Revised Laws of Saint Lucia (2023)

18.   Provision as to holders of offices

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   (1)   Words in an enactment passed or made after the commencement of this Act which authorise the appointment of a person to any office and declare that this subsection shall apply to that appointment shall be deemed also to confer on the authority in whom the power is vested—

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      (a)     power, at the discretion of the authority, to remove or suspend the person; and

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      (b)     power, exercisable in the like manner and subject to the like consent and conditions, if any, applicable on the person's appointment—

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         (i)     to reappoint or reinstate him or her,

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         (ii)     to appoint another person in his or her stead or to act in his or her stead and to provide for the remuneration of the person so appointed,

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         (iii)     to fix or vary the person's remuneration, to withhold his or her remuneration in whole or in part during any period of suspension from office, and to terminate his or her remuneration on his or her removal from office,

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   but where the power of appointment is exercisable only upon the recommendation or subject to the approval, consent or concurrence of some other authority or person the power of removal shall be exercised only upon the recommendation or subject to the approval, consent or concurrence of that other authority or person.

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   (2)   In an enactment a reference, without qualification, to the holder of any office shall include a reference to any person holding that office, and, in particular—

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      (a)     words in an enactment directing or empowering the holder of an office to do any act or thing, or otherwise applying to him or her by the name of his or her office, shall apply to his or her successors in office and to his or her or their deputy;

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      (b)     where an enactment confers a power or imposes a duty on the holder of an office, as such, the power may be exercised and the duty shall be performed by the person charged with the execution of the powers and duties of the office.

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   (3)   Where the change of title of any public officer is notified in the Gazette by a Government Notice setting out the former title and the substituted title of such officer, a reference to the former title in any enactment and in any document made or issued under such enactment shall be construed as a reference to the substituted title.

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   (4)   Where by or under any enactment any functions are conferred upon a public officer, the Governor General may direct that, if by reason of absence or incapacity through illness or any other cause that officer is during any period unable to perform those functions, such functions shall be performed by a public officer or person designated by the Governor General, and during any such period the public officer or person so designated shall perform such functions, subject to such conditions, exceptions and qualifications as the Governor General may direct.

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   (5)   Despite anything in any enactment, where the substantive holder of a public office (in this section referred to as “the retiring officer”) is on leave of absence pending relinquishment of that office, another person may be appointed substantively to that office; and a person so appointed may perform all the functions of that office to the exclusion of the retiring officer, and, without prejudice to any rights or privileges of the retiring officer, shall be entitled to all rights and privileges (including those relating to emoluments and pension) appertaining to the office.