Official text · word for word
(Section 87(5))
PUBLIC SERVICE BOARD OF APPEAL REGULATIONS
1. Citation.
These Regulations may be cited as the Public Service Board of Appeal Regulations,
2. Interpretation.
In these Regulations, “appellant” means the person bringing an appeal under subsection (2) of section 87 of the Constitution; “Board” means the Public Service Board of Appeal established under subsection (1) of section 86 of the Constitution; “respondent” means, as the case may be,
(a) the Public Service Commission established under subsection (1) of section 77 of the Constitution; or
(b) the Police Service Commission established under subsection (1) of section 84 of the Constitution, and includes any person to whom their respective powers have been delegated;
“secretary” means the secretary to the Board.
3. Meetings and procedure of Board.
(1) The Board shall meet whenever it may be necessary for the performance of its functions.
(2) A meeting shall be held on such day and at such time and place as the Chairperson may determine.
(3) The Chairperson shall preside at a meeting of the Board.
4. Secretary.
(1) The Board shall appoint a secretary.
(2) The secretary shall keep proper records of all proceedings before the Board.
(3) The secretary shall, not less than seven days before the date fixed for a meeting of the Board, inform the appellant and the respondent in writing.
5. Notice of appeal.
(1) Every appeal to the Board shall be brought by a notice signed by the appellant in the form set out in the Schedule to these Regulations.
(2) A notice under paragraph (1) shall
(a) set out the grounds of appeal concisely and under distinct heads and without any argument or narrative;
(b) state whether the appeal is against the whole or part only of the decision of the respondent and where it is against part only, specify which part; and
(c) state the nature of the relief sought.
(3) Particulars of any misdirection or error in law alleged in the grounds of appeal shall be clearly stated.
(4) A ground which is vague or general in terms or which discloses no reasonable grounds of appeal shall not be permitted, save the general ground that the decision was against the weight of the evidence.
6. Time for appeal.
A notice of appeal shall be filed with the secretary within fourteen days of the date when the decision of the respondent was communicated in writing to the appellant, or within such further time as the Board shall allow on application by the appellant within one month of such date.
7. Service for notice of appeal.
A copy of the notice of appeal shall be served upon the respondent by the secretary within seven days after it has been filed.
8. Record to be filed with Secretary.
Within three weeks of the service under regulation 7 of a copy of the notice of appeal by the appellant, the respondent shall file with the secretary three copies of the record of the disciplinary proceedings brought against the appellant and shall send one copy thereof to the appellant.
9. Procedure on withdrawing appeal.
An appellant who desires to withdraw his or her appeal shall serve on the secretary and the respondent a notice of withdrawal.
10. Entitlement to be represented.
An appellant shall, with the approval of the Board, be entitled on an appeal to be represented by
(a) a legal representative;
(b) an officer of the service of which he or she is a member; or
(c) a member of his or her staff association,
of his or her own choice.
11. Hearing.
(1) A ground of appeal not permitted under paragraph (4) of regulation 5 may be struck out by the Board at the hearing either on its own motion or on application by the respondent.
(2) An appellant shall not, without the leave of the Board, be heard at the hearing in support of any ground of appeal not included in the notice of appeal, but the Board may allow an appellant to amend his or her grounds of appeal upon such conditions as it considers the justice of the case demands.
(3) Notwithstanding the provisions of paragraph (2), the Board in deciding the appeal shall not be confined to the grounds of appeal: Provided that it shall not make its decision on any such other ground without giving the respondent the opportunity of being heard.
12. Board may require production of exhibit.
The Board may at any time require the production of any document or thing which in its opinion is relevant to an appeal.
13. Power of Board to dismiss an appeal.
(1) The Board may dismiss an appeal where the appellant, having been invited to do so by the Board, fails to appear at the hearing.
(2) An appellant whose appeal is dismissed under paragraph (1) may in writing, not more than twenty-one days from the date of the dismissal of his or her appeal, apply for the restoration of his or her appeal.
(3) Where an application is made under paragraph (2), the Board may, if it is satisfied that the justice of the case so demands, order that the appeal be restored on such terms as it thinks fit.
14. Procedure where respondent fails to appear.
(1) Where the respondent, having been invited to do so by the Board, fails to appear at the hearing of an appeal, the Board may proceed to hear the matter in its absence.
