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Establishment and composition of Public Service Commission






90. 1. There shall be a Public Service Commission for Barbados which shall consist of a Chairman and not less than three nor more than five 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.

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.

3. Subject to the provisions of subsection (4), the office of a member of the Public Service Commission shall become vacant -

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;

b. if he becomes a member of either House or a public officer.

4. The provisions of section 105 (which relate to removal from office) shall apply to the office of a member of the Public Service Commission, and for the purposes of subsections (4) and (6) of that section the prescribed authority shall be the Prime Minister except that, in relation to a member who does not hold, or is not for the time being acting in, the office of Chairman of the Commission, the prescribed authority for the purposes of the said subsection (6) shall be the holder of the office of Chairman.

5. If the office of Chairman of the Public 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 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.

6. 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 of that member; and any person so appointed shall, subject to the provisions of subsection (3)(b), 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.

7. A member of the Public Service Commission shall not, within a period of one year 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.






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