Constitution – Chapter 7 – Part 3
PART 3 – The Police.
Police Service Commission.
84.- (1) There shall be for Saint Christopher and Nevis a Police Service Commission (hereinafter in this section referred to as the Commission) which shall consist of-
a) the chairman and the members of the Public Service Commission appointed under paragraph (a) of section 77(1); and
b) one member appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, who shall, if persons have been selected in that behalf by the appropriate representative body, be so appointed from among those persons.
(2) The provisions of sections 77(2), 77(3), 77(4), 77(5), 77(6), 77(7) and 77(10) shall apply in relation to a member of the Commission appointed under paragraph (b) of subsection (1) as they apply in relation to a member of the Public Service Commission.
(3) The member of the Public Service Commission for the time being performing the functions of the chairman of that Commission shall perform the functions of the chairman of the Commission.
(4) Any person for the time being authorized to act as a member of the Public Service Commission under section 77(9) (other than a person so authorized on account of the inability of a member thereof appointed under section 77(b)) shall act as a member of the Commission.
(5) If at any time the member of the Commission appointed under paragraph (b) of subsection (1) of this section if for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to subsection (2), continue to act until the holder of the office has resumed his functions or until his appointment to act has been revoked by the Governor-General, acting in accordance with the advice of the Prime Minister.
(6) The Commission shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.
(7) The Commission may by regulations otherwise regulate its own procedure and, with the consent of the Prime Minister, may confer powers or impose duties on any public officer or on any authority of the Government for the purpose of the exercise of its functions.
(8) The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence of a majority of all its members.
(9) In this section “the appropriate representative body” means such body (if any) as may be designated by the Governor-General, acting in accordance with the advice of the Prime Minister, as the principal body in Saint Christopher and Nevis representing the interests of officers of the Police Force.
Appointment etc. of police officers.
85.- (1) Subject to section 87, the power to appoint persons to hold or act in offices in the Police Force (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Governor-General, acting in accordance with the recommendation of the Police Service Commission:
Provided that before the Commission makes any recommendation to the Governor-General with respect to the appointment of any person to hold the office of Chief of Police or deputy Chief of Police the Commission shall consult with the Prime Minister and if the Prime Minister signifies his objection to the appointment of any person to the office the Commission shall not recommend the Governor-General to appoint that person.
(2) The Governor-General, acting in accordance with the recommendation of the Police Service Commission, may, by directions in writing and subject to such conditions as he thinks fit, delegate any of his powers under subsection (1) to any one or more members of the Commission of with the consent of the Prime Minister, to the Chief of Police or any other officer of the Police Force.
(3) Before the Police Service Commission recommends the Governor General under subsection (1), or any other person or authority exercises any power delegated to him under subsection (2), to appoint to or to act in any office in the Police Force any person who holds or is acting in any office to which section 83 applies the Commission shall consult with the Judicial and Legal Services Commission.
(4) An officer to the Police Force shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the Judicial and Legal Service Commission concurs therein.