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HOUSE OF ASSEMBLY REVISION OF BOUNDARIES AND
RE-DISTRIBUTION OF SEATS ORDER, 2001 |
| S.I. 173/2001 |
|
(ARTICLE 70(7)) | |
| [Commencement 27th
December, 2001] |
| |
1. This
Order may be cited as the House of Assembly Revision of Boundaries and
Re-distribution of Seats Order, 2001. | Citation. |
2. The
Bahamas shall be divided into forty (40) constituencies as follows- | Number of Constituencies. |
(a) the island
of New Providence, twenty-four (24) constituencies; |
(b) the islands
of Grand Bahama and Bimini, six (6) constituencies; and |
(c) the other
Family Islands, ten (10) constituencies. |
3. The
limits, bounds and extent of each constituency in the island of New Providence
shall be as set forth in the First Schedule to this Order and as named
and delineated on the map annexed hereto. | Limits for each constituency in New Providence. |
4. The
limits, bounds and extent of each constituency in the islands of Grand Bahama
and Bimini shall be as set forth in the Second Schedule to this
Order and as named and delineated on the map annexed hereto. | Limits of each constituency in Grand Bahama and
Bimini. |
5. The
limits, bounds and extent of each constituency in the remainder of the Family
Islands shall be as set forth and as named in the Third Schedule to this
Order. | Limits of each constituency in other Family Islands. |
6. This
Order shall come into force on the 27th day of December, 2001: | Commencement. |
Provided that in
accordance with the proviso of Article 70(7) of the Constitution this Order
shall not affect any election to the House of Assembly until a proclamation is
made by the Governor-General appointing the date for the holding of a general
election of members of the House of Assembly or affect the constitution of the
House of Assembly in being. |
FIRST SCHEDULE (Paragraph 3) |
LIMITS OF NEW
PROVIDENCE CONSTITUENCIES |
ADELAIDE
CONSTITUENCY |
The Adelaide
Constituency shall be all that part of the Island of New Providence which is
enclosed by the following boundary lines- |
(A) Beginning at
the junction of Carmichael Road and Gladstone Road thence eastwardly along the
centre line of Carmichael Road to the junction of Carmichael Road and
Montgomery Avenue thence southwardly along the centre line of Montgomery Avenue
to a point at the centre line of Cowpen Road where the continuation of
Montgomery Avenue southwardly by an imaginary line meets the point at the
centre line of Cowpen Road thence eastwardly along the centre line of Cowpen
Road to an unnamed Crown Road reservation thence southwardly along the centre
line of the unnamed Crown Road Reservation to Marshall Road thence southwardly
along the centre line of Marshall Road thence southwardly in an imaginary line
to a point at the high water mark of the sea along the coast thence westwardly
and, northwestwardly to Lyford Cay continuing northeastwardly along the coast
of New Providence to a point at the high water mark of Creek Point thence
southeastwardly in an imaginary line to a point at the centre line of the (old)
Xanadu Road thence eastwardly along the centre line of (old) Xanadu Road to a
point at the centre line of (old) Xanadu Road thence southwardly in an
imaginary line crossing the canal to other portions of the (old) Xanadu Road
thence southeastwardly along the centre line of (old) Xanadu Road to the
junction of (old) Xanadu Road and Western Road thence northeastwardly along the
centre line of Western Road to Windsor Field Road continuing to John F. Kennedy
Drive thence eastwardly along the centre line of John F. Kennedy Drive to the
junction of John F. Kennedy Drive and an unnamed road immediately west of
Lakeview Cemetery then southwestwardly along the centre line of the unnamed
road to Gladstone Road and then southwardly along the centre line of Gladstone
Road to the point of commencement. |
(B) Goulding Cay,
the Fishing Cays, Guana and all Cays within five (5) miles to the east of the
Fishing Cays. |
BAIN AND
GRANTS TOWN CONSTITUENCY |
The Bain and
Grants Town Constituency shall be all that part of the Island of New Providence
which is enclosed by the following boundary lines- |
Beginning at the
junction of Market Street and Wulff Road thence westwardly along the centre
line of Wulff Road to Blue Hill Road thence southwardly along the centre line
of Blue Hill Road to the junction of Blue Hill Road and Cordeaux Avenue thence
northwestwardly by an imaginary line to a point at the junction of Moss Street
and Thompson Boulevard thence northwardly along the centre line of Thompson
Boulevard to the junction of Poinciana Drive and Nassau Street thence
northwardly along the centre line of Nassau Street to the junction of Nassau
Street and Cambridge Street thence eastwardly along the line of Cambridge
Street to the junction of Cambridge Street and Augusta Street thence
northwardly along the centre line of Augusta Street to West Bay Street thence
continuing northwardly by an imaginary line to a point where the continuation
of the centre line of Augusta Street northwardly meets the high water mark of
the sea thence eastwardly along the high water mark of the sea to a point at
the high water mark of the sea where the continuation of the centre line of
Market Street northwardly meets the high water mark of the sea thence
southwardly along a pathway to Bay Street continuing southwardly to Market
Street thence along the centre line of Market Street to the point of
commencement. |
BAMBOO
TOWN CONSTITUENCY |
The Bamboo Town
Constituency shall be all that part of the Island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
junction of Blue Hill Road and Sisal Road West thence northeastwardly along the
centre line of Sisal Road West to Lobster Avenue thence continuing
northeastwardly in an imaginary line along a private property fence to a point
at the junction of Mutton Fish Drive and Sisal Road East thence northeastwardly
along the centre line of Sisal Road East to the junction of Sisal Road East and
Malcolm Road thence northwestwardly along the centre line of Malcolm Road to
Ritchville Drive (now called Emmanuel Drive) thence northwardly along the
centre line of Ritchville Drive (now called Emmanuel Drive) to Soldier Road
thence eastwardly along the centre line of Soldier Road to East Street thence
continuing eastwardly along the centre line of Soldier Road to Kennedy
Subdivision Road thence southeastwardly along the centre line of Kennedy
Subdivision Road to Malcolm Road thence southwestwardly along the centre line
of Malcolm Road to Winder Terrace thence southeastwardly along the centre line
of Winder Terrace to Mahogany Street to Bay Geranium Avenue thence southeastwardly
along the centre line of Bay Geranium Avenue to Jacaranda Street thence
southwestwardly along the centre line of Jacaranda Street to Thatch Palm Avenue
thence southeastwardly along the centre line of Thatch Palm Avenue to Bamboo
Boulevard thence southwestwardly along the centre line of Bamboo Boulevard to
East Street thence southwardly along the centre line of East Street to Zion
Boulevard thence southwestwardly and westwardly along the centre line of Zion
Boulevard to Blue Hill Road thence northwardly along the centre line of Blue
Hill Road to the point of commencement. |
BLUE
HILLS CONSTITUENCY |
The Blue Hills
Constituency shall be all that part of the Island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
junction of Carmichael Road and Gladstone Road thence northwardly along the
centre line of Gladstone Road to an unnamed road immediately west of Lakeview
Cemetery thence continuing northeastwardly along the centre line of the unnamed
road to John F. Kennedy Drive thence eastwardly and northeastwardly along the
centre line of John F. Kennedy Drive to Harrold Road thence southeastwardly and
eastwardly along the centre line of Harrold Road to Knowles Drive thence
southwestwardly along the centre line of Knowles Drive to its terminus thence
southwardly in an imaginary line which crosses Harrold Pond to a point where
Fire Trail Road meets a road now called Allen Road thence eastwardly and
southwardly along the centre line of Allen Road to Carmichael Road thence
southwestwardly along the centre line of Carmichael Road to the point of
commencement. |
CARMICHAEL
CONSTITUENCY |
The Carmichael
Constituency shall be all that part of the Island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
junction of Carmichael Road and Montgomery Avenue thence northeastwardly along
the centre line of Carmichael Road to Cedar Way thence southeastwardly along
the centre line of Cedar Way to Golden Gates Straight thence northeastwardly
along the centre line of Golden Gates Straight to Saxon Street thence
southeastwardly along the centre line of Saxon Street to Mermaid Boulevard
thence southwestwardly along the centre line of Mermaid Boulevard to Shad
Street thence southeastwardly along the centre line of Shad Street to St.
Vincent Road thence southwestwardly along the centre line of St. Vincent Road
to Faith Avenue thence southeastwardly along the centre line of Faith Avenue to
Cowpen Road thence westwardly along the centre line of Cowpen Road to a point
at the centre line of Cowpen Road where the continuation southwardly of
Montgomery Avenue in an imaginary line meets the point at the centre line of
Cowpen Road thence northwestwardly along an imaginary line to Montgomery Avenue
thence nortwestwardly along the centre line of Montgomery Avenue to the point
of commencement. |
DELAPORTE CONSTITUENCY |
The Delaporte
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
(A) Beginning at
the junction of John F. Kennedy Drive and an unnamed road immediately west of
Lakeview Cemetery thence eastwardly, northeastwardly and then eastwardly along
the centre line of John F. Kennedy Drive to Thompson Boulevard thence
southeastwardly and eastwardly along the centre line of Thompson Boulevard to
Hawthorne Road thence northwestwardly along the centre line of Hawthorne Road
to Farrington Road thence northeastwardly along the centre line of Farrington
Road to Maxwell Lane thence westwardly along the centre line of Maxwell Lane to
Haven Avenue thence westwardly along the centre line of Haven Avenue to Maxwell
Avenue thence northwardly and westwardly along the centre line of Maxwell
Avenue to the junction of Lightbourne Avenue and Saunders Road thence westwardly
along the centre line of Saunders Road to its terminus at a stone wall thence
northwardly and eastwardly and then northwardly along the eastern boundary of
the Watch Tower Bible Society to a point at the north eastern corner boundary
of the Watch Tower Bible Society thence northwardly in an imaginary line to the
southern terminus of Ferguson Road thence continuing northwardly along the
centre line of Ferguson Road to West Bay Street thence northwestwardly in an
imaginary line to a point at the high water mark along the coast immediately
west of a property called Renal House thence westwardly and southwestwardly
along the high water mark of the sea to Creek Point thence eastwardly in an
imaginary line to a point at the centre line of the (old) Xanadu Road thence
eastwardly along the centre line of (old) Xanadu Road to a point at the centre
line of (old) Xanadu Road thence southwardly in an imaginary line crossing the
canal to the other portion of (old) Xanadu Road thence southeastwardly along
the centre line of (old) Xanadu Road to the junction of (old) Xanadu Road and
Western Road thence northeastwardly along the centre line of Western Road to
Windsor Road continuing to John F. Kennedy Drive thence eastwardly along the
centre line of John F. Kennedy Drive to the point of commencement. |
(B) Delaporte,
Balmoral and Love Cay. |
ELIZABETH
CONSTITUENCY |
The Elizabeth
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
junction of Prince Charles Drive and Commonwealth Boulevard thence
southeastwardly and southwardly along the centre line of Commonwealth Boulevard
to Australia Avenue thence southeastwardly and southwardly along the centre
line of Australia Avenue to Yamacraw Hill Road thence westwardly along the
centre line of Yamacraw Hill Road to the junction of Fox Hill Road and Joe
Farrington Road thence continuing westwardly to Joe Farrington Road thence
westwardly along the centre line of Joe Farrington Road to Sea Breeze Boulevard
thence northwardly along the centre line of Sea Breeze Boulevard to Bay Lilly
Drive to Sea Breeze Drive thence northwardly along the centre line of Sea
Breeze Drive to a point at the centre line of the curve of Sea Breeze Drive
thence continuing northwardly in an imaginary line to a stone wall thence
northwardly along the stone wall to Gleniston Park Avenue thence northwardly to
Spring Terrace thence northwardly and westwardly along the centre line of
Spring Terrace to Winters Drive thence northwardly along the centre line of
Winters Drive to Prince Charles Drive thence eastwardly along the centre line
of Prince Charles Drive to the point of commencement. |
ENGLERSTON
CONSTITUENCY |
The Englerston
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
junction of East Street and Wulff Road thence southwardly along the centre line
of East Street to Independence Drive thence eastwardly along the centre line of
Independence Drive to Robinson Road thence westwardly along the centre line of
Robinson Road to Claridge Road thence northwardly along the centre line of
Claridge Road to Balfour Avenue thence westwardly along the centre of Balfour
Avenue to Pinedale Street thence northwardly along the centre line of Pinedale
Street to Wulff Road thence westwardly along the centre of Wulff Road to
Collins Avenue thence northwardly along the centre line of Collins Avenue to
Plantol Street thence westwardly along the centre of Plantol Street to East
Street thence southwardly along the centre line of East Street to the point of
commencement. |
FARM ROAD
CONSTITUENCY |
The Farm Road
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
junction of Wulff Road and Market Street thence northwardly along the centre
line of Market Street to Bay Street thence northwardly along the centre line of
a pathway to Woodes Rodgers Walk thence continuing northwardly to a point at the
high water mark of the sea thence eastwardly along the high water mark of the
sea to a point at the high water mark of the sea where the continuation
northwardly of Deveaux Street in an imaginary line meets the point at the high
water mark of the sea thence southwardly along the imaginary line to Deveaux
Street thence southwardly along the centre line of Deveaux Street to Shirley
Street thence westwardly along the centre line of Shirley Street to a point at
the centre line of Shirley Street where the continuation northwardly of Collins
Wall in an imaginary line meets the point at the centre line of Shirley Street
thence southwardly to Collins Wall continuing along Collins Wall to a point at
the centre line of Plantol Street where the continuation of Collins Wall
southwardly in an imaginary line meets the point at the centre line of Plantol
Street thence westwardly along the centre line of Plantol Street to East Street
thence southwardly along the centre line of East Street to Wulff Road thence
westwardly along the centre line of Wulff Road to the point of commencement. |
FORT
CHARLOTTE CONSTITUENCY |
The Fort Charlotte
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at a
point at the high water mark of the sea immediately west of a property called
Renal House thence southeastwardly in an imaginary line to the junction of West
Bay Street and Ferguson Road thence southwardly along the centre line of
Ferguson Road to it terminus thence in an imaginary line southwardly to the
north eastern boundary of Watch Tower Bible Society thence in an imaginary line
southwardly and westwardly and southwardly along a stone wall to a point at the
western terminus of Saunders Road thence eastwardly along the centre line of
Saunders Road to the junction of Lightbourne Avenue and Maxwell Avenue thence
eastwardly and southwardly along the centre line of Maxwell Avenue to Haven
Avenue thence eastwardly along the centre line of Haven Avenue to Maxwell Lane thence
eastwardly along the centre line of Maxwell Lane to Farrington Road, thence
westwardly along the centre line of Farrington Road to Hawthorne Road thence
southeastwardly along the centre line of Hawthorne Road to Thompson Boulevard
thence northeastwardly and northwardly along the centre line of Thompson
Boulevard to the junction of Poinciana Avenue and Nassau Street thence
northwardly along the centre line of Nassau Street to the junction of Nassau
Street and Cambridge Street thence eastwardly along the centre line of
Cambridge Street to the junction of Cambridge Street and Augusta Street thence
northwardly along the centre line of Augusta Street to West Bay Street thence
continuing northwardly in an imaginary line to a point where the continuation of
Augusta Street northwardly meets the point at the high water mark of the sea
thence westwardly along the high water mark of the sea to the point of
commencement. |
FOX HILL
CONSTITUENCY |
The Fox Hill
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
junction of Hillside Park Road and Bernard Road thence eastwardly along the
centre line of Bernard Road to Cockburn Street thence northwardly along the
centre line of Cockburn Street to Step Street thence eastwardly along the
centre line of Step Street to Fox Hill Road thence northwardly along the centre
line of Fox Hill Road to Curtis Close thence eastwardly along the centre line
of Curtis Close to its terminus thence eastwardly in an imaginary line to a
point at the centre line of San Souci Road thence eastwardly along the centre
line of Sans Souci Road to Camperdown Drive thence eastwardly along the centre
line of Camperdown Drive to Sunset Ridge Road thence southwardly along the
centre line of Sunset Ridge Road to Prince Charles Drive thence westwardly
along the centre line of Prince Charles Drive to Jean Street thence northwardly
along the centre line of Jean Street to Hillside Park Road thence northwardly
along the centre line of Hillside Park Road to the point of commencement. |
GARDEN
HILLS CONSTITUENCY |
The Garden Hills
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
junction of Blue Hill Road and Independence Drive thence eastwardly along the
centre line of Independence Drive to a point at the centre line of Independence
Drive where the continuation northwardly of the centre line of Lady Slipper
Avenue meets the point thence southeastwardly along a foot path to the centre
line of Lady Slipper Avenue thence southeastwardly along the centre line of
Lady Slipper Avenue to Soldier Road thence westwardly along the centre line of
Soldier Road to East Street continuing westwardly along the centre line of
Soldier Road to Mall Road thence southwardly along the centre line of Mall Road
to Crab Apple Road thence westwardly along the centre line of Crab Apple Road
to a point at the centre line of the western terminus of Crab Apple Road thence
southwardly in an imaginary line to Flax Terrace at the centre line of a curve
where the continuation northwardly of Flax Terrace in an imaginary line meets
the point at the centre line of Crab Apple Road thence southwardly to Flax
Terrace continuing southwardly along the centre line of Flax Terrace to Malcolm
Road thence westwardly along the centre line of Malcolm Road to Blue Hill Road
thence southwardly along the centre line of Blue Hill Road to Carmichael Road
thence southwestwardly along the centre line of Carmichael Road to a road now
called Allen Road thence northwardly and westwardly along the centre line of
Allen Road to a point at the junction of Fire Trail Road and Allen Road thence
northwardly in an imaginary line which crosses Harrold Pond to a point at the
southern terminus of Knowles Road thence northwardly along the centre line of
Knowles Road to Harrold Road thence eastwardly along the centre line of Harrold
Road to a point at the junction of Harrold Road and Yellow Elder Way thence
northwardly along the centre line of Yellow Elder Way to Powerline Road thence
eastwardly along an imaginary line to a point at the centre of Powerline Road
thence eastwardly along the centre line of Power Line Road to a point where the
continuation northwardly of Duncanson Street in an imaginary line meets the
point thence southwardly in an imaginary line to the intersection of Dennis
Court and Duncanson Street thence eastwardly in an imaginary line to a point at
the centre line of Derby Road thence eastwardly along the centre line of Derby
Road to Roberts Drive thence eastwardly along the centre line of Roberts Drive
to Blue Hill Road thence southwardly along the centre line of Blue Hill Road to
the point of commencement. |
GOLDEN
GATES CONSTITUENCY |
The Golden Gates
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
junction of Carmichael Road and Cedar Way thence northeastwardly along the
centre line of Carmichael Road to Blue Hill Road thence northwardly along the
centre line of Blue Hill Road to Malcolm Road thence southeastwardly along the
centre line of Malcolm Road to Flax Terrace thence northwardly along the centre
line of Flax Terrace to a curve thence continuing northwardly by an imaginary
line to the western terminus of Crab Apple Road where the continuation
northwardly of Flax Terrace in an imaginary line meets the point at the western
terminus of Crab Apple Road thence eastwardly along the centre line of Crab
Apple Road to Mall Road thence northwardly along the centre line of Mall Road
to Soldier Road thence eastwardly along the centre line of Soldier Road to
Richville Terrace (also called Emmanuel Drive) thence southwardly along the
centre line of Richville Terrace (also called Emmanuel Drive) to Malcolm Road
thence southeastwardly along the centre line of Malcolm Road to Sisal Road East
thence southwestwardly along the centre line of Sisal Road East to a point at
the junction of Sisal Road East and Mutton Fish Drive thence southwestwardly in
an imaginary line along a fence of a private property to a point at the
junction of Lobster Avenue and Sisal Road West where the continuation
southwestwardly of Sisal Road East in an imaginary line meets the point at the
junction of Sisal Road West and Lobster Avenue thence southwestwardly along the
centre line of Sisal Road West to Blue Hill Road thence southwardly along the
centre line of Blue Hill Road to St. Vincent Road thence southwestwardly along
the centre line of St. Vincent Road to Shad Street thence northwestwardly along
the centre line of Shad Street to Mermaid Boulevard thence northeastwardly
along the centre line of Mermaid Boulevard to Saxon Street thence northwestwardly
along the centre line of Saxon Street to Golden Gates Straight thence
southwestwardly along the centre line of Golden Gates Straight to Cedar Way
thence northwestwardly along the centre line of Cedar Way to the point of
commencement. |
HOLY
CROSS CONSTITUENCY |
The Holy Cross
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
junction of Prince Charles Drive and St Michael Road thence southeastwardly
along the centre line of Prince Charles Drive to the junction of Prince Charles
Drive and Winters Terrace thence southwardly along the centre line of Winters
Terrace to Spring Terrace thence eastwardly and southeastwardly along the
centre line of Spring Terrace to a point at the centre line of Gleniston Park
Avenue thence southwardly in an imaginary line to a stone wall thence
southwardly along the stone wall to a point at the centre line of the curve of
Sea Breeze Drive thence southwardly and westwardly along the centre line of Sea
Breeze Drive to Bay Lilly Drive thence southwardly along the centre line of Bay
Lilly Drive to Sea Breeze Boulevard thence southwardly along the centre line of
Sea Breeze Boulevard to Joe Farrington Road thence eastwardly along the centre
line of Joe Farrington Road to Fox Hill Road thence southwardly along the
centre line of Fox Hill Road thence southwardly in an imaginary line to a point
at the high water mark along the coast then westwardly along the high water
mark of the sea to a point at the high water mark of the sea where the
continuation of Buttonwood Avenue in an imaginary line southwardly meets a
point at the high water mark thence northwardly to Buttonwood Avenue thence
northwardly along the centre line of Buttonwood Avenue to Pinewood Drive thence
eastwardly along the centre line of Pinewood Drive to Safron Street thence
northwardly along the centre line of Safron Street to Sequoia Street thence
eastwardly along the centre line of Sequoia Street to an unnamed road thence
northeastwardly along the centre line of an unnamed road to Catherine Street
thence southeastwardly along the centre line of Catherine Street to Jackson
Street thence northwardly along the centre line of Jackson Street to Alexandria
Boulevard (also known as North Alexandria Boulevard) thence eastwardly along
the centre line of Alexandria Boulevard (also known as North Alexandria
Boulevard) to East Alexandria Boulevard thence northwestwardly along the centre
line of East Alexandria Boulevard to Esmeralda Avenue continuing
northwestwardly in an imaginary line to a point at the centre line of Gleniston
Subdivision Road where the continuation southwardly of Crepe Myrtle Road meets
the point in an imaginary line at the centre of Gleniston Subdivision Road
thence northwestwardly to Crepe Myrtle Road thence northwestwardly along the
centre line of Crepe Myrtle Road to St. Michaels Road thence eastwardly along
the centre line of St. Michaels Road to the point of commencement. |
KENNEDY
CONSTITUENCY |
The Kennedy
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
Soldier Road and Kennedy Subdivision Road thence eastwardly along the centre
line of Soldier Road to St. Michael Road thence northeastwardly along the
centre line of St. Michael Road to Crepe Myrtle Road thence southeastwardly
along the centre line of Crepe Myrtle Road to its terminus continuing
southeastwardly in an imaginary line to a point at the centre line of Gleniston
Subdivision Road where the continuation of Crepe Myrtle Road southwardly in an
imaginary line meets the point at the centre line of Gleniston Subdivision Road
thence southwardly along a fence in an imaginary line to the junction of an
unnamed road thence southwardly to Esmeralda Avenue and East Alexandria Avenue
thence southwardly along the centre line of East Alexandria Avenue to
Alexandria Boulevard (also known as North Alexandria Boulevard) thence
westwardly along the centre line of Alexandria Boulevard (also known as North
Alexandria Boulevard) to Jackson Street thence southwardly along the centre
line of Jackson Street to Catherine Avenue thence westwardly along the centre
line of Catherine Avenue to William Street thence northwardly along the centre
line of William Street to Alexandria Boulevard thence westwardly along the
centre line of Alexandria Boulevard (also known as North Alexandria Boulevard)
to Bedford Avenue thence northwardly and westwardly along the centre line of
Bedford Avenue to Windsor Place Road thence southwardly along the centre line
of Windsor Place Road to Jumbay Street thence southwestwardly along the centre
line of Jumbay Street to Willow Tree Avenue thence southeastwardly along the
