Revised Laws of Saint Lucia (2021)

96.   Appeals in discipline cases

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    (1)   This section applies to—

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      (a)     any decision of the Governor General, acting in accordance with the advice of the Public Service Commission, or any decision of the Public Service Commission or of the Teaching Service Commission, to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section 86(2) or 93(2));

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      (b)     any decision of any person to whom powers are delegated under section 86(2) or 93(2) to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the Public Service Commission or the Teaching Service Commission);

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      ©     if it is so provided by Parliament, any decision of the Commissioner of Police under section 94(3), or of a person to whom powers are delegated under section 94(4), to remove a police officer from office or to exercise disciplinary control over a police officer;

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      (d)     such decisions with respect to the discipline of any military, naval or air force of Saint Lucia as may be prescribed by Parliament.

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    (2)   Subject to the provisions of this section, an appeal shall lie to the Board from any decision to which this section applies at the instance of the public officer or member of the naval, military or air force in respect of whom the decision is made:

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    Provided that in the case of any such decision as is referred to in subsection (1)©, an appeal shall lie in the first instance to the Commissioner of Police if it is so provided by Parliament or, if it is not so provided, if the Commissioner so requires.

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    (3)   Upon an appeal under this section the Board may affirm or set aside the decision appealed against or may make any other decision which the authority or person from whom the appeal lies could have made.

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    (4)   Every decision of the Board shall require the concurrence of a majority of all its members.

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    (5)   Subject to the provisions of subsection (4), the Board may by regulation make provision for—

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      (a)     the procedure of the Board;

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      (b)     the procedure in appeals under this section; or

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      ©     excepting from the provisions of subsection (2) decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be so prescribed.

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    (6)   Regulations made under this section may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or any authority of the Government for the purpose of the exercise of the functions of the Board.

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    (7)   The Board may, subject to the provisions of this section and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member.