Revised Laws of Saint Lucia (2021)

Schedule 3

(Section 113)

TO THE CONSTITUTION

MATTERS NOT SUBJECT TO INVESTIGATION BY PARLIAMENTARY COMMISSIONER

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   1.   Action taken in matters certified by the Attorney General to affect relations or dealings between the Government and the Government of any country or territory other than Saint Lucia or any international organisation.

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   2.   Action taken in any country or territory outside Saint Lucia by or on behalf of any officer representing or acting under the authority of the Government.

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   3.   Action taken under any law relating to extradition or fugitive offenders.

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   4.   Action taken for the purposes of investigating crime or of protecting the security of Saint Lucia.

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   5.   The commencement or conduct of civil or criminal proceedings before any court of law having jurisdiction in Saint Lucia or before any international court or tribunal.

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   6.   Any exercise of the prerogative of mercy.

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   7.   Action taken in matters relating to contractual or other commercial transactions, being transactions of a department of government or an authority to which section 112 applies but not being transactions for or relating to—

   1.  

      (a)     the acquisition of land compulsorily or in circumstances in which it could be acquired compulsorily;

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      (b)     the disposal as surplus of land acquired compulsorily or in circumstances in which it could have been acquired compulsorily.

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   8.   Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to service in any office or employment in the public service or under any authority as may be prescribed by law.

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   9.   Any matter relating to any person who is or was a member of the armed forces of Saint Lucia in so far as the matter relates to—

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      (a)     the terms and conditions of his or her service as such; or

   1.  

      (b)     any order, command, penalty or punishment given to or affecting him or her in his or her capacity as such.

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   10.   Any action which by virtue of any provision of this Constitution may not be enquired into by any court of law.

CHAPTER 1.01
CONSTITUTION OF SAINT LUCIA

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

House of Assembly Review of Constituency Boundaries Order – Section 58

(Statutory Instrument 39/1973)

Statutory Instrument 39/1973 .. in force 30 November 1973 (S.I. 42/1973)

ARRANGEMENT OF ORDERS

HOUSE OF ASSEMBLY REVIEW OF CONSTITUENCY BOUNDARIES ORDER – SECTION 58

Commencement [30 November 1973]

Whereas under subsection 2 of the Constitution provision is made for the appointment of a Standing Committee of the House (hereinafter referred to as the Committee) for the purpose of keeping under review—

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   (a)     the number of constituencies into which Saint Lucia is divided; and

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   (b)     the boundaries of such constituencies:

And Whereas under subsection 4 of section 49 of the Constitution the Committee is further charged with the responsibility of submitting to the House a report of its recommendations:

And Whereas in accordance with subsection (4) of section 49 of the Constitution the Committee on 9 November 1973 submitted to the House a report in which it recommends that Saint Lucia be divided into 17 constituencies, the boundaries of which are delineated in the Schedule of the said Report:

And Whereas it is Provided by subsection (7) of section 49 of the Constitution that as soon as practicable after the submission of any report the Minister shall lay before the House for its approval a draft of an Order to be made by the Governor for giving effect to the Report whether with or without modifications to the recommendations contained in the report:

And Whereas a draft of this Order giving effect to recommendations contained in the report of the Committee was laid before the House for its approval by the Minister designated for this purpose on 30 November 1973 and was approved by resolution of the House on 30 November 1973:

1.   Citation

This Order may be cited as the House of Assembly (Review of Constituency Boundaries) Order.

2.   Number of Constituencies

Saint Lucia is hereby divided into 17 constituencies; the boundaries whereof are defined in the Schedule to this Order.

3.   Application of Order

An electoral district as provided for by section 3 of the House of Assembly Elections Act shall mean a constituency as defined in this Order.

Schedule

House of Assembly (Review of Constituency Boundary) Order – Section 58

(Statutory Instrument 9/1987)

Statutory Instrument 9/1987 .. in force 11 March 1987 (S.I. 11/1987)

ARRANGEMENT OF ORDERS

HOUSE OF ASSEMBLY (REVIEW OF CONSTITUENCY BOUNDARY) ORDER – SECTION 58

Commencement [11 March 1987]

Whereas under section 58(1) of the Saint Lucia Constitution Order 1978 of the United Kingdom it is provided inter alia that the Constituency Boundaries Commission (hereinafter referred to as the Commission) shall review the number and boundaries of the constituencies into which Saint Lucia is divided;

And Whereas under the said subsection the Commission is further charged with the responsibility of submitting to the Governor General a report of its recommendations;

And Whereas it is provided by section 58(3) of the Constitution that as soon as practicable after the submission of a report by the Commission the Governor General shall make a draft Order for giving effect, whether with or without modifications, to the recommendations contained in the report;

And Whereas a draft of this Order giving effect to the recommendations contained in the report of the Committee was laid before the House for its approval by the Minister designated for this purpose on 3 February 1987 and was approved by resolution of the House on 3 February 1987;

1.   Citation

This Order may be cited as the House of Assembly (Review of Constituency Boundary) Order 1987.

2.   Review of Constituency Boundaries

The boundaries of the electoral districts of “Soufriere”, “Choiseul - Fond St. Jacques”, and “Laborie - Saltibus” have been reviewed and the boundaries defined in the Schedule are substituted therefor.

Schedule

House of Assembly (Review of Constituency) Order – Section 58

(Statutory instrument 51/2001)

Statutory Instrument 51/2001 .. in force 12 November 2001 (S.I. 123/2001)

ARRANGEMENT OF ORDERS

HOUSE OF ASSEMBLY (REVIEW OF CONSTITUENCY) ORDER – SECTION 58

Commencement [12 November 2001]

Whereas under section 58(1) of the Saint Lucia Constitution Order 1978 of the United Kingdom it is provided inter alia that the Constituency Boundaries Commission (hereinafter referred to as the Commission) shall review the number and boundaries of the constituencies into which Saint Lucia is divided;

And Whereas under the said subsection the Commission is further charged with the responsibility of submitting to the Governor General a report of its recommendations;

And Whereas it is provided by section 58(3) of the Constitution that as soon as practical after the submission of a report by the Commission the Governor General shall make a draft Order for giving effect, whether with or without modifications, to the recommendations contained in the report;

And Whereas a draft of this Order giving effect to the recommendations contained in the report of the Committee was laid before the House for its approval by the Minister designated for this purpose on 20 March 2001 and was approved with modifications by Resolution of the House on 20 March 2001;

1.   Citation

This Order may be cited as the House of Assembly (Review of Constituency Boundary) Order.

2.   Review of Constituency Boundaries

The boundaries of the electoral districts of

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   (a)     Castries Central

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   (b)     Castries North-East

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   (c)     Castries North-West/Babonneau;

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   (d)     Castries East;

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   (e)     Vieux Fort South;

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   (f)     Vieux-Fort North;

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   (g)     Dennery South;

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   (h)     Dennery North

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   have been reviewed and the boundaries defined in the Schedule are substituted therefor.

Schedule

Public Service Board of Appeal Regulations

(Statutory Instrument 21/1982)

Statutory Instrument 21/1982 .. in force 27 March 1982 (Gazette notice 227/1982)

ARRANGEMENT OF REGULATIONS

PART 1
PRELIMINARY

PART 2
PROCEDURE AT MEETINGS

PART 3
APPEALS

PART 4
SITTINGS ON APPEALS AND DECISIONS

PUBLIC SERVICE BOARD OF APPEAL REGULATIONS – SECTION 96

Commencement [27 March 1982.]

