( 2) In this Article "Permanent Secretary"
includes the Secretary of the Cabinet and the Financial Secretary.
110. The
Governor-General acting in accordance with the advice of the Public
Service Commission, may by directions given by instrument under the
Public Seal delegate, to such extent and subject to such conditions as
may be specified in those directions, the powers vested in him by
Article 108 of this Constitution (other than powers to make
appointments to the office referred to in Article 109 of this
Constitution and to remove or exercise disciplinary control over
persons holding or acting in such offices) to such public officers as
may be so specified.
111. (1) Power to appoint persons to
hold or act in the offices to which this Article applies (including
power to make appointments on promotion and transfer and to confirm
appointments) and to remove persons so appointed from any such office
shall vest in the Governor-General, acting in accordance with the
advice of the Prime Minister.
(2) Before tendering any advice for the purposes of
this Article in relation to any person who holds or acts in any public
office other than an office to which this Article applies, the Prime
Minister shall consult the Service Commission which is responsible for
advising in respect of appointments to the office which the person
concerned holds or in which he is acting.
(3) The office to which this Article applies
are the offices of Ambassador, High Commissioner or any other
principal representative of The Bahamas in any of the country or
accredited to any international organization.
112. (1) Power to make appointments
on transfer to the offices to which this Article applies shall vest in
the Prime Minister.
(2)
The offices to which this Article apples are-
(a) offices, the holders of which are required to
reside outside
The Bahamas for the proper discharge of their
functions;
(b) such offices in the Ministry responsible for
the conduct of
the external affairs of The Bahamas as may, from
time to time, be
designated by the Prime Minister.
113. (1) There shall be a Secretary to the
Cabinet whose office shall be a public office.
(2) Power to appoint any person to the office
of Secretary to the Cabinet and to remove such person from that office
shall vest in the Governor-General acting in accordance with the
advice of the Prime Minister.
(3) Before tendering advice for the purposes
of this Article, the Prime Minister shall consult the Public Service
Commission.
(4) The Secretary to the Cabinet shall have
charge of the Cabinet Office and shall be responsible, in accordance
with such instructions as may be given to him by the Prime Minister,
for the supervision of any department of the Government for which the
Prime Minister has responsibility.
Part III
The Public Service Board of Appeal
114. (1) There shall be a
Public Service Board of Appeal for The Bahamas which shall consist of
the following members, who shall be appointed by instrument under the
Public Seal-
(a) one member appointed by the Governor-General acting
in accordance
with the advice of the Chief Justice from among
persons who hold or have
held high judicial office or are qualified to
hold high judicial office, who shall
be Chairman;
(b) one member appointed by the Governor-General
acting in accordance
with the advice of the Prime Minister; and
(c) one member appointed by the Governor-General
acting
in accordance with the advice of the appropriate
representative body.
(2) A person shall not be qualified for
appointment as a member of the Board if he is a member of either
House.
(3) Subject to the provisions of this Article
and of Article 126 of this Constitution, the office of a member of the
Board shall become vacant-
(a) at the expiration of three years from
the date of his appointment;
(b) if he becomes a member of either House.
(4) If at any time any member of the Board is
for any reason unable to exercise the functions of his office, the
Governor-General may appoint a person who is qualified to be appointed
as a member of the Board to act as a member, and any person so
appointed shall, subject to the provisions of sub-paragraph (3)(b) of
this Article and Article 126 of this Constitution, continue to act
until the office in which he is acting has been filled to, as the case
may be, until the holder thereof has resumed his functions or until
his appointment to act has been revoked by the Governor-General.
(5) The Board shall, in the exercise of
its functions under this Constitution, not be subject to the direction
or control of any other person or authority.
(6) In this Article "the
appropriate representative body" means such body representing the
interests of public officers as the Governor-General may, by Order,
designate.
115. (1)
Subject to the provisions of this Article, an appeal shall lie to the
Public Service Board of Appeal at the instance of the officer in
respect of whom the decision is made from any decision of the
Governor-General, acting in accordance with the advice of the Public
Service Commission, that any public officer shall be removed from
office or that any penalty
should be imposed on him by way of disciplinary control.
(2) Upon an appeal under paragraph 81)
of this Article the Board may affirm or set aside the decision
appealed from or may make any other decision which the authority or
person from whom the appeal lies could have made.
(3) Every decision of the Board
shall require the concurrence of a majority of all its members.
