ContentsChapter VIII

The Public Service

Articles 107 to 127, in 7 parts

Official text. Hover or tap any paragraph for its plain-English version.Plain-language edition, an unofficial restatement. Hover or tap any paragraph for the official wording, which alone has legal effect.

Articles in this chapter

Part IThe Public Service Commission

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

Part IIAppointments etc., of public officers

108.

In briefGives the Governor-General, acting on the advice of the Public Service Commission, the power to appoint, remove and discipline public officers.

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.

Subject to the other provisions of this Constitution, the power to appoint people to public offices (paid posts in the Government's service), to remove them, and to discipline anyone holding or acting in such an office belongs to the Governor-General, acting in accordance with the advice of the Public Service Commission.

Appointments, etc. of public officersWho appoints and disciplines public officers

109.

In briefSets special rules for appointing Permanent Secretaries, Heads of Departments and posts of similar standing, with the Prime Minister consulted or advising.

(1)

Notwithstanding anything contained in the preceding Article of this Chapter-

Despite anything in the preceding Article of this Chapter (Article 108):

(a)

power to make appointments to the office of Permanent Secretary or Head of a Department of Government (or to be the holder of any such other office of similar status as the Governor-General may, acting in accordance with the advice of the Prime Minister specify by notice in the Gazette) is hereby vested in the Governor- General acting on the recommendation f the Public Service Commission after the Commission has consulted the Prime Minister;

the power to appoint a person as Permanent Secretary or Head of a Department of Government (or to any other office of similar standing that the Governor-General, acting in accordance with the advice of the Prime Minister, names by notice in the Gazette, the Government's official newspaper) belongs to the Governor-General, acting on the recommendation of the Public Service Commission after the Commission has consulted the Prime Minister;

(b)

power to make appointments to the office of Permanent Secretary on transfer from another such office carrying the same salary is hereby vested in the Governor-General acting on the advice of the Prime Minister.

the power to appoint a person as Permanent Secretary by transferring them from another Permanent Secretary post with the same salary belongs to the Governor-General, acting on the advice of the Prime Minister.

(2)

In this Article "Permanent Secretary" includes the Secretary of the Cabinet and the Financial Secretary.

Appointments of Permanent Secretaries and certain other public officersAppointing Permanent Secretaries and heads of departments

110.

In briefLets the Governor-General, on the Public Service Commission's advice, pass some Article 108 powers to named public officers, except for the senior posts in Article 109.

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.

The Governor-General, acting in accordance with the advice of the Public Service Commission, may delegate (pass on) the powers given to him by Article 108 of this Constitution to the public officers named in directions issued by instrument under the Public Seal (a formal written document sealed with the official seal of The Bahamas). The directions may limit how far the powers are delegated and may set conditions. The Governor-General cannot delegate the power to appoint people to the offices referred to in Article 109 of this Constitution, or the power to remove or discipline people holding or acting in those offices.

Delegation of Governor-General's powersGovernor-General may delegate appointment powers

111.

In briefGives the Governor-General, on the Prime Minister's advice, the power to appoint and remove ambassadors, high commissioners and other principal representatives abroad.

(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.

The power to appoint people to hold or act in the offices this Article applies to (including appointments by promotion or transfer, and confirming appointments), and to remove people appointed to those offices, belongs to 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.

Before giving any advice under this Article about a person who holds or is acting in a public office (a paid post in the Government's service) other than one this Article applies to, the Prime Minister must consult the Service Commission that is responsible for advising on appointments to the office that the person holds or is acting in.

(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.

This Article applies to the offices of Ambassador, High Commissioner and any other principal representative of The Bahamas in any other country or accredited to any international organisation.

Appointments, etc. of principal representatives of The Bahamas abroadAppointing ambassadors and other representatives abroad

112.

In briefGives the Prime Minister the power to make appointments by transfer to posts held outside The Bahamas and to designated posts in the foreign affairs Ministry.

(1)

Power to make appointments on transfer to the offices to which this Article applies shall vest in the Prime Minister.

The power to make appointments by transfer to the offices this Article applies to belongs to the Prime Minister.

