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کاربران آنلاين: ۱
بازديد امروز: ۱
بازديد روز قبل: ۲۷
بازديد هفته: ۱۱۸
بازديد ماه: ۵۴۰
بازديد کل: ۶۲۸۶۰۲۴
آي پي: ۱۹۲.۱۶۸.۰.۱۸۷
قوانين اساسي کشورها > انگليسي > ۱۳۸۷/۰۶/۲۷
۴۰۰ بازدید
 
   

Barbados ۲




PART ۳ SUMMONING, PROROGATION AND DISSOLUTION ۶۰: Session of Parliament


۱. Each session of Parliament shall be held at such place and commence at such time as the Governor General may appoint.


۲. The time appointed for the commencement of any session of Parliament shall be such that a period of six months does not intervene between the end of one session and the first sitting of Parliament in the next session.


۶۱: Prorogation and dissolution of Parliament


۱. The Governor General acting in accordance with the advice of the Prime Minister, may at any time by proclamation prorogue Parliament.


۲. The Governor General, acting in accordance with the advice of the Prime Minister, may at any time by proclamation dissolve Parliament:

Provided that if the office of Prime Minister is vacant and the Governor General considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the confidence of a majority of the members of the House of Assembly, he shall dissolve Parliament.


۳. Subject to the provisions of subsection (۴), Parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution and shall then stand dissolved.


۴. At any time when Barbados is at war, Parliament may extend the period of five years specified in subsection ۸۳) for not more than twelve months at a time:

Provided that the life of Parliament shall not be extended under this subsection for more than two years.


۵. If, between a dissolution of Parliament and the next ensuing general election of members to the House of Assembly, an emergency arises of such a nature that, in the opinion of the Prime Minister, it is necessary for the two Houses or either of them to be summoned before that general election can be held, the Governor General, acting in accordance with the advice of the Prime Minister, may summon the two Houses of the preceding Parliament, and that Parliament shall thereupon be deemed (except for the purposes of section ۶۲) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election.


۶۲: General election and appointment of Senators


۱. After every dissolution of Parliament the Governor General shall issue writs for a general election of members of the House of Assembly returnable within ninety days from that dissolution.


۲. As soon as may be after every general election the Governor General shall proceed under section ۳۶ to the appointment of Senators.




CHAPTER VI

EXECUTIVE POWERS


۶۳: Executive authority of Barbados


۱. The executive authority of Barbados is vested in Her Majesty.


۲. Subject to the provisions of this Constitution, the executive authority of Barbados may be exercised on behalf of Her Majesty by the Governor General either directly or through officers subordinate to him.


۳. Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the Governor General.


۶۴: Cabinet


۱. There shall be a Cabinet for Barbados which shall consist of the Prime Minister and not less than five other Ministers appointed in accordance with the provisions of section ۶۵.


۲. The Cabinet shall be the principal instrument of policy and shall be charged with the general direction and control for the government of Barbados and shall be collectively responsible therefore to Parliament.


۶۵: Appointment of Ministers


۱. Whenever the Governor General has occasion to appoint a Prime Minister he shall, acting in his discretion, appoint the member of the House of Assembly who, in his judgment, is best able to command the confidence of a majority of the members of that House.


۲. The other Ministers shall be appointed by the Governor General, acting in accordance with the advice of the Prime Minister, from among the members of the two Houses.


۳. Subsections (۱) and (۲) shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members of the House of Assembly is held as if Parliament had not been dissolved.


۴. Appointments under this section shall be made by instrument under the Public Seal.



۶۶: Tenure of office of Ministers


۱. The office of Prime Minister shall become vacant -


a. if he ceases to be a member of the House of Assembly for any reason other than a dissolution of Parliament;


b. when, after an election of members of the House of Assembly following any dissolution of Parliament and before that House first meets thereafter, the Prime Minister is informed by the Governor General, acting in his discretion, that the Governor General is about to re-appoint him as Prime Minister or appoint another person as Prime Minister; or


c. if the Governor General revokes his appointment in accordance with the provisions of subsection (۲).


۲. If the House of Assembly a resolution which has received the affirmative vote of a majority of all the members thereof resolves that the appointment of the Prime Minister ought to be revoked and the Prime Minister does not within three days of the passing of the resolution either resign or advise the Governor General to dissolve Parliament, the Governor General shall, by instrument under the Public Seal, revoke the appointment of the Prime Minister.