centre line of Willow Tree Avenue to Wise Men Avenue thence southwestwardly
along the centre line of Wise Men Avenue to Winder Terrace thence
northwestwardly along the centre line of Winder Terrace to Malcolm Road thence
northeastwardly along the centre line of Malcolm Road to Kennedy Subdivision
Road thence northwestwardly along the centre line of Kennedy Subdivision Road
to the point of commencement. |
MARATHON
CONSTITUENCY |
The Marathon
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the junction
of Pinedale Street and Wulff Road thence eastwardly along the centre line of
Wulff Road to the junction of Wulff Road, Village Road, Soldier Road and
Bernard Road thence eastwardly along the centre line of Bernard Road to
Hillside Park Road thence southwestwardly along the centre line of Hillside
Park Road to Jean Street thence southwardly along the centre line of Jean
Street to Prince Charles Drive thence westwardly along the centre line of
Prince Charles Drive to St. Michael Road thence southwestwardly along the
centre line of St. Michael Road to Soldier Road thence southwestwardly along
the centre line of Soldier Road to Lady Slipper Avenue thence northwardly along
the centre line of Lady Slipper Avenue to its terminus thence northwardly along
the foot path to Independence Drive thence eastwardly and northeastwardly along
the centre line of Independence Drive to Robinson Road thence westwardly along
the centre line of Robinson Road to Claridge Road thence northwardly along the
centre line of Claridge Road to Balfour Avenue thence westwardly along the
centre line of Balfour Avenue to Pinedale Street thence northwardly along the
centre line of Pinedale Street to the point of commencement. |
MONTAGU
CONSTITUENCY |
The Montagu
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at a
point at the high water mark of the sea to the west of Fort Montagu thence
southwardly in an imaginary line to East Bay Street thence southwardly and eastwardly
to the junction of Shirley Street, East Bay Street and Eastern Road thence
southeastwardly along the centre line of Eastern Road to New Gate Road thence
southwardly along the centre line of New Gate Road to Chamberlain Street thence
eastwardly along the centre line of Chamberlain Street to Richmond Road thence
southwestwardly along the centre line of Richmond Road to the junction of
Richmond Road and Hudson Street thence eastwardly along the centre line of
Hudson Street to Graham Avenue thence in an imaginary line eastwardly to Scott
Alley Street thence eastwardly along the centre line of Scott Alley Street to
Johnson Road thence southwardly along the centre line of Johnson Road to
Braynen Road thence westwardly along the centre line of Braynen Road to Johnson
Estates Road thence southwardly along the centre line of Johnson Estates Road
to Grasshopper Road thence westwardly along the centre line of Grasshopper Road
to a point where the continuation northwardly of Tideswell Road in an imaginary
line meets the point at the centre line of Grasshopper Road thence southwardly
along the imaginary line to Tideswell Road thence southwardly along the centre
line of Tideswell Road to Bernard Road thence eastwardly along the centre line
of Bernard Road to Cockburn Street thence northwardly along the centre line of
Cockburn Street to Step Street then eastwardly along the centre line of Step
Street to Fox Hill Road thence northwardly along the centre line of Fox Hill
Road to Curtis Close thence eastwardly along the centre line of Curtis Close to
the terminus thence in an imaginary line to a point at the centre line of San
Souci Road thence eastwardly along the centre line of Sans Souci Road to
Camperdown Drive thence eastwardly along the centre line of Camperdown Drive to
Sunset Ridge Road thence southwardly along the centre line of Sunset Ridge Road
to Prince Charles Drive thence eastwardly along the centre line of Prince
Charles Drive to Jasmine Drive thence southwardly along the centre line of
Jasmine Drive to Rugby Drive thence westwardly and southwardly along Rugby
Drive to Yamacraw Hill Road thence eastwardly along the centre line of Yamacraw
Hill Road to Freile Terrace thence in an imaginary line to a point at the high
water mark of the sea where the continuation eastwardly of Yamacraw Hill Road
in an imaginary line meets the point at the high water mark of the sea thence
northeastwardly, northwestwardly and westwardly along the high water mark along
the coast to the point of commencement. |
MOUNT
MORIAH CONSTITUENCY |
The Mount Moriah
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Commencing at the
junction of Harrold Road and John F. Kennedy Drive thence eastwardly along the
centre line of John F. Kennedy Drive to Thompson Boulevard thence
southeastwardly and eastwardly along the centre line of Thompson Boulevard to a
point at the junction of Thompson Boulevard and Moss Road thence
southeastwardly in an imaginary line to a point at the junction of Cordeaux
Avenue and Blue Hill Road thence southwardly along the centre line of Blue Hill
Road to Roberts Drive (also called Graham Drive) thence westwardly along the
centre line of Roberts Drive (also called Graham Drive) to Derby Road thence
westwardly along the centre line of Derby Road continuing in an imaginary line
to the intersection of West Dennis Court and Duncanson Street thence
northwardly along the centre line of Duncanson Street to a point at the centre
line of Powerline Road where the continuation northwardly of Duncanson Street
in an imaginary line meets the point at the centre line of Powerline Road
thence westwardly along the centre line of Powerline Road to Yellow Elder Way
thence southwardly along the centre line of Yellow Elder Way to Harrold Road
thence westwardly and northwestwardly along the centre line of Harrold Road to
the point of commencement. |
PINEWOOD
CONSTITUENCY |
The Pinewood
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at a
point at the junction of Jacaranda Street and Thatch Palm Avenue thence
northeastwardly along the centre line of Jacaranda Street to Bay Geranium
Avenue thence northwestwardly along the centre line of Bay Geranium Avenue to
Wise Men Avenue thence eastwardly along the centre line of Wise Men Avenue to
Willow Tree Avenue thence northwardly along to centre line of Willow Tree
Avenue to Jumbay Street thence eastwardly along the centre line of Jumbay
Street to Windsor Place Road thence northwestwardly along the centre line of
Windsor Place Road to Bedford Avenue thence northeastwardly, easterly and
southwardly along the centre line of Bedford Avenue to Alexandria Boulevard
(also known as North Alexandria Boulevard) thence eastwardly along the centre
line of Alexandria Boulevard (also known as North Alexandria Boulevard) to
William Street thence southwardly along the centre line of William Street to
Catherine Avenue thence eastwardly along the centre line of Catherine Avenue to
an unnamed paved road thence southwardly along the centre line of an unnamed
paved road to Sequoia Street thence westwardly along the centre line of Sequoia
Street to Safron Street thence southwardly along the centre line of Safron
Street to Pinewood Drive thence westwardly along the centre line of Pinewood
Drive to Buttonwood Avenue thence southwardly along the centre line of
Buttonwood Avenue to Brazilita Street thence westwardly along the centre line
of Brazilita Street to Pigeon Plum Avenue thence northwardly along the centre
line of Pigeon Plum Avenue to a point at the centre line of Pigeon Plum Avenue
immediately south of Gum Tree Street thence westwardly in an imaginary line to
a point at the junction of Bay Geranium Avenue and Pine Crest Drive which is
south of Maple Street thence southwestwardly along the centre line of Pine
Crest Drive to Thatch Palm Avenue continuing southwestwardly in an imaginary
line to Poinciana Avenue thence northwestwardly along the centre line of
Poinciana Avenue to Bamboo Boulevard thence northeastwardly along the centre
line of Bamboo Boulevard to Thatch Palm Avenue thence northwestwardly along the
centre line of Thatch Palm Avenue to the point of commencement. |
ST.
CECELIA CONSTITUENCY |
The St. Cecelia
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
junction of Wulff Road and Blue Hill Road thence southwardly along the centre
line of Blue Hill Road to Independence Drive thence eastwardly along the centre
line of Independence Drive to East Street thence northwardly along the centre
line of East Street to Wulff Road thence westwardly along the centre line of
Wulff Road to the point of commencement. |
ST. MARGARET
CONSTITUENCY |
The St. Margaret
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at a
point at the high water mark of the sea to the west of Fort Montagu thence
southwardly in an imaginary line to East Bay Street thence southwardly and
eastwardly along the centre line of East Bay Street to the junction of East Bay
Street, Shirley Street and Eastern Road thence southeastwardly along the centre
line of Eastern Road to New Gate Road thence southwardly along the centre line
of New Gate Road to Chamberlain Street thence eastwardly along the centre line
of Chamberlain Street to Richmond Road thence southwestwardly along the centre
line of Richmond Road to the junction of Richmond Road and Hudson Street thence
eastwardly along the centre line of Hudson Street to Graham Avenue thence in an
imaginary line to a point at the centre line of Scott Alley thence eastwardly
along the centre line of Scott Alley to Johnson Road thence southwardly along
the centre line of Johnson Road to Braynen Road thence westwardly along the
centre line of Braynen Road to Johnson Estates Road thence southwardly along
the centre line of Johnson Estates Road to Grasshopper Road thence westwardly
along the centre line of Grasshopper Road to a point at the centre line of
Grasshopper Road where the continuation northwardly of Tideswell Road in an
imaginary line meets the point at the centre line of Grasshopper Road thence
southwardly along an imaginary line to Tideswell Road thence southwardly along
the centre line of Tideswell Road to Bernard Road thence northwestwardly along
the centre line of Bernard Road to the junction of Wulff Road, Village Road,
Soldier Road, and Bernard Road thence westwardly along the centre line of Wulff
Road to Mackey Street thence northwardly along the centre line of Mackey Street
to Pyfrom Road thence eastwardly along the centre line of Pyfrom Road to Kemp
Road thence northwardly along the centre line of Kemp Road to the junction of Kemp
Road, Shirley Street and Fowler Street thence northwardly along the centre line
of Fowler Street to East Bay Street continuing northwardly in an imaginary line
to a point at the high water mark of the sea where the continuation of Fowler
Street northwardly in an imaginary line meets the point at the high water mark
of the sea thence eastwardly along the high water mark of the sea to the point
of commencement. |
ST.
THOMAS MORE CONSTITUENCY |
The St. Thomas
More Constituency shall be all that part of the Island of New Providence which
is enclosed by the following boundary lines- |
(A) Beginning at a
point at the high water mark of the sea where the continuation northwardly of
Deveaux Street in an imaginary line meets the high water mark of the sea thence
southwardly to Deveaux Street thence southwardly along the centre line of
Deveaux Street to Shirley Street thence westwardly along the centre line of
Shirley Street to a point at the centre line of Shirley Street where the
continuation of Collins Wall northwardly in an imaginary line meets the point
at the centre line of Shirley Street thence southwardly along the imaginary
line to Collins Wall thence southwardly along Collins Wall to its terminus
thence southwardly in an imaginary line to Plantol Street where the
continuation of Collins Wall southwardly in an imaginary line meets the point
at the centre line of Plantol Street thence eastwardly along the centre line of
Plantol Street to Collins Avenue thence southwardly along the centre line of
Collins Avenue to Wulff Road thence eastwardly along the centre line of Wulff
Road to Mackey Street thence northwardly along the centre line of Mackey Street
to Pyfrom Road thence eastwardly along the centre line of Pyfrom Road to Kemp
Road thence northwardly along the centre line of Kemp Road to the junction of
Kemp Road, Shirley Street and Fowler Street thence northwardly along the centre
line of Fowler Street to East Bay Street continuing northwardly in an imaginary
line to a point at the high water mark of the sea where the continuation of
Fowler Street northwardly in an imaginary line meets the point at the high
water mark of the sea thence westwardly along the high water mark to the point
of commencement. |
(B) Paradise
Island and all the cays north and east of Paradise Island up to and including
Rose Island. |
SOUTH
BEACH CONSTITUENCY |
The South Beach
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
junction of Blue Hill Road and St. Vincent Road thence southwestwardly along
the centre line of St. Vincent Road to Faith Avenue thence southeastwardly
along the centre line of Faith Avenue to Cowpen Road thence southwestwardly
along the centre line of Cowpen Road to an unnamed Crown Road reservation
thence southeastwardly along the centre line of the unnamed Crown Road
reservation to Marshall Road thence continuing southeastwardly along the centre
line of Marshall Road to a point at the centre line of Marshall Road thence in
an imaginary line southeastwardly to a point at the high water mark of the sea
where the continuation southeastwardly of Marshall Road meets the point at the
high water mark of the sea thence northeastwardly along the high water mark of
the sea to a point at the high water mark of the sea where the continuation of
Buttonwood Avenue southeastwardly in an imaginary line meets the point at the
high water mark of the sea thence northwestwardly along the imaginary line to
Buttonwood Avenue thence northwardly along the centre line of Buttonwood Avenue
to Brazilita Street thence westwardly along the centre line of Brazilita Street
to Pigeon Plum Avenue thence northwardly along the centre line of Pigeon Plum
Avenue to a point at the centre line of Pigeon Plum Avenue immediately south of
Gum Tree Street thence westwardly in an imaginary line to a point at the
junction of Bay Geranium Avenue and Pine Crest Drive which is south of Maple
Street thence southwestwardly along the centre line of Pine Crest Drive to
Thatch Palm Avenue continuing southwestwardly in an imaginary line to Poinciana
Avenue thence northwestwardly along the centre line of Poinciana Avenue to
Bamboo Boulevard thence southwestwardly along the centre line of Bamboo
Boulevard to East Street thence southwardly along the centre line of East
Street to Zion Boulevard thence southwestwardly and westwardly along the centre
line of Zion Boulevard to Blue Hill Road thence northwardly along the centre
line of Blue Hill Road to the point of commencement. |
YAMACRAW
CONSTITUENCY |
The Yamacraw
Constituency shall be all that part of the island of New Providence which is
enclosed by the following boundary lines- |
Beginning at the
junction of Prince Charles Drive and Commonwealth Boulevard thence eastwardly
along the centre line of Prince Charles Drive to Jasmine Drive thence
southwardly along the centre line of Jasmine Drive to Rugby Drive thence
southwestwardly and southwardly along the centre line of Rugby Drive to
Yamacraw Hill Road thence eastwardly along the centre line of Yamacraw Hill
Road to Freile Terrace thence eastwardly in an imaginary line to a point at the
high water mark of the coast where the continuation eastwardly of Yamacraw Hill
road in an imaginary line meets the point at the high water mark of the sea
thence southwestwardly and westwardly along the high water mark along the coast
to a point at the high water mark of the sea where the continuation southwardly
of Fox Hill Road in an imaginary line meets the point at the high water mark of
the sea thence northwardly along the imaginary line to Fox Hill Road thence
northwardly along the centre line of Fox Hill Road to Yamacraw Hill Road thence
eastwardly along the centre line of Yamacraw Hill Road to Australia Avenue
thence northwardly along the centre line of Australia Avenue to Commonwealth
Boulevard thence northwardly along the centre line of Commonwealth Boulevard to
the point of commencement. |
SECOND SCHEDULE (Paragraph 4) |
THE LIMITS OF
GRAND BAHAMA AND BIMINI CONSTITUENCIES |
EIGHT
MILE ROCK CONSTITUENCY |
The Eight Mile
Rock Constituency shall be all that part of the Island of Grand Bahama which is
enclosed by the following boundary lines- |
Beginning at a
point at the high water mark of the sea where the continuation southwardly of
Ocean Hill Boulevard in an imaginary line meets the point at the high water
mark of the sea thence northwardly to Ocean Hill Boulevard thence northwardly
along the centre line of Ocean Hill Boulevard to Santa Maria Avenue thence
northwestwardly and northwardly along the centre line of Santa Maria Avenue to
West Sunrise Highway thence westwardly along the centre line of West Sunrise
Highway to Grand Bahamian Way thence northwestwardly along the centre line of
Grand Bahamian Way to a point at the centre line of Queens Highway at the
eastern end of the Causeway leading to Eight Mile Rock thence northwardly along
the high water mark of Hawksbill Creek to Little Hawksbill Creek to a point at
the high water mark of the sea where the continuation of Regent Street
westwardly by an imaginary line to the point at the high water mark of the sea
thence eastwardly along the imaginary line to Regent Street thence eastwardly
along the centre line of Regent Street to Churchill Drive thence northwardly
along the centre line of Churchill Drive to Bond Street thence eastwardly along
the centre line of Bond Street to Royal Scott Drive thence northeastwardly
along the centre line of Royal Scott Drive to Queens Boulevard thence
southeastwardly along the centre line of Queens Boulevard to Queens Way thence
northeastwardly along the centre line of Queens Way to Devon Court thence
northwardly along the centre line of Devon Court to Royal Scott Drive thence
eastwardly along the centre line of Royal Scott Drive to a point at the curve
of Queens Cove Drive thence northwardly by an imaginary line which runs
parallel to Queens Boulevard to a point at the high water mark of the sea known
as Little Hawksbill Creek immediately east of the Causeway leading to Queens
Cove thence northwardly and westwardly along the northern shore of Grand Bahama
to a point at the high water mark of the sea where the continuation northwardly
of Cemetery Road in an imaginary line meets the point at the high water mark of
the sea thence southwardly in an imaginary line to Cemetery Road thence
southwardly along the centre line of Cemetery Road continuing in an imaginary
line southwardly to a point at the high water mark of the sea where the
continuation southwardly of Cemetery Road in an imaginary line meets the point
at the high water mark of the sea thence eastwardly along the high water mark
of the sea to the point of commencement. |
HIGH ROCK
CONSTITUENCY |
The High Rock
Constituency shall be all that part of the Island of Grand Bahama which is
enclosed by the following boundary lines- |
(A) Beginning at
the junction of East Sunrise Highway and Coral Road thence eastwardly along the
centre line of East Sunrise Highway to Churchill Drive thence northwardly along
the centre line of Churchill Drive to Queens Highway continuing northwardly to
a point at the high water mark of the sea on the north coast of Grand Bahama
where the continuation of Churchill Drive in an imaginary line meets the point
at the high water mark of the sea thence eastwardly, southwardly and westwardly
around the coast of Grand Bahama to a point at the high water mark of the sea
where the continuation southwardly of Sea Horse Lane in an imaginary line meets
the point at the high water mark of the sea thence northwardly along the centre
line of Sea Horse Lane to Royal Palm Way thence westwardly along the centre
line of Royal Palm Way to Coral Road thence northwardly along the centre line
of Coral Road to the point of commencement. |
(B) Sweeting's Cay
and all islands lying for a distance of nine (9) miles to the east south east
of Sweeting's Cay, Water Cay including all cays within fifteen (15) miles. |
LUCAYA
CONSTITUENCY |
The Lucaya
Constituency shall be all that part of the Island of Grand Bahama which is
enclosed by the following boundary lines- |
Beginning at the
junction of East Sunrise Highway and Coral Road thence southwardly along the
centre line of Coral Road to Royal Palm Way thence eastwardly along the centre
line of Royal Palm Way to Sea Horse Lane thence southwardly along the centre
line of Sea Horse Lane to a point at the high water mark of the sea where the
continuation of Sea Horse Lane southwardly in an imaginary line meets the point
at the high water mark of the sea thence westwardly along the high water mark
of the sea to a point at the high water mark of the sea where the continuation
southwardly of Ocean Hill Boulevard in an imaginary line meets the point at the
high water mark of the sea thence northeastwardly along the imaginary line to
Ocean Hill Boulevard thence northwardly along the centre line of Ocean Hill
Boulevard to the junction of Lunar Boulevard and Santa Maria Avenue thence
northwestwardly and northwardly along the centre line of Santa Maria Avenue to
West Sunrise Highway thence westwardly along the centre line of West Sunrise
Highway to Grand Bahamia Way thence northwardly and northwestwardly along the
centre line of Grand Bahamia Way to Queens Highway thence northeastwardly along
the centre line of Queens Highway to John Maxwell Street thence southeastwardly
along the centre line of John Marshall Street to Cadwallader Jones Drive thence
eastwardly along the centre line of Cadwallader Jones Drive to John Wentworth
Avenue thence southwardly along the centre line of John Wentworth Avenue to
Adventurers Way thence eastwardly along the centre line of Adventurers Way to
Frobisher Drive thence southwardly along the centre line of Frobisher Drive to
Poinciana Drive thence eastwardly along the centre line of Poinciana Drive to
East Beach Drive thence southwardly along the centre line of East Beach Drive
to East Sunrise Highway thence eastwardly along the centre line of East Sunrise
Highway to the point of commencement. |
MARCO
CITY CONSTITUENCY |
The Marco City
Constituency shall be all that part of the Island of Grand Bahama which is enclosed
by the following boundary lines- |
Beginning at the
junction of East Sunrise Highway and East Beach Drive thence eastwardly along
the centre line of East Sunrise Highway to Churchill Drive thence northwardly
along the centre line of Churchill Drive to Queens Highway thence continuing
northwardly to a point at the high water mark of the sea on the north coast of
Grand Bahama where the continuation northwardly of Churchill Drive in an
imaginary line meets the point at the high water mark of the sea thence
westwardly along the high water mark of the sea on the northern coast of Grand
Bahama to a point at the high water mark of the sea thence southwestwardly to
an unnamed road thence southwestwardly along the centre line of the unnamed
road to Queens Highway thence southwestwardly along the centre line of Queens
Highway to the junction of West Beach Road and Queens Highway thence
northwestwardly and southwestwardly along the centre line of Queens Highway to
Balao Road thence southwardly along the centre line of Balao Road to East
Settlers Way thence westwardly along the centre line of East Settlers Way to
Sergeant Major Drive thence southwardly along the centre line of Sergeant Major
Drive to East Indiaman Street thence westwardly along the centre line of East
Indiaman Street to Mallard Street thence southwardly along the centre line of
Mallard Street to a point where the continuation southwardly of Mallard Street
meets the point at the centre line of a Utility Service Road (commonly called
Powerline Road) thence northwestwardly, westwardly and northwardly along the
centre line of a Utility Service Road (commonly called Powerline Road) to East
Settlers Way thence westwardly along the centre line of East Settlers Way to
Coral Road thence southwardly along the centre line of Coral Road to Ponce de
Leon Drive thence westwardly along the centre line of Ponce de Leon Drive to
Adventurers Way thence westwardly along the centre line of Adventurers Way to
Frobisher Drive thence southwardly along the centre line of Frobisher Drive to
Poinciana Drive thence eastwardly along the centre line of Poinciana Drive to
East Beach Drive thence southwardly along the centre line of East Beach Drive
to the point of commencement. |
PINERIDGE
CONSTITUENCY |
The Pineridge
Constituency shall be all that part of the Island of Grand Bahama which is
enclosed by the following Boundary Lines- |
Beginning at the
junction of Queens Highway and Grand Bahamia Way thence eastwardly along the
centre line of Queens Highway to John Maxwell Street thence southwardly along
the centre line of John Maxwell Street to Santa Maria Avenue thence eastwardly
along the centre line of Santa Maria Avenue to Cadwallader Jones Drive thence
eastwardly along the centre line of Cadwallader Jones Drive to John Wentworth Avenue
thence eastwardly along the centre line of John Wentworth Avenue to Adventurers
Way thence eastwardly along the centre line of Adventurers Way to Ponce de Leon
Drive thence eastwardly along the centre line of Ponce de Leon Drive to Coral
Road thence northwestwardly along the centre line of Coral Road to East
Settlers Way thence eastwardly along the centre line of East Settlers Way to a
Utility Service Road (commonly called Powerline Road) thence southwardly
eastwardly and southeastwardly along the centre line of the Utility Service
Road (commonly called Powerline Road) to a point at the centre line of the
Utility Service Road (commonly called Powerline Road) where the continuation
southwardly of Mallard Street in an imaginary line meets the point at the
centre line of the Utility Service Road thence northwardly in an imaginary line
to a point at the centre line of Mallard Street thence northwardly along the
centre line of Mallard Street to East Indiaman Road thence eastwardly along the
centre line of East Indiaman Road to Sergeant Major Road thence northwardly
along the centre line of Sergeant Major Road to East Settlers Way thence
eastwardly along the centre line of East Settlers Way to Balao Road thence
northwardly along the centre line of Balao Road to Queens Highway thence
eastwardly along the centre line of Queens Highway to the first unnamed road
leading northward thence northwardly along the centre line of the said unnamed
road about two thousand feet of a private road leading to Bahamas Poultry thence
northwardly along the centre line of the said unnamed road and its continuation
northwardly on an imaginary line to the point at the high water mark of the sea
on the northern coast of Grand Bahama thence westwardly along the sea to a
point at the high water mark of the sea known as Little Hawksbill Creek
immediately eastwardly of a small causeway or bridge leading to Queens Cove