PART 1
PRELIMINARY

1.   Citation

These Regulations may be cited as the Public Service Board of Appeal Regulations.

2.   Definition

In these Regulations, unless the context otherwise requires—

“appellant” means a public officer who has brought an appeal;

“Board” means the Public Service Board of Appeal constituted by section 95 of the Constitution;

“chairperson” means the chairperson of the Board;

“Constitution” means the Constitution of Saint Lucia;

“establishment officer” means the public officer performing the functions of permanent secretary (Personnel);

“officer” means public officer;

“public officer” has the meaning assigned to it by section 124(1) of the Constitution;

“public service” has the meaning assigned to it by section 124(1) of the Constitution;

“representative” means a public officer or a person entitled to practice as a legal practitioner in Saint Lucia; or any person so chosen by the appellant;

“secretary” means the person performing the functions of the office of secretary of the Board.

PART 2
PROCEDURE AT MEETINGS

3.   Meetings

Subject to these Regulations, the Board may meet for the despatch of business, adjourn and otherwise regulate their meetings, as they think fit. Meetings shall be held at such place and time and on such days as the chairperson may determine.

4.   Special Meetings

The chairperson shall call a special meeting of the Board within 4 days of receipt of a written requisition for that purpose addressed to him or her by any 2 members of the Board.

5.   Notice of Meetings and presiding at Meetings

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   (1)   The Secretary shall give to every member of the Board notice of a meeting of the Board 48 hours before the time appointed for holding the meeting.

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   (2)   The chairperson shall preside at meetings of the Board. If at any meeting the chairperson is not present within 15 minutes of the time appointed for holding the meeting the members present may choose one among themselves to preside at that meeting.

6.   Quorum

The chairperson and 2 other members of the Board shall form the quorum. In the absence of the chairperson 3 other members of the Board shall form a quorum.

7.   Voting

Questions arising at any meeting of the Board shall be decided by a majority of votes.

8.   Minutes

The secretary shall attend every meeting of the Board and shall keep minutes thereof in such form as the chairperson may direct. Minutes shall be confirmed at a subsequent meeting.

PART 3
APPEALS

9.   Right of Appeal

Subject to regulation 10 of these Regulations, an appeal shall lie to the Board from any of the decisions mentioned in section 96(5)(c) of the Constitution at the instance of the public officer in respect of whom the decision is made.

10.   Exemption from Appeal

An appeal shall not lie to the Board from a decision mentioned in section 96(5)(c) of the Constitution where—

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   (a)     that decision is in respect of an officer holding a non-pensionable office whose emoluments do not exceed $2,400 per year; or

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   (b)     the only reason for the appeal from that decision is that it is too severe, except where such decision is a decision—

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      (i)     to remove an officer from his or her office, or

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      (ii)     to appoint him or her to an office whose emoluments are less than the emoluments of the office which he or she held immediately before the relevant decision.

11.   Notice of Appeal and Reasons

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   (1)   An appeal to the Board shall be by notice in writing signed by the appellant or by his or her representative.

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   (2)   Every notice of appeal shall be dated as of the day on which it is signed and shall state—

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      (a)     the name of the appellant;

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      (b)     his or her office;

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      (c)     the date of the decision from which he or she desires to appeal;

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      (d)     the person or authority from whose decision he or she desires to appeal;

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      (e)     the date on which he or she received notice of that decision;

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      (f)     the decision which he or she seeks from the Board;

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      (g)     an address to which any notice or other document may be sent to him or her by or on behalf of the Board; and

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      (h)     the reasons in detail for the appeal.

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   (3)   A notice of appeal may be in the form set out in Appendix “A” to these Regulations.

12.   Bringing Appeal

Subject to regulation 30 of these Regulations, an appeal to the Board shall be brought if the appellant gives to the secretary, not later than 21 days after the day on which the decision from which he or she desires to appeal is given, a notice of appeal in accordance with regulation 11 of these Regulations.

13.   Giving Notice of Appeal

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   (1)   The secretary shall publish in the Gazette an address where notices of appeal may be given to him or her under these Regulations.

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   (2)   A notice of appeal shall be given to the secretary either personally, or by sending it by post to the address published under regulation 13(1) and in such a case is considered to be effected by properly addressing, preparing and posting a letter containing the notice, and to have been effected at the time at which such letter was so posted.

14.   Notifications of Appeal

Upon receiving a notice of appeal, the secretary, shall as soon as practicable—

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   (a)     enter on the notice the date of receipt;

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   (b)     inform the chairperson of his or her receipt of the same; and

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   (c)     send a copy of the notice to—

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      (i)     the establishment officer,

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      (ii)     the secretary of the Public Service Commission,

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      (iii)     where the appellant is not a permanent secretary or head of a department of Government, to the permanent secretary of the Ministry to which the appellant is attached or to his or her head of department, as the case may be;

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   (d)     notify the appellant in writing of the receipt of the notice of appeal and of the date of such receipt.

15.   The Record

As soon as possible after he or she has received a copy of a notice of appeal, the secretary of the Public Service Commission shall send to the secretary 5 copies of each of the following documents (hereinafter referred to as the record)—

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   (a)     the charges relating to the appeal;

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   (b)     the proceedings at any inquiry held on the aforesaid charges (including statements of the Appellant and of witnesses, if any);

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   (c)     the documents and exhibits if any, produced at the said inquiry;

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   (d)     the report of the person who held the said inquiry;

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   (e)     the decision appealed against; and

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   (f)     any other document required by the Board.

16.   Transmitting Record

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   (1)   As soon as possible after he or she has received the record relating to an appeal, the secretary shall send one copy thereof to each of the following persons—

   1.  

      (a)     the chairperson;

   1.  

      (b)     every other member of the Board entitled to sit for the purpose of hearing and determining the appeal;

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      (c)     the establishment officer; and

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      (d)     the appellant.

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   (2)   The appellant's copy of the record shall be sent to him or her either by handing it to him or her personally, or by sending it by registered post to him or her to the address supplied by him or her under regulation 11(2)(g) and, in such a case, shall be deemed to be effected by properly addressing and posting to him or her a sealed envelope containing a copy of the record.

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   (3)   The establishment officer's copy of the record is considered to be duly sent to him or her either by handing it to him or her personally, or by properly addressing to him or her a sealed envelope enclosing a copy of the record and by leaving the same at his or her office with an officer attached thereto.

PART 4
SITTINGS ON APPEALS AND DECISIONS

17.   Definition

“Member” in relation to an appeal means a member of the Board entitled to sit for the purpose of hearing and determining that appeal; and

“Board” in relation to an appeal means the member of the Board entitled to sit for the purpose of hearing and determining that appeal.

18.   Constitution of Board for Appeals

A sitting of the Board for the purpose of hearing and determining an appeal shall be duly constituted if the members of the Board sitting on that appeal shall comprise—

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   (a)     the chairperson and all the members;

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   (b)     the chairperson and one member; or

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   (c)     two members (neither of whom is the chairperson).

19.   Decisions

Every decision of the Board in an appeal shall be in writing and shall require the concurrence of—

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   (a)     a majority of all the members sitting on that appeal where the Board is constituted by 3 members;

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   (b)     all the members sitting on that appeal, where the Board is constituted by 2 members.