(2)

The offices to which this Article apples are-

This Article applies to:

(a)

offices, the holders of which are required to reside outside The Bahamas for the proper discharge of their functions;

offices whose holders must live outside The Bahamas to carry out their duties properly;

(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.

offices in the Ministry responsible for The Bahamas' external affairs (relations with other countries) that the Prime Minister designates from time to time.

Appointments on transfer in respect of certain officesTransfers to overseas and foreign affairs posts

113.

In briefCreates the public office of Secretary to the Cabinet, appointed and removed by the Governor-General on the Prime Minister's advice after consulting the Public Service Commission.

(1)

There shall be a Secretary to the Cabinet whose office shall be a public office.

There must be a Secretary to the Cabinet, whose office is a public office (a paid post in the Government's service).

(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.

The power to appoint a person as Secretary to the Cabinet, and to remove that person from the office, belongs to 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.

Before giving advice under this Article, the Prime Minister must 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.

The Secretary to the Cabinet is in charge of the Cabinet Office. Following any instructions the Prime Minister gives, the Secretary is also responsible for supervising any Government department that the Prime Minister is responsible for.

Appointment of Secretary to the CabinetThe Secretary to the Cabinet

Part IIIThe Public Service Board of Appeal

114.

In briefCreates a three-member Public Service Board of Appeal, sets who may serve and for how long, and makes it independent of outside direction.

(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-

There must be a Public Service Board of Appeal for The Bahamas. Its members are appointed by instrument under the Public Seal (a formal written document sealed with the official seal of The Bahamas) and are:

(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;

one member appointed by the Governor-General, acting in accordance with the advice of the Chief Justice, from among people who hold or have held high judicial office (a senior judge's post) or are qualified to hold it. This member is the Chairman;

(b)

one member appointed by the Governor-General acting in accordance with the advice of the Prime Minister; and

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.

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.

A person cannot be appointed as a member of the Board if they are a member of either House of Parliament.

(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-

Subject to this Article and to Article 126 of this Constitution, a member of the Board loses their seat:

(a)

at the expiration of three years from the date of his appointment;

three years after the date of their appointment;

(b)

if he becomes a member of either House.

if they become 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, Establishment 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.

If at any time a member of the Board 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 Board to act as a member. Subject to sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, the acting member continues to act until the office has been filled or, as the case may be, until the holder of the office resumes their duties, or until the Governor-General revokes the acting appointment.

(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.

In carrying out its functions under this Constitution, the Board is not 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.

In this Article "the appropriate representative body" means the body representing the interests of public officers that the Governor-General designates by Order.

Public Service Board of AppealThe Public Service Board of Appeal

115.

In briefLets a public officer appeal to the Public Service Board of Appeal against removal or a disciplinary penalty, and sets how the Board decides and makes rules.

(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.

Subject to this Article, a public officer (a person holding a paid post in the Government's service) may appeal to the Public Service Board of Appeal against any decision of the Governor-General, acting in accordance with the advice of the Public Service Commission, that the officer is to be removed from office or is to have a penalty imposed on them as a disciplinary measure. The appeal is brought by the officer the decision concerns.

(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.

On an appeal under paragraph (1) of this Article, the Board may confirm or set aside the decision appealed against, or may make any other decision that the authority or person who made the original decision could have made.

(3)

Every decision of the Board shall require the concurrence of a majority of all its members.

Every decision of the Board needs the agreement 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-

Subject to paragraph (3) of this Article, the Board may make regulations providing for:

(a)

the procedure of the Board;

the Board's procedure;

(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.

excluding from paragraph (1) of this Article decisions about public officers whose pay does not exceed a prescribed amount, or prescribed kinds of disciplinary decisions other than decisions to remove an officer from office.

(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.

With the consent of the Prime Minister, regulations made under this Article may give powers or impose duties on any public officer or any authority of the Government of The Bahamas so that the Board can carry out its functions.

(5)

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.

Subject to this Article and to its rules of procedure, the Board may act even if there is a vacancy among its members or a member is absent.