۳. The office of a Minister, other than the office of Prime Minister, shall become vacant -


a. upon the appointment or re-appointment of any person to the office of Prime Minister;


b. if this appointment to his office is revoked by the Governor General, acting in accordance with the advice of the Prime Minister, by instrument under the Public Seal;


c. if, for any reason other than a dissolution of Parliament, he ceases to be a member of the House of which he was a member at the date of his appointment as a Minister; or


d. if he is not a member of either House at the date of the first sitting of Parliament after a dissolution of Parliament.


۶۷: Performance of Prime Minister"s functions in certain events


۱. Whenever the Prime Minister is unable, by reason of his illness or absence from Barbados, to perform the functions of his office, the Governor General may, by instrument under the Public Seal, authorize any other Minister who is a member of the House of Assembly to perform the functions conferred on the Prime Minister by this Constitution (other than the functions conferred by subsection (۳)).


۲. The Governor General may, by instrument under the Public Seal, revoke any authority given under this section.


۳. The powers conferred on the Governor General by this section shall be exercised by him acting in his discretion if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister"s illness or absence, and in any other case shall be exercised by the Governor General in accordance with the advice of the Prime Minister.


۶۸: Temporary Ministers


۱. Whenever a Minister other than the Prime Minister is unable, by reason of his illness or absence from Barbados, to perform the functions of his office, the Governor General may, by instrument under the Public Seal, appoint a member of the Senate or the House of Assembly to be a temporary Minister and authorize him to perform the functions of that office:

Provided that this subsection shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members of the House of Assembly is held as if Parliament had not been dissolved.


۲. Subject to the provisions of section ۶۶(۳), a temporary Minister shall hold office until he is notified by the Governor General, by instrument under the Public Seal, that the Minister on account of whose inability to perform the functions of his office he was appointed is again able to perform those functions or until that Minister vacates his office.


۳. The powers conferred on the Governor General by this section shall be exercised by him in accordance with the advice of the Prime Minister.


۶۹: Oaths to be taken by Ministers


The Prime Minister and every other Minister shall, before entering upon the duties of his office, take before the Governor General the oath of allegiance and an oath for the due execution of his office in the form set out in the First Schedule.


۷۰: Presiding in Cabinet


The Prime Minister shall, so far as is practicable, attend and preside at all meetings of the Cabinet and in his absence such other Minister shall preside as the Prime Minister shall appoint.


۷۱: Governor General to be informed concerning matters of government


The Prime Minister shall keep the Governor General fully informed concerning the general conduct of the government of Barbados and shall furnish the Governor General with such information as the Governor General, acting in his discretion may request with respect to any particular matter relating to the government of Barbados.


۷۲: Assignment of responsibilities to Ministers


۱. Subject to the provisions of this Constitution, the Governor General, acting in accordance with the advice of the Prime Minister, may, by directions in writing, assign to the Prime Minister or any other Minister responsibility for any business of the Government, including the administration of any department of the Government:


Provided that one such other Minister (who shall be styled Attorney General) shall be assigned the functions of principal legal adviser to the Government.


۲. Nothing in this section shall empower the Governor General to confer on any Minister authority to exercise any power or to discharge any duty that is conferred or imposed by this Constitution or any other law on the Governor General or any person or authority other than that Minister.


۷۳: Parliamentary Secretaries


۱. The Governor General, acting in accordance with the advice of the Prime Minister, may, by instrument under the Public Seal, appoint from among the members of the two Houses Parliamentary Secretaries to assist Ministers in the discharge or their functions:


Provided that this subsection shall have effect in relation to any period between dissolution of Parliament and the day on which the next election of members of the House of Assembly is held as if Parliament had not been dissolved.


۲. The provisions of section ۶۶(۳) and section ۶۹ shall apply to Parliamentary Secretaries as the apply to Ministers.


۷۴: Leader of the Opposition


۱. There shall be a Leader of the Opposition who shall be appointed by the Governor General by instrument under the Public Seal.


۲. Whenever the Governor General has occasion to appoint a Leader of the Opposition he shall appoint the member of the House of Assembly who, in his judgment, is best able to command the support of a majority of those members who do not support the Government, or if there is no such person, the member of that House who, in his judgment, commands the support of the largest single group of such members who are prepared to support one leader:

Provided that this subsection shall have effect in relation to any period between a dissolution of Parliament and the day on which the next election of members of the House of Assembly is held as if Parliament had not been dissolved.


