Paragraph 90 Appointment, discipline and removal of public officers

United Kingdom

(1)

Power to make appointments to public offices except the office of any permanent secretary or head of department is vested in the Governor, acting in accordance with the advice of the Public Service Commission; but the Governor may act otherwise than in accordance with that advice—

(a)

if the Governor determines, acting in his or her discretion, that compliance with that advice would be inconsistent with the Statement of Governance Principles for the time being in effect; or

(b)

if so instructed by Her Majesty through a Secretary of State.

(2)

Power to remove or exercise disciplinary control over persons holding or acting in any public office except the office of permanent secretary or head of department is vested in the Governor, acting in his or her discretion.

(3)

Power to make appointments to the office of any permanent secretary or head of department is vested in the Governor, acting after consultation with the Public Service Commission.

(4)

Power to remove or exercise disciplinary control over persons holding or acting in the office of any permanent secretary or head of department is vested in the Governor, acting in his or her discretion.

(5)

The Governor, acting in his or her discretion, may, by regulations published in the Gazette—

(a)

delegate any of the powers vested in the Governor by subsection (1) to the Deputy Governor or to any permanent secretary;

(b)

delegate any of the powers vested in the Governor by subsection (2) to the Deputy Governor, to any permanent secretary or to any head of department; and

(c)

delegate any of the powers vested in the Governor by subsection (3) or (4) to the Deputy Governor,

to such extent and subject to such conditions as may be prescribed in the regulations.

(6)

Where a public officer is the subject of a removal or disciplinary decision, that officer may appeal the decision to the Public Service Commission.

(7)

On receiving any appeal under subsection (6), the Public Service Commission shall review the matter and report to the Governor with such recommendations as it thinks fit, and the Governor, acting in his or her discretion, shall finally determine the case.

(8)

This section shall not apply to—

(a)

any office to which section 91 applies;

(b)

any office mentioned in section 87; or

(c)

any office in the Police Force.

Notes on Schedule 2

Commencement

I1: Sch. 2 in force at 15.10.2012, see art. 1(2)

Notes on Part VI

Textual amendments

F1: Words in Sch. 2 Pt. 6 heading inserted (coming into force in accordance with art. 1(3) of the amending S.I.) by The Turks and Caicos Islands Constitution (Amendment) Order 2024 (S.I. 2024/1128), art. 23(4) (with art. 4)