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Article 85 Particular offices

Original text. Later amendments are not shown.

(1)

Power to make appointments to the offices of Deputy Governor and Financial Secretary is vested in the Governor, acting after consultation with the Premier, and, subject to subsection (5), power to remove or exercise disciplinary control over persons holding or acting in either office is vested in the Governor, acting in his or her discretion.

(2)

Power to make appointments to the offices of Attorney-General, Director of Public Prosecutions and Registrar of the High Court, and to any other office requiring legal qualifications as may be prescribed by law, and, subject to subsection (5), to remove or exercise disciplinary control over any person holding or acting in any such office, is vested in the Governor, acting after consultation with the Chief Justice.

(3)

If any law provides for the Public Service Commission to provide advice to the Governor in the exercise of his or her powers under subsections (1) and (2), the Governor shall act otherwise than in accordance with the advice of the Public Service Commission if the Governor, acting in his or her discretion, determines that compliance with that advice would prejudice Her Majesty’s service.

(4)

Power to make appointments to the office of Commissioner of Police, and to remove or exercise disciplinary control over any person holding or acting in that office, is vested in the Governor, acting after consultation with the Premier.

(5)

A person holding the office of Deputy Governor, Attorney-General, Financial Secretary or Director of Public Prosecutions may be removed from office only 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, and with the prior approval of a Secretary of State.