a member of the Public Service Commission shall become vacant -
  1. 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;
  2. if he becomes a member of either House or a public officer.
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.

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.

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.

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.

92. Establishment and composition of Police Service Commission

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.

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.

3. Subject to the provisions of subsection (4), the office of a member of the Police Service Commission shall become vacant -
  1. 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;
  2. if he becomes a member of either House or a public officer.
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.

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.

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.

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.

93. Procedure of Commissions

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.

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.

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.

PART 2 APPOINTMENT, REMOVAL AND DISCIPLINE OF PUBLIC OFFICERS

94. Appointment, etc., of judicial and legal officers

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.

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.

95. Appointment, etc., of public officers

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.

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.

3. The provisions of this section shall not apply in relation to -
  1. the office of any member of the Governor General's personal staff;
  2. any office to which section 92 applies;
  3. any office in the Police Force;
  4. any office to which section 100 applies;
  5. the office of the Director of Public Prosecutions; and
  6. the office of the Auditor General.

96. Delegation of powers under section 94

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.

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.

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 such action in respect of the officer as the Public Service Commission may advise.

97. Appointment, etc., of members of the Police Force

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.

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.

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.

98. Delegation of powers under section 96

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.

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.

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.

99. Appeals to privy Council in disciplinary matters

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.

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.

100. Appointment of permanent secretaries and certain other public officers

1. Notwithstanding anything contained in the preceding provisions of this Chapter -
  1. 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
  2. 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.
2. This section applies to the offices of Secretary to the Cabinet, permanent secretary, Commissioner of Police, Chief Establishments Officer and Chief Personnel Officer.

3. In this section -
"appropriate Service Commission" means -
  1. in relation to any office of Commissioner of Police, the Police Service Commission;
  2. 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
  3. 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.
101. Appointment, etc., of principal representatives abroad and subordinate staff

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.

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.

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.

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.

5. In this section -
"appropriate Service Commission" means -
  1. in relation to a person who holds an office in the Police Force, the Police Service Commission;
  2. 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
  3. in relation to any other person, the Public Service Commission;
  4. "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.

102. Appointment, etc., of Director of Public Prosecutions

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.

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.

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.

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.

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.

103. Appointment, etc., of Auditor General

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.

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.

3. Subject to the provisions of subsection (4), the Auditor General shall vacate office when he attains the age of sixty two years.

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.

PART 3 PENSIONS

104. Protection of pension rights

1. Subject to the provisions of section 104, the law applicable to the grant and payment to any officer, or to his window, children, dependants or personal representatives, of any pension, compensation, gratuity or other like allowance (in this section and section 104 referred to as an "award") in respect of the service of that officer in a public office shall be that in force on the relevant date or any later law that is not less favorable to that person.

2. In subsection (1) "the relevant date" means -
  1. in relation to an award granted before 30th November 1966, the date on which the award was granted;
  2. in relation to an award granted or to be granted on or after 30th November 1966 to or in respect of any person who was a public officer before that date, 29th November 1966;
  3. in relation to an award granted or to be granted to or in respect of any person who becomes a public officer on or after 30th November 1966, the date on which he becomes a public officer.
3. Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this section, be deemed to be more favorable to him than the other law or laws.

4. Awards granted under any law in respect of service in a public office (not being awards that are a charge upon some other public fund of Barbados) are hereby charged on the Consolidated Fund.

5. For the purposes of this section and of section 104, service as a Judge shall be deemed to be service in the public service.

105. Grant and withholding of pensions, etc.

1. The power to grant any award under any pensions law for the time being in force in Barbados (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the Governor General.

2. Subject to the provisions of subsections (5) and (6), the power vested in the Governor General by subsection (1) shall be exercised by him on the recommendation of the appropriate Service Commission.

3. The appropriate Service Commission shall not recommend to the Governor General that any award for which a person who holds or has held the office of a Judge, Director of Public Prosecutions or Auditor General is eligible shall not be granted, or that any award payable to him shall be withheld, reduced in amount or suspended, on the ground that he has been guilty of misbehavior unless he has been removed from office by reason of such misbehavior.

4. In this section "the appropriate Service Commission" means -
  1. in the case of an award that may be granted or is payable to a person who, having been a public office, was immediately before the date on which he ceased to hold public office serving -
  2. as a Judge;
  3. as the Director of Public Prosecutions;
  4. in 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 or the date of the exercise of the power vested as aforesaid the Judicial and Legal Service Commission.
  5. in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office, serving as a member of the Police Force, the Police Service Commission.
  6. in any other case the Public Service Commission.
5. Where the appropriate Service Commission makes a recommendation to the Governor General under this section that any award that may be granted under any pensions law in respect of the service in a public office of any person should not be granted, or that any award payable under any such law in respect of such service should be withheld, reduced in amount or suspended, the Governor General shall inform the person concerned or his personal representatives of that recommendation, and if that person then applies, or, as the case may be, his personal representatives then apply, for the case to be referred to the Privy Council, the Governor General shall refer the case to the Privy Council accordingly.

6. When a reference is made to the Privy Council under the provisions of subsection (5), the Privy Council shall consider the case and shall advise the Governor General whether the recommendation of the appropriate Service Commission should be affirmed, reversed or modified, and the Governor General shall then act in accordance with that advice.

7. In this section "pensions law" means any law relating to the grant to any person or to the widow, children, dependants or personal representatives of that person, of an award for any pension, compensation, gratuity or other like allowance in respect of the service of that person in a public office.

PART 4 MISCELLANEOUS

106. Removal from office of certain persons

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 there from 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.

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.

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.

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
  1. 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
  2. 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.
5. The provisions of the Second Schedule shall apply to tribunals appointed under this section.

6. If the question of removing the officer from office has been referred to a tribunal under this section, the Governor General, acting in accordance with the advice of the prescribed authority, may suspend the officer from performing the functions of his office, and any such suspension may at any time be revoked by the Governor General, acting as aforesaid, and shall in any case cease to have effect if the tribunal advises the Governor General that the officer should not be removed from office.

107. Protection of Commissions, etc., from legal proceedings

The question whether -
  1. any Commission established by this Chapter has validly performed any function vested in it by or under this Chapter:
  2. 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
  3. 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.