thence southwardly in an imaginary line which runs parallel to Queens Boulevard
to a point at the curve of Queens Cove Drive thence westwardly along the centre
line of Royal Scot Drive to Devon Court thence southwardly along the centre
line of Devon Court to Queens Way thence southwestwardly along the centre line
of Queens Way to Queens Boulevard thence westwardly along the centre line of
Queens Boulevard to Royal Scot Drive thence southwestwardly along the centre
line of Royal Scot Drive to Bond Street thence westwardly along the centre line
of Bond Street to Churchill Drive thence southwestwardly along the centre line
of Churchill Drive to Regent Street thence westwardly along the centre line of
Regent Street thence in an imaginary line to a point at the high water mark of
Hawksbill Creek where the continuation of Regent Street meets the point at the
high water mark of Hawksbill Creek thence southwardly along the Hawksbill Creek
to a point at the centre line of Queens Highway at the eastern end of the
bridge or causeway leading to Eight Mile Rock thence eastwardly and southwardly
along the centre line of Queens Highway to the point of commencement. |
WEST END
AND BIMINI CONSTITUENCY |
The West End and
Bimini Constituency shall be all that part of the Island of Grand Bahama which
is enclosed by the following boundary lines- |
(A) Beginning at a
point at the high water mark of the sea on the northern coast of Grand Bahama
where the continuation northwardly of Cemetery Road in an imaginary line meets
the point at the high water mark of the sea thence southwardly along the
imaginary line to Cemetery Road thence southwardly along the centre line of
Cemetery Road continuing southwardly in an imaginary line to a point at the
high water mark of the sea where the continuation southwardly of Cemetery Road
in an imaginary line meets the point at the high water mark of the sea thence
northwestwardly northwardly eastwardly and southeastwardly along the high water
mark of the sea of Grand Bahama to the point of commencement. |
(B) The Islands of
North Bimini, South Bimini, East Bimini and Cat Cay and all Islands and cays
adjacent thereto or associated therewith and including Great Issacs Light
Station and Ocean Cay. |
THIRD SCHEDULE (Paragraph 5) |
LIMITS OF FAMILY
ISLAND CONSTITUENCIES |
CAT
ISLAND, RUM CAY AND SAN SALVADOR CONSTITUENCY |
The Cat Island,
Rum Cay and San Salvador Constituency shall include- |
(A) Cat Island and all islands and cays within twelve miles of the shoreline of Cat Island; |
|
(C) San Salvador or Watlings Island; |
(D) Conception Island; and |
(E) All islands and cays being within twelve miles of Rum Cay and San Salvador. |
EXUMA
CONSTITUENCY |
The Exuma
Constituency shall include- |
(A) The Exuma Cays which lies northwardly of Great Exuma Islands as far and including Great Ship Channel Cay and Sail Rocks; |
(B) The island of Great Exuma and all cays eastwardly within nine miles of the said island of Great Exuma and westwardly as far as and including such cays; and |
(C) The island of Little Exuma and all islands and cays within nine miles of the said island of Little Exuma. |
LONG
ISLAND AND RAGGED ISLAND CONSTITUENCY |
The Long Island
and Ragged Island Constituency shall include- |
(A) The island of Long Island and all cays situated and lying within nine miles eastwardly, westwards and southwards; and |
(B) Ragged Island and all the islands and cays situate northward and southward within sixty miles of Ragged Island. |
MAYAGUANA,
INAGUA, CROOKED ISLAND, ACKLINS AND LONG CAY CONSTITUENCY |
The Mayaguana,
Inagua, Crooked Island, Acklins, and Long Cay Constituency shall include- |
(A) The islands of Mayaguana, Great and Little Inagua, Crooked Island, Acklins and Long Cay; and |
(B) All the islands and cays within nine miles of the islands of Mayaguana, Great and Little Inagua, Crooked Island, Acklins and Long Cay including Fortune Island, Castle Island, Atwood or Samana Cay and Plana or French Cays. |
NORTH
ABACO CONSTITUENCY |
The North Abaco
Constituency shall include- |
All that part of
the island of Abaco which is enclosed by the following boundaries lines- |
(A) Beginning
at a point at the high water mark of the sea to the south of the Public Dock
where the continuation of Harbour Road southwestwardly by an imaginary line
meets the point at the high water mark of the sea thence eastwardly along the
imaginary line to Harbour Road thence southwestwardly along the centre line of
Harbour Road to Bay Street thence southwestwardly along the centre line of Bay
Street to Crockett Drive thence southwardly along the centre line of Crockett
Drive junction of Crockett Drive to Forest Drive thence southwardly by an
imaginary line to a point at the northwestern boundary of Government
Subdivision thence southwardly along the western boundary of Government
Subdivision to the southwestern corner of Government Subdivision thence by an
imaginary line in a southeastwardly direction to a point of the high water mark
of the sea on the west coast thence westwardly and northwardly along the high
water mark of the sea to West End Point at Little Abaco thence eastwardly along
the high water mark of the sea to Angel Fish Point of Great Abaco thence
continuing eastwardly along the high water mark of the sea to the point of
commencement, and; |
(B) All the
islands and cays situated northwestwardly of Great Abaco and Little Abaco from
Walker's Cay to Hog Cay to Spanish Cay to Ambergris Cay to Green Turtle Cay as
far south as Whale and including Little Jerry Cay and within two miles of the
southern shores of the said islands. |
NORTH
ANDROS AND BERRY ISLANDS CONSTITUENCY |
The North Andros
and Berry Islands Constituency shall include- |
(A) All the islands and cays in the Berry Island Group of Cays; |
(B) The Joutler Cays and all the islands and cays situated within fifteen miles of the northern most point of Andros; and |
(C) All that part of the island of Andros which is enclosed by the following boundary lines- |
Beginning
at a point at the high water mark of the sea on the eastern coast of Andros at
Love Hill thence westwardly in an imaginary line to the Northern Boundary of
the Government School thence continuing in an imaginary line westwardly to Twin
Lake Road to Stafford Creek thence westwardly along the high water mark of
Stafford Creek continuing in an imaginary line westwardly to a point on the
high water mark of the sea on the west coast of Andros thence northwardly
eastwardly and southwardly along the coast of Andros to the point of
commencement. |
NORTH
ELEUTHERA CONSTITUENCY |
The North
Eleuthera Constituency shall include- |
(A) All that part of Eleuthera which lies north of an imaginary line which runs from the eastern coast of Eleuthera westwardly along the southern boundary of Governor's Harbour Airstrip continuing westwardly to the western coast of Eleuthera; and |
(B) All the islands and cays situated and being within nine miles eastward, northward and westward of Governor's Harbour Airstrip including Spanish Wells, Harbour Island and Current Island. |
SOUTH
ABACO CONSTITUENCY |
The South Abaco
Constituency shall include- |
(A) All that
part of the island of Abaco which is enclosed by the following boundary lines- |
Beginning
at a point at the high water mark of the sea to the south of the Public Dock
where the continuation of Harbour Road southwestwardly by an imaginary line
meets the point at the high water mark of the sea thence southwestwardly along
the centre line of Harbour Road Bay Street to Crockett Drive thence southwardly
along the centre line of Crockett Drive to the junction of Crockett Drive and
Forest Drive thence southwardly by an imaginary line to a point at the
northwestern boundary of Government Subdivision thence southwardly along the
western boundary of Government Subdivision thence by an imaginary line in a
southwestwardly direction to the high water mark of the sea on the west coast
of Great Abaco thence southwardly and eastwardly along the high water mark of
the sea to Hole-in-the-Wall thence northwardly and westwardly along the high
water mark of the sea to the point of commencement; and |
(B) All the
islands and cays situated northwardly and eastwardly of Great Abaco from Guana
to Man-o-War Cay to Elbow Cay to Lynard Cay and all the islands and cays
situate westwardly of Great Abaco including Gorda Cay and Moores Island. |
SOUTH
ANDROS CONSTITUENCY |
The South Andros
Constituency shall include- |
(A) All the islands and cays south and west of Andros within fifteen miles of South Andros including Cay Sal Bank for a distance of one hundred and sixty miles from the southernmost point of Andros Island; and |
(B) All that part of Andros which is enclosed by the following boundary lines- |
Beginning
at a point at the high water mark of the sea on the eastern coast of Andros at
Love Hill thence westwardly in an imaginary line to the Northern Boundary of
the Government School thence continuing in an imaginary line westwardly to Twin
Lake Road thence northwardly along the centre line of Twin Lake Road to
Stafford Creek thence westwardly along the high water mark of Stafford Creek
continuing in an imaginary line westwardly to a point at the high water mark of
the sea on the west coast of Andros thence southwestwardly to North Bight
entrance continuing to South Bight entrance as far south as Water Cays thence
eastwardly to Curly Cut Cays thence northwardly to South Bight entrance
continuing to North Bight entrance thence to the point of commencement. |
SOUTH
ELEUTHERA CONSTITUENCY |
The South
Eleuthera Constituency shall include- |
(A) All that part of Eleuthera which lies south of an imaginary line which runs from the eastern coast of Eleuthera along the southern boundary of Governor's Harbour Airstrip continuing westwardly to the western coast of Eleuthera. |
(B) All the islands and cays situated and being within nine miles southwards, eastwards and westwards of Governor's Harbour Airstrip. |
PUBLIC SERVICE (DELEGATION OF POWERS) ORDER |
| | |
|
| S.I. 2/1975
S.I. 16/1977
S.I. 8/1989
S.I. 109/1991 | |
| (ARTICLE 110) | | |
1. This
Order may be cited as the Public Service (Delegation of Powers) Order. | Citation. |
2. The
power- | Delegation of powers. |
(a) to appoint on probation or on temporary terms, other than a contract officer (as defined in section 2 of the Public Service Act) or on promotion or transfer, to any office specified in Part I of the Schedule to this Order; |
(b) to remove any such officer from any such office or to exercise disciplinary control over any such officer holding any such office save in any case where the officer has been convicted on the same facts of a criminal offence; and |
(c) to grant, defer or withhold any increment of any officer serving in any such office other than an officer appointed on temporary terms or on probation, |
shall be
exercisable, subject to the provisions of this Order, by the officers for the
time being lawfully exercising the functions of the offices specified in Part
II of the said Schedule in respect of the Ministries and Departments of
Government with which they are respectively concerned. |
3. The
powers conferred upon officers by paragraph 2 of this Order shall be exercised
in accordance with the terms of any relevant regulations at the time in force
under Article 125(1) of the Constitution, subject to the following conditions
and restrictions- | Conditions of exercise of powers. |
(a) every appointment shall be made at the minimum of the salary scale or at a salary previously determined with the agreement, of, and confirmed in writing by, the Public Service Commission; |
(b) every appointment other than a temporary appointment shall be on probation for twelve months and confirmation of appointment after completion of probation shall in all cases be referred to the Public Service Commission; |
(c) every temporary appointment shall be on a daily, weekly or monthly basis; |
(d) no appointment shall be made of any person who has been convicted of a criminal offence without prior consultation with the Director of Public Personnel; |
(e) in any case where an officer exercises any of the powers delegated to him under this Order he shall without delay make a report in duplicate to the Director of Public Personnel and a copy of such report shall be forwarded to the Public Service Commission; in the case of first appointments the report shall be accompanied by completed Application for Employment Forms. |
4. The
power to appoint an officer in accordance with the provisions of section 16(1)
of the
Public Service Act, to discharge the duties of an office of responsibility (as
defined in section 15 of that Act) other than the office of Head or Deputy Head
of a Department shall be exercisable by the officers specified in Part II of
the
Schedule to this Order in respect of the Ministries and Departments of
Government with which they are respectively concerned: | Acting appointment. |
Provided that no
such appointment shall be made for any period in excess of four weeks: |
Provided further
that the officer so appointed shall- |
(a) be the senior officer in the Ministry or Department in the rank of the office of responsibility in which he is to act; and |
(b) be fully qualified in every way to discharge the duties of that office. |
5. Any
officer other than an officer on hourly or daily rates of pay or who has
completed less than fifty-two weeks of continuous service on weekly rates may
appeal to the Public Service Commission in accordance with the provisions of
any relevant regulation at the time in force under Article 125(1) of the
Constitution against any decision in any disciplinary proceedings taken against
him under the authority of the foregoing provisions of this Order, and it shall
be the responsibility of the officer conducting such proceedings to inform the
officer concerned of such right of appeal. | Appeals to Public Service Commission. |
6. The
power- | Delegation to officers of or above the rank of
Assistant Superintendent of Prisons. |
(a) to appoint
to the office of prison officer, shall be exercisable by the officer for the
time being lawfully exercising the functions of the office of Superintendent of
Prisons; |
(b) to exercise
disciplinary control over any person holding the office of prison officer,
shall be exercisable by the respective officers for the time being lawfully
exercising the functions of the offices of Superintendent of Prisons, Deputy
Superintendent of Prisons and Assistant Superintendent of Prisons; |
and any such
power shall be exercisable subject to and in accordance with the provisions of
the
Prisons Act and any subsidiary legislation made thereunder. |
7. The
power to interdict any public officer, other than a public officer holding an
office referred to in Article 109(1) of the Constitution or specified in
Part II of the Schedule to this Order, from the exercise of the powers and
functions of his office in accordance with regulation 37 of the Public Service
Commission Regulations, shall be exercisable by the Director of Public
Personnel. | Delegation of power of interdiction. |
8. Nothing
in this Order contained shall authorise the exercise of disciplinary control in
respect of any matter in respect of which an officer has been convicted of a
criminal offence, or the requiring of any officer to retire in the public
interest. | Limitation of disciplinary powers. |
9. Nothing
in this Order contained shall be construed to prevent the exercise by the
Governor-General acting on the advice of the Public Service Commission of any
power the exercise of which has been delegated under the Order. | Saving of powers of Governor-General. |
SCHEDULE (Paragraphs 2 and 4) |
PART I |
(a) Any officer remunerated at hourly, daily or weekly rates and provided for in the Estimates under the heading "Other Charges" or "Special Expenditure" or "Non-recurrent Expenditure"; |
(b) any office marked in the Estimates as being within Scales AF12, C1, D14, F18, FS7, H10, M, T, TR11, U11, or W14; |
(c) any non-pensionable office for which provision is made in the Estimates at a salary per annum of less than the basic minimum salary of the scales listed in paragraph (b) above; |
(d) any office marked in the Estimates as being within the following scales- |
|
(ii) N7 at a salary not exceeding the basic minimum; |
|
(iv) S10 at a salary not exceeding the basic minimum. |
PART II |
Secretary to
Cabinet
Financial Secretary
Director of Legal Affairs
Permanent Secretary
Director of Public Personnel
Commissioner of Police
Auditor General
Registrar, Supreme Court
Secretary to the Service Commissions Clerk, House of Assembly |
[i]PUBLIC SERVICE BOARD OF
APPEAL (APPROPRIATE REPRESENTATIVE BODY) ORDER |
| S.I. 55/1969 | |
(ARTICLE 114) | | | [Commencement 7th November,
1979] |
| |
1. This
Order may be cited as the Public Service Board of Appeal (Appropriate
Representative) Body Order. | Citation. |
2. The
Bahamas Public Services Union is hereby designated as the appropriate
representative body for the purposes of Article 114 of the Constitution. | Designation of appropriate representative body. |
[ii]PUBLIC SERVICE (LIMITATION
OF APPEALS) REGULATIONS |
| S.I. 57/1971 | |
(ARTICLE 115) | | | [Commencement 17th
June, 1971] |
| |
1. These
Regulations may be cited as the Public Service (Limitation of Appeals) Regulations. | Title. |
2. In these
Regulations, unless the context otherwise requires- | Interpretation. |
"appeal"
means an appeal to the Board against a recommendation of the Public Service
Commission; |
"Board"
means the Public Service Board of Appeal constituted by Article 114 of the
Constitution; |
"emoluments"
means gross salary but does not include any non-pensionable allowance. |
3. (1) No
appeal shall lie to the Board at the instance of any public officer, who, at
the date of the recommendation in respect of which it is sought to appeal, is
the substantive holder of an office in the approved salary scales the
emoluments of which do not exceed the following amounts- | Appeals by certain classes of officer excluded. |
office in Scale C |
3,900 dollars; |
office in Scale S or S1 |
4,100 dollars; |
office in Scale N or N2 |
65,000 dollars; |
any other office |
5,000 dollars. |
|
(2) For the
purposes of this regulation any officer appointed upon monthly, weekly or
hourly rates of pay shall be deemed to be the holder of an office the
emoluments of which are equal to the annual value of his appointment. |
4. No
appeal shall lie to the Board against any recommendation for the imposition
upon any officer of any of the following penalties- | Appeals against certain penalties excluded. |
(a) deferment of increment; |
(b) withholding of increment; |
|
PUBLIC SERVICE BOARD OF APPEAL REGULATIONS, 1991 |
| S.I. 90/1991 | |
(ARTICLE 115) | | | [Commencement 1st
November, 1991] |
| |
1. These
Regulations may be cited as the Public Service Board of Appeal Regulations,
1991. | Citation. |
2. In these
Regulations, unless the context otherwise requires- | Interpretation. |
"Article"
means Article of the Constitution; |
"authority"
means- |
(a) any officer
to whom power has been delegated in accordance with the provisions of Article
110; or |
(b) any
tribunal appointed in accordance with the provisions of subparagraph (b) of
paragraph (3) of Article 120, or subparagraph (a) of paragraph (10) of Article
136; |
"Board"
means the Public Service Board of Appeal constituted by the provisions of
paragraph (1) of Article 114; |
"Chairman"
means the person appointed in accordance with the provisions of subparagraph
(a) of paragraph (1) of Article 114 as Chairman of the Public Service Board of
Appeal and includes any person duly appointed to act as Chairman; |
"emoluments"
means gross salary but does not include any non-pensionable allowance; |
"legal
representative" has the meaning assigned thereto by subparagraph (a) of
paragraph (6) of Article 124; |
"notice of
appeal" in Part II means any request for a hearing or any representation
made by an applicant under subparagraph (a) of paragraph (3) of Article 124; |
"Secretary"
means the Secretary to the Board. |
PART I
APPEALS IN RESPECT OF DECISIONS IN DISCIPLINARY CASES |
3. (1)
Every appeal to the Board against a decision referred to in paragraph (1) of
Article 115 shall be made in writing and be signed by the public officer
concerned or by his Legal Representative. | Time and manner of lodging appeals. |
(2) Every notice
of appeal shall be lodged at the office of the Secretary within the period of
twenty-eight days after the date upon which the officer received written notice
of the decision in respect of which the appeal is made. |
(3) Every notice
of appeal shall include an address for correspondence where the officer
concerned may readily be contacted and shall, if possible, include a Post
Office Box number. |
4. Upon
receipt of a notice of appeal lodged in accordance with regulation 3, the
Secretary shall obtain from the Permanent Secretary of the Ministry of Public
Personnel, the personal file relating to the officer concerned and such other
information as may be considered relevant and shall forward the same to the
Chairman. | Procedure on receipt of notice of appeal. |
5. (1) The
Board shall sit at such time and in such places as may be convenient for the
purpose of hearing any appeal and shall notify the officer in writing of the
proposed time and place of the hearing at least seven days in advance thereof. | Notification of hearing. |
(2) Notification
of the hearing shall be given to the officer by sending to him- |
(a) by
registered post to the address for correspondence specified under paragraph (3)
of regulation 3, a notice signed by the Secretary and stating the time and
place of the hearing; or |
(b) where no
postal address has been specified in care of the Ministry or department of the
Government in which he was serving at the time when the decision was made, a
notice signed by the Secretary and stating the time and place of the hearing. |
(3) Receipt of the
notification by the Ministry or department in care of which the notification
was sent shall be deemed to be good service thereof upon the officer concerned
unless the officer establishes to the satisfaction of the Board that he was
unaware of the notice. |
6. Unless
by leave of the Board and for good cause, shown, no fresh evidence which was
not before the Public Service Commission upon their consideration of the matter
shall be admitted at the hearing of an appeal. | Fresh evidence. |
7. When the
Board has heard and determined any appeal, the Secretary shall communicate the
decision reached thereon to the Public Service Commission and to the officer
concerned. | Notification of decision of Board. |
PART II
APPEALS IN RESPECT OFDECISIONS AFFECTING PENSION BENEFITS |
8. (1)
Every request to the Board made by the officer concerned or by his Legal or
Personal Representative in accordance with subparagraph (a) of paragraph (3) of
Article 124 against a decision referred to in paragraph (1) of Article 124
shall be made in writing and signed by the officer concerned or by his personal
Representative and shall- | Time and manner of lodging appeals under this Part. |
(a) specify the decision of the appropriate Service Commission or authority in respect of which the appeal is made; |
(b) contain a brief outline of the grounds upon which the officer intends to rely in support of his appeal; |
(c) state whether the officer concerned wishes to be heard in person or by his legal representative; |
(d) state whether the officer concerned wishes the Board to consider all documents that were available to the Commission or authority concerned and any further document relating to the case. |
(2) Every notice of appeal shall be lodged- |
(a) in the case of a decision by the appropriate Service Commission, with the Secretary; and |
(b) in the case of a decision by an authority, at the office of that authority. |
(3) Every notice
of appeal shall be delivered to the Secretary within twenty-eight days of the
date upon which the officer was notified of the decision in respect of which
the appeal is made. |
(4) Every notice
of appeal shall include an address for correspondence, where the officer
concerned may readily be contacted and shall, if possible, include a Post
Office Box Number. |
9. (1) Upon
receipt of any notice of appeal lodged in accordance with subparagraph (a) of
paragraph (2) or regulation 8, the Secretary shall obtain from the Permanent
Secretary of the Ministry of Public Personnel, the personal file relating to
the officer concerned and such other information as may be considered relevant
and shall forward the same to the Chairman. | Procedure on receipt of notice of appeal under this
Part. |
(2) Upon receipt
of a notice of appeal lodged in accordance with subparagraph (b) of paragraph
(2) of regulation 8, the authority shall forward the same to the Secretary
together with the personal file relating to the officer concerned and such
other information as may be considered relevant and the Secretary shall forward
the same to the Chairman. |
10. (1) The
Board shall sit at such time and in such places as may be convenient for the
purpose of hearing any appeal and shall notify the officer concerned or his
legal representative in writing of the proposed time and place of the hearing
at least fourteen days in advance thereof. | Notification of hearing under this Part. |
(2) Notification
of the hearing shall be given to the officer in the manner provided for in
paragraph (2) of regulation 5 but where an officer to whom a pension has been
granted is resident outside The Bahamas and that residential address cannot be
ascertained, the notification may be sent to the address to which his pension
is being sent. |
(3) Notification
shall be deemed to have been given to an officer to whom a pension has been
granted and who is resident outside The Bahamas but whose residential address
cannot be ascertained twenty-eight days after it has been sent by prepaid
registered airmail post to the address to which his pension is being sent. |
PART III
GENERAL |
11. Subject
to the provisions of Article 115 and 124 of the Constitution no appeal shall lie
to the Board against any recommendation for the imposition upon any officer of
either of the following penalties- | Appeals against certain penalties excluded. |
(a) deferment of increment; |
(b) withholding of increment; |
|
12. At the
hearing of an appeal the officer concerned shall be entitled to be present and
to be heard either in person or by a legal representative in support of his
appeal. | Procedure at hearing. |
13. If an
officer notifies the Board that he does not intend to be present in person or
by his legal representative at the hearing of his appeal, or if he fails to
appear and it is shown to the satisfaction of the Board that notification of
the time and place of hearing has been duly served in accordance with
regulations 5 and 10 the Board shall proceed with the hearing and determination
of the appeal in his absence. | Non-appearance of officer. |
14. The
Board shall if it deems fit grant the officer concerned or his legal
representative leave to amend the notice of appeal. | Amendment of notice appeal. |
JUDICIAL AND LEGAL SERVICE COMMISSION REGULATIONS | | | | [Commencement 15th May, 1973] |
ARRANGEMENT OF CONTENTS |
PART I PRELIMINARY |
Title.