۳. The office of Leader of the Opposition shall become vacant -


a. if, after an election of members of the House of Assembly following any dissolution of Parliament and before that House first meets thereafter, he is informed by the Governor General that the Governor General is about to appoint another person as Leader of the Opposition;


b. if he ceases to be a member of the House of Assembly for any reason other than a dissolution of Parliament; or


c. if his appointment is revoked under the provisions of subsection (۴).


۴. If, in the judgment of the Governor General, the Leader of the Opposition no longer is able to command the support of a majority of Government, or, as the case may be, the support of the largest single group of such members who are prepared to support one leader, the Governor General may revoke the appointment of the leader of the Opposition.


۵. In the exercise of his functions under this section the Governor General shall act in his discretion:


Provided that, except during any period such as is mentioned in subsection (۳)(a), if the Governor General considers that it is doubtful whether a person commands such support as is mentioned in subsection (۲) he shall, in determining the question, act in accordance with the advice of the Speaker.


۷۵: Certain vacancies in office of Leader of Opposition


During any period in which there is a vacancy in the office of Leader of the Opposition by reason of the fact that no person is both qualified in accordance with this Constitution for, and willing to accept, appointment to that office, the Governor General shall -


a. act in his discretion in the exercise of any function in respect of which it is provided in this Constitution that the Governor General shall act in accordance with the advice of the Leader of the Opposition; and


b. act on the recommendation of the Prime Minister in the exercise of any function in respect of which it is provided in this Constitution that the Governor General shall act on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.


۷۶: Privy Council


۱. There shall be a Privy Council for Barbados which shall consist of such person as the Governor General, after consultation with the Prime Minister, may appoint by instrument under the Public Seal.


۲. The Privy Council shall have such powers and duties as may be conferred or imposed upon it by this Constitution or any other law.


۳. The office of a member of the Privy Council appointed under this section shall become vacant -


a. at the expiration of fifteen years from the date of his appointment or such shorter period as may be specified in the instrument by which he was appointed;


b. when he attains the age of seventy-five years; or


c. if his appointment is revoked by the Governor General, acting after consultation with the Prime Minister, by instrument under the Public Seal.


۷۷: Proceedings of Privy Council


۱. The Privy Council shall not be summoned except by the authority of the Governor General acting in his discretion.


۲. The Governor General shall, so far as is practicable, attend and preside at all meetings of the Privy Council.


۳. Subject to the provisions of this Constitution, the Privy Council may regulate its own procedure.


۴. The question whether the Privy Council has validly performed any function vested in it by this Constitution shall not be inquired into in any court.


۷۸: Prerogative of mercy


۱. The Governor General may, in Her Majesty"s name and on Her Majesty"s behalf -


a. grant to any person convicted of any offense against the law of Barbados a pardon, either free or subject to lawful conditions;


b. grant to any person a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offense;


c. substitute a less severe from of punishment for that imposed on any person fur such an offense; or


d. remit the whole or part of any punishment imposed on any person fur such an offense or any penalty or forfeiture otherwise due to the Crown on account of such an offense.


۲. The Governor General shall, in the exercise of the powers conferred on him by subsection (۱) or of any power conferred on him by any other law to remit any penalty or forfeiture due to any person other than the Crown, act in accordance with the advice of the Privy Council.


۳. Where any person has been sentenced to death for an offense against the law of Barbados, the Governor General shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as the Governor General may require, to be forwarded to the Privy Council so that the Privy Council may advise him on the exercise of the powers conferred in him by subsection (۱) in relation to that person.


۴. The power of requiring information conferred upon the Governor General by subsection (۳) shall be exercised by him on the recommendation of the Privy Council or, in any case in which in his judgment the matter is too urgent to admit of such recommendation being obtained by the time within which it may be necessary for him to act, in his discretion.


۷۹: Establishment of office and functions of Director of Public Prosecutions


۱. There shall be a Director of Public Prosecutions whose office shall be a public office.


۲. The Director of Public Prosecutions shall have power in any case in which he considers it desirable so to do -


a. to institute and undertake criminal proceedings against any person before any court other than a court-martial in respect of any offense against the law of Barbados;


b. to take over and continue any such criminal proceedings that may have been instituted by any other person or authority; and


c. to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.


۳. The powers of the Director of Public Prosecutions under subsection (۲) may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.


۴. The powers conferred upon the Director of Public Prosecutions by paragraphs (b) and (c) of subsection (۲) shall be vested in him to the exclusion of any other person or authority:

Provided that, where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.


۵. In the exercise of the powers conferred upon him by this section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.


۶. For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings, to any other court or to Her Majesty in Council shall be deemed to be part of those proceedings.