20.   Chairperson to preside at sittings

Whenever the chairperson sits on an appeal, he or she shall preside at the sitting.

21.   Time and place of sittings

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   (1)   Sittings of the Board for the hearing and determination of appeals shall be held at such times and at such places as the chairperson may appoint.

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   (2)   Sittings of the Board shall be held in private.

22.   Publication of sittings

The Secretary shall, whenever practicable, cause notice of the day, time and place of every sitting of the Board to be published in the Gazette at least 7 days before the commencement of the sitting.

23.   Notices of hearings of Appeals

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   (1)   The Secretary shall give to every Appellant notice in writing of the day, time and place of the hearing of his or her appeal at least 7 days before the commencement of the hearing.

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   (2)   A notice under this regulation shall be given to an appellant either personally or by sending it by registered post to the address supplied by him or her under regulation 11(2)(g) and, in such a case, is considered to be effected by properly addressing and posting to him or her a sealed envelope containing the notice.

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   (3)   A notice under this regulation shall be given to the establishment officer either personally, or by properly addressing to him or her a sealed envelope containing the notice and by leaving the same at his or her office with an officer attached thereto.

24.   Adjournments

The Board may adjourn its proceedings as it considers fit.

25.   Appearance of Appellant

In proceedings before the Board an appellant shall appear either in person or by a representative.

26.   Respondent

In every appeal the establishment officer shall be the respondent and in proceedings before the Board he or she may appear either in person or by a representative.

27.   Absence of Appellant at hearing

If at the hearing of an appeal an appellant fails to appear either in person or by a representative, the Board may either adjourn the appeal, or strike it out, or dismiss it, or proceed to hear it in the absence of the appellant as it appears to the Board to be just and proper.

28.   Appeals by way of re-hearing

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   (1)   Subject to the provisions of section 96(3) of the Constitution and of this regulation, an appeal to the Board shall be by way of re-hearing.

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   (2)   Despite the provisions of regulation 28(1), proceedings before the Board shall, as a rule, be a re-hearing on the documents constituting the record of appeal (referred to in regulation 15 of these Regulations).

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   (3)   For the purpose of an appeal the Board may, if it thinks it necessary or expedient so to do—

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      (a)     order any public officer to produce any document, exhibit and other thing connected with the proceedings and production of which appears to the Board to be necessary for the determination of the appeal;

   1.  

      (b)     order any public officer to attend and be examined before the Board whether that officer was or was not called to be examined before the person or authority, if any, which inquired into the charges laid against the Appellant.

29.   Notification of decisions

1.  

   (1)   As soon as possible after the Board has decided an appeal, the Secretary shall send a copy of the decision to—

   1.  

      (a)     the appellant;

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      (b)     (where the appellant is not a permanent secretary or head of a department of Government) the permanent secretary of the Ministry to which the appellant is attached or to his or her Head of Department, as the case may be;

   1.  

      (c)     the establishment officer;

   1.  

      (d)     the Director of Finance and Planning, where he or she is not an officer to whom notice is required to be given under 1(b) of this regulation;

   1.  

      (e)     the secretary of the Public Service Commission.

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   (2)   A copy of a decision of the Board shall be sent to an Appellant either by delivering it to him or her personally or by posting it to him or her in the manner provided by regulation 23(3).

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   (3)   A copy of a decision required under this Regulation to be sent to any officer other than an Appellant shall be deemed to be duly sent to that officer if it is delivered to him or her personally or if it is left for him or her in the manner provided by Regulation 23(4).

30.   Extension of time to appeal

1.  

   (1)   The Board may extend the time within which an appeal shall be brought under these Regulations.

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   (2)   An application to extend the time within which an appeal shall be brought under these Regulations shall be in writing and the provisions of the preceding Regulations of this Part relating to appeals shall, with necessary modifications, apply to an application under this regulation in the same way as they apply to notices of appeal and to the proceedings in appeals.

1.  

   (3)   An application to extend the time within which an appeal shall be brought may be in the form set out in Appendix “B” to these Regulations.

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   (4)   Where the Board extends the time within which an appeal shall be brought, the application to extend such time shall be treated as a notice of appeal.

31.   Procedure in matters provided for

Subject to the provisions of the Constitution and of these Regulations, the procedure in appeals shall be determined by the members of the Board.

32.   Failure of Officers to abide by these Regulations

Any officer who is required by these Regulations or by the Board to do any act or to produce any document, exhibit or other thing or to attend or to be examined before the Board and who without reasonable cause, fails or neglects so to do, is guilty of misconduct.

Appendix A

Appendix B

Saint Lucia Constitution Order 1978

(Statutory Instrument 1978 No. 1901 (UK))

Statutory Instrument 1978 No. 1901 (U.K.) .. in force 22 February 1979

ARRANGEMENT OF ORDERS

SAINT LUCIA CONSTITUTION ORDER 1978

Made — — — — — — 20 December 1978

Coming into Operation 22 February 1979

Commencement [22 February 1979]

At the Court at Buckingham Palace, the 20 December 1978

Present,

The Queen's Most Excellent Majesty in Council

Whereas the status of association of Saint Lucia with the United Kingdom is to terminate on 22 February 1979 and it is necessary to establish a new constitution for Saint Lucia upon its attainment of fully responsible status within the Commonwealth:

And whereas the Associated State of Saint Lucia has, by a resolution passed in the House of Assembly thereof on 24 October 1978, requested and consented to the making of this Order for that purpose:

Now, therefore, Her Majesty, by virtue and in exercise of the powers vested in Her in that behalf by section 5(4) of the West Indies Act 19671967 c. 4., is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows—

1.   Citation and commencement

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   (1)   This Order may be cited as the Saint Lucia Constitution Order 1978.

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   (2)   This Order shall come into operation on 22 February 1979.

2.   Revocation

The Saint Lucia Constitution Order 1967S.I. 1967/229., which made provision for the constitution of the Associated State of Saint Lucia, is revoked.

3.   Establishment of Constitution

The Constitution of Saint Lucia set out in Schedule 1 to this Order shall come into effect in Saint Lucia at the commencement of this Order subject to the transitional provisions set out in Schedule 2 to this Order.

N. E. Leigh,

Clerk of the Privy Council.

Schedule 1
to the Order

THE CONSTITUTION OF SAINT LUCIA

Editor's note: Schedule 1 to the Order is the Constitution of Saint Lucia. It appears at the beginning of this Chapter.

Schedule 2
to the Order

TRANSITIONAL PROVISIONS

ARRANGEMENT OF PARAGRAPHS

1.   Discharge of Governor General's functions

Until such time as a person has assumed office as Governor General having been appointed as such in accordance with section 19 of the Constitution, the person who immediately before the commencement of the Constitution held office as Governor of Saint Lucia (or, if there is no such person, the person who was then acting as Governor) shall discharge the functions of the office of Governor General.

2.   Existing laws

1.  

   (1)     The existing laws shall, as from the commencement of the Constitution, be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution and the Supreme Court Order.

1.  

   (2)     Where any matter that falls to be prescribed or otherwise provided for under the Constitution by Parliament or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this section), that prescription or provision shall, as from the commencement of the Constitution, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the Constitution and the Supreme Court Order) as if it had been made under the Constitution by Parliament or, as the case may require, by the other authority or person.