|
Interpretation.
|
PART II JUDICIAL AND LEGAL SERVICE COMMISSION |
Appointment and function of the Secretary.
|
Quorum and voting.
|
Record of meetings and decisions.
|
Other decisions.
|
Privilege from disclosure in legal proceedings.
|
Protection of members from legal proceedings.
|
Consultation with persons other than members.
|
Documents to be made available.
|
Failure to comply with requirement of Commission.
|
Improper influence.
|
Penalty for supplying false information to Commission.
|
Unauthorised disclosure of information.
|
PART III APPOINTMENTS, PROMOTIONS AND TRANSFERS |
Functions of the Commission with regard to appointments, promotions and transfers.
|
Supervision of recruitment.
|
Advertisement of vacancies.
|
Principles and procedure applicable to selection for promotion.
|
Maintenance of a confidential report system.
|
Principles and procedure applicable to selection for acting appointments.
|
Selection for scholarships and courses.
|
Procedure for transfers.
|
Procedure in case of urgency.
|
Detailed procedure for appointments, promotions and transfers.
|
PART IV DETERMINATION OF APPOINTMENTS AND EXTENSION OF PROBATIONARY SERVICE |
Termination of appointment on abolition of office.
|
Termination of non-pensionable appointments.
|
Probationary appointments.
|
PART V DISCIPLINE |
A. General |
Premature termination of contract and withholding of gratuities.
|
Regulations to govern disciplinary procedure.
|
Cases not otherwise provided for.
|
Functions of the Commission with regard to discipline.
|
Grounds for criminal prosecution.
|
No dismissal while criminal proceedings pending.
|
Disciplinary action after acquittal on a criminal charge.
|
Copies of evidence of inquiries.
|
Interdiction.
|
Non-payment of salary on conviction on a criminal charge.
|
Interdicted officers not to leave the Commonwealth of The Bahamas.
|
Punishments.
|
B. Proceedings Against Judicial and Legal Officers |
Proceedings for dismissal.
|
Proceedings for misconduct not warranting dismissal.
|
Proceedings against a judicial or legal officer for retirement in the public interest.
|
Criminal conviction of a judicial or legal officer.
|
C. Procedure on Admission of Offences |
Admission of offence.
|
D. Miscellaneous |
Absence from duty without leave.
|
Withholding and restriction of increments.
|
| [iii] JUDICIAL AND LEGAL SERVICE COMMISSION REGULATIONS |
|
|
|
| S.I. 33/1973
S.I. 80/1975 |
|
(ARTICLE 125) |
|
|
PART I
PRELIMINARY |
1. These
Regulations may be cited as the Judicial and Legal Service Commission
Regulations. | Title. |
2. In these
Regulations unless the context otherwise requires- | Interpretation. |
"appointment"
means- |
(i) the
conferment of an office of emolument referred to in Article 117 of the
Constitution, in the public service, whether or not subject to subsequent
confirmation, upon a person not in the public service; |
(ii) the grant
of permanent and pensionable terms of service in a public office, referred to
in Article 117 of the Constitution, to a
person recruited and serving on contract terms of service or in a
non-established capacity in a pensionable or non-pensionable office; |
(iii) the
engagement in a public office, referred to in Article 117 of the Constitution, of
a person on contract terms of service for a further period of service on the
conclusion of his previous period of engagement on contract terms in the same
or other public office; and |
(iv) the
appointment of a public officer to act in any public office, referred to in
Article 117 of the Constitution, other than that to which he is substantively
appointed; |
"the Chairman" means the Chairman of the Commission; |
"the Commission" means the Judicial and Legal Service Commission constituted under the provisions of Article 116 of the Constitution; |
"the committee" means a committee appointed under the provisions of these Regulations; |
"court" means either the Supreme Court or a magistrate's court; |
"criminal charge" means a charge in respect of an offence for which the court imposes a sentence of imprisonment without the option of a fine, or any other offence which in the opinion of the Commission involves serious moral turpitude; |
"disciplinary control" includes control in so far as it relates to dismissal; |
"Director of Public Personnel" means any holder for the time being of the post of Director of Public Personnel; |
"Head of Department" means the Registrar of theSupreme Court, the Director of Legal Affairs or the Registrar General; |
"judicial or legal office" means an office referred to in Article 117 of the Constitution; |
"judicial or legal officer" means the holder of a judicial or legal office; |
"member" means any person appointed to theCommission under the provisions of Article 116 of the Constitution and includes any temporary member; |
"non-pensionable officer" includes an officer serving under a contract or agreement which does not provide for the payment of a pension; |
"office of emolument" in relation to a Judicial or Legal office means any pensionable or non-pensionable post which is shown under a Personal Emolument sub-head in current Commonwealth of The Bahama Islands estimates; |
"official document" means any document or paper prepared by any public officer in the course of his employment or any document or paper which comes into the custody of any public officer in the course of such employment; |
"Permanent Secretary" means the Permanent Secretary who exercises supervision over the Registrar General's Department; |
"promotion" means the conferment upon a person in the public service of a judicial or legal office, to which is attached a higher salary or higher salary scale than that attached to the office to which he was last substantively appointed; |
"public office", "public officer" and "public service" shall have the same meanings as are assigned to those expressions in the Constitution except that the definition of the expression "office of emolument" used therein shall be limited to the meaning given in these Regulations; |
"salary" means basic salary; |
"Secretary" means the secretary to the Judicial and Legal Service Commission; |
"seniority" means the relative seniority of officers and except as may be otherwise provided by the Commission or in these Regulations shall be determinable and shall be regarded as having always been determinable as follows: |
(i) as between
officers of the same grade- |
(a) by reference to the dates on which they respectively entered that grade; |
(b) if any officers entered that grade on the same day by reference to their seniority on the day immediately preceding that day; |
(c) if any officers who entered the same grade on the same day did so by appointment and not by promotion (excluding promotion from a non-pensionable to a pensionable grade), their seniority relative to each other shall be determinable by reference to their respective ages; |
(ii) as between
officers of different grades on the same salary scale or the same flat rate of
salary, by reference to the dates on which they respectively entered their
grades; |
(iii) as
between officers of different grades on different salary scales, by reference
to the maximum point on their salary scales, a flat rate of salary being
regarded for this purpose as a salary scale with a maximum point equivalent to
the flat rate: |
Provided that,
when assessing the seniority of a pensionable public officer, service by that
officer or any other person in a non-pensionable capacity shall not be taken
into account; |
"transfer"
means the conferment upon a public officer, to whom these Regulations apply,
whether permanently or otherwise of some public office other than that to which
the officer was last substantively appointed, not being a promotion; but the
posting of an officer between duty posts in the same grade within a Department
shall not be regarded for this purpose as a transfer. |
PART II
JUDICIAL AND LEGAL SERVICE COMMISSION |
3. (1) The
Governor General, acting on the recommendation of the Commission, shall appoint
a secretary to the Commission, and such other staff as the Commission shall
from time to time think necessary. | Appointment and function of the Secretary. |
(2) The secretary
to the Commission and other staff of the Commission shall be public officers. |
(3) The secretary
shall not be a member of the Commission and his functions and duties shall be
limited to matters of an administrative nature. |
4. (1)
Every meeting of the Commission shall be presided over by the Chairman and the
Chairman and two members shall form a quorum for a meeting. | Quorum and voting. |
(2) Any question
proposed for a decision at any meeting of the Commission shall be determined by
a majority of the votes of the members present and voting and if on any such
question the votes are equally divided the Chairman shall have and exercise a
casting vote. |
5. A record
shall be kept of the members present and of the business transacted at every
meeting of the Commission. Any member who is present at a meeting when a
decision is made shall be entitled to dissent therefrom and to have his dissent
and his reasons therefor set out in the record of such meeting. | Record of meetings and decisions. |
6. A decision
may be made by the Commission without a meeting by circulation of the relevant
papers among the members and the expression of their views in writing; and in
any such case the decision shall be the view of the majority of members
expressing a view: | Other decisions. |
Provided that if
any member requires that a decision on a matter being dealt with by circulation
of the relevant papers shall be deferred until the subject matter shall be
considered at a meeting of the Commission, no decision shall be made on that
subject except at a meeting of the Commission: |
Provided further
that where a member dissents from a view recorded by a majority of members on
paper circulated for a decision, the decision shall not be implemented until
that member records the reasons for his view. |
7. Any
report, statement of other communication or record of any meeting, inquiry or
proceedings which the Commission may make in exercise of its functions or any
member may make in performance of his duties, or in discharge of any duty to
the Governor-General or to any public officer, shall be privileged in that its
production may not be compelled in any legal proceedings if the
Governor-General certifies that such production is not in the public interest. | Privilege from disclosure in legal proceedings. |
8. The
Chairman and any member shall have such and like protection and privilege in
case of any action or suit brought against him for any act done or omitted to
be done in the execution of his duties under these Regulations as is by law
given to the acts done or words spoken by a judge of the Supreme Court in the
exercise of his judicial office. | Protection of members from legal proceedings. |
9. The
Commission may require any public officer to attend and give evidence before it
concerning any matter which it is required to consider in the exercise of its
functions, and may, unless the Governor-General certifies that such production
is not in the public interest, require the production of any official document
relating to any such matter. | Consultation with persons other than members. |
10. Any
public officer who submits any matter for the consideration of the Commission
shall ensure that all relevant documents and papers are made available to the
Commission. | Documents to be made available. |
11. Any
public officer who without reasonable excuse fails to appear before the
Commission when required by the Commission to do so or who fails to comply with
any other requirement lawfully and properly made by the Commission shall be
guilty of a breach of discipline and the Commission may refer the matter to the
Public Service Commission, in the case of an officer not holding a judicial or
legal office, in order that disciplinary proceedings may be instituted against
him, or, in the case of a public officer holding a judicial or legal office,
direct the head of Department, or the Permanent Secretary, as the case may be,
that disciplinary proceedings should be instituted against him and the Head of
Department or the Permanent Secretary, as the case may be, shall act
accordingly. | Failure to comply with requirement of Commission. |
12. Any
person who otherwise than in the course of his duty, directly or indirectly by
himself or by any other person in any manner whatsoever, influences or attempts
to influence any decision of the Commission or of the Chairman or of any member
shall be guilty of an offence and upon summary conviction be liable to a fine
not exceeding one hundred and fifty dollars or to imprisonment for a term not
exceeding six months or to both such fine and imprisonment: | Improper influence. |
Provided that
nothing in this regulation shall prohibit any person who may properly give a
certificate or testimonial to any applicant or candidate for any public office,
from giving such a certificate or testimonial or from supplying any information
or assistance at the request of the Commission. |
13. Any
person who in connection with any 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 make a recommendation to the Governor-General or to make
any decision, wilfully gives to the Commission or to any member thereof, or to
any person or body of persons properly appointed to assist the Commission in
the exercise of its functions or the discharge of its duties, any information
which he knows to be false or does not believe to be true, or which he knows to
be false by reason of the omission of any material particular, shall be guilty
of an offence and upon summary conviction be liable to a fine not exceeding
three hundred dollars or to imprisonment for a term not exceeding one year or
to both such fine and imprisonment. | Penalty for supplying false information to Commission. |
14. (1)
Neither the Chairman nor any member nor any other person shall without the
written permission of the Governor-General publish or disclose to any person
otherwise than in exercise of his functions under these Regulations the
contents of any document, communication or information whatsoever which has
come to his notice in the course of his duties in respect of any matter
referred to the Commission, and any person who knowingly acts in contravention
of this regulation shall be guilty of an offence and upon summary conviction be
liable to a fine not exceeding three hundred dollars or to imprisonment for a
term not exceeding one year or to both such fine and imprisonment. | Unauthorised disclosure of information. |
(2) If any person
having possession of any information which to his knowledge has been disclosed
in contravention of the provisions of paragraph (1) of this regulation,
publishes or communicates to any other person any such information otherwise
than for the purpose of any criminal prosecution or of disciplinary proceedings
in respect of such disclosure, he shall be guilty of an offence and upon
summary conviction be liable to a fine not exceeding three hundred dollars or
to imprisonment for a term not exceeding one year or to both such fine and
imprisonment. |
PART III
APPOINTMENTS, PROMOTIONS AND TRANSFERS |
15. The
Commission shall advise the Governor-General on- | Functions of Commission with regard to appointments,
promotions and transfers. |
(a) appointments,
promotions and transfers to public offices to which Article 117 of the
Constitution
applies; |
(b) petitions
against decisions by the Governor-General under Article 117 of the
Constitution, in respect of appointments, promotions and transfers. |
16. In
order to discharge its duties under the provisions of regulation 15 the Commission
shall exercise supervision over and approve any scheme for appointment to a
judicial or legal office by examination or for the award of any scholarship for
training for a judicial or legal office, and over any other method of
recruitment including the appointment and procedure of any board for the
selection of candidates. | Supervision of recruitment. |
17. Where
any vacancy is not to be filled by promotion or by the result of an
examination, a scholarship or a training award, the vacancy shall, unless the
Commission otherwise directs, be notified to the public by advertisement in
time to enable candidates to make application in accordance with such advertisement. | Advertisement of vacancies. |
18. (1) In
considering the claim of any judicial or legal officer for promotion, merit and
ability shall be taken into account as well as seniority, experience and formal
qualifications. | Principles and procedures applicable to selection for
promotion. |
(2) Any
recommendations made to the Commission for promotion shall state whether the
person recommended is the senior officer in the department or grade eligible
for promotion and, where this is not the case, detailed reasons shall be given
in respect of each person in that department of grade over whom it is proposed
that the person recommended should be promoted. |
19. In
order to discharge its duties under regulation 18 the Commission may issue such
directions as it may see fit for the maintenance of a system of confidential
reports on judicial and legal officers and for their safe custody. | Maintenance of a confidential report system. |
20. The
procedure for making acting appointments shall be the same as that prescribed
in these Regulations for making a promotion. Any recommendation to the
Commission for the making of an acting appointment, except one under subsection
(2) of section 16 of the Public
Service Act, shall contain a statement whether or not the officer recommended
for acting appointment is in every way qualified to perform all the duties of
the office in which he is to act. | Principles and procedures applicable to selection for
acting appointments. |
21. The
procedure for making appointments shall be followed where it is desired to
select an officer for a scholarship or a course of training which is designed
to fit him for a higher post or which may enhance his qualifications for
promotion. | Selection for scholarships and courses. |
22. The
procedure for transfers shall, where any increase in emoluments is involved, be
that prescribed in these Regulations for promotions, and, in any other case, be
that so prescribed for appointments. | Procedure for transfers. |
23. When it
is necessary to make an appointment, promotion or transfer of a judicial or
legal officer, the procedure in the subsequent regulations in this Part of
these Regulations shall be followed except that, where any delay involved in
carrying out such procedure is likely to cause serious inconvenience, the Head
of Department or the Permanent Secretary, as the case may be, shall report the
matter to the Chairman who may as a matter of urgency recommend an acting appointment
without regard to that procedure. The Chairman shall notify all members of the
Commission as soon as possible after he has made a recommendation under this
regulation. | Procedure in cases of urgency. |
24. The
appointment, promotion and transfer of judicial and legal officers shall be
made by the Governor-General, acting in accordance with the recommendation of
the Commission and, subject to the provisions of regulation 23 of these
Regulations, the following procedure shall be followed- | Detailed procedure for appointments, promotion and
transfers. |
(a) the Head of Department shall, after verifying from the Director of Public Personnel that there is no establishment or financial objection to the filling of the post, report to the Secretary without delay the creation of a new post or any impending vacancy in an existing post in his department. The report shall include a recommendation as to how the post should be filled and whether or not the post should be advertised; |
(b) in the case of a vacancy in the post of Registrar General or Deputy Registrar General the Permanent Secretary shall follow the procedure in Regulation 24(a); |
(c) if the Commission decides that a post should be advertised, the Commission shall arrange the publication of the advertisement and shall receive the replies to the advertisement; |
(d) the Commission may interview the candidates for any post or it may appoint a selection board for this purpose and the selection board shall report to the Commission in such manner as the Commission directs. The Commission shall take into consideration the recommendations by the Head of Department or the Permanent Secretary, as the case may be, on the candidates and shall in every case consult with the Director of Public Personnel before recommending an appointment; |
(e) if the Commission is unable to recommend any candidate for appointment to the post, the Commission may propose such arrangements as may be necessary for recruitment to the post from outside The Bahamas. |
PART IV
DETERMINATION OF APPOINTMENT AND EXTENSION OF PROBATIONARY SERVICE |
25. Where a
post, being one of a number of such posts, is abolished, but one or more of
such posts remain, the Head of Department, or, in the case of the Register
General's Department, the Permanent Secretary, shall report to the Secretary
making his recommendations, with reasons therefor, as to which of the
substantive holders of such posts shall have his appoinment terminated. The
Commission shall thereupon make its recommendations thereon to the Governor-General. | Termination of appointment on abolition of office. |
26. If a
Head of Department or, in the case of the Registrar General's Department, the
Permanent Secretary, is of the opinion that the appointment of a
non-pensionable judicial or legal officer should be terminated (otherwise than
as provided in regulation 28 and 42 of these Regulations) the Head of
Department, or the Permanent Secretary, as the case may be, shall, in writing,
set out his reasons and require the officer to show cause, in writing, why his
service should not be terminated; if no reply is received within two weeks of
the receipt thereof or if the Head of Department or the Permanent Secretary, as
the case may be, considers that no adequate cause has been shown, the Head of
Department or the Permanent Secretary, as the case may be, shall report the
case, giving his reasons and forwarding any representations made by the officer
to the Secretary, and the Commission shall recommend to the Governor-General
whether the appointment should be terminated. | Termination of non-pensionable appointments. |
27. (1)
Where a judicial or legal officer holds an appointment subject to a period on
probation, which period shall in no case be less than twelve months, six weeks
before the expiration of the probationary period the Head of Department or the
Permanent Secretary, as the case may be, shall consider whether such officer
should on such expiration be confirmed in an established post or should serve a
further period on probation or should not remain in the public service. If he
considers that the officer should serve a further period on probation or should
not remain in the public service, and in every case in which he considers that
the officer should be confirmed in an established post, he shall report the
matter together with his reasons therefor to the Secretary; and the Commission
shall make its recommendations to the Governor-General upon the matter. | Probationary appointments. |
(2) Where a
judicial or legal officer holds a probationary appointment and the Head of
Department, or the Permanent Secretary, as the case may be, at any time during
the period of such probationary appointment is of the opinion that such
appointment should be terminated, the Head of Department, or the Permanent
Secretary, as the case may be, shall follow the procedure provided in paragraph
(1) of this regulation in respect of an officer whom he considers should not
remain in the public service, as the circumstances require. |
(3) Before either
reaching a final conclusion or deciding to make a report, as the case may be,
under the provisions of paragraph (1) or (2) of this regulation, that a further
period of probationary service by an officer is necessary, or that an officer's
service should be terminated, the Head of Department or the Permanent
Secretary, as the case may be, shall, if it appears prima facie that such
a conclusion may be reached or that such a report may be required, call upon
the officer concerned to submit his representations on the matter. |
PART V
DISCIPLINE |
A. General |
28. (1)
Where a judicial or legal officer is serving under a contract and where the
Head of Department or the Permanent Secretary, as the case may be, is of the
opinion that such contract should be terminated, he shall report the matter to
the Secretary together with the reasons for such course; and the Commission
shall recommend to the Governor-General whether such course should be taken: | Premature termination of contract and withholding of
gratuities. |
Provided that
where it appears to the Chairman that there is any doubt whether under the
terms of the contract such termination can be lawfully effected, the Chairman
shall refer the case to the Attorney-General for advice. |
(2) Where a
judicial or legal officer is serving under a contract which provides for the
payment of a gratuity on completion of satisfactory service and where the Head
of Department or the Permanent Secretary, as the case may be, is of the opinion
that no gratuity or part only of such gratuity should be paid, he shall report
the matter to the Secretary together with the reasons for such course. The
Chairman, if it appears to him that such an opinion can prima facie be
justified, shall call upon the officer concerned to submit his representations
on the matter and the Commission shall recommend to the Governor-General
whether such gratuity should be paid in whole or in part. |
29. Any act
of alleged misconduct by a judicial or a legal officer shall be dealt with
under this Part of these Regulations as soon as possible after the time of
their occurrence. | Regulations to govern disciplinary procedure. |
30. Any
case not covered by these Regulations shall be reported to the Secretary and
the Commission shall make recommendations to the Governor-General as to how the
case shall be dealt with. | Cases not otherwise provided for. |
31. (1) The
Commission shall advise the Governor-General on any such question involving
disciplinary control over public officers as is required to be submittedto the Governor-General by virtue of Article
117 of the Constitution. | Functions of the Commission with regard to discipline. |
(2) Where in any
case the Commission is of the opinion that disciplinary proceedings should be
instituted against a judicial or legal officer the Commission may,
notwithstanding the provisions of these Regulations, direct the Head of
Department, or the Permanent Secretary, as the case may be, to initiate such
proceedings: |
Provided that in
any case where it appears to the Commission that the conduct of the officer in
question may constitute a criminal offence, the case shall be referred to the
Attorney-General; and where the Attorney-General advises that is intended to
institute criminal proceedings in respect thereof, the Commission shall
postpone consideration of the giving of such a direction until the conclusion
of such proceedings and any appeal therefrom. |
32. When a
preliminary investigation or a disciplinary inquiry discloses than an offence
against any law may have been committed by a judicial or legal officer, the
Head of Department or the Permanent Secretary, as the case may be, shall unless
action by the police has been or is about to be taken, consult the
Attorney-General as to whether a prosecution should be instituted and, if he
does not advise a prosecution, as to whether disciplinary action should be
taken or continued under the appropriate regulation. In the latter case the
charges framed against the officer shall be approved by the Attorney-General
before the officer is required to answer them or before the inquiry proceeds. | Grounds for criminal prosecution. |
33. Where
criminal proceedings are instituted against a judicial or legal officer in any
court, proceedings for his dismissal upon any grounds involved in the criminal
charge shall not be taken until the conclusion of the criminal proceedings and
the determination of any appeal therefrom. | No dismissal while criminal proceedings pending. |
34. No
disciplinary action of any kind shall be taken against any judicial or legal
officer in respect of any conduct, or any conduct raising, in the opinion of
the Attorney-General, substantially the same issues as conduct in respect of
which he has been acquitted in a criminal court. | Disciplinary action after acquittal on a criminal
charge. |
35. (1) Subject
to paragraph (3) of this regulation, any judicial or legal officer, in respect
of whom a disciplinary inquiry is to be held, shall be entitled at or before
the commencement of the inquiry to receive, free of charge, a copy of every
document that is to be relied on for the purpose of or in connection with
establishing his guilt, or in default thereof shall be allowed access thereto. | Copies of evidence of inquiries. |
(2) Subject as
aforesaid, any judicial or legal officer in respect of whom a disciplinary
inquiry has been held, shall be entitled, after the conclusion of such inquiry,
to receive a copy of every document tendered in evidence at such inquiry on the
