Revised Laws of Saint Lucia (2021)

PART 2

The Teaching Service Board of Appeal

5.   Establishment of Board of Appeal

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   (1)   There shall be a Teaching Service Board of Appeal for Saint Lucia (hereinafter referred to as “the Board”) which shall consist of—

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      (a)     one member appointed by the Governor General, who shall be chairperson;

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      (b)     one member appointed by the Governor General, acting in accordance with the advice of the Minister;

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      (c)     two members appointed by the Governor General, after consultation with the Saint Lucia Teachers' Union on the one hand and with representatives of staffs of Government and assisted secondary schools on the other;

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      (d)     one member appointed by the Governor General after consultation with the principals of Government and assisted schools.

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   (2)   A person shall not be qualified for appointment as a member of the Board if he or she is a member of the House of Assembly and a person shall not be qualified for appointment under subsection (1)(c) unless he or she has been a teacher.

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

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      (a)     at the expiration of 3 years from the date of his or her appointment; or

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

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   (4)   A member of the Board 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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   (5)   A member of the Board 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 (6) 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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   (6)   If the Governor General considers that the question of removing a member of the Board 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 by 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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   (7)   If the question of removing a member of the Board has been referred to a tribunal under this section, the Governor General 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 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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   (8)   

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      (a)     If at any time any member of the Board is for any reason unable to exercise the functions of his or her office, the Governor General may after consultation with the appropriate body appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall, subject to the provisions of subsection (3), 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.

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      (b)     In any case where the member of the Board who is unable to exercise the functions of his or her office was appointed under subsection (1)(b), the Governor General shall act in accordance with the advice of the Minister.

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   (9)   The Board 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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   (10)   In the exercise of the powers conferred upon him or her by this section the Governor General shall, except where it is otherwise expressly provided in this section, act in his or her own deliberate judgment.