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The Turks and Caicos Islands Constitution Order 1988

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Public Service Commission.

57.—(1) There shall be a Public Service Commission for the Turks and Caicos Islands, which shall consist of a Chairman and two other members.

(2) Of the members of the Public Service Commission, the Chairman shall be appointed by the Governor acting in his discretion, one member shall be appointed by the Governor acting after consultation with the Chief Minister, and one member shall be appointed by the Governor acting after consultation with the Leader of the Opposition.

(3) The members of the Public Service Commission shall be appointed by instrument under the public seal for such period, not being less than two nor more than four years, as may be specified in their respective instruments of appointment.

(4) No person shall be qualified to be appointed as a member of the Public Service Commission if he is a public officer or if he is or has been within the preceding three years—

(a)an elected or appointed member of the Legislative Council; or

(b)the holder of any office in any political party.

(5) The office of a member of the Public Service Commission shall become vacant—

(a)at the expiration of the period specified in the instrument by which he was appointed;

(b)if he resigns his office by writing under his hand addressed to the Governor;

(c)if he becomes an elected or appointed member of the Legislative Council, the holder of any office in any political party, or a public officer; or

(d)if the Governor, acting in his discretion, directs that he shall be removed from office for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

(6) Whenever the office of the Chairman of the Public Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, such one of the other members of the Public Service Commission as the Governor, acting in his discretion, may appoint shall act in the office of the Chairman.

(7) If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder thereof is acting as the Chairman or is for any other reason unable to perform the functions of his office, the Governor, acting in the manner prescribed by subsection (2) of this section for the appointment of that member, may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission; and any person so appointed shall, subject to subsection (5) of this section, continue so to act until he is notified by the Governor, acting in his discretion, that the circumstances giving rise to the appointment have ceased to exist.

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