Constitution of The Bahamas

ContentsChapter VIII. The Public ServicePart V. The Police Service Commission

Article 118. Establishment and composition of the Police Service CommissionThe Police Service Commission

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118.

In briefCreates a three-member Police Service Commission, sets who may serve and for how long, and who stands in when the Chairman or a member cannot act.

(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.

There must be a Police Service Commission for The Bahamas, made up of a Chairman and two 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 consultation with the Leader of the Opposition.

(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.

A person cannot be appointed as a member of the Police 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 Police Service Commission shall become vacant-

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

(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;

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 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.

If the office of Chairman of the Police 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 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 pension rights. 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 Police 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.

Establishment and composition of the Police Service CommissionThe Police Service Commission

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