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British Virgin Islands Constitution

PART V

The Public Service

Public Service - General

51. (1) There shall be in and for the Virgin Islands a Public Service Commission which shall consist of three members, of whom two shall be appointed by the Governor acting in his discretion and one shall be appointed by the Governor after consultation with the Civil Service Association. (1) There shall be in and for the Virgin Islands a Public Service Commission which shall consist of three members, of whom two shall be appointed by the Governor acting in his discretion and one shall be appointed by the Governor after consultation with the Civil Service Association.

(2) The Governor, acting after consultation with the Chief Minister, shall appoint one of the three members of the Public Service Commission to be Chairman of the Commission.

(3) No person shall be qualified to be appointed as a member of the Public Service Commission if he is a member of, or a candidate for election to, the Legislative Council, or holds or is acting in any public office.

(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; or

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

(c) if he becomes a member of, or a candidate for election to, the Legislative Council or is appointed to or to act in any public office; or

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

(5) If the office of a member of the Public Service Commission is vacant or a member is for any reason unable to perform the functions of his office, the Governor, acting in the manner prescribed by subsection (1) of this section 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 the provisions of the preceding subsection, continue so to act until he is notified by the Governor, acting in his discretion, that the circumstances giving rise to the appointment have ceased to exist:

Provided that, in the case of a vacancy in the office of the Chairman or the inability of the holder thereof to perform his functions, the functions of the office of Chairman shall be performed by such member of the Commission or person acting as a member as the Governor, acting after consultation with the Chief Minister, may designate.

52. (1) Power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Governor, acting after consultation with the Public Service Commission:

Provided that before appointing any person to the office of a permanent secretary or head of department the Governor shall in addition consult with the Chief Minister.

(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 or class of public officer, to such extent and subject to such conditions as may be prescribed in the regulations, any of the powers vested in him by the last foregoing subsection.

(3) The provisions of subsection (1) of this section shall not apply to-

(a) any office to which section 55 of this Order applies; or

(b) any office in the Police Force below the rank of Assistant Superintendent to the extent that the Chief of Police or some other officer of the Police Force is empowered by any law for the time being in force in the Virgin Islands to exercise the powers mentioned in that subsection.

53. The Governor, acting after consultation with the Public Service Commission, may by regulation 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.