Article 101 Auditor-General
There shall be an Auditor-General for Montserrat.
Power to make appointments to the office of Auditor-General is vested in the Governor, acting after consultation with the Public Accounts Committee of the Legislative Assembly.
Power to remove the Auditor-General from office is vested in the Governor, acting in accordance with subsections (4) to (6).
The Governor shall remove the Auditor-General from office if—
the Auditor-General violates any law concerning the ethics of public leaders; or
the Auditor-General becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors, or otherwise makes an assignment of remuneration for the benefit of creditors.
If the Legislative Assembly in a resolution addressed to the Governor resolves that the Auditor-General is unable to perform the functions of his or her office due to misconduct, incapacity or incompetence—
the Governor shall appoint a special tribunal which shall consist of a Chairman and not less than two other members; but the Chairman and at least half of the other members shall be persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in any part of the Commonwealth or Ireland or a court having jurisdiction in appeals from such a court;
the special tribunal shall inquire into the matter and report on the facts thereof to the Governor and recommend whether or not the Auditor-General should be removed from office.
If the special tribunal appointed in accordance with subsection (5) recommends to the Governor that the Auditor-General should be removed from office then the Governor shall remove him or her from office.
If the question of removing the Auditor-General from office has been referred to a special tribunal under subsection (5), the Governor, acting in his or her discretion, may suspend the Auditor-General from the exercise of the functions of that office and such suspension shall cease to have effect if the special tribunal recommends to the Governor that the Auditor-General should not be removed.
The Auditor-General may resign his or her office by writing under his or her hand addressed to the Governor.