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

PART 7 PUBLIC SERVICE

Appointments etc of officers of Tristan da Cunha Public Service

226.—(1) Subject to this Constitution, the Governor, acting 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 Tristan da Cunha Public Service; and

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

(2) The Governor may by directions in writing delegate the power conferred on him or her by subsection (1) to any officer or officers of the Tristan da Cunha 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 Tristan da Cunha Public Service.

Terms and conditions of employment

227.—(1) The Governor 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 Tristan da Cunha 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 any individual officer of the Tristan da Cunha Public Service shall be as agreed in that officer’s contract of employment or implied by any rule of law.