(4)
Subject to the provisions of paragraph (3) of this Article, the Board
may be regulations make provision for-
(a) the procedure of the Board;
(b) the procedure in appeals under
this Article;
(c) exceeding from the provisions of
paragraph (1) of this
Article decisions in respect of public
officers holding offices whose
emoluments do not exceed such sum as
may be prescribed or such
decisions to exercise disciplinary control,
other than decisions to
remove from office, as may be prescribed.
(5) Regulations made under this
Article may, with the consent of the Prime Minister, confer powers or
impose duties on any public officer or any authority of the Government
of The Bahamas for the purpose of the exercise of the functions of the
Board.
(6) The Board may, subject to the
provisions of this Article and to its rules of procedure, act
notwithstanding any vacancy in its membership or the absence of any
member.
Part IV
The Judicial and Legal Service Commission
116. (1)
There shall be a Judicial and Legal Service Commission for The
Bahamas.
(2) The members of the Judicial and
Legal Service Commission shall be-
(a) the Chief Justice, who shall
be Chairmen;
(b) such other Justice of the
Supreme Court or Justice of Appeal
as may be designated by the
Governor-General, acting on
the recommendation of the Chief
Justice, by instrument under the
Public Seal;
(c) the Chairman of the Public
Service Commission; and
(d) two persons 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.
(3) Subject to the provisions of Article 126 of this
Constitution, the office of a member of the Judicial and Legal Service
Commission referred to in sub-paragraph (2)(d) of this Article shall
become vacant-
(a) at the expiration of
three years form the date of his
appointment or such earlier time
as may be specified in the
instrument by which he was appointed;
(b) if he becomes a
member of either House.
(4) A person shall not be qualified to
be appointed as a member of the Commission under subparagraph (2) (b)
of this Article unless he holds or is qualified to hold or has held
high judicial office; and a person shall be disqualified for
appointment as such if he is a member of either House.
(5) If the office of Chairman of the
Judicial and Legal 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 faction 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 Chief Justice, or, if the is for
any reason incapacitated from making a recommendation, of the other
Justice of the Supreme Court or Justice of Appeal who is a member of
the Commission.
-
-
(6) If at any time one of the members
of the Commission referred to in sub-paragraphs (2)(b), (c) or (d)
of this Article is for any reason unable to exercise the function of
his office, the Governor-General, in the case of the Chairman of the
Public Service Commission, may appoint another member of the Public
Service Commission to act as a member, and in the case of a member
referred to in sub-paragraphs (2)(b) or (d) of this Article may,
acting on the same recommendation as for the appointment of that
members, appoint a person who is qualified to be appointed as a
member of the Commission to act as a member. Any person so appointed
shall, subject to the provisions of sub-paragraph (3)(b) of this
Article and Article 126 of this Constitution, as the case may be,
until the holder thereof has resumed his functions or until his
appointment to act has been revoked by the
Governor-General, acting
as aforesaid.
-
- 117.
(1)
Subject to the provisions of this Constitution, power to make
appointments to public offices to which this Article applies and to
remove and to exercise disciplinary control over persons holding or
acting in such officer is hereby vested in the Governor-General
acting in accordance with the advice of the Judicial and Legal
Service Commission.
-
-
(2) This Article applies to such public
offices for appointment to which persons are required to posses
legal qualifications as may be prescribed by Parliament.
Part V
The Police Service Commission
- 118.
(1) There shall be a Police
Service Commission for the Bahamas which shall consist of Chairman
and two other members 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 Article 126 of this Constitution, the office of a member of the
Police Service Commission shall become vacant-
-
-
(a) 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;
-
-
(b) if he becomes a member of either
House or a public officer.
-
-
(4) If the office of Chairman of the Police
Service Commission is vacant or the holder thereof is for any reason
unable to perform the function 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.
-
-
(5) 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 appointments 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 sub-paragraph (3)(b) of this Article and
Article 126 of this Constitution, 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.
-
- 119. (1) Power to make appointments to the
office of Commissioner of Police and Deputy Commissioner of Police shall
be vested in the Governor-General acting on the recommendation of the
Prime Minister after consultation with the Leader of the Opposition.
-
-
(2) Save as provided under paragraph (1) of
this Article power to make appointments to offices in the Police Force
of or above the rank of Assistant Commissioner of Police is vested in
the Governor-General acting on the recommendation of the Prime Minister
after consultation with the Police Service Commission.
