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The St Helena, Ascension and Tristan da Cunha Constitution Order 2009

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PART 7PUBLIC SERVICE

Appointment etc of officers of St Helena Public Service

95.—(1) Subject to this Constitution, the Governor, acting in his or her discretion but after consultation with such persons or such independent authority (if any) as may be prescribed by Ordinance, may, in Her Majesty’s name and on Her Majesty’s behalf—

(a)make appointments to any office in the St Helena Public Service; and

(b)remove and exercise disciplinary control over persons holding or acting in any such office.

(2) The Governor, acting in his or her discretion, may by directions in writing delegate the power conferred on him or her by subsection (1) to any officer or officers of the St Helena Public Service to such extent, and subject to such conditions, as may be specified in the directions.

(3) Subject to this Constitution, an Ordinance may provide for the establishment of an independent authority to exercise any of the following functions—

(a)advising the Governor about procedures for the exercise of the powers referred to in subsection (1), including recruitment, grievance and appeal procedures;

(b)advising the Governor on public service management, performance, conduct and ethics policies, and monitoring the implementation of such policies;

(c)carrying out annual reviews of the procedures and policies referred to in paragraphs (a) and (b), and reporting on such reviews to the Governor; and

(d)such other functions as may contribute to the efficiency and integrity of the St Helena Public Service.

Terms and conditions of employment

96.—(1) The Governor, acting in his or her discretion, shall approve (and may from time to time amend) a Code of Management by or under which the terms and conditions of employment of officers of the St Helena Public Service, or any branch of it, shall be determined.

(2) Subject to any such Code of Management, the terms and conditions of the employment of an individual officer of the St Helena Public Service shall be as agreed in that officer’s contract of employment or implied by any rule of law.

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