(2) Where an appeal is heard in its absence the respondent may, not more than twenty-one days from the date of the decision of his or her appeal, apply in writing to the Board to set aside its decision.
(3) Where an application is made under paragraph (2), the Board may, if it is satisfied that the justice of the case so demands, set aside its decision and hear the appeal de novo.
15. Procedure on termination of appeal.
On the termination of an appeal the Board shall transmit a copy of the proceedings together with its decision to the respondent. ———————
SCHEDULE TO THE REGULATIONS
(Regulation 5)
FORM OF NOTICE OF APPEAL
BEFORE THE PUBLIC SERVICE BOARD OF APPEAL
NOTICE OF APPEAL
Appeal No. ................. of 20 ........... BETWEEN ............................................... Appellant ........................................................ Respondent 1. TAKE NOTICE that the appellant being dissatisfied with the decision or part thereof of the Governor-General/person to whom powers were delegated under this Constitution given on the .................................... day of ..................................................... , 20 ............... and more particularly stated in paragraph 2 hereby appeals against such decision or part thereof to the Public Service Board of Appeal on the grounds set forth in paragraph 3 and will at the hearing of the appeal seek the relief set out in paragraph 4. 2. ................................................................................................................................................. .............................................................................................................................................................. .............................................................................................................................................................. .............................................................................................................................................................. (insert here the decision or the part thereof against which the notice of appeal is filed). 3. My grounds of appeal are:
(a) ....................................................................................................................................... .......................................................................................................................................
(b) ....................................................................................................................................... .......................................................................................................................................
(c) ....................................................................................................................................... ....................................................................................................................................... 4. ................................................................................................................................................. .............................................................................................................................................................. .............................................................................................................................................................. (insert here the relief sought from the Public Service Board of Appeal). Dated this .......................... day of ................................................. , 20 ............. ............................................................. Appellant Made this .......................... day of ................................................. , 20 ............. Chairperson, Public Service Board of Appeal
SCHEDULE 10 TO THE CONSTITUTION
(Section 110(3))
SAINT CHRISTOPHER AND NEVIS (REVENUE ALLOCATION) RULES
1. Short title.
These Rules may be cited as the Saint Christopher and Nevis (Revenue Allocation) Rules
2. Allocation of Revenue.
The proceeds of all taxes collected in Saint Christopher and Nevis under any law shall be shared between the Government of Saint Christopher and Nevis and the Administration of Nevis in the manner appearing hereunder and the following provisions shall apply in respect of common services and debt servicing.
ANNUAL CALCULATION OF DISTRIBUTION OF REVENUE BETWEEN
THE CENTRAL GOVERNMENT AND THE NEVIS ISLAND ADMINISTRATION
(a) Gross Revenue collected in St. Kitts $
(b) Less Philatelic Bureau $ =
(c) Gross Revenue collected in Nevis $
(d) Less Philatelic Bureau $ =
(e) Total Gross Revenue =
(f) Gross Portion to Nevis Island Administration (Proportion of population percentage) of (f) $
(g) Less Common Services payments on behalf of Nevis (Schedule I) $
(h) Less Debt service payments on behalf of Nevis (Schedule II) $ $ $
(i) Net portion to Nevis Island Administration = $
(j) Amount actually payable to Nevis Island Administration by Central Government = (k) – (c) = $ Note: if (c) is more than (k) then the Nevis Island Administration will pay the Central Government the difference.
SCHEDULE I TO THE RULES
COST OF COMMON SERVICES FOR NEVIS ISLAND ADMINISTRATION
ITEM PERCENTAGE
Governor-General 10 Parliament Proportion of population Defence Proportion of population Foreign Affairs Proportion of population Regional & Foreign Contributions Proportion of population Telephone Proportion of population Radio and T.V. Proportion of population Government Printery Proportion of population Passenger Vessel Proportion of population Technical College 10 Teachers College 30 Total
SCHEDULE II TO THE RULES
COST OF SERVICING LOANS
outstanding at 19th September, 1983 by Nevis Island Administration
NAME OF LOAN PERCENTAGE
J. N. France Hospital 5 Miscellaneous Development Project 5 Telephone Department Proportion of population 20m Special Development 1990/95 Proportion of population Golden Rock Airport 5 Deep Water Port 5 Note: All other loans will be serviced according to where (that is on which island) the loan funds were or are spent.