1.  

   (3)     The Governor General may by order made at any time before 31 December 1980 make such alterations to any existing law as may appear to him or her to be necessary or expedient for bringing that law into conformity with the provisions of the Constitution and the Supreme Court Order or otherwise for giving effect or enabling effect to be given to those provisions.

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   (4)     The provisions of this paragraph shall be without prejudice to any powers conferred by the Constitution or by any other law upon any person or authority to make provision for any matter, including the alteration of any existing law.

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   (5)     For the purposes of this paragraph, the expression “existing law” means any Act, Ordinance, rule, regulation, order or other instrument made in pursuance of or continued in force by or under the former Constitution and having effect as a law immediately before the commencement of the Constitution.

3.   Parliament

1.  

   (1)     Until other constituencies are established for Saint Lucia by order in pursuance of section 58 of the Constitution and the order has come into effect there shall, for the purposes of the election of members of the House, be 17 constituencies having the same boundaries as the constituencies into which Saint Lucia is divided immediately before the commencement of the Constitution for the purpose of the election of elected members of the House under the former Constitution and those constituencies shall be deemed to have been established under that section.

1.  

   (2)     The persons who, immediately before the commencement of the Constitution, are elected members of the House under the former Constitution shall, as from the commencement of the Constitution, be deemed to have been elected in pursuance of the provisions of section 33 of the Constitution in the respective constituencies corresponding to the constituencies by which they were returned to the House and shall hold their seats in the House in accordance with the provisions of the Constitution.

1.  

   (3)     The persons who, immediately before the commencement of the Constitution, are nominated members of the House under the former Constitution shall vacate their seats in the House at the commencement of the Constitution but shall be eligible for appointment as Senators in pursuance of the provisions of section 24 of the Constitution.

1.  

   (4)     The persons who, immediately before the commencement of the Constitution, are respectively the Speaker and the Deputy Speaker and the Leader of the Opposition shall be deemed as from the commencement of the Constitution to have been elected as Speaker and Deputy Speaker or, as the case may be, appointed as leader of the Opposition in accordance with the provisions of the Constitution and shall hold office in accordance with those provisions.

1.  

   (5)     Until Parliament otherwise provides, any person who holds or acts in any office the holding of which would, immediately before the commencement of the Constitution, have disqualified him or her for membership of the House under the former Constitution shall be disqualified to be elected as a member of the House or appointed as a Senator as though provisions in that behalf had been made in pursuance of sections 26 and 32 of the Constitution.

1.  

   (6)     The rules of procedure of the House under the former Constitution as in force immediately before the commencement of the Constitution shall, until it is otherwise provided by the House under section 53(1) of the Constitution be the rules of procedure of the House but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.

1.  

   (7)     Subject to the provisions of section 55 of the Constitution, Parliament shall, unless sooner dissolved, stand dissolved on 6 June 1979 (that is to say, 5 years from the first sitting of the House after the last dissolution of Parliament under the former Constitution).

1.  

   (8)     For the purposes of section 58(2) of the Constitution, a report of the Constituency Boundaries Commission shall be deemed to have been submitted on 19 November 1973 (that is to say, the date of the submission of the last report of the Standing Committee of the House under section 49 of the former Constitution).

4.   Ministers and Parliamentary Secretaries

1.  

   (1)     The person who, immediately before the commencement of the Constitution, holds the office of Premier under the former Constitution shall as from the commencement of the Constitution, hold office as Prime Minister as if he or she had been appointed thereto under section 60 of the Constitution.

1.  

   (2)     The persons who, immediately before the commencement of the Constitution, hold office as Ministers (other than the Premier) or as Parliamentary Secretaries under the former Constitution shall, as from the commencement of the Constitution hold the like offices as if they had been appointed thereto under section 60 or 68 of the Constitution.

1.  

   (3)     Any person holding the office of Prime Minister or other Minister by virtue of the provisions of sub-paragraphs (1) and (2) of this paragraph who, immediately before the commencement of the Constitution, was charged under the former Constitution with responsibility for any matter or any department of government, shall, as from the commencement of the Constitution, be deemed to have been assigned responsibility for that matter or department under section 62 of the Constitution.

5.   Office of Attorney General

1.  

        Until Parliament or, subject to the provisions of any law enacted by Parliament, the Governor General, acting in accordance with the advice of the Prime Minister, otherwise decides, the office of Attorney General shall be a public office.By statutory instrument 41/1997, the office of Attorney General was declared a public office “with effect from 15 June 1997.”

6.   Existing public officers

1.  

        Subject to the provisions of the Constitution, every person who immediately before the commencement of the Constitution holds or is acting in a public office under the former Constitution shall, as from the commencement of the Constitution, continue to hold or act in that office or the corresponding office established by the Constitution as if he or she had been appointed thereto in accordance with the provisions of the Constitution:

1.  

        Provided that any person who under the former Constitution or any other law in force immediately before such commencement would have been required to vacate his or her office at the expiration of any period shall vacate his or her office at the expiration of that period.

7.   Oaths

1.  

        Until such time as the oath of allegiance, the oath of secrecy or, in relation to any office, the oath of office is prescribed by law, that oath may be taken in the form prescribed immediately before the commencement of the Constitution.

8.   Supreme Court Order

1.  

        The West Indies Associated States Supreme Court Order 1967 S.I. 1967/223., in so far as it has effect as a law, may be cited as the Supreme Court Order and for the purposes of the Order or any other law—

   1.  

      (a)     the Supreme Court established by that Order shall, unless Parliament otherwise provides, be styled the Eastern Caribbean Supreme Court; and

   1.  

      (b)     references in that Order to the Premier of Saint Lucia or to the Premier of any other independent state shall be construed as references to the Prime Minister of Saint Lucia or, as the case may be, to the Prime Minister of that other state.

9.   Appeals Order

1.  

        The West Indies Associated States (Appeals to Privy Council) Order 1967 S.I. 1967/224. may, in its application to Saint Lucia, be cited as the Saint Lucia Appeals to Privy Council Order and shall, to the extent that it has effect as a law, have effect as if the expression “Courts Order” included any law altering the Supreme Court Order and as if section 3 were revoked.

10.   Protection from inhuman treatment

1.  

        Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 5 of the Constitution to the extent that the law in question authorises the infliction of any description of punishment that was lawful in Saint Lucia immediately before 1 March 1967 (being the date on which Saint Lucia became an associated state).

11.   Commonwealth citizen

1.  

        Until such time as Parliament otherwise prescribes, the expression “Commonwealth citizen” shall have the meaning assigned to it by the British Nationality Act 1948 or any Act of the Parliament of the United Kingdom altering that Act.

12.   Interpretation

1.  

   (1)     In this Schedule—

“the Constitution” means the Constitution set out in Schedule I of this Order;

“the former Constitution” means the Constitution in force immediately before the commencement of this Order.

1.  

   (2)     The provisions of section 124 of the Constitution shall apply for the purposes of interpreting this Schedule and otherwise in relation thereto as they apply for the purposes of interpreting and in relation to the Constitution.