Appeals in discipline casesAppeals against dismissal and discipline

Part IVThe Judicial and Legal Service Commission

116.

In briefCreates the Judicial and Legal Service Commission, chaired by the Chief Justice, and sets its membership, terms of office and acting arrangements.

(1)

There shall be a Judicial and Legal Service Commission for The Bahamas.

There must be a Judicial and Legal Service Commission for The Bahamas.

(2)

The members of the Judicial and Legal Service Commission shall be-

The members of the Judicial and Legal Service Commission are:

(a)

the Chief Justice, who shall be Chairmen;

the Chief Justice, who is the Chairman;

(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;

another Justice of the Supreme Court or Justice of Appeal, designated by the Governor-General by instrument under the Public Seal (a formal written document sealed with the official seal of The Bahamas), acting on the recommendation of the Chief Justice;

(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.

two people 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-

Subject to Article 126 of this Constitution, a member of the Judicial and Legal Service Commission referred to in sub-paragraph (2)(d) of this Article loses their seat:

(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;

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.

if they become a member of either House of Parliament.

(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.

A person cannot be appointed as a member of the Commission under sub-paragraph (2)(b) of this Article unless they hold, are qualified to hold, or have held high judicial office (a senior judge's post). A person is disqualified from that appointment if they are 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.

If the office of Chairman of the Judicial and Legal 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 Chief Justice or, if the Chief Justice is for any reason unable to make a recommendation, of the other Justice of the Supreme Court or Justice of Appeal who is a member of the Commission. 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.

(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 Removal of the of that members, appoint a person who is qualified to be appointed as a member of the Commission to act as a member. and Deputy 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.

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 carry out the duties of the office, the Governor-General may appoint someone to act as a member. In the case of the Chairman of the Public Service Commission, the Governor-General may appoint another member of the Public Service Commission. In the case of a member referred to in sub-paragraph (2)(b) or (d) of this Article, the Governor-General, acting on the same recommendation as for the appointment of that member, may appoint a person who is qualified to be a member of the Commission. Subject to sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, the acting member continues to act until the office has been filled or, as the case may be, until the holder of the office resumes their duties, or until the Governor-General, acting in the same way, revokes the acting appointment.

Establishment and composition of the Judicial and Legal Service CommissionThe Judicial and Legal Service Commission

117.

In briefGives the Governor-General, on the Judicial and Legal Service Commission's advice, power to appoint, remove and discipline holders of public offices that need legal qualifications.

(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.

Subject to the other provisions of this Constitution, the power to appoint people to the public offices this Article applies to, and to remove and discipline people holding or acting in those offices, belongs to 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.

This Article applies to the public offices (paid posts in the Government's service) for which Parliament prescribes that a person must have legal qualifications to be appointed.

Appointments, etc. of judicial and legal officersAppointing judicial and legal officers

Part VThe Police Service Commission

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

119.

In briefSets who appoints police officers at each rank, from the Commissioner of Police down to officers below Inspector, and who handles postings and transfers.

(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.

The power to appoint the Commissioner of Police and the Deputy Commissioner of Police belongs to 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.

Apart from the appointments covered by paragraph (1) of this Article, the power to appoint people to offices in the Police Force at or above the rank of Assistant Commissioner of Police belongs to 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.

Apart from the appointments covered by the preceding paragraphs of this Article, the power to appoint people to offices in the Police Force at or above the rank of Inspector belongs to 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.

The Police Force must have the number of Police Promotion Boards prescribed by regulations made under this paragraph. Each Board is made up of officers in the Police Force above the rank of Inspector.

(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.

The power to appoint people to offices in the Police Force below the rank of Inspector belongs to 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.

The power to make postings and appointments by transfer of officers within the Police Force belongs to the Commissioner of Police.

Appointment of Commissioner of Police and other officers of the Police ForceAppointments in the Police Force

120.

In briefThe Commissioner and Deputy Commissioner of Police can be removed only by the Governor-General after a tribunal of senior judges recommends their removal.

(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.

The Governor-General may remove the Commissioner of Police or the Deputy Commissioner of Police from office, but only in accordance with 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.

