PART 4 – The Public Service Board of Appeal

The Public Service Board of Appeal

86.- (1) There shall be for Saint Christopher and Nevis a Public Service Board of Appeal (hereinafter in this section referred to as the Board) which shall consist of-

a) one member appointees by the Governor-General, who shall be chairman;

b) 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, who shall, when there is an appropriate representative body, act in accordance with the recommendation of that body.

(2) A person shall not be qualified for appointment as a member of the Board if he is a member of the National Assembly and a person shall not be qualified for appointment under subsection (1)(c) unless he is or has at any time been a public officer.

(3) Subject to the provisions of this section, the office or a member of the Board shall become vacant-

a) at the expiration of three years from the date of his appointment; or

b) if any circumstances arise that, if he were not a member of the Board, would cause him to be disqualified to be appointed as such under subsection (2).

(4) A member of the Board may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the provisions of this section.

(5) A member of the Board 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 subsection (6) and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehavior.

(6) If the Governor-General considers that the question of removing a member of the Board under this section ought to be investigated, then-

a) the Governor-General shall appoint a tribunal which shall consist of a chairman and not less than two other members selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

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

(7) If the question of removing a member of the Board has been referred to a tribunal under this section, the Governor-General may suspend that member from the exercise of the functions of his office and any such suspension may at any time be 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.

(8) a) 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 subsection (4), 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.

b) Where the member of the Board unable to exercise the functions of his office was appointed under paragraph (b) of subsection (1), the Governor-General shall act in accordance with the advice of the Prime Minister and where he was appointed under paragraph (c) of that subsection the Governor-General shall, when there is an appropriate representative body, act in accordance with the recommendation of that body in exercise of the powers conferred by this subsection.

(9) 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.

(10) In this section “appropriate representative body” means a body designated under section 77(14).

(11) In the exercise of the powers conferred upon him by this section the Governor-General shall, except where it is otherwise expressly provided, act in his own deliberate judgment.

Appeals to Public Service Board of Appeal.

87.- (1) This section applies to-

a) any decision of the Governor-General, acting in accordance with the recommendation for the Public Service Commission or the Police Service Commission, to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision or any person to whom powers are delegated under section 77(2) or 85(2));

b) any decision of any person to whom powers are delegated under section 77(2) or 85(2) to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision that is subject to appeal to or confirmation by the Governor-General, acting in accordance with the recommendation of the Public Service Commission or the Police Service Commission); and

c) such decisions with respect to the discipline of any defence force established for Saint Christopher and Nevis as may be prescribed by Parliament.

(2) Subject to subsection (5), an appeal shall lie to the Public Service Board or Appeal (hereinafter in this section referred to as the Board) from any decision to which this section applies at the instance of the public officer or member of the defence force in respect of whom the decision is made.

(3) Upon an appeal under this section the Board may affirm or set aside the decision appealed against or may make any other decision that the authority or person from whom the appeal lies could have made.

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

(5) The Board may by regulation make provision for its own procedure and the procedure on appeals under this section and may, with the approval of the Governor-General, by regulation-

a) except from the provisions of subsection (2) decisions in respect of public officers holding offices whose emoluments do not exceed such amount as may be prescribed by the regulations or such decisions to exercise disciplinary control over public officers, other than decisions to remove a public officer from office, as may be so prescribed; and

b) 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.

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