SCHEDULE 2 TO THE CONSTITUTION ORDER
TRANSITIONAL PROVISIONS
1. Discharge of Governor-General’s functions.
Until such time as a person has assumed office as Governor-General having been appointed as such in accordance with section 21 of the Constitution, the person who immediately before 19th September 1983 held office as Governor of Saint Christopher and Nevis (or, if there is no such person, the person who was then acting as Governor) shall discharge the functions of the office of Governor-General.
2. Existing laws.
(1) The existing laws shall, as from 19th September 1983, be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution and the Supreme Court Order.
(2) Any existing law enacted by any legislature with power to make laws at any time before 19th September 1983 shall have effect as from that date as if it were a law enacted by Parliament: Provided that any such law, to the extent that it relates to a specified matter, shall have effect in the island of Nevis as from that date as if it were a law enacted by the Nevis Island Legislature.
(3) Any existing law made by the Council for Nevis shall have effect in the island of Nevis as from 19th September 1983 as if it were a law enacted by the Nevis Island Legislature.
(4) Where any matter that falls to be prescribed or otherwise provided for under the Constitution by the legislature or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this paragraph), that prescription or provision shall, as from 19th September 1983, have effect (with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the Constitution and the Supreme Court Order) as if it has been made under the Constitution by the legislature or, as the case may require, by the other authority or person.
(5) The Governor-General may by order made at any time before 19th September 1984 make such alterations to any existing law as may appear to him or her to be necessary or expedient for bringing that law into conformity with the provisions of the Constitution and the Supreme Court Order or otherwise for giving effect or enabling effect to be given to those provisions.
(6) The provisions of this paragraph shall be without prejudice to any powers conferred by the Constitution or by any other law upon any person or authority to make provision for any matter, including the alteration of any existing law.
(7) For the purposes of this paragraph the expression “existing law” means any Act, Ordinance, rule, regulation, order or other instrument made in pursuance of or continued in force by or under the former Constitution and having effect as law immediately before 19th September 1983 and includes any Act of the Parliament of the United Kingdom or Order in Council or other instrument made under any such Act (except this Order and the Supreme Court Order) and any order made under section 4(2) of this Order to the extent that it so had effect on that date.
3. Parliament.
(1) Until the next dissolution of Parliament, the number of constituencies into which Saint Christopher and Nevis is divided, and their respective boundaries, shall, for the purpose of the election of Representatives, be the same as those of the constituencies into which Saint Christopher and Nevis was divided immediately before 19th September 1983 for the purpose of the election of members of the House of Assembly under the former Constitution; and that number and those boundaries shall be deemed to have been established under section 50 of the Constitution.
(2) The persons who immediately before 19th September 1983 were elected members of the House of Assembly under the former Constitution shall, as from that date, be deemed to have been elected as Representatives in pursuance of the provisions of section 29 of the Constitution in the respective constituencies corresponding to the constituencies by which they were returned to the House of Assembly and shall hold their seats in the National Assembly in accordance with the provisions of the Constitution.
(3) The persons who, immediately before 19th September 1983, were nominated members of the House of Assembly under the former Constitution, shall, as from that date, be deemed to have been appointed Senators in pursuance of section 30 of the Constitution and shall hold their seats in the National Assembly in accordance with the provisions of the Constitution.
(4) The persons who, immediately before 19th September 1983, were respectively the Speaker and Deputy Speaker of the House of Assembly shall as from that date, be deemed to have been elected as Speaker and Deputy in accordance with the provisions of the Constitution and shall hold office in accordance with those provisions.
(5) Until Parliament otherwise provides, any person who holds or acts in any office the holding of which would, immediately before 19th September 1983 have disqualified him or her for membership of the House of Assembly under the former Constitution shall be disqualified to be elected as a Representative or appointed as a Senator as though provision in that behalf had been made in pursuance of section 28 of the Constitution.
(6) The rules of procedure of the House of Assembly as in force immediately before 19th September 1983 under the former Constitution shall, until it is otherwise provided under section 44(1) of the Constitution, be the rules of procedure of the National Assembly, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
(7) For the purposes of section 47 of the Constitution, the first sitting of Parliament shall be deemed to have taken place (after a dissolution) on 19th March 1980 (that is to say, the date on which the Legislature established by the former Constitution first sat after its most recent dissolution).