۷. The Director of Public Prosecutions shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and an oath for the due execution for his office in the form set our in the First Schedule.




CHAPTER VII

THE JUDICATURE


PART ۱

SUPREME COURT


۸۰: Establishment of Supreme Court


۱. There shall be for Barbados a Supreme Court of Judicature, consisting of a High Court and a Court of Appeal, with such jurisdiction, powers and authority as may be conferred upon those Courts respectively by this Constitution or any other law.


۲. The judges of the Supreme Court shall be the Chief Justice and such number of Puisne Judges as may be prescribed by Parliament.


۳. No office of Puisne Judge shall be abolished while there is a substantive holder thereof.


۴. The Supreme Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.


۸۱: Appointment of Judges



۱. The Chief Justice shall be appointed by the Governor General, by instrument under the Public Seal, on the recommendation of the Prime Minister after consultation with the leader of the Opposition.


۲. The Puisne Judges shall be appointed by the Governor General, by instrument under the Public Seal, acting in accordance with the advice of the Judicial and Legal Service Commission.


۳. The qualifications for appointment as a Judge shall be such as may be prescribed by any law for the time being in force:


Provided that a person who has been appointed as a Judge may continue in office notwithstanding any subsequent variations in the qualifications so prescribed.


۸۲: Acting Judges


۱. If the office of Chief Justice is vacant or if the holder thereof is performing the functions of the office of Governor General or is for any other reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the holder thereof has resumed those functions, they shall be performed by such other person, qualified under section ۸۱(۳) for appointment as a Judge, as the Governor General, acting on the recommendation of the Prime Minister, may appoint to act as Chief Justice by instrument under the Public Seal.


۲. If the office of a Puisne Judge is vacant, or if any such Judge is appointed to act as Chief Justice or is for any reason unable to perform the functions of his office, or if the Chief Justice advises the Governor General that the state of business of the Supreme Court so requires, the Governor General, acting in accordance with the advice of the Judicial and Legal Service Commission, may, by instrument under the Public Seal, appoint a person qualified under section ۸۱(۳) for appointment as a Judge to act as a Judge, and any person so appointed shall continue to act until his appointment is revoked by the Governor General, acting in accordance with the advice of the Judicial and Legal Service Commission.


۳. A person may be appointed under the provisions of this section to act as Chief Justice or other Judge notwithstanding that he has attained the age at which that office is required by section ۸۴(۱) to be vacated by the holder thereof.


۴. Any person so appointed may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a Judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was acting as such.


۸۳: Oaths to be taken by Judges


A Judge shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the judicial oath in the form set out in the First Schedule.


۸۴: Tenure of office of Judges


۱. Subject to the following provisions of this section, a person holding the office of a Judge shall vacate office when he attains the age of sixty five years:

Provided that the Governor General, acting in the case of the Chief Justice on the recommendation of the Prime Minister or in the case of any other Judge in accordance with the advice of the Judicial and Legal Service Commission, may permit a Judge who attains the age of sixty five years to continue in office until he has attained such later age, not exceeding sixty seven years, as may have been agreed between the Governor General and that Judge.


۲. Notwithstanding that he has attained the age at which he is required by the provisions of this section to vacate his office, a person may sit as a Judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him before he attained that age.


۳. A Judge may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of subsection (۴).


۴. A Judge shall be removed form office by the Governor General, by instrument under the Public Seal, if the question of the removal of that Judge form office has, at the request of the Governor General, made in pursuance of subsection (۵), been referred by Her majesty to the Judicial Committee of Her Majesty"s Privy Council and the Judicial Committee has advised Her Majesty that the Judge ought to be removed from office for inability as aforesaid or for misbehavior.


۵. If the Prime Minister (in the case of the Chief Justice) or the Chief Justice after consultation with the Prime Minister (in the case of any other Judge) advises the Governor General that the question of removing a Judge form office for inability as aforesaid or for misbehavior ought to be investigated, then -


a. the Governor General shall appoint a tribunal which shall consist of a Chairman and not less than two other members selected by the Governor General in accordance with the advice of the Prime Minister (in the case of the Chief Justice) or of the Chief Justice (in the case of any other Judge) from among person who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court:


b. that tribunal shall enquire into the matter and report on the facts thereof to the Governor General and advise the Governor General whether he should request that the question of the removal of that Judge should be referred by Her Majesty to the Judicial Committee: and


c. if the tribunal so advises, the Governor General shall request that the question should be referred accordingly.