The Governor-General must remove the Commissioner of Police or Deputy Commissioner of Police from office if the question of their removal has been referred to a tribunal appointed under paragraph (3) of this Article and the tribunal has recommended to the Governor-General that they 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-

If the Prime Minister represents to the Governor-General that the question of removing the Commissioner of Police or Deputy Commissioner of 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;

the Governor-General, acting in accordance with the advice of the Prime Minister, must suspend the Commissioner of Police or Deputy Commissioner of Police, as the case may be, from carrying out the duties of the office;

(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

the Governor-General must appoint a tribunal made up of a chairman and at least two other members, chosen by the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, from among people who hold, have held or are eligible to hold high judicial office (a senior judge's post); 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.

the tribunal must inquire into the matter, report the facts to the Governor-General, and recommend 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.

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 must lift the 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.

Removal of Commissioner and Deputy Commissioner of PoliceRemoving the Commissioner or Deputy Commissioner of Police

121.

In briefSets who may remove or discipline police officers at each rank, what powers the Commissioner of Police has and may delegate, and how appeals work.

(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.

Except as provided in Article 120 of this Constitution, the power to remove and discipline people holding or acting in offices in the Police Force at or above the rank of Assistant Commissioner belongs to 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.

Except as provided in Article 120 of this Constitution and paragraphs (1) and (3) of this Article, the power to remove and discipline people holding or acting in offices in the Police Force belongs to 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-

The Commissioner of Police has the following powers:

(a)

in respect of officer of or above the rank of Assistant Superintendent, the power to administer reprimands;

for officers at or above the rank of Assistant Superintendent, the power to give reprimands (formal warnings);

(b)

in respect of Inspector, the power to exercise disciplinary control other than removal or reduction in rank; and

for Inspectors, the power to take disciplinary action other than removal from office 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.

for officers below the rank of Inspector, the power to take disciplinary action, including the power to remove them from office.

(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.

The Commissioner of Police may, by written directions and on any conditions he thinks fit, delegate (pass on) to any officer of the Police Force at or above the rank of Inspector any of his powers under sub-paragraph (3)(c) of this Article, except the power of removal. Any punishment given by an officer using delegated powers can be appealed 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.

Parliament may by law provide that, in the cases the law prescribes, an appeal lies to the Governor-General against a decision of the Commissioner of Police to remove or discipline a person holding or acting in an office in the Police Force. In deciding such an appeal, the Governor-General must act in accordance with the advice of the Police Service Commission.

Removal and discipline of members of the ForceRemoving and disciplining police officers

Part VIPensions

122.

In briefGuarantees that pensions and similar awards for public service are governed by the law in force on the relevant date or any later law that is no less favourable.

(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.

Subject to Articles 123 and 124 of this Constitution, the law that governs the grant and payment of any pension, compensation, gratuity (lump-sum payment) or similar allowance (called an "award" in this Article) to an officer, or to the officer's widow, children, dependants or personal representatives (the people who manage a deceased person's estate), for that officer's service in a public office (a paid post in the Government's service) is the law in force on the relevant date, or any later law that is no less favourable to that person.

(2)

In paragraph (1) of this Article "the relevant date" means-

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;

for 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 10th July 1973 to or in respect of any person who was a public officer before that date 9th July 1973;

for an award granted, or to be granted, on or after 10th July 1973 to or in respect of a person who was a public officer before that date, 9th July 1973;

(c)

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 10th July 1973, the date on which he becomes a public officer.

for an award granted, or to be granted, to or in respect of a person who becomes a public officer on or after 10th July 1973, the date on which that person 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 Article, be deemed to be more favorable to him than the other law or laws.

Where a person has the right to choose which of two or more laws applies in their case, the law they choose is treated, for the purposes of this Article, as more favourable to them 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 The Bahamas) are hereby charged on the Consolidated Fund.

Awards granted under any law for service in a public office are charged on the Consolidated Fund (the Government's main account, so they must be paid from it), unless they are a charge on some other public fund of The Bahamas.

