Revised Laws of Saint Lucia (2021)

Schedule 2

(Section 13)

OATH OF OFFICE

CHAPTER 1.11
PUBLIC SERVICE COMMISSION ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Public Service Commission Regulations – Section 13  Editor's note: These Regulations are considered to continue in force on the basis of section 28(3)(a) of the Interpretation Act.

(Statutory Instrument 9/1956)

Statutory Instrument 9/1956 .. in force 7 April 1956

ARRANGEMENT OF REGULATIONS

PUBLIC SERVICE COMMISSION REGULATIONS – SECTION 13

Commencement [7 April 1956]

1.   Citation

These Regulations may be cited as the Public Service Commission Regulations.

2.   Definitions

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   (1)   In these Regulations—

“Act” means the Public Service Commission Act;

“Commission” means the Public Service Commission the establishment of which is provided for under section 5 of the Act;

“public office” means any office of emolument in the public service;

“public officer” means save as is otherwise provided in the Act, the holder of any public office and includes any person appointed to act in any such office;

“public service” means the service of the Crown in respect of the Government of Saint Lucia.

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   (2)   References to a member of the Commission shall, unless the context otherwise requires, include references to the chairperson or acting chairperson.

3.   Constitution of Commission

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   (1)   The Governor General shall by writing under his or her hand appoint a chairperson and not more than 3 other persons to be members of the Commission. At least one member of the Commission shall be a person who is not a public officer or a retired public officer.

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   (2)   Members of the Commission shall hold office during the Governor General's pleasure and subject thereto the chairperson shall hold office for such period not exceeding 3 years, and any other member shall hold office for such period not exceeding 2 years as may be prescribed in the instrument by which he or she is appointed. However, a person shall, if qualified, be eligible for reappointment as a member of the Commission.

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   (3)   In the event of the chairperson being unavoidably absent from a meeting then the members present if of a sufficient number to form a quorum may elect one of their number to act as chairperson but in the case of absence from the Saint Lucia or other inability to act for a period of 2 weeks or more the Governor General may appoint any person to act in the place of the chairperson or of any other member of the Commission in similar circumstances.

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   (4)   At any meeting of the Commission the chairperson or acting chairperson and any 2 members shall form a quorum for the transaction of business. The chairperson or acting chairperson, as the case may be, shall have a deliberative as well as a casting vote. All decisions of the Commission shall be by a majority of the votes of the members present and voting. However, the chairperson, or acting chairperson, as the case may be, shall have a second or casting vote whenever the voting shall be equal.

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   (5)   Any member of the Commission may, if he or she is not a public officer, at any time, and, if he or she is a public officer, with the consent of the Governor General, resign his or her office by instrument in writing addressed to the Secretary of the Commission who shall forward the same to the Governor General and from the date of the receipt by the Secretary of the Commission of such instrument such member shall cease to be a member of the Commission and the vacancy caused by such resignation or by the death of a member or by the removal of a member shall be filled by the Governor General by the appointment of another person for the remainder of the term of office of the member whom he or she replaces.

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   (6)   The Governor General may appoint a Secretary to the Commission and such other officers as may in his or her opinion be necessary to constitute the staff of the Commission at such remuneration as the House of Assembly may by resolution approve. However, until this staff is appointed the duties of the Secretary to the Commission and of officers of the staff of the Commission shall be performed by such officers of the Government Office staff that the Governor General, nominates for the purpose.

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   (7)   The appointment, removal or resignation of any member of the Commission or of its Secretary shall be notified in the Gazette.

4.   Minutes of meetings

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   (1)   Minutes of all meetings of the Commission shall be recorded and kept by the Secretary. Copies of such minutes duly confirmed at a subsequent meeting shall as soon as practicable thereafter be forwarded to the Governor General.

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   (2)   All recommendations made by the Commission shall be submitted to the Governor General through the Governor General.

5.   Oath of office

The chairperson and members of the Commission shall on their appointment as such take an oath or make an affirmation, each according to his or her conscience, in the form in the Schedule to these Regulations. The oath or affirmation shall be administered by or made before the Governor General.

6.   Remuneration of members

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   (1)   Out of such funds as may be provided by the House of Assembly to cover the expenses of the Commission, the chairperson or acting chairperson of the Commission not being a public officer, shall be paid the sum of $16 for each meeting of the Commission which he or she attends, and every other member of the Commission, not being a public officer, shall be paid the sum of $10 for each meeting of the Commission which he or she attends.

However, the maximum amount payable in any month shall, in the case of the chairperson or acting chairperson, be $80 and, in the case of any other member, be $50. Further, a public officer shall not be paid any remuneration as a member of the Commission.

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   (2)   Members of the Commission may be paid travelling and subsistence allowances at such rates as may from time to time be prescribed by the Governor General for attendance at meetings of the Commission or for travelling for other purposes connected with the functions of the Commission.

7.   Consultation with other persons

The Commission in considering any matter or question referred to it for its advice may consult with the heads of Government departments or other public officers or other persons as the Commission may consider proper and desirable.

8.   Offence of giving false information to the Commission

A person who, in connection with an application by any person for employment or promotion in the public service or with any matter upon which it is the duty of the Commission to advise the Governor General or any head of a Government department under these Regulations, wilfully gives to the Commission or to any member thereof or to any person or body of persons appointed to assist the Commission in the exercise of its functions or the discharge of its duties any information which is false by reason of the falsity of, or by reason of the omission of, a material particular, commits an offence and upon summary conviction is liable to imprisonment for a period not exceeding one year or to a fine not exceeding $480 or to both such imprisonment and fine.

Schedule

OATH OF OFFICE