The Turks and Caicos Islands Constitution Order 2006

Public Service Commission

Public Service Commission

83.—(1) There shall be a Public Service Commission for the Turks and Caicos Islands, which shall consist of a Chairman and four other members.

(2) Of the members of the Public Service Commission—

(a)the Chairman shall be appointed by the Governor, acting in his or her discretion;

(b)one member shall be appointed by the Governor, acting in accordance with the advice of the Premier;

(c)one member shall be appointed by the Governor, acting after consultation with the Premier;

(d)one member shall be appointed by the Governor, acting in accordance with the advice of the Leader of the Opposition;

(e)one member shall be appointed by the Governor, acting after consultation with the Leader of the Opposition.

(3) The members of the Public Service Commission shall be appointed by instrument under the public seal for such period, not being less than one year nor more than four years, as may be specified in their respective instruments of appointment.

(4) No person shall be qualified to be appointed as a member of the Public Service Commission if he or she is a public officer or if he or she is or has been within the preceding three years—

(a)an elected or appointed member of the House of Assembly; or

(b)the holder of any office in any political party.

(5) The office of a member of the Public Service Commission shall become vacant—

(a)at the expiration of the period specified in the instrument by which he or she was appointed;

(b)if he or she resigns his or her office by writing under his or her hand addressed to the Governor;

(c)if he or she becomes an elected or appointed member of the House of Assembly, the holder of any office in any political party, or a public officer; or

(d)if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

(6) Whenever the office of the Chairman of the Public Service Commission is vacant or the holder of that office is for any reason unable to perform the functions of that office, such one of the other members of the Public Service Commission as the Governor, acting in his or her discretion, may appoint shall act in the office of the Chairman.

(7) If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder of that office is acting as the Chairman or is for any other reason unable to perform the functions of his or her office, the Governor, acting in the manner prescribed by subsection (2) for the appointment of that member, may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission; and any person so appointed shall, subject to subsection (5), continue so to act until he or she is notified by the Governor, acting in his or her discretion, that the circumstances giving rise to the appointment have ceased to exist.

(8) No business shall be transacted at any meeting of the Public Service Commission if there are less than four members of the Commission present.

(9) Any question proposed for decision at any meeting of the Public Service Commission shall be determined by a majority of the votes of the members present and voting; and if on any question the votes are equally divided the Chairman shall have and exercise a casting vote.

(10) The Public Service Commission shall be served by a secretariat, the members of which shall be public officers.

(11) In the exercise of its functions the Public Service Commission shall not be subject to the direction or control of any other person or authority.

Appointment, etc, of public officers

84.—(1) Power to make appointments to public offices, and to remove or exercise disciplinary control over persons holding or acting in such offices, is vested in the Governor, acting in accordance with the advice of the Public Service Commission, unless the Governor is instructed by Her Majesty through a Secretary of State to do otherwise.

(2) The Governor, acting after consultation with the Public Service Commission, may, by regulations published in the Gazette, delegate to any member of the Commission or any public officer, to such extent and subject to such conditions as may be prescribed in the regulations, any of the powers vested in the Governor to make appointments to public offices and to remove or exercise disciplinary control over persons holding or acting in such offices.

(3) This section shall not apply to—

(a)any office to which section 85 applies;

(b)any office mentioned in section 82;

(c)any office in the Police Force;

(d)the office of Cabinet Secretary except as respects power to remove or exercise disciplinary control over a person holding or acting in that office.

Particular offices

85.—(1) Subject to subsections (3) and (4), power to make appointments to the offices to which this section applies and to remove or exercise disciplinary control over persons holding or acting in such offices is vested in the Governor, acting in his or her discretion.

(2) This section applies to the offices of Attorney General; Permanent Secretary, Finance; Chief Auditor; and Commissioner of Police.

(3) Before making any appointment to the office of Attorney General, the Governor shall consult the Premier.

(4) A person holding the office of Attorney General or Chief Auditor may be removed from office only for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and with the prior approval of a Secretary of State.

Appointment of Cabinet Secretary

86.—(1) Power to make appointments to the office of Cabinet Secretary is vested in the Governor, acting in accordance with the advice of the Premier.

(2) Whenever occasion arises for making an appointment under this section the Public Service Commission shall submit to the Premier a list of public officers who appear to the Commission to be qualified for the appointment and the Premier shall recommend to the Governor a person whose name appears on the list.

Additional functions of Public Service Commission

87.  The Public Service Commission shall exercise the following additional functions—

(a)the supervision of, and the provision of advice upon, the policies and programmes of the Government for the training of public officers at all levels;

(b)the issue from time to time of guidelines on the conduct and ethics of the public service, and supervision of their observance;

(c)the provision of advice of a general nature upon questions relating to the pay and conditions of service of public officers;

(d)such other functions as may be conferred upon it by law or by regulations made by the Governor, acting after consultation with the Public Service Commission.

Regulations regarding Public Service Commission

88.  The Governor, acting after consultation with the Public Service Commission, may, by regulations published in the Gazette, make provision for—

(a)the organisation of the work of the Commission and the manner in which it performs its functions;

(b)consultation by the Commission with persons or authorities other than members of the Commission;

(c)the protection and privileges of members of the Commission in respect of the performance of their functions and the privilege of communications to and from the Commission and its members in the case of legal proceedings;

(d)the definition and trial of offences in relation to the functions of the Commission and the imposition of penalties for such offences; but no such penalty shall exceed a fine of two thousand five hundred dollars or imprisonment for a term of one year or both such fine and imprisonment.