(5)

For the purposes of this Article and of Articles 123 and 124 of this Constitution, service as a Justice of the Supreme Court or Justice of Appeal shall be deemed to be service in the public service.

For the purposes of this Article and Articles 123 and 124 of this Constitution, service as a Justice of the Supreme Court or Justice of Appeal counts as service in the public service.

Protection of pension rightsProtection of pension rights

123.

In briefGives the Governor-General, on the appropriate Service Commission's recommendation, power to grant, withhold, reduce or suspend discretionary pension awards, with protection for judges and the Auditor-General.

(1)

The power to grant any award under any pensions law for the time being in force in The Bahamas (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.

The power to grant any award under any pensions law in force in The Bahamas (other than an award that the person it is payable to is entitled to as of right under that law), and, as that law allows, to withhold, reduce or suspend any award payable under such a law, belongs to the Governor-General.

(2)

The power vested in the Governor-General by paragraph (1) of this Article shall be exercised by him on the recommendation of the appropriate Service Commission.

The Governor-General exercises the power given by paragraph (1) of this Article 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 Justice of the Supreme Court or Justice of Appeal 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 misbehaviour.

The appropriate Service Commission cannot recommend to the Governor-General, on the ground of misbehaviour, that an award for which a person who holds or has held the office of Justice of the Supreme Court, Justice of Appeal or Auditor-General is eligible should not be granted, or that an award payable to that person should be withheld, reduced or suspended, unless that person has been removed from office because of that misbehaviour.

(4)

In this Article and in Article 124 of this Constitution "the appropriate Service Commission" means-

In this Article and in Article 124 of this Constitution "the appropriate Service Commission" means:

(a)

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-

for an award that may be granted or is payable to a person who, having been a public officer, was serving immediately before the date they stopped holding public office:

(i)

as a Justice of the Supreme Court or Justice of Appeal;

as a Justice of the Supreme Court or Justice of Appeal; or

(ii)

in any public office to which the provision of Article 117 of this Constitution applied on that date, the judicial and Legal Service Commission;

in any public office to which Article 117 of this Constitution applied on that date, the Judicial and Legal Service Commission;

(b)

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 the date on which he ceased to hold public office, serving as a member of the Police Force, the Police Service Commission;

for an award that may be granted or is payable to a person who, having been a public officer, was serving as a member of the Police Force immediately before the date they stopped holding public office, the Police Service Commission;

(c)

in any other case the Public Service Commission.

in any other case, the Public Service Commission.

(5)

In this Article "pension law" means nay law relating to the grant to any person or to the widow, children, dependents or personal representatives of that person, of an award of any pension, compensation, gratuity or other like allowance in respect of the service of that person in a public office an includes any instrument make under any such law.

In this Article "pensions law" means any law about granting an award of a pension, compensation, gratuity (lump-sum payment) or similar allowance to a person, or to that person's widow, children, dependants or personal representatives (the people who manage a deceased person's estate), for that person's service in a public office. It includes any instrument (such as regulations) made under such a law.

Grant and withholding of pensions, etc.Granting and withholding pensions

124.

In briefLets an officer or their personal representatives have pension decisions, and removals or discipline that reduce an award, referred to the Public Service Board of Appeal.

(1)

The provisions of this Article shall have effect for the purpose of enabling an officer or his personal representatives to appeal against any of the following decisions, that is to say:-

This Article allows an officer, or the officer's personal representatives (the people who manage a deceased person's estate), to appeal against any of the following decisions:

(a)

a decision of the appropriate Service Commission embodying a recommendation in respect of an officer, under Article 123(2) of this Constitution, not to grant or to withhold, reduce in amount or suspend, and award;

a decision of the appropriate Service Commission containing a recommendation about an officer under Article 123(2) of this Constitution not to grant an award, or to withhold, reduce or suspend an award;

(b)

a decision of any authority to remove an office from office if the consequence of the removal is that an award cannot be granted in respect of the officer's service in a public office; or

a decision of any authority to remove an officer from office, if the result of the removal is that an award cannot be granted for the officer's service in a public office; or

(c)

a decision of any authority to take some other disciplinary action in relation to such an office if the consequence of the action is or in the opinion of the authority might be, to reduce the amount of any award that may be grated in respect of the officer's service in a public office.

a decision of any authority to take some other disciplinary action against an officer, if the result of the action is, or in the authority's opinion might be, to reduce the amount of any award that may be granted for the officer's service in a public office.