(8) Any person who, by virtue of this paragraph, is deemed as from 19th September 1983 to hold any seat or office in the National Assembly shall be deemed to have taken and subscribed any necessary oath under the Constitution.
(9) For the purposes of section 50 of the Constitution, the Constituencies Boundaries Commission shall be deemed to have carried out a review of the number and boundaries of the constituencies and to have submitted the relevant report thereon on 9th May 1979.
(10) For the purposes of section 27 of the Constitution (which prescribes the qualifications for Representatives and Senators) a person who was born in Anguilla before 19th December 1980 shall be regarded as having been born in Saint Christopher and Nevis.
4. Ministers and Parliamentary Secretaries.
(1) The person who immediately before 19th September 1983 held the office of Premier under the former Constitution shall, as from that date, hold office as Prime Minister as if he or she had been appointed thereto under section 52 of the Constitution.
(2) The persons who immediately before 19th September 1983 held office as Ministers (other than the Premier) or as Parliamentary Secretaries under the former Constitution shall, as from that date, hold the like offices as if they had been appointed thereto under section 52 or, as the case may be, section 59 of the Constitution.
(3) Any person holding the office of Prime Minister or other Minister by virtue of the provisions of sub- paragraphs (1) and (2) who immediately before 19th September 1983 was charged under the former Constitution with responsibility for any matter or any department of the Government, shall, as from that date, be deemed to have been assigned responsibility for that matter or department under section 54 of the Constitution.
5. Office of Attorney-General.
Until Parliament or, subject to the provisions of any law enacted by Parliament, the Governor-General, acting in accordance with the advice of the Prime Minister, otherwise provides, the office of Attorney-General shall be a public office.
6. Existing public officers.
Subject to the provisions of the Constitution, every person who immediately before 19th September 1983 held or was acting in a public office under the former Constitution shall, as from that date, continue to hold or act in that office or the corresponding office established by the Constitution as if he or she had been appointed thereto in accordance with the provisions of the Constitution: Provided that any person who under the former Constitution or any other law in force on that date would have been required to vacate his or her office at the expiration of any period shall vacate his or her office at the expiration of that period.
7. Supreme Court Order.
(1) The West Indies Associated States Supreme Court Order 1967 (a), so far as it has effect as a law, may be cited as the Supreme Court Order and for the purposes of the Order or any other law
(a) the Supreme Court established by the Order shall, unless Parliament otherwise provides, be styled the Eastern Caribbean Supreme Court;
(b) references in the Order to the Premier of Saint Christopher and Nevis or to the Premier of any other State shall be construed as references to the Prime Minister of Saint Christopher and Nevis or, as the case may be, to the Prime Minister of that other State; and
(c) the Order shall have effect as if
(i) in sections 2(1) and 18(2) references to Antigua were references to Antigua and Barbuda, references to Grenada were deleted, references to Saint Christopher, Nevis and Anguilla were references to Saint Christopher and Nevis and references to Saint Vincent were references to Saint Vincent and the Grenadines; and
(ii) in sections 10 and 15 the word “Anguilla,” were inserted before the word “Montserrat” wherever it occurs.
(2) The powers conferred on the Governor-General by paragraph 2(5) shall include power to make alterations to the Supreme Court Order in order to give effect to any such agreement as is referred to in section 38(4)(b) of the Constitution.
8. Appeals Order.
The West Indies Associated States (Appeals to Privy Council) Order 1967 (b) may, in its application to Saint Christopher and Nevis, be cited as the Saint Christopher and Nevis Appeals to Privy Council Order and shall, to the extent that it has effect as a law, have effect as if the expression “Courts Order” included any law altering the Supreme Court Order and as if section 3 were revoked.
9. Protection from inhuman treatment.
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 7 of the Constitution to the extent that the law in question authorises the infliction of any (a)
S.I. 1967/223.
(b)
S.I. 1967/224.
description of punishment that was lawful immediately before 27th February 1967 (being the date on which Saint Christopher, Nevis and Anguilla became an associated state).
10. Protection from deprivation of property.
(1) Nothing in section 8 of the Constitution (which deals with protection from deprivation of property) shall affect the operation of any property law that was in force immediately before 27th February 1967 or any law made on or after that date that alters a law that was in force immediately before that date and does not
(a) add to the kinds of property that may be taken possession of or the rights over and interests in property that may be acquired;
(b) make the conditions governing entitlement to compensation or the amount thereof less favourable to any person owning or having an interest in the property; or
(c) deprive any person of such right as is mentioned in subsection (2) of that section.
