Governor-General, acting as aforesaid.  

 

         (2)      No person shall be qualified to be appointed as a member of the Police Service Commission if he is a member of either House or a public officer.

 

         (3)      Subject to the provisions of Article 126 of this Constitution, the office of a member of the Police Service Commission shall become vacant-

 

                    (a)     at the expiration of three years from the date of his 

                    appointment  or at 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)      If the office of Chairman of the Police Service Commission is vacant or the holder thereof is for any reason unable to perform the function 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.

 

           (5)    If the office of a member of the Police Service Commission other than the Chairman is vacant or the holder thereof is for any reason unable to perform the functions thereof, 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 appointments 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 sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, 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.

 

119.   (1)   Power to make appointments to the office of Commissioner of Police and Deputy Commissioner of Police shall be vested in the Governor-General acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.

 

        (2)    Save as provided under paragraph (1) of this Article power to make appointments to offices in the Police Force of or above the rank of Assistant Commissioner of Police is vested in the Governor-General acting on the recommendation of the Prime Minister after consultation with the Police Service Commission.

 

         (3)     Save as provided in the preceding paragraphs of this Article, power to make appointments to offices in the Police Force of or above the rank of Inspector is vested in the Governor-General, acting on the advice of the Police Service Commission.

 

          (4)     There shall be in the Police Force such number of Police Promotion Boards, each consisting of officers in the Police Force above the rank of Inspector, as may be prescribed by regulations made under this paragraph.

 

         (5)      Power to make appointments to offices in the Police Force below the rank of Inspector shall be vested in the Commissioner of Police acting after consultation with a Police Promotion Board.

 

         (6)      Power to make posting and appointments on transfer within the Police Force of officers in that Force shall be vested in the Commissioner of Police.

 

120.   (1)     The Commissioner of Police and Deputy Commissioner of Police may be removed from office by the Governor-General but shall not be removed except in accordance with the provisions of paragraph (2) of this Article.

 

         (2)     The Commissioner of Police or Deputy Commissioner of Police 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 paragraph (3) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office.

 

         (3)     If the Prime Minister represented to the Governor-General that the question of removing the Commissioner of Police or Deputy Commissioner or Police from office ought to be investigated, then-

 

                  (a)      the Governor-General acting in accordance with the advice 

                  of the Prime Minister shall suspend the Commissioner of Police 

                  or Deputy Commissioner of Police from performing the functions 

                  of his office, as the case may be;

 

                  (b)      the Governor-General shall appoint a tribunal, which shall

                  consist of a chairman and not less than two other members, 

                  selected by the Governor-General, acting in accordance with the 

                  advice of the Judicial and Legal Service Commission, from among

                  persons who hold or have held or are eligible to hold high judicial 

                  office; and

 

                  (c)      the tribunal shall inquire into the matter and report on the

                  facts thereof to the Governor-General whether the Commissioner

                  of Police or Deputy Commissioner of Police ought to be removed 

                  from office.

         

          (4)    If the question of removing the Commissioner of Police or Deputy Commissioner of Police from office has been referred to a tribunal under paragraph (3) of this Article, the Governor-General shall revoke any such suspension if the tribunal recommends to the Governor-General that the Commissioner of Police or Deputy Commissioner of Police should not be removed from office.

 

121. (1)   Save as provided under Article 120 of this Constitution, power to remove and to exercise disciplinary control over persons holding or acting in the office of or above the rank of Assistant Commissioner in the Police Force is vested in the Governor-General acting in accordance with the advice of the Police Service Commission after consultation with the Prime Minister.

 

        (2)    Save as provided in Article 120 of this Constitution and paragraphs (1) and (3) of this Article, power to remove and exercise disciplinary control over persons holding or acting in office in the Police Force is vested in the Governor-General acting in accordance with the advice of the Police Service Commission.

 

        (3)    The following powers are vested in the Commissioner of Police-

 

                (a)     in respect of officer of or above the rank of Assistant

                Superintendent, the power to administer reprimands;

 

                (b)     in respect of Inspector, the power to exercise disciplinary

                control other than removal or reduction in rank; and

 

                (c)     in respect of officers below the rank of Inspector, the power

                to exercise disciplinary control including the power of removal.

 

         (4)    The Commissioner of Police may, by directions in writing, and subject to such conditions as he thinks fit, delegate to any officers of the Police Force of or above the rank of Inspector any of his powers under sub-paragraph (3)(c) of this Article other than the power of removal; but an appeal from any award of punishment by such officer shall lie to the Commissioner.

 

         (5)     Parliament may by law provide that an appeal shall lie to the Governor-General from a decision of the Commissioner of Police to remove or exercise disciplinary control over persons holding or acting in offices in the Police Force in such cases as may be prescribed by such law, and in determining any such appeal the Governor-General shall act in accordance with the advice of the Police Service Commission.

 

Part VI  

Pensions

 

122.   (1)    Subject to the provisions of Articles 123 and 124 of this Constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependents or personal representatives, of any pensions, compensation, gratuity or other like allowance (in this an "award") in respect of the service of that officer in a public office shall be that in force on the relevant date or any later law tat is not less favorable to that person.

 

         (2)    In paragraph (1) of this Article "the relevant date" means-

 

                (a)       in relation to an award granted before 10th July 1973, the date

                on which the award was granted;

 

                (b)       in relation to an award granted or to be granted on or after

                10th July 1973 to or in respect of any person who was a public officer

                before that date 9th July 1973;

 

                 (c)     in relation to an award granted or to be granted to or in respect

                 of any person who becomes a public officer on or after 10th July 1973,

                 the date on which he becomes a public officer.

