Revised Laws of Saint Lucia (2021)

PART 1

The Teaching Service Commission

3.   Teachers' Service Commission

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   (1)   There is hereby established a Teaching Service Commission which shall consist of a Chairperson and not less than 2 nor more than 4 other members, who shall be appointed by the Governor General, acting in accordance with the advice of the Minister, by instrument under the Public Seal.

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   (2)   A person shall not normally be qualified to be appointed as a member of the Commission if—

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      (a)     he or she is a manager of a school;

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      (b)     he or she is a member of the House of Assembly;

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      (c)     he or she is or has at any time during the 3 years immediately preceding his or her appointment been a teacher; or

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      (d)     he or she is a member of the public service.

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   (3)   A member of the Commission shall not, within the period of 3 years commencing with the day on which he or she last held or acted in the office of member of the Commission, be eligible for appointment or to act as a teacher.

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   (4)   Subject to the provisions of this section, the office of a member of the Commission shall become vacant—

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      (a)     at the expiration of 3 years from the date of his or her appointment or such earlier time as may be specified in the instrument by which he or she is appointed;

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      (b)     if any circumstances arise that, if he or she were not a member of the Commission, would cause him or her to be disqualified to be appointed as such under subsection (2).

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   (5)   A member of the Commission may be removed from office only for inability to exercise the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.

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   (6)   A member of the Commission shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (7) and the tribunal has recommended to the Governor General that he or she ought to be removed from office for inability as aforesaid or for misbehaviour.

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   (7)   If the Minister represents to the Governor General that the question of removing a member of the Commission under this section ought to be investigated, then—

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      (a)     the Governor General shall appoint a tribunal which shall consist of a chairperson and not less than 2 other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and

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      (b)     the tribunal shall enquire into the matter and report on the facts thereof to the Governor General and recommend to him or her whether the member ought to be removed under this section.

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   (8)   If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor General, acting in accordance with the advice of the Minister, may suspend that member from the exercise of the functions of his or her office and any such suspension may at any time be revoked by the Governor General acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor General that the member should not be removed.

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   (9)   If the office of chairperson of the Commission is vacant or if the person holding that office is for any reason unable to exercise the functions of his or her 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 exercised by such one of the other members of the Commission as may be designated in that behalf by the Governor General, acting in accordance with the advice of the Minister.

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   (10)   If at any time there are less than 2 members of the Commission besides the chairperson or if any such member is acting as chairperson or is for any reason unable to exercise the functions of his or her office, the Governor General, acting in accordance with the advice of the Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (4), continue to act until the office in which he or she is acting has been filled or, as the case may be, until the holder thereof has resumed his or her functions or until his or her appointment to act has been revoked by the Governor General, acting in accordance with the advice of the Minister.

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   (11)   A member of the Commission shall not enter upon the duties of his or her office until he or she has taken and subscribed to the oath of office set out in Schedule 1.

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   (12)   The Commission shall, in the exercise of its functions under this Act, not be subject to the direction or control of any other person or authority.

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   (13)   The Commission may by regulation or otherwise regulate its own procedure and, with the consent of the Minister, may confer powers or impose duties on any teacher, or on any authority of the Government of Saint Lucia for the purpose of the exercise of its functions.

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   (14)   The Commission may, subject to its rules of procedure, act despite any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any persons not entitled to be present at or to participate in those proceedings.

However, any decision of the Commission shall require the concurrence of a majority of all its members.