Letters Patent Instituting Saint Lucia

Gazette Notice 963/1986 .. in force 13 December 1986

Gazette Notice 964/1986 .. in force 13 December 1986

Gazette Notice 965/1986 .. in force 13 December 1986

Gazette Notice 971/1986 .. in force 13 December 1986

Gazette Notice 972/1986 .. in force 13 December 1986

Gazette Notice 975/1986 .. in force 13 December 1986

LETTERS PATENT INSTITUTING SAINT LUCIA

HONOURS AND DECORATIONS

Having received advice of the issue by Her Majesty The Queen of a Warrant under the sign manual authorising The Governor-General to sign and seal with the Public Seal of Saint Lucia Letters Patent in Her Name and on Her behalf instituting Saint Lucia Honours and Decorations to take effect from the 13th day of December, 1986, His Excellency The Governor General has accordingly signed and sealed the following Letters Patent:

LETTERS PATENT ESTABLISHING THE ORDER OF SAINT LUCIA

SAINT LUCIA

By His Excellency Sir Allen Lewis, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, Knight Grand Cross of the Royal Victorian Order, Knight Bachelor, Queen's Counsel, Governor-General of Saint Lucia.

ELIZABETH THE SECOND, by the Grace of God Queen of Saint Lucia and of Her Other Realms and Territories, Head of the Commonwealth.

TO ALL to whom these Presents shall come.

GREETING:

WHEREAS it is desirable that there be established a Saint Lucian society of honour for the purpose of according recognition to citizens of Saint Lucia and other persons for achievement, for acts of bravery or for meritorious service:

KNOW YOU that we by these Presents, do establish a society of honour to be known as the “Order of Saint Lucia”:

AND WE DO ordain that the Order shall consist of the Sovereign, Our Governor General of Saint Lucia and such members and honorary members as shall be appointed in accordance with the Constitution of the Order:

AND WE DO further ordain that the Constitution of the Order shall be the Constitution set out in the Schedule:

AND WE DO hereby command that a seal be immediately engraven, that that seal shall be the Seal of the Order, that the Regulations of the Order shall be signed by Our Governor-General of Saint Lucia and sealed with the Seal of the Order, and that the Regulations so signed and sealed shall have the same force and effect as if they had been recited in these Our Letters Patent and given under the Public Seal of Saint Lucia.

IN WITNESS whereof we have caused these Our Letters to be made Patent.

1.  

   Given under the Public Seal of Saint Lucia at Castries this 13th day of December, One thousand nine hundred and eighty-six, in the Thirty-fifth year of Our Reign.

BY HER MAJESTY'S COMMAND

JOHN G. M. COMPTON,

Prime Minister.

Schedule

CONSTITUTION OF THE ORDER OF SAINT LUCIA

1.  

   1.   A Society of Honour, for the purpose of according recognition to citizens of Saint Lucia and other persons for achievement, for acts of bravery or for meritorious service is established in Saint Lucia to be known as the Order of Saint Lucia.

1.  

   2.   The Order shall consist of the Sovereign, the Governor General as Chancellor, and the holders of awards in the following Grades:

   1.  

      I — Grand Cross;

   1.  

      II — Saint Lucia Cross;

   1.  

      III — Medal of Honour in classes of Gold and Silver;

   1.  

      IV — Medal of Merit in classes of Gold and Silver;

   1.  

      V — Les Pitons Medal in classes of Gold, Silver and Bronze;

   1.  

      VI — National Service Cross;

   1.  

      VII — National Service Medal.

1.  

   3.   The Sovereign of Saint Lucia shall be Head of the Order.

OFFICERS AND COMMITTEE OF THE ORDER

1.  

   4.   

1.  

   (1)   The Governor General, who by virtue of his Office shall be Chancellor of the Order, shall be charged with the administration of the Order, and in his custody shall be confided the Seal of the Order, which he shall affix to all Statutes, Ordinances and Instruments according to the Regulations touching the issue of every of the said instruments.

1.  

   (2)   In the absence of the Governor General, the person for the time being performing the functions of the office of Governor General shall discharge the functions of Chancellor of the Order.

1.  

   (3)   The Private Secretary to the Governor General shall be Secretary of the Order and shall maintain the records of the Order, arrange for investitures and perform such other functions in respect of the Order as the Governor General shall direct from time to time.

1.  

   5.   

1.  

   (1)   There shall be a standing National Awards Committee for the Order hereinafter called “the Committee” comprised of:

   1.  

      (a)     a citizen of Saint Lucia appointed by the Governor-General after consultation with the Prime Minister and the Leader of the Opposition who shall be chairperson of the Committee.

   1.  

      (b)     the chairperson of the Public Service Commission.

   1.  

      (c)     the chairperson of the Teaching Service Commission.

   1.  

      (d)     the Commissioner of Police.

   1.  

      (e)     three persons representative of the General Public appointed by the Governor General of whom 2 shall be appointed on the advice of the Prime Minister and one on the advice of the Leader of the Opposition. Such appointment shall be for a period not exceeding 3 years from the date of appointment but the persons shall be eligible for reappointment.

   1.  

      (f)     A member of the Committee appointed under subparagraph (a) of this section shall hold office for a period not exceeding 3 years from the date of appointment but shall be eligible for reappointment.

1.  

   (2)   The Committee shall have a Secretary who shall be appointed by the Prime Minister.

1.  

   (3)   A vacancy in the membership of the Committee shall not preclude the Committee from carrying out its functions.

LETTERS PATENT INSTITUTING THE SAINT LUCIA PUBLIC SERVICES LONG SERVICE MEDAL

1.  

   SAINT LUCIA

1.  

   By His Excellency Sir Allen Lewis, Knight Grand Cross of the Most Distinguished Order of St. Michael and St. George, Knight Grand Cross of the Royal Victorian Order, Knight Bachelor, Queen's Counsel, Governor-General of Saint Lucia.

1.  

   ELIZABETH THE SECOND, by the Grace of God Queen of Saint Lucia and of Her Other Realms and Territories, Head of the Commonwealth.

1.  

   TO ALL to whom these Presents shall come.

GREETING:

1.  

   WHEREAS it is desirable that there be instituted a Saint Lucian Medal for the purpose of according recognition to persons who render long and faithful service in certain occupations:

1.  

   KNOW YOU that we do by these Presents institute a Medal to be designated and styled the “Saint Lucia Public Services Long Service Medal”:

1.  

   AND WE DO ordain that the award of the Saint Lucia Public Services Long Service Medal shall be governed by the Services Long Service Medal Regulations 1986 set out in the Schedule.

1.  

   IN WITNESS whereof we have caused these Our Letters to be made Patent.

Given under the Public Seal of Saint Lucia at Castries this 13th day of December, One thousand nine hundred and eighty-six, in the Thirty-fifth year of Our Reign.

BY HER MAJESTY'S COMMAND

JOHN G. M. COMPTON,

Prime Minister.

Schedule

REGULATIONS GOVERNING THE AWARD OF THE SAINT LUCIA PUBLIC SERVICES LONG SERVICE MEDAL

SHORT TITLE

1.  

   1.   These regulations may be cited as the Services Long Service Medal Regulations.

DESIGN OF MEDAL

1.  

   2.   The design of the Services Long Service Medal and of clasps to the Medal shall be as prescribed.

CONDITIONS FOR AWARD OF MEDAL

1.  

   3.   The following persons are eligible for the award of the Services Long Service Medal:

   1.  

      (a)     members of the Royal Saint Lucia Police Force

   1.  

      (b)     members of the Saint Lucia Fire Service

   1.  