-
-
(3) Save as provided in the preceding
paragraphs of this Article, power to make appointments to offices in the
Police Force of or above the rank of Inspector is vested in the
Governor-General, acting on the advice of the Police Service Commission.
-
-
(4) There shall be in the Police Force
such number of Police Promotion Boards, each consisting of officers in
the Police Force above the rank of Inspector, as may be prescribed by
regulations made under this paragraph.
-
-
(5) Power to make appointments to
offices in the Police Force below the rank of Inspector shall be vested
in the Commissioner of Police acting after consultation with a Police
Promotion Board.
-
-
(6) Power to make posting and
appointments on transfer within the Police Force of officers in that
Force shall be vested in the Commissioner of Police.
-
- 120. (1) The
Commissioner of Police and Deputy Commissioner of Police may be removed
from office by the Governor-General but shall not be removed except in
accordance with the provisions of paragraph (2) of this Article.
-
-
(2) The Commissioner of Police or Deputy
Commissioner of Police 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 paragraph (3) of this Article and
the tribunal has recommended to the Governor-General that he ought to be
removed from office.
-
-
(3) If the Prime Minister represented to
the Governor-General that the question of removing the Commissioner of
Police or Deputy Commissioner or Police from office ought to be
investigated, then-
-
-
(a) the Governor-General acting
in accordance with the advice
-
of the Prime Minister shall suspend
the Commissioner of Police
-
or Deputy Commissioner of Police from
performing the functions
-
of his office, as the case may be;
-
-
(b) 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 Judicial and Legal Service Commission,
from among
- persons who hold or have held or are eligible to hold high
judicial
-
office; and
-
-
(c) the tribunal shall inquire
into the matter and report on the
- facts thereof to the
Governor-General whether the Commissioner
- of Police or Deputy
Commissioner of Police ought to be removed
-
from office.
-
-
(4) If the question of removing the Commissioner of Police or Deputy
Commissioner of Police from office has been referred to a tribunal under
paragraph (3) of this Article, the Governor-General shall revoke any
such suspension if the tribunal recommends to the Governor-General that
the Commissioner of Police or Deputy Commissioner of Police should not
be removed from office.
-
- 121. (1) Save as provided under Article
120 of this Constitution, power to remove and to exercise disciplinary
control over persons holding or acting in the office of or above the
rank of Assistant Commissioner in the Police Force is vested in the
Governor-General acting in accordance with the advice of the Police
Service Commission after consultation with the Prime Minister.
-
-
(2) Save as provided in Article 120 of this
Constitution and paragraphs (1) and (3) of this Article, power to remove
and exercise disciplinary control over persons holding or acting in
office in the Police Force is vested in the Governor-General acting in
accordance with the advice of the Police Service Commission.
-
- (3) The following powers are vested in the
Commissioner of Police-
-
-
(a) in respect of officer of or above
the rank of Assistant
- Superintendent, the power to administer
reprimands;
-
-
(b) in respect of Inspector, the
power to exercise disciplinary
- control other than removal or
reduction in rank; and
-
-
(c) in respect of officers below the
rank of Inspector, the power
- to exercise disciplinary control
including the power of removal.
-
-
(4) The Commissioner of Police may, by
directions in writing, and subject to such conditions as he thinks fit,
delegate to any officers of the Police Force of or above the rank of
Inspector any of his powers under sub-paragraph (3)(c) of this Article
other than the power of removal; but an appeal from any award of
punishment by such officer shall lie to the Commissioner.
-
-
(5) Parliament may by law provide that an
appeal shall lie to the Governor-General from a decision of the
Commissioner of Police to remove or exercise disciplinary control over
persons holding or acting in offices in the Police Force in such cases
as may be prescribed by such law, and in determining any such appeal the
Governor-General shall act in accordance with the advice of the Police
Service Commission.
-
- Part VI
- Pensions
-
- 122. (1) Subject to the provisions
of Articles 123 and 124 of this Constitution, the law applicable to the
grant and payment to any officer, or to his widow, children, dependents
or personal representatives, of any pensions, compensation, gratuity or
other like allowance (in this 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 tat is not less favorable to that person.
-
-
(2) In paragraph (1) of this Article
"the relevant date" means-
-
-
(a) in relation to an
award granted before 10th July 1973, the date
- on which the award
was granted;
-
-
(b) in relation to an
award granted or to be granted on or after