payment of twenty-five cents therefore, and a copy of the record of evidence on
payment of five cents for every hundred words after the first hundred words of
that record. |
(3) Nothing in
this regulation shall entitle any person to receive any copy of any official
document (not being a document given in evidence at any inquiry) or any
recorded reason for any decision reached at any inquiry. |
36. (1)
Where the Commission considers that the interests of the public service require
that a judicial or legal officer should cease forthwith to exercise the powers
and functions of his office, the Commission may interdict him from the exercise
of those powers and functions if disciplinary proceedings for his dismissal are
being taken or are about to be taken or if criminal proceedings are being
instituted against him. | Interdiction. |
(2) An officer who
is interdicted shall, subject to the provision of regulation 37, receive such
emoluments, not being less than half as the Commission thinks fit. |
(3) Where any
disciplinary proceedings mentioned in paragraph (1) do not result in the
dismissal of the officer or in the award against him of any punishment, the
whole of any emoluments withheld from him shall be restored to him when the
final decision is made; but where any punishment, not amounting to dismissal,
is awarded against him there shall be restored to him such proportion, if any,
of any emoluments withheld from him as in the opinion of the Commission is
justified in the circumstances of the case. |
37. Where
any judicial or legal officer is convicted by any criminal court of an offence,
and is dismissed from the service on account of such conviction, he shall, with
effect from the date of such conviction and until his dismissal, be entitled to
receive such emoluments, if any, as the Commission may think fit. | Non-payment of salary on conviction on criminal charge. |
Provided that any
emoluments withheld from an officer pursuant to this regulation shall be
restored to the officer in any case where any such conviction as aforesaid is
quashed pursuant to the decision of any higher court. |
38. (1) An
officer who is under interdiction shall not leave the Commonwealth of The
Bahamas without the permission in writing of the Commission. | Interdicted officers not to leave The Bahamas. |
(2) It shall be
the duty of an officer under interdiction to leave with the Secretary an
address, within or outside the Commonwealth of The Bahamas, as the case may be,
where he may at any time be contacted and any notice or other communication
delivered for him at that address by order of the Commission shall be deemed
duly served. |
39. (1) The
following punishments may be ordered as a result of proceedings under these
Regulations- | Punishments. |
|
|
|
(d) deferment of increment; |
(e) withholding of increment; |
|
(g) forfeiture of any part of any emoluments withheld during any period of interdiction under the provisions of regulations 37: |
Provided that
nothing in this paragraph shall limit any power conferred under regulation 26,
27, 28 and 43 to terminate the appointment of a judicial or legal officer or
any power conferred in these Regulations to require a judicial or legal officer
to retire from the public service in the public interest. |
(2)
Notwithstanding the provisions of paragraph (1) of this regulation, on completion
of proceedings instituted for dismissal of a judicial or legal officer, the
Governor-General, acting on the recommendation of the Commission, may, if of
the opinion that the proceedings disclose grounds for requiring him to retire
in the public interest, require him to do so. |
(3) Where a Head
of Department, or the Permanent Secretary, as the case may be, is of the
opinion that a judicial or legal officer should be required to retire in the
public interest, he shall make a report to the Secretary. The Commission shall,
after causing such a further enquiry to be made as appears necessary, recommend
to the Governor-General whether the officer should be required to retire in the
public interest. |
B. Proceedings
Against Judicial and Legal Officers |
40. (1)
Where a Head of Department or the Permanent Secretary, as the case may be,
considers it necessary to institute proceedings against a judicial or legal
officer who is serving in a department under his supervision, on grounds of
misconduct which, if proved, would justify his dismissal from the public
service, he shall cause such preliminary investigation to be made as he
considers necessary and shall report the facts to the Secretary. The Chairman
shall, after considering the report- | Proceedings for dismissal. |
(a) if he
considers that a charge should be made against the officer and after consulting
the Attorney-General as to the terms of the charge, forward to the officer a
statement of the charge preferred against him together with a brief statement
of the particulars of the allegation upon which the charge is based, in so far
as they are not clear from the charge itself; and shall call upon the accused
officer to state in writing, within such reasonable time as shall be specified,
any grounds upon which he relies to exculpate himself; or |
(b) if he
considers that, if the offence is proved, some penalty other than dismissal is
likely to be appropriate, arrange for the procedure set out in regulation 26,
27, 28 or 42, as the case may be, of these Regulations to be followed. |
(2) If the officer
does not furnish a reply to any charge forwarded under sub-paragraph (a) of
paragraph (1) of this regulation within the period specified, or if, in the
opinion of the Chairman he fails to exculpate himself, the Governor-General may
cause a committee to be appointed to inquire into the matter. One member of the
committee shall be a judge, magistrate or a public officer with legal
qualifications who shall be chairman. The Head of Department under whom the
officer is serving shall not be a member of the committee. |
(3) The committee
shall inform the accused officer that on a specified day the charge made
against him will be investigated by them and that he will be allowed or, if the
committee shall so determine, will be required, to appear before the committee. |
(4) If witnesses
are examined by the committee the accused officer shall be given an opportunity
of being present and of putting questions on his behalf to the witnesses, and
no documentary evidence shall be used against him unless he has been previously
supplied with a copy thereof or given access thereto. |
(5) The committee
may permit the Head of Department or the Permanent Secretary or the accused
officer to be represented by a public officer or a legal practitioner: |
Provided that
where the committee permit the one party to be so represented they shall permit
the other party to be represented in the same manner. |
(6) If during the
course of the inquiry grounds for the framing of an additional charge against
the accused officer are disclosed, the committee shall so inform the Secretary,
and if the Chairman thinks fit to recommend proceedings against the accused
officer upon such grounds, the same procedure shall be followed in respect of
the additional charge as was adopted in respect of the original charge. |
(7) The committee,
having inquired into the matter, shall forward their report thereon to the
Chairman, accompanied by the record of the charges made, the evidence taken and
any other proceedings relevant to the inquiry. |
(8) The
Commission, after consideration of the report of the committee, may if it is of
the opinion that the report should be amplified in any way or that further
investigation is desirable, refer the matter back to the committee for further
investigation and report. The Commission shall forward the written proceedings
of the inquiry to the Governor-General together with its recommendation as to
the punishment, if any, which should be inflicted on the accused officer. The
decision on each charge preferred against the accused officer shall be
communicated to him (but not the reasons for the decision). |
41. (1)
Where a Head of Department, or the Permanent Secretary, as the case may be,
considers it necessary to institute disciplinary proceedings against a judicial
or legal officer and is of the opinion that the misconduct alleged is not
serious enough to warrant dismissal, he shall investigate the matter in such
manner as he thinks proper or he may request the Chairman to cause an
investigation to be made; in either case the officer shall be entitled to know
the whole case against him and shall be given adequate opportunity of making
his defence. | Proceedings for misconduct not warranting dismissal. |
(2) If as a result
of an investigation referred to in paragraph (1) of this regulation the Head of
Department, or the Permanent Secretary, as the case may be, is of the opinion
that the allegation is proved, he shall make a report to the Secretary. |
(3) The Commission
shall, if it endorses the opinion of the Head of Department or the Permanent
Secretary, as the case may be, make recommendations to the Governor-General as
to what penalty, if any, should be inflicted on the officer. |
(4) The decision
on each charge preferred against the officer shall be communicated to him (but
not the reasons for the decision) by the Secretary. |
(5)
Notwithstanding the provisions of this regulation, if at any stage during
proceedings it appears to the Commission that- |
(a) the
offence, if proved, would justify dismissal; or |
(b) if the
offence is proved, proceedings for the retirement of the officer from the
public service in the public interest would be more appropriate; |
such
proceedings shall be discontinued and the procedure in regulation 40 or 42, as
the case may be, shall be followed. |
42. (1) If
a Head of Department, or the Permanent Secretary, as the case may be, considers
that it is desirable in the public interest that a judicial or legal officer
serving in his department should be required to retire from the public service
on grounds which cannot suitably be dealt with under any other regulation, he shall
report the matter to the Secretary. | Proceedings against a judicial or legal officer for
retirement in the public interest. |
(2) The Chairman
may obtain from any public officer under whom such judicial or legal officer
has served, a report as to his work and conduct, and may allow any such officer
to show cause why he should not be retired from the public service and to make
a written statement, if he so desires. |
(3) The Commission
shall consider the officer's statement and all the circumstances of the case
and shall recommend to the Governor-General whether or not the officer should
be retired. |
(4) If the
Commission recommends that the officer shall be retired from the public
service, the Commission shall further recommend whether the officer should be
granted the full pension or gratuity for which he is eligible or a reduced
pension, or reduced gratuity, or no pension or no gratuity, as the case may be. |
43. Where
any judicial or legal officer is convicted by any court, on a criminal charge,
the Head of Department or the Permanent Secretary, as the case may be, shall
bring the matter to the notice of the Secretary. The Secretary shall write to
the officer concerned to make any representations he desires concerning the
conviction. The Commission shall consider the conviction (and the proceedings
if available) and if, after considering any representations made by the
officer, it is of the opinion that the officer should be dismissed or subjected
to some other disciplinary penalty on account of the conviction, the Commission
shall recommend to the Governor-General that such penalty should be inflicted
without following the procedure prescribed in regulation 40 or 41 of these
Regulations. | Criminal conviction of a judicial or legal officer. |
C. Procedure on
Admission of Offences |
44. Where
the facts giving rise to any charge made against an officer under regulation 40
or 41 are admitted by that officer in writing, a record of the case together
with the comments of the Head of Department or the Permanent Secretary, as the
case may be, shall be forwarded to the Secretary and the Commission shall,
after causing such further inquiry to be made as appears necessary, recommend
to the Governor-General what punishment if any should be inflicted on the
officer. | Admission of offence. |
D. Miscellaneous |
45. Where
any judicial or legal officer is absent from duty without leave or reasonable
cause for a period exceeding seven days and the officer cannot be found within
a period of fourteen days of commencement of such absence or, if found, no
reply to a charge of absence without leave is received from him within ten days
after the dispatch of the charge to him, the Head of Department or the
Permanent Secretary, as the case may be, shall report the matter to the
Secretary and the Commission shall make its recommendation to the
Governor-General thereon. | Absence from duty without leave. |
46. (1) If a Head of
Department, or the Permanent Secretary, as the case may be, is of the opinion
that an annual increment in salary of a judicial or legal officer holding a
post in his department should be deferred or withheld on the ground of
unsatisfactory service during the previous year, or for a failure to pass a
prescribed examination, he shall make a confidential report to the Secretary
giving the reasons therefor and the Commission shall make a recommendation to
the Governor-General on the matter. | Withholding and restriction of increments. |
(2) If a Head of
Department, or the Permanent Secretary, as the case may be, is of the opinion
that an annual increment in salary of a judicial or legal officer which has
been deferred or withheld should be granted, he shall make a confidential
report to the Secretary giving the reasons therefor and the Commission shall
make recommendations to the Governor-General on the matter. |
(3) Where the
award of the increment has been deferred the increment may be granted as from
the incremental date, in which case the arrear of salary due may be paid to the
officer concerned. |
(4) Where the
increment has been withheld for a period of less than one year, the officer
concerned shall be entitled to draw the increased salary as from the day
following the close of the period for which the increment has been withheld and
shall be eligible for a further increment on the next incremental date. |
(5) Where the
increment has been withheld for a year, the officer concerned shall be eligible
for one increment and no more on the next incremental date. |
POLICE SERVICE COMMISSION REGULATIONS | | | | [Commencement 7th
December, 1970] |
ARRANGEMENT OF CONTENTS |
PART I PRELIMINARY |
Citation.
|
Interpretation.
|
PART II POLICE SERVICE COMMISSION |
Appointment of and function of secretary.
|
Quorum and voting.
|
Record of meetings and decisions.
|
Other decisions.
|
Privilege from disclosure in legal proceedings.
|
Protection of members from legal proceedings.
|
Consultation with persons other than members.
|
Documents to be made available.
|
Failure to comply with request of Commission.
|
Persons attending to be paid allowances.
|
Improper influence.
|
Penalty for supplying false information to Commission.
|
Unauthorised disclosure of information.
|
Annual Report.
|
PART III APPOINTMENTS AND PROMOTIONS |
General functions of the Commission with regard to appointments and promotions.
|
Information as to training courses.
|
Commission may consult other persons.
|
Advertisement of vacancies.
|
Principles and procedures applicable to selection for promotion.
|
Maintenance of a confidential report system.
|
Detailed procedure for appointments and transfers.
|
Officers on contract.
|
General.
|
Addressing of correspondence.
|
Matters to be submitted in triplicate.
|
Cases not covered by Regulations.
|
Exclusion of offices of Commissioner and Deputy Commissioner.
|
PART IV DETERMINATION OF APPOINTMENTS AND EXTENSION OF PROBATIONARY SERVICE |
Termination of non-pensionable appointments.
|
Probationary appointments.
|
PART V DISCIPLINE |
A. Contract Officers |
Premature determination of contracts and withholding of gratuities.
|
B. General |
Procedure in the case of offences by officers of and above the rank of inspector.
|
Regulation to govern disciplinary proceedings.
|
No disciplinary action while criminal proceedings pending.
|
Disciplinary action after acquittal on a criminal charge.
|
Copies of evidence of inquiries.
|
Inquiries, interdiction and suspension.
|
Directions as to salary of officer convicted on a criminal charge.
|
C. Proceedings against Police Officers |
Proceedings for dismissal.
|
Proceedings for misconduct not warranting dismissal.
|
Proceedings for discharge on the grounds of public interest.
|
Proceedings against an officer who has been convicted on a criminal charge.
|
PART VI MISCELLANEOUS |
Appeals.
|
Fines to be recovered by stoppage of pay.
|
|
| | [iv] POLICE SERVICE COMMISSION
REGULATIONS |
| S.I. 55/1970
S.I. 78/1971 | |
(ARTICLE 125) |
| | | [Commencement 7th December, 1970] |
|
PART I
PRELIMINARY |
1. These Regulations may
be cited as the Police Service Commission Regulations. | Citation. |
2. In these Regulations,
unless the context otherwise requires- | Interpretation. |
"appointment"
means- |
(i) the
conferment of an office in the Force of and above the rank of inspector,
excluding the offices of Commissioner and Deputy Commissioner; |
(ii) the grant
of permanent and pensionable terms of service in an office in the Force of and
above the rank of inspector, excluding the offices of Commissioner and Deputy
Commissioner, upon a person recruited and serving on contract terms of service
or in a non-established capacity in a pensionable or a non-pensionable office; |
(iii) the
engagement in an office in the Force of and above the rank of inspector, excluding
the offices of Commissioner and Deputy Commissioner, of a person on contract
terms of service for a further period of service on the conclusion of his
previous period of engagement on contract terms in the same or other public
office; and |
(iv) the
appointment of an officer in the Force to act in any office in the Force of and
above the rank of inspector, excluding the offices of Commissioner and Deputy
Commissioner, other than the office to which he is substantively appointed; |
"the
Chairman" means the person appointed under the provisions of Article 118
of the Constitution as Chairman of the Commission and includes any temporary or
acting Chairman; |
"the
Commission" means the Police Service Commission constituted under the
provisions of Article 118 of the Constitution; |
"the
Committee" means a committee appointed under the provisions of these
Regulations; |
"court"
means either the Supreme Court or a magistrate's court; |
"criminal
charge" means a charge in respect of a criminal offence whenever
committed, which if committed in The Bahamas would, upon conviction by a court
be punishable by imprisonment without the option of a fine; |
"Force"
means the Royal Bahamas Police Force; |
"member"
means any person appointed to the Commission under the provisions of Article
118 of the Constitution and includes any temporary member; |
"official
document" means any document or paper prepared by an officer of the Force
in the course of his employment or any document or paper which comes into the
custody of any officer of the Force in the course of such employment; |
"police
officer" and "officer" means any officer of the Police Force or
of the Reserves and includes any supernumerary police officer appointed under
Part VIII of the Police Act and any constable appointed under Part XI of that
Act; |
"promotion"
means the conferment upon an officer in the Force of an office to which is
attached a higher salary scale and rank than that attached to the office in the
Force to which he was last substantively appointed; |
"salary"
means basic salary; |
"secretary"
means the secretary to the Police Service Commission; |
"seniority"
means the relative seniority of officers and except as may be otherwise provided
by the Commission or in these Regulations shall be determinable and shall be
regarded as having always been determinable as follows- |
(i) as between
officers of the same grade- |
(a) by reference to the dates on which they respectively entered that grade; |
(b) if any officers entered that grade on the same day, by reference to their seniority on the day immediately preceding that day; |
(c) if any officers who entered the same grade on the same day did so by appointment and not by promotion (excluding promotion from a non-pensionable grade), their seniority relative to each other shall be determinable by reference to their respective ages; |
(ii) as
between officers of different grades on the same salary scale or the same flat
rate of salary, by reference to the dates on which they respectively entered
their grades; |
(iii) as
between officers of different grades on different salary scales, by reference
to the maximum point in their salary scales, a flat rate of salary being
regarded for this purpose as a salary scale with a maximum point equivalent to
the flat rate: |
Provided that when
assessing the seniority of a pensionable officer, service by that officer or
any other person in a non-pensionable capacity shall not be taken into account; |
"transfer"
means the conferment upon an officer in the Force whether permanently or
otherwise of some office other than that to which the office was last
substantively appointed, not being a promotion; but the posting of an officer
between duty posts in the same grade shall not be regarded for this purpose as
a transfer. |
PART II
POLICE SERVICE COMMISSION |
3. (1) The
Governor-General acting on the recommendation of the Commission, shall appoint
a secretary to the Commission, and such other staff as the Commission shall
from time to time think necessary. | Appointment of and function of secretary. |
(2) The secretary
shall not be a member of the Commission and his functions and duties shall be
limited to matters of an administrative nature. |
4. (1) A quorum of the
Commission for a meeting shall consist of two members. | Quorum and voting. |
(2) Any question
proposed for a decision at any meeting of the Commission shall be determined by
a majority of the votes of the members present and voting and if, on any such
question, the votes are equally divided, the Chairman shall have and exercise a
casting vote. |
5. A record shall be
kept of the members present and of the business transacted at every meeting of
the Commission. Any member who is present at a meeting when a decision is made
shall be entitled to dissent therefrom and to have his dissent and his reasons
therefor set out in the record of such meeting. | Record of meetings and decisions. |
6. A decision may be made
by the Commission without a meeting by circulation of the relevant papers among
the members and the expression of their views in writing, and in any such case
the decision, shall be the view of the majority of members expressing a view: | Other decisions. |
Provided that if
any member requires that a decision on a matter being dealt with by circulation
of the relevant papers shall be deferred until the subject matter shall be
considered at a meeting of the Commission, no decision shall be made on that
subject except at a meeting of the Commission: |
Provided further
than where a member dissents from a view recorded by a majority of members on
papers circulated for a decision, the decision shall not be implemented until
that member records the reasons for his view. |
7. Any report, statement
or other communication or record of any meeting, inquiry or proceedings which
the Commission may make in exercise of its functions or any member may make in
performance of his duties, or in discharge of any duty to the Governor-General
or to any officer, shall be privileged in that its production may not be
compelled in any legal proceedings if the Governor-General, certifies that such
production is not in the public interest. | Privilege from disclosure in legal proceedings. |
8. The Chairman and any
member shall have such and the like protection and privilege in case of any
action or suit brought against him for any act done or omitted to be done in
the execution of his duties under these Regulations as is by law given to the
acts done or words spoken by a judge of the Supreme Court in the exercise of
his judicial office. | Protection of members from legal proceedings. |
9. The Commission may
require any person to attend and give evidence before it concerning any matter
which it is required to consider in exercise of its functions under these
Regulations and may, unless the Governor-General certifies that such production
is not in the public interest, require the production of any official document
relating to any such matter. | Consultation with persons other than members. |
10. Any officer who
submits any matter for the consideration of the Commission, shall ensure that
all relevant documents and papers are made available to the Commission and the
Commission may require the production of any further documents or information
relevant to the matter under consideration. | Documents to be made available. |
11. Any person other
than a person who is notified to appear before the Commission solely in
connection with his application for employment in the Police Force, who without
reasonable excuse fails to appear before the Commission when notified to do so
by or on behalf of the Commission in writing, or who wilfully fails to produce
any document in his possession or power when requested to do so by the
Commission, shall be guilty of an offence and upon summary conviction shall be
liable to a fine not exceeding sixty dollars. | Failure to comply with requests of Commission. |
12. Any person
attending before the Commission at the request of the Commission, other than a
person who is applying for employment in the Police Force or a person in the
public service, shall be entitled to be paid by the Commission the same allowance
as a witness who appears before the Supreme Court as a witness in criminal
proceedings. | Persons attending to be paid allowances. |
13. Any person who,
otherwise than in the course of his duty, directly or indirectly by himself or
by any other person in any matter whatsoever influences or attempts to
influence any decision of the Commission or of the Chairman or of any member
shall be guilty of an offence and upon summary conviction shall be liable to a
fine not exceeding one hundred and fifty dollars or to imprisonment for a term
not exceeding six months or to both such fine and imprisonment: | Improper influence. |
Provided that
nothing in this regulation shall prohibit any person who may properly give a
certificate or testimonial to any applicant or candidate for any appointment in
the Force from giving such a certificate or testimonial or from supplying any
information or assistance at the request of the Commission. |
14. Any person who in
connection with any application by any person for employment or promotion in
the Force, or with any matter upon which it is the duty of the Commission to
make a recommendation to the Governor-General or to make any decision, wilfully
gives to the Commission or to any member thereof, or to any person or body of
persons appointed by any regulation or by any competent authority to assist the
Commission in the exercise of its functions or the discharge of its duties, any
information which he knows to be false by reason of the omission of any
material particular, shall be guilty of an offence and upon summary conviction
be liable to a fine not exceeding three hundred dollars or to imprisonment for
a term not exceeding one year or to both such fine and imprisonment. | Penalty for supplying false information to Commission. |
15. (1) Neither the
Chairman nor any member nor any other person shall without the written
permission of the Governor-General publish or disclose to any person, otherwise
than in exercise of his functions under these Regulations, the contents of any
document, communication or information whatsoever which has come to his notice
in the course of his duties in respect of any matter referred to the
Commission, and any person who knowingly acts in contravention of this
regulation, shall be guilty of an offence and upon summary conviction shall be
liable to a fine not exceeding three hundred dollars or to imprisonment for a
term not exceeding one year or to both such fine and imprisonment. | Unauthorised disclosure of information. |
(2) If any person
having possession of any information which to his knowledge has been disclosed
in contravention of the provisions of paragraph (1) of this regulation,
publishes or communicates to any other person any such information otherwise
than for the purpose of any criminal prosecution or of disciplinary proceedings
in respect of such disclosure, he shall be guilty of an offence and upon
summary conviction shall be liable to a fine not exceeding three hundred
dollars or to imprisonment for a term not exceeding one year or to both such
fine and imprisonment. |
16. The Commission
shall make an annual report to the Governor-General, a copy of which shall be
sent to the Secretary to the Cabinet for the information of the Prime Minister. | Annual report. |
PART III
APPOINTMENTS AND PROMOTIONS |
17. The Commission