      (c)     members of the Prisons Service

   1.  

      (d)     members of the Saint Lucia Civil Service

   1.  

      (e)     members of the Saint Lucia Teaching Service

1.  

   4.   (1)   The Services Long Service Medal may not be awarded to a person unless since he or she attained the age of 18 years.

   1.  

      (a)     he or she has served diligently and has been of exemplary conduct for a continuous period of 15 years in one of the capacities mentioned in regulation 3; or

   1.  

      (b)     he or she has served diligently and has been of exemplary conduct in 2 or more of those capacities for successive periods amounting in the aggregate to not less than 15.

1.  

   (2)   A clasp to the Services Long Service Medal may be awarded after the completion of a further continuous period of service of 10 years in any of the capacities mentioned in regulation 3, and an additional clasp maybe awarded after the completion, of each further period of 5 years' continuous service.

1.  

   5.   The award of the Services Long Service Medal or a clasp to the Medal may be made by the Governor General on the recommendation of—

   1.  

      (a)     the Commissioner of Police, in the case of a member of the Royal Saint Lucia Police Force;

   1.  

      (b)     the Chief Fire Officer, in the case of a member of the Saint Lucia Fire Service;

   1.  

      (c)     the Superintendent of Prisons, in the case of a member of the Prisons Service;

   1.  

      (d)     the chairperson of the Public Service Commission, in the case of a member of the Civil Service;

   1.  

      (e)     the chairperson of the Teaching Service Commission, in the case of the Teaching Service;

1.  

   With in each case the approval of the administrative head of the Ministry of the Government charged with responsibility for the particular service.

WEARING OF MEDAL

1.  

   6.   The manner of wearing the Service Long Service Medal shall be as determined by the Governor General.

SOCIETY OF HONOUR ORDER OF SAINT LUCIA

The public is hereby notified of the establishment as from 13th December, 1986, of a Society of Honour to be known as the Order of Saint Lucia.

The Order which has as its Head, Her Majesty, with the Governor General as Chancellor, is divided into 7 Grades, among which 2 would be divided into 2 classes and one (1) into 3 classes.

The Grades are as follows—

1.  

   The Grand Cross

1.  

   The Saint Lucia Cross

1.  

   The Medal of Honour in classes of Gold and Silver

1.  

   The Medal of Merit in classes of Gold and Silver

1.  

   The Les Pitons Medal in Gold, Silver and Bronze

1.  

   The National Service Cross

1.  

   The National Service Medal

The Grand Cross is for award only to a person appointed to the office of Governor General.

The recipient of the Grand Cross will be entitled to have the letters “GCSL” placed after his or her name on all occasions when the use of such letters is customary, and also to the use of the title His or Her Excellency before his or her name.

The Saint Lucia Cross is to be awarded to persons who have rendered distinguished and outstanding service of national importance to this country.

A recipient of the Saint Lucia Cross will be entitled to have the letters “SLC” placed after his or her name and also to the use of the title Honourable before his or her name immediately on publication of the award.

A Medal of Honour is to be awarded to persons rendering “eminent service of national importance” or performing an outstanding brave or humane act to a national of Saint Lucia or of another country.

A person to whom the Medal of Honour is awarded is entitled to have the letters “SLMH” placed after his or her name on all occasions when the use of such letters is customary.

The Medal of Merit is to be restricted to persons contributing long and meritorious service in the Arts, Science, Literature and other such fields.

A recipient will be entitled to have the letters “SLMM” placed after his or her name.

The Les Pitons Medal in any of its 3 classes is to be awarded for long and meritorious service to Saint Lucia tending to promote loyal public service, national welfare or inculcating and strengthening community spirit. The recipient will be entitled to have the letters “SLPM” placed after his or her name.

The National Service Cross and the National Service Medal are intended for members of the Royal Saint Lucia Police Force, the Fire Service, the Prison Service and Cadet Corps.

The Cross is to be awarded to commissioned ranks of the Police Force, the Fire and Prison Services for loyal and devoted service beneficial to Saint Lucia. A recipient is entitled to have the letters “NSC” placed after his or her name. The medal is to be awarded to any member of the said bodies and to commissioned officers of a Cadet Corps for “outstanding and meritorious service”.

Public Service Commission (Disciplinary Proceedings) Regulations

(Statutory Instrument 37/2017)

Statutory Instrument 37/2017 .. in force 2 May 2017

ARRANGEMENT OF REGULATIONS

PUBLIC SERVICE COMMISSION (DISCIPLINARY PROCEEDINGS) REGULATIONS – SECTION 85(13)

Commencement [2 May 2017]

1.   Citation

These Regulations may be cited as the Public Service Commission (Disciplinary Proceedings) Regulations.

2.   Interpretation

In these Regulations—

“act of misconduct” means—

1.  

   (a)     a breach of an enactment, staff order or lawful oral or written directions given to a public officer; or

1.  

   (b)     a breach of an implied term of the contract of employment of the public officer;

1.  

   (c)     conduct that brings the reputation of the public service into disrepute;

“appointment” means the conferment of an office of emolument in the public service on a public officer;

“assignment” means the movement of a public officer from one Ministry or Department to another Ministry or Department or within a Ministry or Department for a specified period not exceeding six months for a particular purpose without affecting the substantive public office;

“Commission” means the Public Service Commission constituted under section 85 of the Constitution of Saint Lucia;

“demotion” means the appointment of a public officer to a public office to which is attached a lower salary and grade to the most recent substantive appointment of the public officer;

“Department” means an autonomous department that is not under the control of a Minister;

“Head of Department” means the person responsible for the management of a Department;

“hearing” means an inquiry before the Commission to determine an allegation of an act of misconduct;

“Ministry” means an organizational unit under the general direction and control of a Minister;

“particular office” means a public office specified under sections 87, 90 and 94(1) of the Constitution of Saint Lucia in respect of which the Commission is required to provide advice to the Governor General;

“particular officer” means a public officer specified under sections 87, 90 and 94(1) of the Constitution of Saint Lucia in respect of whom the Commission is required to provide advice to the Governor General;

“penalty” means a penalty specified under regulation 13;

“Permanent Secretary” means a public officer referred to in section 69 of the Constitution of Saint Lucia;

“public office” has the meaning assigned under section 124(1) of the Constitution of Saint Lucia;

“public officer” has the meaning assigned under section 124(1) of the Constitution of Saint Lucia;

“Public Service Board of Appeal” means the Public Service Board of Appeal constituted under section 95 of the Constitution of Saint Lucia;

“salary” means basic pay excluding allowances;

“Staff Order” means an administrative direction contained in the Public Service Staff Orders of Saint Lucia or a prerogative order made by the Governor General for the management of the public service;

“suspension” means a temporary removal of a public officer from the performance of the duties of his or her public office under regulation 5 or regulation 13;

“temporary appointment” includes the appointment of a person to a public office for a specified period;

“the public service” has the meaning assigned under section 124(1) of the Constitution of Saint Lucia.

3.   Application

1.  

   (1)   Subject to sub-regulations (2) and (3), these Regulations do not apply to a particular officer.

1.  

   (2)   The Commission in giving its advice with respect to the exercise of disciplinary control under sections 87, 90 and 94(1) of the Constitution of Saint Lucia shall —

   1.  

      (a)     apply where practicable, the procedures in these Regulations; and

   1.  

