Grant and withholding of pensions, etc.

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

2. Subject to the provisions of subsections (5) and (6), the power vested in the Governor General by subsection (1) shall be exercised by him 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 Judge, Director of Public Prosecutions 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 misbehavior.

4. In this section " 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 office, was immediately before the date on which he ceased to hold public office serving -

i. as a Judge;

ii. as the Director of Public Prosecutions;

iii. in any office to which section 93 applies as respects power to remove and exercise disciplinary control over any person holding or acting in that office ar the date of the exercise of the power vested as aforesaid.

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 member of the Police Force, the Police Service Commission.

c. in any other case the Public Service Commission.

5. Where the appropriate Service Commission makes a recommendation to the Governor General under this section that any award that may be granted under any pensions law in respect of the service in a public office of any person should not be granted, or that any award payable under any such law in respect of such service should be withheld, reduced in amount or suspended, the Governor General shall inform the person concerned or his personal representatives of that recommendation, and if that person then applies, or, as the case may be, his personal representatives then apply, for the case to be referred to the Privy Council, the Governor General shall refer the case to the > Privy Council accordingly.

6. When a reference is made to the Privy Council under the provisions of subsection (5), the Privy Council shall consider the case and shall advise the Governor General whether the recommendation of the appropriate Service Commission should be affirmed, reversed or modified, and the Governor General shall then act in accordance with that advice.

7. In this section " pensions law" means any law relating to the grant to any person or to the widow, children, dependants or personal representatives of that person, of an award for any pension, compensation, gratuity or other like allowance in respect of the service of that person in a public office.

PART 4