(2) In section 8(6) of the Constitution the reference to moneys provided by Parliament includes a reference to moneys provided by any legislature having power to make laws at any time before 19th September 1983.
(3) Nothing in section 8 of the Constitution shall be deemed to apply in relation to anything done, or in relation to any compensation payable in respect of anything done, while section 6 of the former Constitution was in force, or to affect any right or liability that accrued to any person by virtue of section 6 of the former Constitution or any such law as is referred to in that section.
11. Commonwealth citizen.
Until such time as Parliament otherwise prescribes, the expression “Commonwealth citizen” shall have the meaning assigned to it by the British Nationality Act 1981.
12. Nevis Island Assembly and Administration.
(1) For the purposes of section 101(1) of the Constitution the island of Nevis shall initially be divided into five electoral districts, sections 49 and 50 of the Constitution shall apply in relation to the first delimitation of the boundaries of those electoral districts as they apply in relation to the alteration of the boundaries of electoral districts by virtue of subsection (1) of section 104 of the Constitution but without the modifications specified in paragraphs
(a) and (d) of that subsection and the proclamation made for the purposes of the first delimitation of those boundaries shall come into force as soon as it is published.
(2) No person shall be disqualified for election as an elected member, or appointment as a nominated member, of the Nevis Island Assembly by reason only that he or she is a member of the Nevis Island Council at the date of his or her election or appointment.
(3) The first meeting of the Nevis Island Assembly shall be deemed, for the purposes of section 45, as applied with modifications by section 104, of the Constitution, to be its first meeting after a dissolution.
(4) The Council for Nevis shall continue in being until the Nevis Island Assembly first meets and shall then stand dissolved, whereupon all rights and liabilities of the Council shall vest in the Crown in right of the Nevis Island Administration.
(5) Such of the rights and liabilities of the Crown relating to the public debt of Saint Christopher and Nevis immediately before 19th September 1983 as may be prescribed by the Governor-General shall vest in the Crown in right of the Nevis Island Administration.
(6) Subject to paragraph (5), all rights and liabilities of the Crown in right of the Government of Saint Christopher and Nevis immediately before 19th September 1983 under the former Constitution relating to the specified matters shall vest in the Crown in right of the Nevis Island Administration; and any question whether any such right or liability has so vested may be determined by the Governor-General.
(7) The rules of procedure of the House of Assembly as in force immediately before 19th September 1983 under the former Constitution shall, until it is otherwise provided under section 44(1), as applied with modifications by section 104, of the Constitution, be the rules of procedure of the Nevis Island Assembly, but they shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the Constitution.
(8) The powers of the Governor-General under this paragraph shall be exercised by him or her on the advice of the Prime Minister but no such advice shall be given without the concurrence of the Premier.
13. Interpretation.
(1) In this schedule, “the Constitution” means the Constitution set out in schedule 1 to this Order; “the Council for Nevis” means the Council established for the island of Nevis by section 109(1) of the former Constitution; “the former Constitution” means the Constitution of Saint Christopher and Nevis as in force immediately before 19th September, 1983.
(2) The provisions of section 119 of the Constitution shall apply for the purposes of interpreting this schedule and otherwise in relation thereto as they apply for the purposes of interpreting and in relation to the Constitution.
FIFTH SCHEDULE TO THE ACT
(Section 6)
SUPREME COURT ORDER
Arrangement of Sections 1. Citation 2. Interpretation 3. Application to Saint Vincent 4. Establishment of Supreme Court 5. Appointment of judges 6. Acting judges 7. Oaths 8. Tenure of office of judges 9. Jurisdiction in the States 10. Jurisdiction in other territories 11. Remuneration, etc. of judges 12. Chief Registrar and other officers 13. Pensions of judges, Chief Registrar and other officers 14. Resignations 15. Expenses of the Court 16. Posting of Judges 17. Rules of Court 18. Establishment of Commission 19. Functions and procedure of Commission 20. Staff 21. Expenses 22. Pending proceedings 23. Existing laws, etc 24. Interim Commission 25. Terms of service of judges