The Turks and Caicos Islands Constitution Order 2006

Public Service Commission

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

(2) Of the members of the Public Service Commission—

(a) the Chairman shall be appointed by the Governor, acting in his or her discretion;

(b) one member shall be appointed by the Governor, acting in accordance with the advice of the Premier;

(c) one member shall be appointed by the Governor, acting after consultation with the Premier;

(d) one member shall be appointed by the Governor, acting in accordance with the advice of the Leader of the Opposition;

(e) 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 one year 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 or she is a public officer or if he or she is or has been within the preceding three years—

(a) an elected or appointed member of the House of Assembly; 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 or she was appointed;

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

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

(d) if the Governor, acting in his or her discretion, directs that he or she shall be removed from office for inability to discharge the functions of his or her office (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 of that office is for any reason unable to perform the functions of that office, such one of the other members of the Public Service Commission as the Governor, acting in his or her 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 of that office is acting as the Chairman or is for any other reason unable to perform the functions of his or her office, the Governor, acting in the manner prescribed by subsection (2) 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), continue so to act until he or she is notified by the Governor, acting in his or her discretion, that the circumstances giving rise to the appointment have ceased to exist.

(8) No business shall be transacted at any meeting of the Public Service Commission if there are less than four members of the Commission present.

(9) Any question proposed for decision at any meeting of the Public Service Commission shall be determined by a majority of the votes of the members present and voting; and if on any question the votes are equally divided the Chairman shall have and exercise a casting vote.

(10) The Public Service Commission shall be served by a secretariat, the members of which shall be public officers.

(11) In the exercise of its functions the Public Service Commission shall not be subject to the direction or control of any other person or authority.