(2)

Where any such decision as is referred to in paragraph (1) of this Article is taken by any Commission or authority, the Commission or authority shall cause to be delivered to the officer concerned, or to his personal representatives, a written notice of that decision stating the time, not being less than twenty-eight days from the date on which the notice is delivered, within which he, or his personal representatives, may apply to the Commission or authority for the case to be referred to the Public Service Board of Appeal.

When a Commission or authority takes a decision of the kind referred to in paragraph (1) of this Article, it must have a written notice of the decision delivered to the officer concerned or to the officer's personal representatives. The notice must state the time, which cannot be less than twenty-eight days from the date the notice is delivered, within which the officer or the personal representatives may apply to the Commission or authority for the case to be referred to the Public Service Board of Appeal.

(3)

The Board shall inquire into the facts of the case, and for that purpose-

The Board must inquire into the facts of the case, and for that purpose:

(a)

shall, if the applicant so requests in writing, hear the applicant either in person or by a legal representative of his choice, according to the terms of the request, and shall consider any representations that he wishes to make in writing;

must, if the applicant asks in writing, hear the applicant either in person or through a legal representative of the applicant's choice, as the request says, and must consider any points the applicant wishes to make in writing;

(b)

may hear any other person who, in the opinion of the Board, is able to give the Board information on the case; and

may hear any other person who, in the Board's opinion, can give it information about the case; and

(c)

shall have access to, and shall consider, all documents that were available to the Commission or authority concerned and shall also consider any further document relating to the case that may be produced by or on behalf of the applicant or the Commission or authority.

must have access to, and must consider, all the documents that were available to the Commission or authority concerned, and must also consider any further document about the case produced by or on behalf of the applicant or the Commission or authority.

(4)

When the Board has completed its consideration of the case, then-

When the Board has finished considering the case:

(a)

if the decision that is the subject of reference to the Board is such a decision as is mentioned in sub-paragraph (1)(a) of this Article, the Board shall advise the appropriate Service Commission or authority whether the decision should be affirmed, reversed or modified and the Commissioner authority shall act in accordance with that advice; and

if the decision referred to the Board is one mentioned in sub-paragraph (1)(a) of this Article, the Board must advise the appropriate Service Commission or authority whether the decision should be confirmed, reversed or changed, and the Commission or authority must act in accordance with that advice; and

(b)

if the decision that is the subject of the reference to the Board is such a decision as is referred to in sub-paragraph (1)(b) of (c) of this Article, the Board shall not have power to advise the Commission or authority concerned to affirm, reverse or modify the decision but-

if the decision referred to the Board is one mentioned in sub-paragraph (1)(b) or (c) of this Article, the Board has no power to advise the Commission or authority concerned to confirm, reverse or change the decision, but:

(i)

where the officer has been removed from office the Board may direct that there shall be granted all or any part of the award that, under any law, might have been granted in respect of his service in a public office if he had retired voluntarily at the date of his removal and may direct that any law with respect to awards shall in any other respect that the Board may specify have effect as if he had so retired, and

where the officer has been removed from office, the Board may direct that the officer be granted all or part of the award that could have been granted under any law for the officer's service in a public office if the officer had retired voluntarily on the date of removal, and may direct that any law about awards is to apply in any other respect the Board specifies as if the officer had retired in that way; and

(ii)

where some other disciplinary action has been taken in relation to the office the Board may direct that, on the grant of any award under any law in respect of the officer's service in a public office, that award shall be increased by such amount or shall be calculated in such manner as the Board may specify in order to offset all or any part of the reduction in the amount of that award that, in the opinion of the Board, would or might otherwise be a consequence of the provisions of any other law.

where some other disciplinary action has been taken against the officer, the Board may direct that, when any award is granted under any law for the officer's service in a public office, the award is to be increased by an amount, or calculated in a way, that the Board specifies, so as to make up for all or part of the reduction in the award that, in the Board's opinion, would or might otherwise result from any other law.

