Constitution of The Bahamas

ContentsChapter VIII. The Public ServicePart I. The Public Service Commission

Article 107. Establishment and composition of Public Service CommissionThe Public Service Commission and its members

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107.

In briefCreates the Public Service Commission of a Chairman and two to four members, and sets who may serve, for how long, and who stands in for them.

(1)

There shall be a Public Service Commission for The Bahamas 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.

There must be a Public Service Commission for The Bahamas. It is made up of a Chairman and at least two but no more than four other members. The Governor-General appoints them by instrument under the Public Seal (a formal written document sealed with the official seal of The Bahamas), acting on the recommendation of the Prime Minister after the Prime Minister has consulted the Leader of the Opposition.

(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.

A person cannot be appointed as a member of the Public Service Commission if they are a member of either House of Parliament or a public officer (a person holding a paid post in the Government's service).

(3)

Subject to the provisions of Article 126 of this Constitution the office of a member of the Public Service Commission shall become vacant-

Subject to Article 126 of this Constitution, a member of the Public Service Commission loses their seat:

(a)

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;

three years after the date of their appointment, or at an earlier time if the document appointing them says so;

(b)

if he becomes a member of either House or a public officer.

if they become a member of either House or a public officer.

(4)

If the office of Chairman of the Public 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 function 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.

If the office of Chairman of the Public Service Commission is vacant, or the Chairman is for any reason unable to carry out the duties of the office, one of the other members of the Commission carries out those duties in the meantime. That member is chosen for the time being by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. The arrangement lasts until someone has been appointed Chairman and has taken up the duties, or until the Chairman is able to resume them, as the case may be.

(5)

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 f that member; and any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) for 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.

If the office of a member of the Public Service Commission other than the Chairman is vacant, or that member is for any reason unable to carry out the duties of the office, the Governor-General may appoint a person who is qualified to be a member of the Commission to act in that member's place. The Governor-General does this on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Subject to sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, the acting member continues to act until someone has been appointed to the office and has taken up its duties, or until the holder of the office resumes those duties, as the case may be, or until the Governor-General, acting in the same way, revokes the acting appointment.

(6)

A former member of the Public Service Commission shall not, within a period of five years 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.

For five years from the date on which a former member of the Public Service Commission last held or acted in that office, they cannot be appointed to any office where this Constitution gives the power of appointment to the Governor-General acting on the recommendation or in accordance with the advice of the Public Service Commission.

Establishment and composition of Public Service CommissionThe Public Service Commission and its members

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