{
  "url": "https://openlegislation.uk/st-helena-ascension-and-tristan-da-cunha-constitution-order-2009/schedule/paragraph-162",
  "json_url": "https://openlegislation.uk/st-helena-ascension-and-tristan-da-cunha-constitution-order-2009/schedule/paragraph-162.json",
  "legislation": "uksi/2009/1751",
  "legislation_title": "The St Helena, Ascension and Tristan da Cunha Constitution Order 2009",
  "legislation_url": "https://openlegislation.uk/st-helena-ascension-and-tristan-da-cunha-constitution-order-2009",
  "path": "schedule/paragraph/162",
  "kind": "paragraph",
  "number": "162",
  "heading": "Ascension Judicial Service Commission",
  "text": "(1) There shall be an Ascension Judicial Service Commission (“the Commission”), which shall consist of—\n(a) the Chief Justice, who shall preside;\n(b) the Attorney General;\n(c) the Public Solicitor, if a person for the time being holds that office; and\n(d) a person who is neither a member of the Island Council, an officer of the Ascension Public Service, a judge or a judicial officer, appointed by the Governor for a term of one year.\n(2) The office of the member of the Commission appointed under subsection (1)(d) shall become vacant if—\n(a) he or she becomes an officer of the Ascension Public Service, accepts appointment as a judge or a judicial officer, or becomes a member of the Island Council;\n(b) he or she resigns from office by writing under his or her hand addressed to the Governor; or\n(c) the Governor, being satisfied that the member should be removed from office on the ground of inability to discharge the functions of the office (whether arising from infirmity of body or mind or from any other cause) or misbehaviour, removes that member from office.\n(3) The Governor may suspend the member from office while his or her removal from office on a ground referred to in subsection (2)(c) is under investigation.\n(4) No business shall be transacted by the Commission unless—\n(a) all members are present at a meeting in Ascension or elsewhere; or\n(b) if they are in different places, all members are able to communicate with one another about that business in ways that they agree are appropriate in the circumstances.\n(5) All questions before the Commission shall be decided by a majority of the votes of its members; and if, on any question, the votes are equally divided, the Chief Justice shall have and exercise a casting vote.\n(6) The Commission may, of its own motion or at the request of the Island Council or of an organisation that is representative of judicial officers—\n(a) make recommendations to the Governor on the appointment of judicial officers;\n(b) consider and, if it so decides, make recommendations to the Governor on, the removal from office of a judicial officer on a ground referred to in section 161(6); and\n(c) exercise such other functions as may be conferred on it by law.\n(7) In the exercise of its functions the Commission shall act independently and shall not be subject to the direction or control of the Governor, the Island Council or any other person or authority.\n(8) No member of the Commission shall be personally liable for the consequences of any act done or omitted by the Commission in good faith in pursuance or intended pursuance of the Commission’s functions; and if any such liability is established, it shall be that of the Crown.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1751/schedule/paragraph/162",
    "retrieved_at": "2026-10-29T03:09:37.810912+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}