Official text · word for word
86. Public Service Board of Appeal
(1) There shall be for Saint Christopher and Nevis a Public Service Board of Appeal (hereinafter in this section referred to as the Board) which shall consist of:
(a) one member appointed by the Governor-General, who shall be chairperson;
(b) one member appointed by the Governor-General, acting in accordance with the advice of the Prime Minister; and
(c) one member appointed by the Governor-General, who shall, when there is an appropriate representative body, act in accordance with the recommendation of that body.
(2) A person shall not be qualified for appointment as a member of the Board if he or she is a member of the National Assembly and a person shall not be qualified for appointment under subsection (1)(c) unless he or she is or has at any time been a public officer.
(3) Subject to the provisions of this section, the office of a member of the Board shall become vacant
(a) at the expiration of three years from the date of his or her appointment; or
(b) if any circumstances arise that, if he or she were not a member of the Board, would cause him or her to be disqualified to be appointed as such under subsection (2).
(4) A member of the Board may be removed from office only for inability to exercise the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.
(5) A member of the Board shall be removed from office by the Governor-General, if the question of his or her removal from office has been referred to a tribunal appointed under subsection (6) and the tribunal has recommended to the Governor-General that he or she ought to be removed from office for inability as aforesaid or for misbehaviour.
(6) If the Governor-General considers that the question of removing a member of the Board under this section ought to be investigated, then
(a) the Governor-General shall appoint a tribunal which shall consist of a chairperson and not less than two other members, selected by the Chief Justice from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and
(b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor- General and recommend to him or her whether the member ought to be removed under this section.
(7) If the question of removing a member of the Board has been referred to a tribunal under this section, the Governor-General may suspend that member from the exercise of the functions of his or her office and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the tribunal recommends to the Governor-General that that member should not be removed.
(8) (a) If at any time any member of the Board is for any reason unable to exercise the functions of his or her office, the Governor-General may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall, subject to subsection (4), continue to act until the holder of the office has resumed his or her functions or until his or her appointment to act has been revoked by the Governor-General. (b) Where the member of the Board unable to exercise the functions of his or her office was appointed under paragraph (b) of subsection (1), the Governor-General shall act in accordance with the advice of the Prime Minister and where he or she was appointed under paragraph (c) of that subsection the Governor-General shall, when there is an appropriate representative body, act in accordance with the recommendation of that body in exercise of the powers conferred by this subsection.
(9) The Board shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.
(10) In this section “appropriate representative body” means a body designated under section 77(14).
(11) In the exercise of the powers conferred upon him or her by this section the Governor-General shall, except where it is otherwise expressly provided, act in his or her own deliberate judgment.