      (b)     ensure that no advice is tendered to the Governor General with respect to the exercise of disciplinary control or removal of a particular officer until the particular officer is given a reasonable opportunity to be heard.

1.  

   (3)   The Commission when considering a matter under these Regulations shall —

   1.  

      (a)     consider any policy pertaining to the management of the public service, and the values and objectives of the public service as prescribed;

   1.  

      (b)     be guided by the principles of natural justice.

4.   Allegation of an act of misconduct

An allegation of an act of misconduct must be —

1.  

   (a)     submitted to the Commission;

1.  

   (b)     in writing and be accompanied by supporting evidence.

5.   Suspension

1.  

   (1)   Where an allegation of an act of misconduct by a public officer is submitted to the Commission under regulation 4, the Commission may suspend the public officer from duty on full    salary by notice of suspension in writing, until conclusion of the disciplinary proceedings.

1.  

   (2)   Where the Commission is of the opinion that the public interest or the reputation of the public service requires, the Commission may suspend a public officer from duty on full salary by notice in writing until further notice.

1.  

   (3)   The effective date of suspension of the public officer is the date specified in the notice of suspension.

1.  

   (4)   A public officer who is suspended from duty under subregulation (1) or (2) shall —

   1.  

      (a)     on receipt of the notice of suspension, cease to report to his or her public office; and

   1.  

      (b)     make himself or herself available to the Commission until the conclusion of the disciplinary proceedings.

1.  

   (5)   Where a public officer is suspended from duty and proceeds on sick leave or maternity leave during the period of suspension, the suspension of the public officer ceases during the sick leave and maternity leave and the suspension of the public officer resumes immediately after the expiration of the sick leave or maternity leave.

6.   Investigation

1.  

   (1)   Subject to subregulation (2), the Commission shall cause an investigation to be undertaken into the allegation of an act of misconduct —

   1.  

      (a)     on receipt of an allegation of an act of misconduct; or

   1.  

      (b)     after the public officer is suspended under regulation 5.

1.  

   (2)   The Commission shall not cause an investigation to be undertaken under subregulation (1) if the Commission is satisfied from the supporting evidence submitted to the Commission that there is a prima facie case.

7.   Disciplinary proceedings

1.  

   (1)   The Commission may institute disciplinary proceedings against a public officer on an allegation of an act of misconduct.

1.  

   (2)   A court record or report of a commission established under the Commission of Inquiry Act or other inquiry established by Cabinet, may be used in determining whether or not proceedings should be instituted against a public officer.

1.  

   (3)   If the Commission institutes disciplinary proceedings under subregulation (1), it shall serve a notice in writing on the public officer.

1.  

   (4)   A notice under subregulation (3) must state —

   1.  

      (a)     the allegation of the act of misconduct; and

   1.  

      (b)     the particulars of the allegation under paragraph (a).

8.   Criminal investigation or criminal proceedings

1.  

   (1)   Notwithstanding that a public officer is charged for an offence under an enactment or is the subject of police investigation or criminal proceedings have been instituted against that public officer, the charge, investigation or proceedings does not preclude the Commission from instituting disciplinary proceedings under these Regulations for an alleged act of misconduct which is in breach of his or her terms and conditions of employment.

1.  

   (2)   The Commission may institute disciplinary proceedings against a public officer who has appealed against a conviction arising out of criminal proceedings in relation to an alleged act of misconduct which is in breach of his or her terms and conditions of employment.

1.  

   (3)   These Regulations do not preclude the Commission from instituting disciplinary proceedings against a public officer for another act of misconduct arising out of his or her conduct resulting in the allegation referred to in sub-regulation (1).

9.   Disciplinary proceedings arising out of acquittal of criminal charge

A public officer who is acquitted of a criminal charge in a court may have disciplinary proceedings instituted against him or her under these Regulations in respect of an allegation of an act of misconduct arising in respect of, or arising out of, that criminal charge.

10.   Disciplinary proceedings arising out of proven criminal charge

1.  

   (1)   Where a public officer pleads guilty to a criminal charge, or is convicted of a criminal charge, the Commission may consider the court's finding and, if available, other court records in respect of that charge, and require the public officer to provide a written report on the matter and, where practicable, to appear before the Commission to show cause why the Commission should not impose a penalty.

1.  

   (2)   The Commission, after considering the representation of the public officer, may impose such penalty as it sees fit.

11.   Hearing

1.  

   (1)   A public officer against whom disciplinary proceedings have been instituted shall be given a reasonable opportunity to be heard in accordance with the principles of natural justice in a hearing before the Commission.

1.  

   (2)   A hearing may be in writing or it may be oral.

1.  

   (3)   Where a hearing is oral, the public officer against whom the disciplinary proceedings have been instituted may be represented by an attorney-at-law or a person of his or her choice.

1.  

   (4)   A hearing must be conducted —

   1.  

      (a)     in private; and

   1.  

      (b)     with speed and efficiency.

1.  

   (5)   The standard of proof in a hearing is the balance of probabilities.

1.  

   (6)   In a hearing the Commission may make a decision, without regard to the rules of evidence specified in the Evidence Act or to other legal technicalities and form.

1.  

   (7)   In an oral hearing where a witness gives evidence, the public officer against whom disciplinary proceedings have been instituted shall have the opportunity to question that witness or to respond to evidence that is in writing.

1.  

   (8)   Documentary evidence must not be used against a public officer in a hearing unless the public officer has been supplied with a copy of, and has been given a reasonable opportunity to peruse the document before the hearing.

12.   Hearing in absence of public officer

1.  

   (1)   Where, without good reason, the public officer against whom disciplinary proceedings have been instituted does not attend the oral hearing, the Commission may proceed and conclude the matter in his or her absence.

1.  

   (2)   Where good reason is given to the Commission by or on behalf of the public officer as to why he or she is unable to attend the hearing, the Commission may postpone the matter but not to the extent that quick and effective discipline is prejudiced.

13.   Penalty

1.  

   (1)   At the conclusion of a hearing the Commission may impose one or more of the following as a penalty —

   1.  

      (a)     an oral warning;

   1.  

      (b)     a written warning;

   1.  

      (c)     a written reprimand;

   1.  

      (d)     the deferment, suspension or withholding of a performance based increment;

   1.  

      (e)     the suspension of the public officer from duty without salary and allowances;

   1.  

      (f)     the demotion of the public officer; and

   1.  

      (g)     the dismissal or removal of the public officer from the public service.

1.  

   (2)   The Commission may after taking into account the age, period and quality of service provided by the public officer, retire that public officer in the public interest in lieu of imposing a penalty.

1.  

   (3)   Where an act of misconduct results in the destruction or loss of Government property, the Commission may, in addition to a penalty imposed under subregulation (1), order the public    officer by way of restitution, to pay the Government an amount equal to the value of repair or replacement of the item as indicated by appropriate invoices or receipts from the Permanent Secretary or Head of Department.

14.   Decision and right of appeal

1.  

   (1)   The Commission shall, at the conclusion of a hearing, inform the public officer —

   1.  

      (a)     in writing of its finding and reason for the penalty imposed;

   1.  

      (b)     of the right to appeal to the Public Service Board of Appeal; and

   1.  

      (c)     of the time required by the Public Service Board of Appeal for making an application for an appeal.

1.  