(5)

If the appeal relates to a case in which the officer exercises his right of appeal to the Board under Article 115(1) of this Constitution, the Board shall first consider his appeal under that Article and only if it decides to affirm the decision or to make some other decision the consequence of which would be to affect the officer's award, shall the Board proceed to consider the officer's appeal under this Article.

If the appeal relates to a case in which the officer is also appealing to the Board under Article 115(1) of this Constitution, the Board must first consider the appeal under that Article. Only if it decides to confirm the decision, or to make some other decision that would affect the officer's award, does the Board go on to consider the officer's appeal under this Article.

(6)

For the purposes of this Article-

For the purposes of this Article:

(a)

"legal representative" means a person entitled to practice in The Bahamas as a Counsel and Attorney of the Supreme Court; and

"legal representative" means a person entitled to practise in The Bahamas as a Counsel and Attorney of the Supreme Court; and

(b)

a notice shall be deemed to have been delivered to an office one week after it has been posted if, in the case of an officer on pension and resident outside The Bahamas whose residential address cannot be ascertained, it has been posted addressed to him at the address to which his pension is being paid.

a notice is treated as delivered to an officer one week after it is posted if the officer is on pension and lives outside The Bahamas, their home address cannot be found, and the notice was posted to them at the address to which their pension is being paid.

Appeals in respect of certain decisions affecting pensions benefitsAppeals about pension decisions

Part VIIMiscellaneous

125.

In briefLets the Governor-General regulate each Commission's procedure, sets quorum and voting rules, and bars courts from reviewing whether a Commission acted validly.

(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.

For any Commission established by this Chapter, the Governor-General, acting in accordance with the advice of the Commission, may regulate its procedure by regulations or otherwise. With the consent of the Prime Minister, the Governor-General may also give powers and impose duties on any public officer (a person holding a paid post in the Government's service) or any authority of the Government so that the Commission can carry out its functions.

(2)

At any meeting of any Commission established by this Chapter a quorum shall be constituted if a majority of the 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 took part therein.

At any meeting of a Commission established by this Chapter, there is a quorum (enough members present to do business) if a majority of the members are present. If a quorum is present, the Commission can still do business even if there is a vacancy among its members or a member is absent, and its proceedings are valid even if someone who was not entitled to take part did so.

(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.

Any question put for decision at a meeting of a Commission established by this Chapter is decided by a majority of the votes of the members present and voting. If the votes are equal, the member presiding has and must use a casting (deciding) vote.

(4)

Any question whether-

No court may inquire into any question whether:

(a)

any Commission established by this Chapter has validly performed any functions vested in it or under this Chapter;

a Commission established by this Chapter has validly carried out any function given to it by or under this Chapter;

(b)

any person has validly performed any functions delegated to him; or

a person has validly carried out any function delegated to them; or

(c)

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, shall not be inquired into in any court.

a member of such a Commission, or any other person or authority, has validly carried out any other function relating to the work of the Commission.

Procedure of CommissionsHow the Commissions work

126.

In briefCommission and Board of Appeal members can be removed only for inability or misbehaviour, after a tribunal of judges recommends it, and may be suspended meanwhile.

(1)

A member of a Commission established under this Chapter may be removed from office only for inability to exercise the function of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this Article.

A member of a Commission established under this Chapter may be removed from office only because they are unable to carry out the duties of the office (whether because of physical or mental infirmity or any other cause) or for misbehaviour, and only in accordance with this Article.

(2)

A member of a Commission 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 for inability as aforesaid or for misbehaviour.

The Governor-General must remove a member of a Commission from office if the question of their removal has been referred to a tribunal appointed under paragraph (3) of this Article and the tribunal has recommended to the Governor-General that the member ought to be removed for inability of that kind or for misbehaviour.