 

         (3)    Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this Article, be deemed to be more favorable to him than the other law or laws.

 

         (4)     Awards granted under any law in respect of service in a public office (not being awards that are a charge upon some other public fund of The Bahamas) are hereby charged on the Consolidated Fund.

 

         (5)     For the purposes of this Article and of Articles 123 and 124 of this Constitution, service as a Justice of the Supreme Court or Justice of Appeal shall be deemed to be service in the public service.

 

123.   (1)    The power to grant any award under any pensions law for the time being in force in The Bahamas (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)    The power vested in the Governor-General by paragraph (1) of this Article 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 Justice of the Supreme Court or Justice of Appeal 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 misbehaviour.

 

          (4)     In this Article and in Article 124 of this Constitution "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 officer, was immediately 

                   before the date on which he ceased to hold public office serving-

 

                            (i)    as a Justice of the Supreme Court or Justice of Appeal;

 

                           (ii)    in any public office to which the provision of Article 117 

                           of this Constitution applied on that date,

 

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 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)  In this Article "pension law" means nay law relating to the grant to any person or to the widow, children, dependents or personal representatives of that person, of an award of any pension, compensation, gratuity or other like allowance in respect of the service of that person in a public office an includes any instrument make under any such law.

 

124. (1)   The provisions of this Article shall have effect for the purpose of enabling an officer or his personal representatives to appeal against any of the following decisions, that is to say:-

 

               (a)    a decision of the appropriate Service Commission embodying

               a recommendation in respect of an officer, under Article 123(2) of

               this Constitution, not to grant or to withhold, reduce in amount or 

               suspend, and award;

 

               (b)    a decision of any authority to remove an office from office if

               the consequence of the removal is that an award cannot be granted

               in respect of the officer's service in a public office; or

 

               (c)    a decision of any authority to take some other disciplinary action

               in relation to such an office if the consequence of the action is or in

               the opinion of the authority might be, to reduce the amount of any 

               award that may be grated in respect of the officer's service in a public

               office.

 

        (2)   Where any such decision as is referred to in paragraph (1) of this Article is taken by any Commission or authority, the Commission or authority shall cause to be delivered to the officer concerned, or to his personal representatives, a written notice of that decision stating the time, not being less than twenty-eight days from the date on which the notice is    delivered, within which he, or his personal representatives, may apply to the Commission or authority for the case to be referred to the Public Service Board of Appeal.

 

        (3)    The Board shall inquire into the facts of the case, and for that purpose-

 

                (a)     shall, if the applicant so requests in writing, hear the applicant

                either in person or by a legal representative of his choice, according 

                to the terms of the request, and shall consider any representations 

                that he wishes to make in writing;

 

                (b)     may hear any other person who, in the opinion of the Board, 

                is able to give the Board information on the case; and

 

                (c)     shall have access to, and shall consider, all documents that

                were available to the Commission or authority concerned and shall

                also consider any further document relating to the case that may be

                produced by or on behalf of the applicant or the Commission or 

                authority.

 

         (4)   When the Board has completed its consideration of the case, then-

 

                (a)    if the decision that is the subject of reference to the Board is 

                such a decision as is mentioned in sub-paragraph (1)(a) of this 

                Article, the Board shall advise the appropriate Service Commission 

                or authority whether the decision should be affirmed, reversed or 

                modified and the Commissioner authority shall act in accordance 

                with that advice; and

 

               (b)    if the decision that is the subject of the reference to the Board 

               is such a decision as is referred to in sub-paragraph (1)(b) of (c) of 

               this Article, the Board shall not have power to advise the Commission 

               or authority concerned to affirm, reverse or modify the decision but-

 

                       (i)      where the officer has been removed from office the Board

                       may direct that there shall be granted all or any part of the

                       award that, under any law, might have been granted in respect 

                       of his service in a public office if he had retired voluntarily at the 

                       date of his removal and may direct that any law with respect to

                       awards shall in any other respect that the Board may specify 

                       have effect as if he had so retired, and

 

                       (ii)     where some other disciplinary action has been taken in

                       relation to the office the Board may direct that, on the grant of

                       any award under any law in respect of the officer's service in a 

                       public office, that award shall be increased by such amount or 

                       shall be calculated in such manner as the Board may specify 

                       in order to offset all or any part of the reduction in the amount 

                       of that award that, in the opinion of the Board, would or might

                       otherwise be a consequence of the provisions of any other law.

 

        (5)    If the appeal relates to a case in which the officer exercises his right of appeal to the Board under Article 115(1) of this Constitution, the Board shall first consider his appeal under that Article and only if it decides to affirm the decision or to make some other decision the consequence of which would be to affect the officer's award, shall the Board proceed to consider the officer's appeal under this Article.

 

        (6)    For the purposes of this Article-

 

                (a)   "legal representative" means a person entitled to practice in

                The Bahamas as a Counsel and Attorney of the Supreme Court; 

                and

 

                (b)    a notice shall be deemed to have been delivered to an office one

                 week after it has been posted if, in the case of an officer on pension

                 and resident outside The Bahamas whose residential address cannot 

                 be ascertained, it has been posted addressed to him at the address 

                 to  which his pension is being paid.