   (2)   Where a public officer lodges an appeal with the Public Service Board of Appeal within the specified period, the penalty takes effect pending the determination of the appeal of the public officer by the Public Service Board of Appeal.

15.   Record of disciplinary proceedings

1.  

   (1)   The Commission shall make a record of disciplinary proceedings.

1.  

   (2)   A record under subregulation (1) must include —

   1.  

      (a)     the allegation and related particular statement of evidence;

   1.  

      (b)     a transcript of the hearing, where applicable;

   1.  

      (c)     the finding of the Commission;

   1.  

      (d)     the reason for the finding; and

   1.  

      (e)     details of the penalty imposed.

1.  

   (3)   A record of the disciplinary proceedings must be made available to the public officer at his or her request.

16.   Temporary and fixed term contract appointments

Where a public officer holds a public office on a temporary or fixed term contract appointment and termination of the appointment is contemplated on the grounds of an act of misconduct, the Commission shall request that public officer to make representations in writing or by personal appearance, before the Commission makes a decision.

17.   Service

1.  

   (1)   A document required by these Regulations to be served on a public officer or any other person is so served —

   1.  

      (a)     by delivering the document to the public officer or other person personally; or

   1.  

      (b)     by preparing and posting the document as a registered letter to that public officer or other person at his or her last known address; or

   1.  

      (c)     by leaving the document at the last known place of abode of the public officer or with some other person who is apparently resident in that place and appears to be not less than 16 years of age; or

   1.  

      (d)     by serving it on the legal representative of the public officer or the legal representative of the person; or

   1.  

      (e)     by electronic means.

1.  

   (2)   Where a document that is required by these Regulations to be served is posted as a registered letter under subregulation (1)(b) the document, unless the contrary is proved, is deemed to be served at the time it is delivered to the public officer or other person.

18.   Transitional provisions

1.  

   (1)   Where, at the commencement of these Regulations disciplinary proceedings are pending or not finally determined, the disciplinary proceedings are deemed to have been instituted, and continued, in accordance with these Regulations and the institution of proceedings are deemed to have complied with the procedures in these Regulations as if they had been instituted under these Regulations.

1.  

   (2)   Where, at the commencement of these Regulations, a hearing is being conducted in relation to disciplinary proceedings    instituted against a public officer, the determination of the hearings are deemed to be valid for the purposes of these Regulations as if it had been conducted and determined under these Regulations.

1.  

   (3)   Where a person is suspended at the commencement of these Regulations but no institution of disciplinary proceedings is in effect, that person is deemed to have been suspended under regulation 5 for the purpose of these Regulations.

Proclamation for Declaration of State of Emergency

Statutory Instrument 39/2020 .. (Revoked by S.I. 149/2020)

Statutory Instrument 40/2020 .. (Revoked by S.I. 149/2020)

Statutory Instrument 60/2020 .. (Revoked by S.I. 149/2020)

Statutory Instrument 78A/2020 .. (Revoked by S.I. 149/2020)

Statutory Instrument 27/2021 .. (Revoked by S.I 162/2021)

Statutory Instrument 38/2021 .. (Revoked by S.I. 162/2021)

Statutory Instrument 77/2021 .. (Revoked by S.I. 162/2021)

Constitution of Saint Lucia (State of Emergency) Regulations

(Statutory Instrument 162/2021)

Statutory Instrument 28/2021 .. (Revoked by S.I 162/2021)

Amended by S.I. 42/2021 .. (Revoked by S.I 162/2021)

Amended by S.I. 58/2021 .. (Revoked by S.I 162/2021)

Amended by S.I. 63/2021 .. (Revoked by S.I 162/2021)

Amended by S.I. 117/2021 .. (Revoked by S.I 162/2021)

Amended by S.I. 120/2021 .. (Revoked by S.I. 162/2021)

Amended by S.I. 124/2021 .. (Revoked by S.I. 162/2021)

Amended by S.I. 134/2021 .. (Revoked by S.I. 162/2021)

Amended by S.I. 146/2021 .. (Revoked by S.I. 162/2021)

Amended by S.I. 149/2021 .. (Revoked by S.I. 162/2021)

Amended by S.I. 155/2021 .. (Revoked by S.I. 162/2021)

PROCLAMATION FOR REVOCATION OF DECLARATION OF STATE OF EMERGENCY – SECTION 17(1)

Commencement [14 October 2021]

BY HIS EXCELLENCY THE GOVERNOR GENERAL

A PROCLAMATION

SIR EMMANUEL NEVILLE CENAC

GCSL., GCMG.,

GOVERNOR GENERAL.

WHEREAS it is enacted by section 17(1) of the Constitution of Saint Lucia, that the Governor General may, by proclamation which shall be published in the Gazette, declare that a state of emergency exists for the purposes of Chapter 1 of the Constitution of Saint Lucia;

AND WHEREAS section 17(2) of the Constitution of Saint Lucia, provides that a proclamation under section 17(1) shall not be effective unless it contains a declaration that the Governor General is satisfied —

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   (a)     that a public emergency has arisen as a result of the imminence of a state of war between Saint Lucia and a foreign state;

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   (b)     that a public emergency has arisen as a result of the occurrence of any earthquake, hurricane, food, fire, outbreak of pestilence or of infectious disease, or other calamity whether similar to the foregoing or not; or

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   (c)     that action has been taken, or is immediately threatened, by any person, of such a nature and on so extensive a scale, as to be likely to endanger the public safety or to deprive the community or any substantial portion of the community of supplies or services essential to life;

AND WHEREAS by virtue of section 17(1) and (2) of the Constitution of Saint Lucia, Cap. 1.01 the Governor General, by proclamation, declared a state of emergency for the purposes of Chapter 1 of the Constitution of Saint Lucia, published in the Gazette on the 3rd day of February, 2021 as the Constitution of Saint Lucia – Proclamation for Declaration of State of Emergency, Statutory Instrument, No. 27 of 2021;

AND WHEREAS by virtue of section 17(3) of the Constitution of Saint Lucia, Parliament, approved the declaration of a state of emergency that was published in the Gazette on the 3rd day of February, 2021 as Statutory Instrument No. 27 of 2021, by the Constitution of Saint Lucia – Resolution of Parliament Approving Declaration of State of Emergency, Statutory Instrument, No. 38 of 2021;

AND WHEREAS by virtue of section 17(6) of the Constitution of Saint Lucia, Parliament further extended for an additional period, the declaration of a state of emergency that was passed as Statutory Instrument, No. 38 of 2021, by the Constitution of Saint Lucia – Further Extension of Resolution of Parliament Approving Declaration of State of Emergency, Statutory Instrument, No. 77 of 2021;

AND WHEREAS it is enacted by section 17(4) of the Constitution of Saint Lucia, that a declaration of a state of emergency may at any time be revoked by the Governor General by Proclamation published in the Gazette;

NOW THEREFORE I, EMMANUEL NEVILLE CENAC, Governor General of Saint Lucia, by this Proclamation do hereby revoke the Constitution of Saint Lucia – Proclamation for Declaration of State of Emergency, Statutory Instrument, No. 27 of 2021.

GIVEN under my hand and the Public Seal of Saint Lucia at Government House in the City of Castries, in the State of Saint Lucia this 14th day of October, 2021 in the seventieth year of the Reign of Her Majesty Queen Elizabeth the Second.

GOD SAVE THE QUEEN