(3)

If the Governor-General, acting in accordance with the advice of the prescribed authority, considers that the question of removing a member of a Commission under this Article ought to be investigated, then-

(a)

the Governor-General, acting in accordance with the advice of the prescribed authority shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice, or where the question concerns the Chairman of the Judicial and Legal Service Commission by the President of the Court of Appeal, from among persons who hold or have held or are qualified to hold office as a Justice of the Supreme Court; and

the Governor-General, acting in accordance with the advice of the prescribed authority, must appoint a tribunal made up of a chairman and at least two other members, chosen from among people who hold, have held or are qualified to hold office as a Justice of the Supreme Court. They are chosen by the Chief Justice or, where the question concerns the Chairman of the Judicial and Legal Service Commission, by the President of the Court of Appeal; and

(b)

the tribunal shall inquire into the matter and report on the facts thereof the Governor-General and recommend to him whether the member ought to be removed under this Article.

the tribunal must inquire into the matter, report the facts to the Governor-General, and recommend whether the member ought to be removed under this Article.

(4)

If the question of removing a member of a Commission has been referred to a tribunal under this Article, the Governor- General, acting in accordance with the advice of the prescribed authority, may suspend that member from the exercise of the functions of his office and any such suspension may be at any time revoked by the Governor-General, and shall in any case cease to have effect if the tribunal recommends to the Governor- General that member should not be removed.

If the question of removing a member of a Commission has been referred to a tribunal under this Article, the Governor-General, acting in accordance with the advice of the prescribed authority, may suspend that member from carrying out the duties of the office. The Governor-General may lift the suspension at any time, and it ends in any case if the tribunal recommends to the Governor-General that the member should not be removed.

(5)

In this Article-

In this Article:

"Commission" includes the Public Service Board of Appeal;

"the prescribed authority" means-

"the prescribed authority" means:

(a)

in relation to the Public Service Commission or the Judicial and Legal Service Commission, the Prime Minister when the question concerns the Chairman of either of those Commissions, and the Chairman of the Commission concerned when the question concerns any other member of either of those Commissions; and

for the Public Service Commission or the Judicial and Legal Service Commission, the Prime Minister when the question concerns the Chairman of either of those Commissions, and the Chairman of the Commission concerned when the question concerns any other member of either of those Commissions; and

(b)

in relation to the Public Service Board of Appeal or the Police Service Commission, the Prime Minister.

for the Public Service Board of Appeal or the Police Service Commission, the Prime Minister.

Removal from office of certain personsRemoving Commission and Board members

127.

In briefLists the offices, such as Ministers, members of Parliament, Commission members, judges and special-purpose agency staff, that do not count as part of the public service.

In this Constitution references to the public service shall not be construed as including service in-

In this Constitution, references to the public service do not include service in:

(a)

the office of Governor-General, Prime Minister or other Minister, Parliamentary Secretary, Leader of the Opposition, President and Vice-President of the Senate, Senator, Speaker and Deputy Speaker of the House of Assembly, or member of the House of Assembly;

the office of Governor-General, Prime Minister or other Minister, Parliamentary Secretary, Leader of the Opposition, President or Vice-President of the Senate, Senator, Speaker or Deputy Speaker of the House of Assembly, or member of the House of Assembly;

(b)

the office of a member of the Public Service Commission, the Public Service Board of Appeal, the Judicial and Legal Service Commission or the Police Service Commission;

(c)

the staff of the Department of Tourism or of any other department or agency of the Government established for special purposes by any law which specifies that offices therein shall not be public offices for the purposes of this Constitution;

the staff of the Department of Tourism, or of any other Government department or agency set up for special purposes by a law that says its offices are not public offices for the purposes of this Constitution;

(d)

the office of a member of any board, committee or other similar body (whether incorporated or not) established by any law in force in The Bahamas; or

the office of a member of any board, committee or similar body (whether incorporated or not) set up by any law in force in The Bahamas; or

(e)

except as otherwise provided in this Constitution the office of a Justice of the Supreme Court, a Justice of Appeal or any office on the personal staff of the Governor-General.

except where this Constitution provides otherwise, the office of a Justice of the Supreme Court or a Justice of Appeal, or any office on the personal staff of the Governor-General.