shall make recommendations to the Governor-General on the following- | General functions of the Commission with regard to
appointments and promotions. |
(a) appointments
and promotions of police officers to the rank of inspector and above; |
(b) in respect
of police officers of or above the rank of inspector- |
(i) on
the extension or termination of such appointments; |
(ii) on
the retirement of such police officers on or after reaching the age of
fifty-five years; |
(iii) on
the appointment of such police officers to discharge temporarily for more than
four weeks the duties of posts other than those to which they have been
substantively appointed. |
18. The Commissioner
shall keep the Commission fully informed in every case where an officer has
been selected to attend a training course and as to the progress of the officer
throughout such course. | Information as to training courses. |
19. In considering the
making of recommendations for the appointment or promotion of a police officer
the Commission may- | Commission may consult other persons. |
(a) consult
with any other person or persons; and |
(b) seek the
advice of a board constituted by the Chairman who may appoint to it members of
the Commission and senior police officers. |
20. Where any vacancy
is not to be filled by promotion the existence of such vacancy shall, unless
the Commission otherwise directs, be notified to the public by advertisement in
time to enable candidates to make application in accordance with such
advertisement. | Advertisement of vacancies. |
21. In making
recommendations for the appointment or promotion of officers in the Force the
Commission shall have regard to the maintenance of the high standard of
efficiency necessary in the Force and shall take into account qualifications,
experience and merit as well as seniority in the service. | Principles and procedures applicable to selection for
promotion. |
22. The Commissioner
shall maintain confidential reports on all officers in the Force and such
reports shall be made available, at the request of the Chairman, to the
Commission for the effective discharge of its functions. | Maintenance of a confidential report system. |
23. In the appointment
and promotion of police officers to posts of or above the rank of inspector the
following procedure shall be followed- | Detailed procedure for appointments and transfers. |
(a) when a
vacancy occurs in the establishment of the Police Force in any rank of or above
that of inspector, the Commissioner shall report the vacancy to the Secretary
to the Cabinet in triplicate. The Secretary to the Cabinet shall forward the
report together with his observations thereon to the Director of Public
Personnel who shall forward it to the Chairman with his certificate that there
is no financial or establishment objection to the filing of the post; |
(b) if, in the
opinion of the Commissioner it is unlikely that a suitably qualified serving
police officer will be available to fill the vacancy, he shall state his
reasons in writing for his opinion and of the arrangements which exist or are
in prospect for the training of serving police officers to fill such a post and
if necessary a recommendation for the post to be filled other than by a serving
police officer; |
(c) if the
Commissioner recommends that a vacancy should be filled by the appointment or
promotion of a serving police officer, he shall forward his recommendation to
the Secretary to the Cabinet in triplicate, together with a record of the
service of the officer recommended for the vacancy. If the recommendation would
involve the supersession of any more senior officer in the Police Force,
reasons for the supersession of each such officer shall be forwarded with the
recommendation for the appointment. The Secretary to the Cabinet shall forward
the papers with his observations thereon to the Director of Public Personnel
who shall forward them to the Chairman with his certificate that there is no
financial or establishment objection to the filling of the post. |
24. If a police officer
is serving on a contract or an agreement, the Commissioner shall forward to the
Secretary to the Cabinet six months before the expiry of such contract or
agreement a notification of the date of the expiration of the contract or
agreement and his recommendation whether it should be renewed or not, together
with a note of the officer's wishes thereon. The Secretary to the Cabinet shall
forward the recommendation with his observations thereon to
the Director of Public Personnel who shall forward them to the Chairman with
his certificate that there is no financial or establishment objection to the
renewal of the contract or agreement if so recommended. | Officers on contract. |
25. Any police officer
who has just occasion to submit any matter for the consideration of the
Commission shall do so through the Commissioner. | General. |
26. All correspondence
for the Commission shall be addressed to the Chairman of the Police Service
Commission. | Addressing of correspondence. |
27. All matters
submitted for the consideration of the Commission shall be forwarded in
triplicate unless otherwise directed. | Matters to be submitted in triplicate. |
28. Any case not
covered by these Regulations shall be reported to the Chairman who shall issue
instructions as to the procedure to be adopted and the case shall be dealt with
accordingly. | Cases not covered by Regulations. |
29. Nothing in this
Part of these Regulations shall affect the appointment of any person to or to
act in the offices of Commissioner or Deputy Commissioner or apply to the
removal from office of any such person. | Exclusion of officers of Commissioner and Deputy
Commissioner. |
PART IV
DETERMINATION OF APPOINTMENTS AND EXTENSION OF PROBATIONARY SERVICE |
30. If it appears to
the Commissioner that the appointment of a non-pensionable officer should be
terminated, he shall, in writing, set out the reasons and require the officer
to show cause, in writing why his service should not be terminated; if no reply
is received by the Commissioner within two weeks of the receipt thereof or if
the Commissioner considers that no adequate cause has been shown, the
Commissioner shall report the case, giving his reasons and forwarding any
representations made by the officer, to the Secretary to the Cabinet who shall
report to the Director of Public Personnel with his observations thereon. The
Director of Public Personnel shall forward the report together with his
recommendation thereon to the Chairman; and the Commission shall recommend to
the Governor-General whether the appointment should be terminated. | Termination of non-pensionable appointments. |
31. (1) Where an
officer holds an appointment subject to a period of probation, which period
shall in no case be less than twelve months, six weeks before the expiration of
the probationary period the Commissioner shall consider whether such officer
should, on such expiration, be confirmed in an established post or should serve
a further period on probation or should not remain in the Force and shall make
his recommendation together with his reasons therefor to the Secretary to the
Cabinet who shall report the matter to the Director of Public Personnel
together with his observations thereon. The Director of Public Personnel shall
forward the report together with his recommendation thereon to the Chairman;
and the Commission shall make its recommendation to the Governor-General upon
the matter. | Probationary appointments. |
(2) Where an
officer holds a probationary appointment and the Commissioner at any time
during the period of such probationary appointment is of the opinion that such
appointment should be terminated, he shall follow the procedure provided in
paragraph (1) of this regulation. |
(3) Before either
reaching a final conclusion or deciding to make a report to the Director of
Public Personnel, as the case may be, under the provisions of paragraph (1) or
(2) of this regulation, that a further period of probationary service by an
officer is necessary, or that an officer should not remain in the Force, or
that an officer's probationary appointment should be terminated, the
Commissioner shall, if it appears prima facie that such a conclusion may
be reached or that such a report may be required, call upon the officer
concerned to submit his representations on the matter. |
PART V
DISCIPLINE |
A. Contract
Officers |
32. (1) Where an
officer is serving under a contract which provides for the termination of that
contract by notice before the expiration of the period of service stipulated in
the contract | Premature determination of contracts and withholding
of gratuities. |
(a) in any case
where to dismiss such officer under these Regulations the Commissioner is
required to make recommendations to the Governor-General, and the Commissioner
is of the opinion that such contract should be so terminated, he shall report
the matter to the Secretary to the Cabinet, together with the reasons for such
course; and the Secretary to the Cabinet shall refer the report to the Director
of Public Personnel with his observations thereon. The Director of Public
Personnel shall forward the report to the Chairman with his recommendations;
and the Commission shall recommend to the Governor-General whether such course
should be taken: |
Provided that
where it appears to the Director of Public Personnel that there is any doubt
whether under the terms of the contract such termination can be lawfully
effected, the Director of Public Personnel shall refer the case to the
Attorney-General for advice. |
(2) Where an
officer is serving under a contract which provides for the payment of a
gratuity on completion of satisfactory service, and the Commissioner is of the
opinion that the service of the officer has not been satisfactorily completed
and that no gratuity or part only of such gratuity should be paid, he shall
report the matter to the Secretary to the Cabinet, together with his reasons
for such opinion; and the Secretary to the Cabinet shall with observations
thereon, refer the report to the Director of Public Personnel and the Director
of Public Personnel, if it appears to him that such an opinion can prima
facie be justified, shall call upon the officer concerned to submit his
representations on the matter and shall forward the report and any
representations received from the officer to the Chairman with his
recommendations; and the Commissioner shall recommend to the Governor-General
whether such gratuity should be paid in whole or in part. |
B. General |
33. An offence against
discipline or any other misconduct by a police officer of or above the rank of
inspector shall be dealt with under the provisions of regulations 40-43
inclusive of these Regulations: | Procedure in the case of offences by officers of or
above the rank of inspector. |
Provided that
nothing in this part of these Regulations shall apply to proceedings against
the Commissioner or Deputy Commissioner or any person acting in either of those
offices. |
34. (1) Any act of
misconduct by an officer shall be dealt with as soon as possible after the time
of its occurrence. | Regulation to govern disciplinary proceedings. |
(2) Any case of
which no appropriate procedure exists under these or other Regulations, shall
be reported to the Chairman and the Commission may issue instructions as to how
the case shall be dealt with, and the case shall be dealt with accordingly. |
35. (1) If a criminal
charge is preferred against a police officer of or above the rank of inspector
in any court, the Commissioner shall forthwith report the facts to the
Secretary to the Cabinet with a recommendation as to whether the officer should
or should not be interdicted from the exercise of his powers and duties. The
Secretary to the Cabinet shall refer the report to the Director of Public
Personnel with his observations thereon. The Director of Public Personnel shall
forward the report to the Chairman with his recommendations and the Commission
may recommend to the Governor-General to interdict such officer. | No disciplinary action while criminal proceedings
pending. |
(2) No proceedings
for the dismissal of such officer upon any grounds involved in the criminal
charge shall be taken until the conclusion of the criminal proceedings and the
determination of any appeal therefrom. |
36. No disciplinary
action of any kind shall be taken against a police officer in respect of any
conduct, or any conduct raising, in the opinion of the Attorney-General,
substantially the same issues as conduct in respect of which he has been
acquitted in a criminal court. | Disciplinary action after acquittal on a criminal
charge. |
37. (1) Subject to
paragraph (3) of this regulation, any police officer in respect of whom a
disciplinary inquiry is to be held, shall be entitled, at or before the
commencement of the inquiry, to receive, free of charge, a copy of every
document that is to be relied on for the purpose of or in connection with
establishing his guilt, or in default thereof, to be allowed access thereto. | Copies of evidence of inquiries. |
(2) Subject as
aforesaid, any police officer in respect of whom a disciplinary inquiry has
been held, shall be entitled after the conclusion of such inquiry to receive a
copy of every document tendered in evidence at such inquiry on the payment of
twenty-five cents therefor, and a copy of the record of evidence on payment of
five cents for every hundred words after the first hundred words of that
record. |
(3) Nothing in
this regulation shall entitle any person to receive any copy of any official
document (not being a document given in evidence at an inquiry) or any recorded
reason for any decision reached at any inquiry. |
38. (1) If in any case
the Governor-General acting on the recommendation of the Commission, requires
that a police officer should cease forthwith to exercise the powers and
functions of his office, he may interdict the officer from the exercise of those
powers and functions, provided that proceedings for his dismissal are being
instituted against him. | Inquiries interdiction and suspension. |
(2) The Commissioner may at any time interdict from duty any police officer who is charged with any criminal or disciplinary offence if the Commissioner considers that the interests of discipline require that such officer shall forthwith cease to exercise the powers and functions of his office. The Commissioner shall without delay report to the Secretary to the Cabinet for the information of the Governor-General, the Prime Minister, and the Commission, any action taken by him under this regulation, in respect of a police officer and the Governor-General acting on the recommendation of the Commission may either confirm such interdiction or give such directions as he may think fit. |
(3) A police officer under interdiction shall not leave The Bahamas without the permission of the Commissioner. |
(4) It shall be the duty of a police officer under interdiction to leave with the Commissioner an address at which he may at any time be contacted. |
(5) A police officer interdicted from duty shall not by reason of such interdiction cease to be a member of the Police Force: |
Provided that the
powers, privileges and benefits vested in him as a member of the Police Force shall
be in abeyance during the period of such interdiction, but he shall remain
subject to the same responsibilities, discipline and penalties and to the same
authority as if he had not been interdicted. |
(6) Any police
officer who has been interdicted shall, during the period of interdiction, be
allowed to receive such proportion of his pay not being less than one half, as
the Governor-General acting on the recommendation of the Commission may think
fit: |
Provided that, if
the proceedings against any such officer do not result in his dismissal or
conviction for a criminal offence, he shall be entitled to the full amount of
the emoluments which he would have received if he had not been interdicted. |
39. Where a police
officer has been convicted on a criminal charge, the Governor-General acting on
the recommendation of the Commission, may direct what proportion, if any, of
the emoluments of such officer shall be paid from the date of such conviction
pending consideration of his case under the provisions of these Regulations. | Directions as to salary of officer convicted on a
criminal charge. |
C. Proceedings
against Police Officers |
40. (1) When the
Commissioner considers it necessary to institute disciplinary proceedings
against an officer to whom this regulation applies on the ground of misconduct
which, if proved, would justify his dismissal from the Police Force, he shall,
after such preliminary investigation as he considers necessary, report the
facts to the Governor-General, the Prime Minister and the Commission through
the Secretary to the Cabinet, together with a recommendation as to whether the
officer should be interdicted from the exercise of the powers and functions of
his office. On receipt of such a report the Secretary to the Cabinet shall
report the facts to the Director of Public Personnel. On receipt of such a
report the Director of Public Personnel shall, after consulting with the
Attorney-General as to the terms of the charge or charges, forward to the
officer through the Secretary to the Cabinet a statement of the charge or
charges framed against him together with a brief statement of the allegations,
insofar as they are not clear from the charges themselves, on which each charge
is based; and shall call on the officer to state in writing, within such time
as shall be specified, whether he admits the charges and, if so, any mitigating
circumstances he may wish to submit, or if he denies the charges, any grounds
on which he relies to exculpate himself. | Proceedings for dismissal. |
(2) On receipt of
a reply to any charge forwarded under paragraph (1) of this regulation through
the Secretary to the Cabinet, the Director of Public Personnel may, if he
thinks fit, refer the matter back to the Commissioner for further consideration
and report, or shall forward the Commissioner's report together with the
officer's reply to the Commission. |
(3) If after
considering the Commissioner's report and the officer's reply and any
mitigating circumstances, if any, the Commission considers that if the offence
is proved some penalty other than dismissal is likely to be appropriate, it
shall act in accordance with the procedure prescribed in regulation 41(1) (d)
or 42, as the case may be, of these Regulations. |
(4) If the charge
or charges are admitted by the accused officer, the Commission shall forward
the Commissioner's report, the officer's reply thereto and any relevant
documents to the Governor-General and recommend the punishment, if any, which
should be inflicted on the accused officer. |
(5) If the officer
does not furnish a reply to any charge forwarded under paragraph (1) of this
regulation within the period specified, or if, in the opinion of the
Commission, he fails to exculpate himself, the Commission shall advise the
Governor-General whether a committee, which shall consist of not less than
three members, should be appointed to inquire into the matter, and the
Governor-General may appoint a committee for such a purpose. One member of the
committee, if so appointed, shall be a judge, magistrate or a public officer
with legal qualifications, and all members shall be selected with due regard to
the standing of the officer concerned. No police officer shall be a member of
the committee. |
(6) The committee
shall inform the accused officer that on a specified day the charges made
against him will be investigated and that he will be allowed or, if the
committee so determines, will be required, to appear before it to defend
himself. |
(7) If witnesses
are examined by the committee, the accused officer shall be given an
opportunity of being present and of putting questions on his own behalf to the
witnesses and no documentary evidence shall be used against him unless he has
previously been supplied with a copy thereof or given access thereto. |
(8) The committee
may permit the prosecuting party and the accused officer to be represented by a
public officer or a counsel and attorney, provided that where the committee
permit the one party to be so represented, they shall permit the other party to
be represented in a similar manner. |
(9) If during the
course of the inquiry grounds for the framing of additional charges are
disclosed the committee shall so inform the Secretary to the Cabinet
who shall inform the Director of Public Personnel and the latter shall follow
the same procedure as was adopted in framing the original charges. |
(10) The
committee, having inquired into the matter, shall forward their report thereon
to the Commission accompanied by the record of the charges made, the evidence
taken and any other proceedings relevant to the inquiry. The report of the
committee shall include- |
(a) a statement whether in the committee's opinion the accused officer has or has not committed the offence or offences charged and a brief statement of the reasons for that opinion; |
(b) details of any matters which in the committee's opinion aggravate or alleviate the gravity of the case; and |
(c) a summing up and such general comments as will indicate clearly the opinion of the committee on the matter under inquiry. |
The
committee shall not make any recommendation with respect to the form of
punishment. |
(11) The
Commission after consideration of the report of the committee may, if it is of
the opinion that the report should be amplified in any way or that further
investigation is desirable, refer the matter back to the committee for further
investigation and report. |
(12) The
Commission shall forward the written proceedings of the inquiry to the
Governor-General together with its recommendation as to the punishment, if any,
(including retirement from the service under regulation 42 of these
Regulations) which should be inflicted on the accused officer. |
41. (1)(a) When the
Commissioner considers it necessary to institute disciplinary proceedings
against an officer to whom this regulation applies on the grounds of misconduct
which, if proved, would not be serious enough to warrant proceedings under
regulation 40, he shall, after such preliminary investigation as he may
consider necessary, report the facts to the Secretary to the Cabinet together
with copies of reports of the case, the charges and his own comments. | Proceedings for misconduct not warranting dismissal. |
(b) The Secretary to the Cabinet shall report the facts to the Director of Public Personnel who shall forward to the officer through the Secretary to the Cabinet a statement of the charge or charges made against him and shall require the accused officer to state in writing within such time as shall be specified whether he admits the charge or charges made against him or any grounds on which he relies to exculpate himself. |
(c) On receipt of the accused officer's reply to the charge or charges, the Director of Public Personnel shall forward it together with the Commissioner's report to the Commission. |
(d) If on consideration of the Commissioner's report and the officer's reply the Commission is of the opinion that no further investigation is necessary it may forthwith report the facts to the Governor-General together with a recommendation as to the penalty, if any, (other than dismissal), which should be inflicted on the officer. |
(e) If the officer does not furnish a reply within the time specified or if the Commission, on consideration of the report submitted by the Commissioner, is of the opinion that the matter should be further investigated, it shall advise the Governor-General as to the manner in which the allegations against the officer should be investigated. |
(f) The results of such investigation shall be communicated to the Commission in such manner as may be ordered by the person conducting such investigation. |
(g) The Commission may, if it considers that the results of the investigation should be amplified in any way or that further investigation is desirable, refer the matter back to the person conducting such investigation for further inquiry and report. |
(h) The Commission shall forward to the Governor-General the proceedings against the officer and shall recommend the punishment, if any, (other than dismissal) which should be inflicted on the officer. |
(2)
Notwithstanding the provisions of this regulation, if at any stage during the
proceedings |
(a) it appears to the Commission that the offence, if proved, would justify dismissal; or |
(b) the Commission considers that, if the offence is proved, proceedings for the retirement of the officer from the service on grounds of public interest would be more appropriate, |
such
proceedings shall be discontinued and the procedure in regulation 40 or 42, as
the case may be, of these Regulations shall be followed. |
42. (1) Notwithstanding
the provisions of regulation 40 of these Regulations, if the Commissioner
considers that an officer to whom this regulation applies should be discharged
on the grounds that he is unlikely to become or has ceased to be an efficient
police officer, or that for any other reason his discharge is necessary in the
public interest, he shall report the fact to the Secretary to the Cabinet who
shall make a report thereon to the Director of Public Personnel. The Director
of Public Personnel through the Secretary to the Cabinet shall inform the
officer in writing that his discharge has been recommended and the grounds upon
which the recommendation has been made and allow the officer an opportunity to
show cause why he should not be discharged. | Proceedings for discharge on the grounds of public
interest. |
(2)
If the Director of Public Personnel, after considering the officer's statement
and having regard to all the circumstances of the case, and after consultation
with the Secretary to the Cabinet, is of the opinion that such officer should
be discharged, he shall forward to the Commission the report of the
Commissioner and the statement of the officer together with his own
recommendation. The Commission shall recommend to the Governor-General the
action, if any, that it considers should be taken against the officer. |
43. Where an officer to
whom this regulation applies is convicted by any criminal court of an offence
likely to warrant disciplinary proceedings, the Commissioner shall report the
matter to the Secretary to the Cabinet and the Secretary to the Cabinet shall
report
the matter to the Director of Public Personnel who shall forward the report and
a copy of the charge and of the conviction (and the proceedings of the court if
available) to the Commission for consideration. The Commission shall advise the
Governor-General whether it considers that the officer should be dismissed or
subjected to some lesser punishment in accordance with section 59 of the Police
Act on account of the conviction for the offence: | Proceedings against an officer who has been convicted
on a criminal charge. |
Provided that
before the Commission recommends any punishment under the provisions of this
regulation, it shall give the officer an opportunity to make representations in
writing in his own defence and shall take any such representations into
consideration, but no further proceedings under this Part of these Regulations
need be instituted in any such case. |
PART VI
MISCELLANEOUS |
44. (1) Where any
police officer of the rank of sergeant or below appeals to the Governor-Generalunder the provisions of section 53(3) or 103 of the Police Act, the
Commissioner shall forthwith cause copies of all proceedings to be sent to the
Secretary to the Cabinet for transmission through the Director of Public
Personnel to the Commission and the Commission shall thereupon consider the
appeal and make its recommendation thereon to the Governor-General. | Appeals. |
(2) On any appeal
to him under the provisions of this regulation, the Governor-General may,
acting in accordance with the recommendation of the Commission, without hearing
the appellant, dismiss the appeal or allow it and in either case may revoke,
vary or add to any punishment. |
(3) Upon any
appeal the Governor-General acting in accordance with the recommendation of the
Commission may- |
(a) return the proceedings for further evidence to be taken; |
(b) quash the proceedings and order the case to be heard de novo by some other officer; or revoke or vary any finding. |
45. (1) All fines
imposed on a police officer of or above the rank of inspector in respect of offences
under these Regulations may be recovered by stoppage of the officer's pay due
at the time of committing such offence or thereafter accruing. | Fines to be recovered by stoppage of pay. |
(2) The amount of
any stoppage in respect of any fine or for any other cause authorised by these
Regulations shall be determined by the Governor-General acting in accordance
with the recommendation of the Commission but shall in no case exceed one-half
of the monthly pay of the offender, and whenever more than one order of
stoppage is enforced against the same person so much only of his pay shall be
stopped as shall leave him a residue of at least one-half of his monthly pay. |
PUBLIC SERVICE COMMISSION REGULATIONS | | | | [Commencement 1st
February, 1971] |
ARRANGEMENT OF CONTENTS |
PART I PRELIMINARY |
Title.
|
Interpretation.
|
PART II PUBLIC SERVICE COMMISSION |
Appointment of the secretary and other staff of the Commission.
|
Quorum.
|
Record of meetings and decisions.
|
Other decisions.
|
Privilege from disclosure in legal proceedings.
|
Protection of members from legal proceedings.
|
Consultation with persons other than members.
|
Documents to be made available.
|
Failure to comply with requirement of Commission.
|
Improper influence.
|
Penalty for supplying false information to Commission.
|
Unauthorised disclosure of information.
|
PART III APPOINTMENTS, PROMOTIONS AND TRANSFERS |
General functions of the Commission with regard to appointments, promotions and transfers.
|
Supervision of recruitment.
|
Advertisement of vacancies.
|
Principles and procedure applicable to selection for promotion.
|
Maintenance of a confidential report system.
|
Principles and procedures applicable to selection for acting appointments.
|
Selection for scholarships and courses.
|
Procedure for transfers.
|
Procedure in cases of urgency.
|
Detailed procedure for appointments, promotion and transfers.
|
Procedure for the exercise of delegated powers.
|
PART IV DETERMINATION OF APPOINTMENTS AND EXTENSION OF PROBATIONARY SERVICE |
Termination of appointment on abolition of office.
|
Termination of non-pensionable appointments.
|
Probationary appointments.
|
PART V DISCIPLINE |
A. General |
Premature termination of contract and withholding of gratuities.
|
Functions of the Commission with regard to discipline.
|
Regulations to govern disciplinary procedure.
|
Grounds for criminal prosecution.
|
No dismissal while criminal proceedings pending.
|
Disciplinary action after acquittal on a criminal charge.
|
Copies of evidence of inquiries.
|
Appeals.
|
Interdiction.
|
Non-payment of salary on conviction on a criminal charge.
|
Interdicted officers not to leave The Bahamas.
|
Punishments.
|
B. Proceedings against Public Officers |
Proceedings for dismissal of a public officer in respect of whom disciplinary control has not been delegated.
|
Proceedings for dismissal of a public officer in respect of whom disciplinary control has been delegated.
|
Proceedings for misconduct not warranting dismissal against a public officer in respect of whom disciplinary control has not been delegated.
|
Proceedings for misconduct, not warranting dismissal against a public officer in respect of whom disciplinary control has been delegated.
|
Proceedings against a public officer for retirement in the public interest.
|
Criminal conviction of a public officer.
|
C. Procedure on Admission of Offences |
Admission of offence.
|
D. Miscellaneous |
Commission to be kept informed of proceedings and to have power to intervene.
|
Absence from duty without leave.
|
Withholding and restoration of increments.
|
Procedure when Department not supervised by Permanent Secretary.
|
|
| | [v] PUBLIC SERVICE COMMISSION
REGULATIONS |
| S.I. 2/1971
S.I. 79/1971 | |
(ARTICLE 125) |
| | | [Commencement 1st February, 1971] |
|
PART I
PRELIMINARY |
1. These Regulations may be cited as the Public Service Commission Regulations. | Title. |
2. In these Regulations
unless the context otherwise requires- | Interpretation. |
"appointment"
means- |
(i) the
conferment of an office of emolument in the public service, whether or not
subject to subsequent confirmation, upon a person not in the public service; |
(ii) the grant
of permanent and pensionable terms of service in a public office to a person
recruited and serving on contract terms of service or in a non-established
capacity in a pensionable or non-pensionable office; |
(iii) the
engagement in a public office of a person on contract terms of service for a
further period of service on the conclusion of his previous period of
engagement on contract terms in the same or other public office; and |
(iv) the
appointment of a public officer to act in any public office other than that to
which he is substantively appointed; |
"the Chairman" means the person appointed under the provisions of Article 107 of the Constitution as Chairman of the Commission and includes any temporary or acting Chairman; |
"the Commission" means the Public Service Commission constituted under the provisions of Article 107 of the Constitution; |
"the Committee" means a committee appointed under the provisions of these Regulations; |
"court" means either the Supreme Court or a magistrate's court; |
"criminal charge" means a charge in respect of an offence for which the court imposes a sentence of imprisonment without the option of a fine, or any other offence which in the opinion of the Commission involves serious moral turpitude; |
"established post" means a public office, specifically mentioned as an established post in the Estimates; |
"empowered officer" means a public officer to whom powers of appointment and disciplinary control have been delegated under the provisions of the Constitution; |
"Head of Department" means a person holding an office specified as such, or as having equivalent status, by the Governor-General by notice in the Gazette; |
"member" means any person appointed to the Commission under the provisions of Article 107 of the Constitution and includes any temporary member; |
"miscellaneous officers" means public officers who- |
(i) are not Heads of Departments; |
(ii) are not members of any Ministry; |
(iii) have no Head of Department; |
"non-established
post" means a public office which is not an established post; |
"non-pensionable
officer" includes an officer serving under a contract or agreement which
does not provide for the payment of a pension; |
"office of
emolument" in relation to the definition of public office and public
officer, means any established or non-established post in the public service
excluding any non-established post the remuneration in respect of which is
calculated at hourly, daily or weekly rates; |
"official
document" means any document or paper prepared by any public officer in
the course of his employment or any document or paper which comes into the
custody of any public officer in the course of such employment; |
"Permanent
Secretary" means the Permanent Secretary who exercises supervision over
the Department concerned or over the Department in which the officer concerned
holds a post as the case may be; |
"posts in
respect of which the power to appoint has been delegated" means public
offices in respect of which the Governor-General has delegated power to make
appointments in accordance with Article 110 of the Constitution; |
"promotion"
means the conferment upon a person in the public service of a public office to
which is attached a higher salary or higher salary scale than that attached to
the public office to which he was last substantively appointed; |
"public
office", "public officer" and "public service" shall
have the same meanings as are assigned to those expressions in the Constitution
except that the definition of the expression "office of emolument"
used therein shall be limited to the meaning given in these Regulations; |
"public
officer in respect of whom disciplinary control has been delegated" means
the holder of a public office in respect of whom the Governor-General has under
Article 110 of the Constitution, delegated power to remove and power to
exercise disciplinary control; |
"salary"
means basic salary; |
"seniority"
means the relative seniority of officers and, except as may be otherwise
provided by the Commission or in these Regulations, shall be determinable and
shall be regarded as having always been determinable as follows- |
(i) as between
officers of the same grade- |
(a) by reference to the dates on which they respectively entered that grade; |
(b) if any officers entered that grade on the same day, by reference to their seniority on the day immediately preceding that day; |
(c) if any officers who entered the same grade on the same day did so by appointment and not by promotion (excluding promotion from a non-pensionable to a pensionable grade), their seniority relative to each other shall be determinable by reference to their respective ages; |
(ii) as
between officers of different grades on the same salary scale or the same flat
rate of salary, by reference to the dates on which they respectively entered
their grades; |
(iii) as
between officers of different grades on different salary scales, by reference
to the maximum point on their salary scales, a flat rate of salary being
regarded for this purpose as a salary scale with a maximum point equivalent to
the flat rate: |
Provided that when
assessing the seniority of a pensionable public officer, service by that
officer or any other person in a non-pensionable capacity shall not be taken
into account; |
"transfer"
means the conferment upon a public officer whether permanently or otherwise of
some public office other than that to which the officer was last substantively
appointed, not being a promotion; but the posting of an officer between duty
posts in the same grade within a Department shall not be regarded for this
purpose as a transfer. |
PART II
PUBLIC SERVICE COMMISSION |
3. The secretary to the
Commission and other staff of the Commission shall be public officers. | Appointment of the secretary and other staff of the
Commission. |
4. (1) Every meeting of
the Commission shall be presided over by the Chairman, and he and one member
shall form a quorum for a meeting at any time when there are not more than
three members of the Commission holding office and the Chairman and two members
shall form a quorum for a meeting at any other time. | Quorum. |
(2) Any question
proposed for decision at any meeting of the Commission shall be determined by a
majority of the votes of the members present and voting, and if on any such
question the votes are equally divided the Chairman shall have and exercise a
casting vote. |
5. A record shall be
kept of the members present and of the business transacted at every meeting of
the Commission. Any member who is present at a meeting when a decision is made
shall be entitled to dissent therefrom and to have his dissent and his reasons
therefor set out in the record of such meeting. | Record of meetings and decisions. |
6. A decision may be
made by the Commission without a meeting by circulation of the relevant papers
among the members and the expression of their views in writing, and in any such
case the decision, shall be the view of the majority of members expressing a view: | Other decisions. |
Provided that if
any member requires that a decision on a matter being dealt with by circulation
of the relevant papers shall be deferred until the subject matter shall be
considered at a meeting of the Commission, no decision shall be made on that subject
except at a meeting of the Commission: |
Provided further
that where a member dissents from a view recorded by a majority of members on
papers circulated for a decision, the decision shall not be implemented until
that member records the reasons for his view. |
7. Any report, statement
or other communication or record of any meeting, inquiry or proceedings which
the Commission may make in exercise of its functions or any member may make in
performance of his duties, or in discharge of any duty to the Governor-General
or to any public officer, shall be privileged in that its production may not be
compelled in any legal proceedings if the Governor-General certifies that such
production is not in the public interest. | Privilege from disclosure in legal proceedings. |
8. The Chairman and any
member shall have such and like protection and privilege in case of any action
or suit brought against him for any act done or omitted to be done in the
execution of his duties under these Regulations as is by law given to the acts
done or words spoken by a judge of the Supreme Court in the exercise of his
judicial office. | Protection of members from legal proceedings. |
9. The Commission may
require any public officer to attend and give evidence before it concerning any
matter which it is required to consider in the exercise of its functions, and
may, unless the Governor-General certifies that such production is not in the
public interest, require the production of any official document relating to
any such matter. | Consultation with persons other than members. |
10. Any public officer
who submits any matter for the consideration of the Commission shall ensure
that all relevant documents and papers are made available to the Commission. | Documents to be made available. |
11. Any public officer
who without reasonable excuse fails to appear before the Commission when
required by the Commission to do so or who fails to comply with any other
requirement lawfully and properly made by the Commission, shall be guilty of a
breach of discipline, and the Commission may advise the Director of Public
Personnel that disciplinary proceedings should be instituted against him and
the Director of Public Personnel shall act accordingly. | Failure to comply with requirement of Commission. |
12. Any person who,
otherwise than in the course of his duty, directly or indirectly by himself or
by any other person in any manner whatsoever influences or attempts to
influence any decision of the Commission or of the Chairman or of any member,
shall be guilty of an offence and upon summary conviction be liable to a fine
not exceeding one hundred and fifty dollars or to imprisonment for a term not exceeding
six months or to both such fine and imprisonment: | Improper influence. |
Provided that
nothing in this regulation shall prohibit any person who may properly give a
certificate or testimonial to any applicant or candidate for any public office
from giving such a certificate or testimonial or from supplying any information
or assistance at the request of the Commission. |
13. Any person who in
connection with any 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 make a recommendation to the Governor-General or to make any
decision, wilfully gives to the Commission or to any member thereof, or to any
person or body of persons properly appointed to assist the Commission in the
exercise of its functions or the discharge of its duties, or to any empowered
officer, any information which he knows to be false or does not believe to be
true, or which he knows to be false by reason of the omission of any material
particular, shall be guilty of an offence and upon summary conviction be liable
to a fine not exceeding three hundred dollars or to imprisonment for a term not
exceeding one year or to both such fine and imprisonment. | Penalty for supplying false information to Commission. |
14. (1) Neither the
Chairman nor any member nor any other person shall without the written
permission of the Governor-General, publish or disclose to any person otherwise
than in exercise of his functions under these Regulations the contents of any
document, communication or information whatsoever which has come to his notice
in the course of his duties in respect of any matter referred to the Commission
or dealt with by an empowered officer, and any person who knowingly acts in
contravention of this regulation shall be guilty of an offence and upon summary
conviction be liable to a fine not exceeding three hundred dollars or to
imprisonment for a term not exceeding one year or to both such fine and
imprisonment. | Unauthorised disclosure of information. |
(2) If any person
having possession of any information which to his knowledge has been disclosed
in contravention of the provisions of paragraph (1) of this regulation,
publishes or communicates to any other person any such information otherwise
than for the purpose of any criminal prosecution or of disciplinary proceedings
in respect of such disclosure, he shall be guilty of an offence and upon
summary conviction be liable to a fine not exceeding three hundred dollars or
to imprisonment for a term not exceeding one year or to both such fine and
imprisonment. |
PART III
APPOINTMENTS, PROMOTIONS AND TRANSFERS |
15. (1) The Commission
shall make recommendations to the Governor-General on the following- | General functions of the Commission with regard to
appointments, promotions and transfers. |
(a) appointments,
(not being appointments delegated by the Governor-General under Article 110 of
the Constitution), promotions and transfers of public officers in respect of
whom powers of appointment are vested by Article 108 of the Constitution in the
Governor-General acting in accordance with the recommendation of the
Commission; |
(b) petitions
by public officers to the Governor-General against decisions by him and by
public officers in respect of appointments, promotions and transfers. |
(2) Before
recommending the appointment of a person to be a Permanent Secretary or a Head
of Department (or to be the holder of any such office of similar status as the
Governor-General may, after consultation with the Prime Minister, specify by
notice in the Gazette) the Commission shall consult the Prime Minister,
in accordance with the provisions of subsection (3) of Article 108 of the
Constitution, and shall state in its recommendation to the Governor-General
that the Prime Minister has been so consulted. |
16. In order to
discharge its duties under the provisions of regulation 15 the Commission shall
exercise supervsion over and approve any scheme for admission to any public
office by examination or for the award of any scholarship for training for the
public service, and over any other method of recruitment including the
appointment and procedure of any Board for the selection of candidates. | Supervision of recruitment. |
17. Where any vacancy
is not to be filled by promotion the existence of such vacancy shall, unless
the Commission otherwise directs, be notified to the public by advertisement in
time to enable candidates to make application in accordance with such
advertisement. | Advertisement of vacancies. |
18. (1) In considering
the claim of any officer in the public service for promotion, merit and ability
shall be taken into account as well as seniority, experience and formal
qualifications. | Principles and procedures applicable to selection for
promotion. |
(2) Any
recommendation made to the Commission for promotion shall state whether the
person recommended is the senior officer in the department or grade eligible
for promotion and, where this is not the case, detailed reasons shall be given
in respect of each person in that department or grade over whom it is proposed
that the person recommended should be promoted. |
19. In order to
discharge its duties under regulation 18 the Commission may issue such
directions as it may see fit for the maintenance of a system of confidential
reports on public officers and for their safe custody. | Maintenance of a confidential report system. |
20. The procedure for
making acting appointments shall be the same as that prescribed in these
Regulations for making a promotion. Any recommendation to the Commission for
the making of an acting appointment except one under subsection (2) of section
16 of the
Public Service Act, shall contain a statement whether or not the officer
recommended for acting appointment is in every way qualified to perform all the
duties of the office in which he is to act. | Principles and procedures applicable to selection for
acting appointments. |
21. The procedure for
making appointments shall be followed where it is desired to select an officer
for a scholarship or a course of training which is designed to fit him for a
higher post or which may enhance his qualifications for promotion. | Selection for scholarships and courses. |
22. The procedure for
transfers shall, where any increase in emoluments is involved, be that
prescribed in these Regulations for promotions, and, in any other case, be that
so prescribed for appointments. | Procedure for transfers. |
23. When it is
necessary to make an appointment, promotion or transfer of a public officer,
the procedure in the subsequent regulations in this Part of these Regulations
shall be followed, except that, where any delay involved in carrying out such
procedure is likely to cause serious inconvenience, the Head of Department
shall report the matter to the Permanent Secretary who shall forward the
report to the Director of Public Personnel who shall in turn forward it to the
Chairman, and the Commission may, as a matter of urgency, recommend an acting
appointment without regard to that procedure. | Procedure in cases of urgency. |
24. The appointment
(not being an appointment delegated by the Governor-General under Article 110
of the Constitution), promotion and transfer of public officers shall be made
by the Governor-General acting in accordance with the recommendation of the
Commission and, subject to the provisions of regulation 23 of these
Regulations, the following procedure shall be followed- | Detailed procedure for appointments, promotion and
transfers. |
(a) as soon as
it is known that a vacancy will occur in the post of "Head of
Department" the holder of that post shall without delay report the matter
to the Permanent Secretary and make recommendations. If for any reason the Head
of Department is unable to report the vacancy, the officer acting for such Head
of Department or the next senior officer in the department shall make the
required report and recommmendations; |
(b) upon
receipt of a report referred, to in paragraph (a) of this regulation the Permanent Secretary shall forward the
report together with his observations thereon to the Director of Public
Personnel, who shall communicate to the Chairman in writing his recommendations
regarding the filling of the vacancy; |
(c) the Head of
Department shall report to the Permanent Secretary without delay the creation
of any new post or any impending vacancy in an existing post in his department.
The report shall include a recommendation as to how the post should be filled
and whether or not the post should be advertised. If it is recommended that the
post should be advertised the Head of Department shall forward a draft advertisement
with the report; |
(d) upon
receipt of a report referred to in paragraph (c) of this regulation, the
Permanent
Secretary shall forward it to the Director of Public Personnel, who shall
verify that there is no Establishment or financial objection to the filling of
the post and that the terms of the advertisement, if any, are correct, and
shall forward the report to the Chairman, together with his own recommendation
in the matter; |
(e) in the case
of vacancies among miscellaneous officers to which this regulation applies, the
necessary report shall be made to the Chairman by the Director of Public Personnel; |
(f) if the
Commission decides that a post should be advertised, the Commission shall
arrange the publication of the advertisement and shall receive the replies to
the advertisement; |
(g) the
Commission may interview the candidates for any post or it may appoint a
Selection Board for this purpose and the Selection Board shall report to the
Commission in such manner as the Commission directs. The Commission shall take
into consideration the recommendations by the Head of Department and the
Permanent Secretary on the candidates; |
(h) if the
Commission is unable to recommend any candidate for appointment to the post,
the Commission may propose such arrangements as may be necessary for
recruitment to the post from outside The Bahamas. |
25. (1) Subject to any
general or special directions of the Commission, empowered officers shall have
power to make appointments to any established or unestablished post the power
to appoint to which has been delegated to them. | Procedure for the exercise of delegated powers. |
(2) In the
exercise of any such power empowered officers shall as far as possible follow
the general principles set out in the preceding regulations in this Part of
these Regulations. |
(3) Empowered
officers may establish, in accordance with such directions as may be issued by
the Commission from time to time, Advisory Boards on appointments and
promotions and may consult such Boards in the exercise of any such power as
aforesaid, but shall not be bound to act upon or in accordance with the advice
of any such Board. |
PART IV
DETERMINATION OF APPOINTMENTS AND EXTENSION OF PROBATIONARY SERVICE |
26. Where a post, being
one of a number of such posts, is abolished, but one or more of such posts
remain- | Termination of appointment on abolition of office. |
(a) if such
posts are posts in respect of which the power to appoint has been delegated
under Article 110 of the Constitution, the empowered officer shall determine
which of the appointments of the substantive holders thereof shall be terminated
in consequence of such abolition; and |
(b) in any
other case the Head of Department shall make a report thereon to the Permanent
Secretary who shall refer the report to the Director of Public Personnel making
his recommendations with reasons therefor as to which of the substantive
holders of such posts shall have his appointment terminated; the Director of
Public Personnel shall forward such report with his observations thereon to the
Chairman and the Commission shall make its recommendations thereon to the
Governor-General. |
27. If an empowered
officer is of the opinion that the appointment of a non-pensionable public
officer should be terminated (otherwise than as provided in regulation 29 and
46 of these Regulations), the empowered officer shall, in writing, set out, his
reasons and require the officer to show cause, in writing, why his service
should not be terminated; if no reply is received by the empowered officer
within two weeks of the receipt thereof or if the empowered officer considers
that no adequate cause has been shown- | Termination of non-pensionable appointments. |
(a) in the case
of an officer in respect of whom disciplinary control has been delegated, the
empowered officer may terminate the appointment; |
(b) in the
case of any other officer, the Head of Department shall report the case, giving
his reasons and forwarding any representations made by the officer to the
Permanent Secretary who shall refer the report to the Director of Public
Personnel and the Director of Public Personnel shall forward the report
together with his recommendation to the Chairman; and the Commission shall
recommend to the Governor-General whether the appointment should be terminated. |
28. (1) Where a public
officer holds an appointment subject to a period on probation, which period
shall in no case be less than twelve months, six weeks before the expiration of
the probationary period the empowered officer shall consider whether such
officer should, on such expiration, be confirmed in an established post or
should serve a further period on probation or should not remain in the public
service. If the officer concerned is one whom he is empowered to dismiss and he
considers that the officer should serve a further period on probation or should
not remain in the public service, he shall act according to his opinion in the
matter. In any other case in which he considers that the officer should serve a
further period on probation or should not remain in the public service and in
every case in which he considers that the officer should be confirmed in an
established post, he shall report the matter together with
his reasons therefor to the Director of Public Personnel, who shall forward the
report to the Chairman with his own recommendations; and the Commission shall
make its recommendation to the Governor-General upon the matter. | Probationary appointments. |
(2) Where a public
officer holds a probationary appointment and the empowered officer at any time
during the period of such probationary appointment is of opinion that such
appointment should be terminated, the empowered officer shall follow the
procedure provided in paragraph (1) of this regulation in respect of an officer
whom he considers should not remain in the public service, as the circumstances
require. |
(3) Before either
reaching a final conclusion or deciding to make a report, as the case may be,
under the provisions of paragraph (1) or (2) of this regulation, that a further
period of probationary service by an officer is necessary, or that an officer
should not remain in the public service, or that the probationary appointment
of an officer should be terminated, the empowered officer shall, if it appears prima
facie that such a conclusion may be reached or that such a report may be
required, call upon the officer concerned to submit his representations on the
matter. |
PART V
DISCIPLINE |
A. General |
29. (1) Where a public
officer is serving under a contract which provides for the termination of that
contract by notice before the expiration of the period of service stipulated in
the contract- | Premature termination of contract and withholding of
gratuities. |
(a) in any case
where to dismiss such officer under these Regulations the Commission is
required to make recommendations to the Governor-General and the Head of
Department of that officer is of the opinion that such contract should be so
terminated, he shall report the matter to the Permanent Secretary together with
the reasons for such course; and the Permanent Secretary shall refer the report to the Director of
Public Personnel who shall forward the report to the Chairman with his
recommendations; and the Commission shall recommend to the Governor-General
whether such course should be taken; |
(b) in any
other case the officer empowered to dismiss such officer may terminate the contract: |
Provided that
where it appears to the Director of Public Personnel or any other officer empowered
to dismiss that there is any doubt whether under the terms of the contract such
termination can be lawfully effected, the Director of Public Personnel, or the
officer empowered to dismiss, as the case may be, shall refer the case to the
Attorney-General for advice- |
(2) Where a public
officer is serving under a contract which provides for the payment of a
gratuity on completion of satisfactory service- |
(a) in
any case where to dismiss such officer under these Regulations the Commission is
required to make recommendations to the Governor-General and the Head of
Department of that officer is of the opinion that no gratuity or part only of
such gratuity should be paid, he shall report the matter to the Permanent
Secretary, together with the reasons for such course and the Permanent
Secretary shall refer the report to the Director of Public Personnel with
observations thereon. The Director of Public Personnel if it appears to him
that such an opinion can prima facie be justified, shall call upon the
officer concerned to submit his representations on the matter and shall forward
the report and any representations received from the officer to the Chairman
with his recommendations, and the Commission shall recommend to the
Governor-General whether such gratuity should be paid in whole or in part; |
(b) in any
other case, the officer empowered to dismiss such officer may refuse to
authorise the payment of such gratuity or part thereof. |
30. (1) The Commission
shall make recommendations to the Governor-General on any such question
involving disciplinary control over public officers as is required to be
submitted to the Governor-General by virtue of Article 108 of the Constitution. | Functions of the Commission with regard to discipline. |
(2) The Commission
shall make recommendations to the Governor-General on appeals against the
orders of empowered officers in disciplinary matters. |
(3) The Commission
may review the powers of disciplinary controls of empowered officers and the
procedure relating to the exercise of such powers and make recommendations to
the Governor-General on such matters. |
(4) Where in any
case the Commission is of the opinion that disciplinary proceedings should be
instituted against a public officer, the Commission may, notwithstanding the
provisions of these Regulations, direct the Director of
Public Personnel to initiate such proceedings: |
Provided that in
any case where it appears to the Commission that the conduct of the officer in
question may constitute a criminal offence, the case shall be referred to the
Attorney-General; and where the Attorney-General advises that it is intended to
institute criminal proceedings in respect thereof, the Commission shall
postpone consideration of the giving of such a direction until the conclusion
of such proceedings and any appeal. |
31. Any act of
misconduct by any public officer shall be dealt with under this part of these
Regulations as soon as possible after the time of its occurrence. | Regulations to govern disciplinary procedure. |
32. When a preliminary
investigation or a disciplinary inquiry discloses that an offence against any
law may have been committed by a public officer, the empowered officer, unless
action by the police has been or is about to be taken, shall consult the
Attorney-General as to whether a prosecution should be instituted and, if he
does not advise a prosecution, as to whether disciplinary action should be
taken or continued under the appropriate regulation. In the latter case the
charges framed against the officer shall be approved by the Attorney-General
before the officer is required to answer them or before the inquiry proceeds. | Grounds for criminal prosecution. |
33. Where criminal
proceedings are instituted against a public officer in any court, proceedings
for his dismissal upon any grounds involved in the criminal charge shall not be
taken until the conclusion of the criminal proceedings and the determination of
any appeal therefrom. | No dismissal while criminal proceedings pending. |
34. No disciplinary
action of any kind shall be taken against any public officer in respect of any
conduct, or any conduct raising, in the opinion of the Attorney-General,
substantially the same issues as conduct in respect of which he has been
acquitted in a criminal court. | Disciplinary action after acquittal on a criminal
charge. |
35. (1) Subject to
paragraph (3) of this regulation, any public officer, in respect of whom a
disciplinary inquiry is to be held, shall be entitled at or before the
commencement of the inquiry to receive, free of charge, a copy of every
document that is to be relied on for the purpose of, or in connection with,
establishing his guilt, or in default thereof, to be allowed access thereto. | Copies of evidence of inquiries. |
(2) Subject as
aforesaid, any public officer, in respect of whom a disciplinary inquiry has
been held, shall be entitled after the conclusion of such inquiry to receive a
copy of every document tendered in evidence at such inquiry on the payment of
twenty-five cents therefore, and a copy of the record of evidence on payment of
five cents for every hundred words after the first hundred words of that
record. |
(3) Nothing in
this regulation shall entitle any person to receive any copy of any official
document (not being a document given in evidence at any inquiry) or any
recorded reason for any decision reached at any inquiry. |
36. (1) Subject to the
provisions of this regulation, a public officer may, within one month, (or such
longer period as the Commission may in any particular case allow) after the
decision taken in relation to him by an empowered officer in any disciplinary
proceedings is communicated to him, appeal against such decision to the
Governor-General through the Commission, and the Commission shall make a
recommendation on any such appeal to the Governor-General. | Appeals. |
(2) Where the
Commission is satisfied that, having regard to- |
(a) any new and
material facts communicated to the Commission within one year after the date on
which a decision of an empowered officer was communicated to a public officer;
and |
(b) the reasons
for the non-disclosure of the said facts in the previous appeal, |
a further
appeal should be allowed, then in such a case one further appeal and one only
may be made by such officer to the Governor-General, through the Commission,
and the Commission shall make a recommendation on the appeal to the
Governor-General. |
(3) On
communicating to an officer any such decision as aforesaid, there shall also be
communicated to him the fact that an appeal may be made as mentioned in
paragraph (1) of this regulation: |
Provided that
failure to communicate such fact shall not invalidate the decision. |
37. (1) Where the
authority empowered to dismiss any public officer considers that the interests
of the public service require that such public officer should cease forthwith
to exercise the powers and functions of his office, the authority may interdict
him from the exercise of those powers and functions, if disciplinary
proceedings for his dismissal are being taken or are about to be taken or if
criminal proceedings are being instituted against him. | Interdiction. |
(2) An officer who
is interdicted shall, subject to the provisions of regulation 38, receive such
emoluments, not being less than one half, as the authority empowered to dismiss
him thinks fit. |
(3) Where any
disciplinary proceedings mentioned in paragraph (1) do not result in the
dismissal of the officer or in the award against him of any punishment, the
whole of any emoluments withheld from him shall be restored to him when the
final decision is made; but where any punishment, not amounting to dismissal,
is awarded against him, there shall be restored to him such proportion, if any,
of any emoluments withheld from him as in the opinion of the authority is
justified in the circumstances of the case. |
38. Where any public
officer is convicted by any criminal court of an offence, and is dismissed from
the service on account of such conviction, he shall, with effect from the date
of such conviction, be entitled to receive such emoluments, if any, as the Commission
may think fit: | Non-payment of salary on conviction on a criminal
charge. |
Provided that any
emoluments withheld from an officer pursuant to this regulation shall be
restored to the officer in any case where any such conviction as aforesaid is
quashed pursuant to the decision of any higher court. |
39. (1) An officer who
is under interdiction shall not leave The Bahamas without the permission of the
officer who interdicted him or of any superior officer having authority over
the interdicted officer. | Interdicted officers not to leave The Bahamas. |
(2) It shall be
the duty of an officer under interdiction to leave with a superior officer
referred to in paragraph (1) an address, within or outside The Bahamas, as the
case may be, where he may at any time be contacted. |
40. (1) The following
punishments may be ordered as a result of proceedings under these Regulations- | Punishments. |
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(d) deferment of increment; |
(e) withholding of increment; |
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(g) forfeiture of any part of any emoluments, |
withheld
during any period of interdiction under the provisions of regulations 37: |
Provided that
nothing in this paragraph shall limit any power conferred under regulation 27,
28, 29 and 46 to terminate the appointment of a public officer or any power
conferred in these Regulations to require a public officer to retire from the
public service in the public interest. |
(2)
Notwithstanding the provisions of paragraph (1) of this regulation, on
completion of proceedings instituted for dismissal of a public officer- |
(a) in the case
of a public officer in respect of whom disciplinary powers have not been
delegated, the Governor-General acting on the recommendation of the Commission
may, if of the opinion that the officer does not deserve to be dismissed but
that the proceedings disclose grounds for requiring him to retire in the public
interest, require him to do so; and |
(b) in the case
of a public officer in respect of whom disciplinary powers have been delegated,
the empowered officer, if of the opinion that the officer does not deserve to
be dismissed but that the proceedings disclose grounds for requiring him to
retire in the public interest, shall submit the record of the proceedings and
his recommendation to the Director of Public Personnel, who shall forward the
same, with his opinion thereon, to the Chairman, and the Commission, after
causing such further inquiry to be made as appears necessary, shall recommend
to the Governor-General whether the officer should be required to retire in the
public interest. |
(3) Where an
empowered officer is of opinion that paragraph (2) of this regulation should be
applied to a public officer not being a public officer in respect of whom
disciplinary control has been delegated, he shall make a report to the
Director of Public Personnel who shall forward the case, giving his opinion thereon
to the Chairman. The Commission shall, after causing such further inquiry to be
made as appears necessary, recommend to the Governor-General whether the
officer should be required to retire in the public interest. |
B. Proceedings
against Public Officers |
41. (1) Where an
empowered officer considers it necessary to institute proceedings against the
public officer in respect of whom disciplinary control has not been delegated
and who is serving in a department under his supervision, on grounds of
misconduct which, if proved, would justify his dismissal from the public
service, he shall cause such preliminary investigation to be made as he
considers necessary and shall report the facts to the Director
of Public Personnel. The Director of Public Personnel shall, after considering
the report- | Proceedings for dismissal of a public officer in
respect of whom disciplinary control has not been delegated. |
(a) and, if he
considers that a charge should be made against the officer, after consulting
the Attorney-General as to the terms of the charge, forward to the officer a
statement of the charge preferred against him together with a brief statement
of the particulars of the allegation upon which the charge is based, in so far
as they are not clear from the charge itself; and shall call upon the accused
officer to state in writing, within such reasonable time as shall be specified,
any grounds upon which he relies to exculpate himself; or |
(b) if he
considers that, if the offence is proved, some penalty other than dismissal is
likely to be appropriate, shall arrange for the procedure set out in regulation
43 or 45, as the case may be, of these Regulations to be followed. |
(2) If the officer
does not furnish a reply to any charge forwarded under sub-paragraph (a) of
paragraph (1) of this regulation within the period specified, or if, in the
opinion of the Director of Public Personnel he fails to exculpate himself, the
Governor-General may cause a committee to be appointed to inquire into the
matter. One member of the committee shall be a judge, magistrate or a public
officer with legal qualifications who shall be chairman. The Head of Department
under whom the officer is serving shall not be a member of the committee. |
(3) The committee
shall inform the accused officer that on a specified day the charge against him
will be investigated by them and that he will be allowed or, if the committee
shall so determine, will be required, to appear before the committee. |
(4) If witnesses
are examined by the committee, the accused officer shall be given an
opportunity of being present and of putting questions on his own behalf to the
witnesses, and no documentary evidence shall be used against him unless he has
been previously supplied with a copy thereof or given access thereto. |
(5) The committee
may permit the Head of Department or the Permanent Secretary or the accused
officer to be represented by a public officer or a legal practitioner, provided
that where the committee permit the one party to be so represented, they shall
permit the other party to be represented in the same manner. |
(6) If during the
course of the inquiry grounds for the framing of an additional charge against
the accused officer are disclosed, the committee shall so inform the Director
of Public Personnel and if the Director of Public
Personnel thinks fit to recommend proceedings against the accused officer upon
such grounds, the same procedure shall be followed in respect of the additional
charge as was adopted in respect of the original charge. |
(7) The committee,
having inquired into the matter, shall forward their report thereon to the
Chairman, accompanied by the record of the charges made, the evidence taken and
any other proceedings relevant to the inquiry. |
(8) The
Commission, after consideration of the report of the committee may, if it is of
the opinion that the report should be amplified in any way or that further
investigation is desirable, refer the matter back to the committee for further
investigation and report. The Commission shall forward the written proceedings
of the inquiry to the Governor-General together with its recommendation as to
the punishment, if any, which should be inflicted on the accused officer. The
decision on each charge preferred against the accused officer shall be
communicated to him (but not the reasons for the decision). |
42. Where an empowered
officer considers it necessary to institute disciplinary proceedings against a
public officer serving in a department under his supervision, in respect of
whom disciplinary control has been delegated upon grounds of misconduct, which,
if proved, would warrant his dismissal from the public service, he shall cause
such preliminary investigation as he may deem necessary to be made and shall
forward to the officer concerned a written statement of the charge made against
him and shall call upon the officer to state in writing, within such reasonable
time as shall be specified, any grounds upon which he relies to exculpate
himself. If the accused officer does not avail himself of this opportunity or
if in the opinion of the empowered officer he fails to exculpate himself, then
the empowered officer may dismiss the accused officer or impose such penalty as
he considers appropriate. | Proceedings for dismissal of a public officer in
respect of whom disciplinary control has been delegated. |
43. (1) Where an
empowered officer considers it necessary to institute disciplinary proceedings
against a public officer in respect of whom disciplinary control has not been
delegated and is of the opinion that the misconduct alleged is not serious
enough to warrant dismissal, he shall investigate the matter in such manner as
he thinks proper or he may request the Director of Public Personnel to cause an
investigation to be made; in either case the officer shall be entitled to know
the whole case against him and shall be given adequate opportunity of making
his defence. | Proceedings for misconduct not warranting dismissal
against a public officer in respect of whom disciplinary control has not been
delegated. |
(2) If, as a
result of an investigation referred to in paragraph (1) of this regulation, the
empowered officer is of the opinion that the allegation is proved, he shall
make a report to the Director of Public Personnel who shall forward the report,
with his recommendation as to penalty to the Chairman. |
(3) The Commission
shall make recommendations to the Governor-General as to what penalty, if any,
should be inflicted on the officer. |
(4) The decision
on each charge preferred against the officer shall be communicated to him (but
not the reasons for the decision) by the Director of Public Personnel. |
(5)
Notwithstanding the provisions of this regulation, if at any stage during
proceedings taken, it appears to the Director of Public Personnel that- |
(a) the
offence, if proved, would justify dismissal; or |
(b) if the
offence is proved, proceedings for the retirement of the officer from the
public service in the public interest would be more appropriate, |
such
proceedings shall be discontinued and the procedure in regulation 41 or 45, as
the case may be, shall be followed. |
44. (1) Where an
empowered officer considers it necessary to institute disciplinary proceedings
against a public officer in respect of whom disciplinary control has been
delegated and is of the opinion that the misconduct alleged is not serious
enough to warrant dismissal, he shall investigate the matter in such manner as
he thinks proper; but so that the accused officer shall be entitled to know the
whole case against him and shall be given an adequate opportunity of making his
defence. | Proceedings for misconduct not warranting dismissal
against a public officer in respect of whom disciplinary control has been
delegated. |
(2) If, as a
result of an investigation referred to in paragraph (1) of this regulation, the
empowered officer is of the opinion that the allegation is proved he shall
inflict such punishment authorised by these Regulations other than dismissal,
as he thinks in the circumstances to be proper. |
(3) The decision
on each charge preferred against the officer shall be communicated to him (but
not the reasons for the decision) by the empowered officer. |
(4)
Notwithstanding the provisions of this regulation, if, at any stage during
proceedings taken, it appears to the empowered officer that- |
(a) the offence, if proved, would justify dismissal; or |
(b) if the offence is proved, proceedings for the retirement of the officer from the service in the public interest would be more appropriate. |
such
proceedings shall be discontinued and the procedure in regulation 42 or 45, as
the case may be, shall be followed. |
45. (1) If a Permanent
Secretary or Head of Department considers that it is desirable in the public
interest that a public officer serving in his department should be required to
retire from the public service on grounds which cannot suitably be dealt with
under any other regulation, he shall report the matter to the Director of
Public Personnel. | Proceedings against a public officer for retirement in
the public interest. |
(2) The Director
of Public Personnel may obtain from any public officer under whom such public
officer has served a report as to his work and conduct, and may allow any such
officer to consider such reports and shall allow such officer to show cause why
he should not be retired from the public service and to make a written
statement, if he so desires. |
(3) If the
Director of Public Personnel after considering the officer's statement and having
regard to all the circumstances of the case, is of the opinion that such
officer should be retired from the public service in the public interest, he
shall forward to the Chairman any report obtained under the preceding paragraph
and the statement of the officer together with his own recommendation. The
Commission shall recommend to the Governor-General whether or not the officer
should be retired. |
(4) If the
Commission recommends that the officer shall be retired from the public
service, the Commission shall further recommend whether the officer should be
granted the full pension or gratuity for which he is eligible or a reduced
pension or reduced gratuity, or no pension or no gratuity, as the case may be. |
46. Where any public
officer is convicted by any criminal court of an offence, the Head of
Department shall bring the matter to the notice of the Permanent Secretary, who
shall report the matter to the Director of Public Personnel. The Director of
Public Personnel, after inviting the officer concerned to make any
representations he desires concerning the offence, shall forward the report
with his recommendations as to punishment and a copy of the charge and of the
conviction (and the proceedings of the court if available) to the Chairman. The
Commission shall consider the conviction (and the proceedings if available) and
if, after considering any representations made by the officer, it is of the
opinion that the officer should be dismissed or subjected to some other
disciplinary penalty on account of the conviction for the offence, the
Commission shall recommend to the Governor-General that such penalty should be
inflicted without following the procedure prescribed in regulation 41, 42, 43
or 44 of these Regulations. | Criminal conviction of a public officer. |
C. Procedure on
Admission of Offences |
47. Where the facts
giving rise to any charge made against an officer under regulation 41 or 43 are
admitted by that officer in writing, a record of the case, together with the
comments of the Permanent Secretary or Head of Department
and the Director of Public Personnel, shall be forwarded to the Chairman and
the Commission shall, after causing such further inquiry to be made as appears
necessary, recommend to the Governor-General what punishment should be
inflicted on the officer. | Admission of offence. |
D. Miscellaneous |
48. Where, under the
preceding regulations, a Head of Department authorises or recommends to the
Permanent Secretary or the Director of Public Personnel proceedings against a
public officer, the Director of Public Personnel shall inform the Chairman of
the action authorised by the recommendation made and shall ensure that at each
stage of the proceedings the Chairman is kept informed. Despite any general
delegation of powers, it shall be open to the Commission, if it thinks fit, to
provide for or discontinue disciplinary proceedings against any public officer. | Commission to be kept informed of proceedings and to
have power to intervene. |
49. Where any public
officer is absent from duty without leave or reasonable cause for a period
exceeding seven days and the officer cannot be found within a period of
fourteen days of commencement of such absence, or, if found, no reply to a
charge of absence without leave is received from him within ten days after the
despatch of the charge to him- | Absence from duty without leave. |
(a) in the case
of a public officer in respect of whom disciplinary control has been delegated,
the empowered officer may summarily dismiss him; |
(b) in
any other case, the Head of Department shall report the matter to the Permanent
Secretary, who shall refer the matter to the Director of Public Personnel and
the Director of Public Personnel shall inform the Chairman; and the Commission
shall make its recommendation to the Governor-General thereon. |
50. (1) If a Head of
Department is of the opinion that an annual increment in salary of a public
officer holding a post in his department should be deferred or withheld on the
ground of unsatisfactory service during the previous year, or for failure to
pass a prescribed examination, he shall make a confidential report to the
Permanent Secretary giving the reasons therefor and- | Withholding and restoration of increments. |
(a) if the
officer is one in respect of whom disciplinary control has not been delegated,
the Permanent Secretary shall forward the report to the Director of Public
Personnel with his own recommendation thereon and the Director of Public
Personnel shall forward the same together with his recommendation to the
Chairman and the Commission shall make a recommendation to the Governor-General
on the matter; |
(b) if the
officer is one in respect of whom disciplinary control has been delegated, the
empowered officer shall act as he thinks fit. |
(2) If a Head of
Department is of the opinion that an annual increment in salary of a public
officer which has been deferred or withheld should be granted, he shall make a
confidential report to the Permanent Secretary giving the reasons therefor and- |
(a) if the
officer is one in respect of whom disciplinary control has not been delegated,
the Permanent Secretary shall forward the report to the Director of Public
Personnel with his own recommendation thereon and the Director of Public
Personnel shall forward the same together with his recommendation to the Chairman
and the Commission shall make a recommendation to the Governor-General on the
matter; |
(b) if the
officer is one in respect of whom disciplinary control has been delegated, the
empowered officer shall act as he thinks fit. |
(3) Where the
award of the increment has been deferred, the increment may be granted as from
the incremental date in which case the arrears of salary due may be paid to the
officer concerned. |
(4) Where the
increment has been withheld for a period of less than one year, the officer
concerned shall be entitled to draw the increased salary as from the day
following the close of the period for which the increment has been withheld and
shall be eligible for a further increment on the next incremental date. |
(5) Where the
increment has been withheld for a year, the officer concerned shall be eligible
for one increment and no more on the next incremental date. |
51. Where, in these
Regulations, a Head of Department is required to report to, or bring a matter
to the notice of, the Permanent Secretary for transmission to another person or
authority, then in the case of a Department which is not supervised by a
Permanent Secretary, the Head of Department shall report to, refer or bring the
matter direct to the notice of the person of authority to whom the Permanent
Secretary is required by the particular regulation to report, refer or give
notice. | Procedure when Department not supervised by Permanent
Secretary. |
[i]
Originally made under section 100(10)
of the Constitution of the Commonwealth of the Bahama Islands contained in the
Schedule to the Bahama Islands (Constitution) Order, 1969 ( 1969 No. 950).
[ii]
Originally made under section 101 of
the Constitution of the Commonwealth of the Bahama Islands contained in the
Schedule to the Bahama Islands (Constitution) Order, 1969 ( 1969 No. 950).
[iii]
Originally
made under section 109(4) of the Constitution of the Commonwealth of the Bahama
Islands contained in the Schedule to the Bahama Islands (Constitution) Order.
1969 (1969 No. 950).
[iv]
Originally made under section 109
of the Constitution of the Commonwealth of the Bahama Islands contained in the
Schedule to the Bahama Islands (Constitution) Order, 1969 ( 1969 No. 950).
[v]
Originally made under section 109
of the Constitution of the Commonwealth of the Bahama Islands contained in the
Schedule to the Bahama Islands (Constitution) Order, 1969 (1969 No. 950).
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