۶. The provisions of the Second Schedule shall apply in relation to tribunals appointed under subsection (۵).


۷. If the question of removing a Judge from office has been referred to a tribunal appointed under subsection (۵), the Governor General, acting in accordance with the advice of the Prime Minister (in the case of the Chief Justice) or of the Chief Justice after the Chief Justice has consulted with the Prime Minister (in the case of any other Judge), may suspend the Judge from performing the functions of his office.


۸. Any such suspension may at any time be revoked by the Governor General, acting in accordance with the advice of the Prime Minister or the Chief Justice (as the case may be), and shall in any case cease to have effect -


a. if the tribunal advises the Governor General that he should not request that the question of the removal of the Judge from office should be referred by Her Majesty to the Judicial Committee: or


b. the Judicial Committee advises Her Majesty that the Judge ought not to be removed from office.


۹. The provisions of this section shall be without prejudice to the provisions of section ۸۲(۲)



PART ۲

APPEALS


۸۵: Constitution of Court of Appeal


۱. Subject to the provisions of subsection (۲), the Court of Appeal established by Part ۱ of this Chapter shall be constituted by three Judges sitting together.


۲. A Judge shall not sit as a Judge of the Court of Appeal on the hearing of an appeal -


a. from any decision given by himself or any decision given by any court of which he was sitting as a member; or


b. against a conviction or sentence if he was the judge by or before whom the appellant was convicted.


۸۶: Other arrangements for appeals


۱. Notwithstanding anything contained in Part ۱ of this Chapter, Parliament may make provision -


a. for implementing arrangements made, between the Government of Barbados and the Government or Governments of any other part of parts of the Commonwealth relating to the establishment of a court of appeal to be shared by Barbados with that part or those parts of the Commonwealth, and for the hearing and determination by such a court of appeals from decisions of any court in Barbados; or


b. for the hearing and determination of appeals from decisions of any court in Barbados by a court established for any other part of the Commonwealth.


۲. A law enacted in pursuance of subsection (۱) may provide that the jurisdiction conferred on any such court as is referred to in that subsection shall be to the exclusion, in whole or in part, of the jurisdiction of the Court of Appeal established by Part ۱ of this Chapter; and during any period when jurisdiction is so conferred to the exclusion of the whole jurisdiction of the said Court of Appeal, Parliament may suspend the provisions of the said Part ۱ establishing that Court.


۳. In subsection (۱) the expression "any court in Barbados" includes the Court of Appeal established by Part ۱ of this Chapter.


۸۷: Appeals relating to fundamental rights and freedoms


۱. An appeal to the Court of Appeal shall lie as of right form final decisions of the High Court given in exercise of the jurisdiction conferred on the High Court by section ۲۴ (which relates to the enforcement for fundamental rights and freedoms).


۲. An appeal shall lie as of right to Her Majesty in Council from any decision given by the Court of Appeal in any such case.


۳. In this section "the Court of Appeal" means such court as may be vested with jurisdiction to hear appeals from any court in Barbados in pursuance of section ۸۶ or, if there is no such court, the Court of Appeal established by Part ۱ of this Chapter.


۸۸: Appeals to Her Majesty in Council in other cases


۱. Parliament may provide for an appeal to lie from -


a. decision of the Court of Appeal established by Part ۱ of this Chapter; or

b. decisions of any other court in exercise of jurisdiction conferred by a law enacted in pursuance of section ۸۶(۱), to Her Majesty in Council, either as of right or with the leave of the said Court of Appeal or other court, as the case may be, in such cases other than those referred to in section ۸۷(۲) as may be prescribed by Parliament.


۲. Nothing in this Constitution shall effect any right of Her Majesty to grant special leave to appeal from decision such as are referred to in subsection (۱).




CHAPTER VIII

THE PUBLIC SERVICE


PART ۱

THE SERVICES COMMISSIONS


۸۹: Establishment and composition of Judicial and legal Service Commission


۱. There shall be a Judicial and Legal Service Commission for Barbados which shall consist of the following persons-


a. the Chief Justice, who shall be Chairman;


b. the Chairman of the Public Service Commission or some other member of the Public Service Commission nominated by the Chairman to represent him at any meeting of the Judicial and Legal Service Commission;


c. three other members (hereinafter called "the appointed members") appointed in accordance with the provisions of subsection (۲).


۲. The appointed members shall be appointed by the Governor General, by instrument under the Public Seal, acting on the recommendation of the Prime Minister after consultation with the leader of the Opposition, from among persons who are, or have been, judges of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court:


Provided that if, whenever an occasion arises for the appointment of an appointed member, the Governor General, acting as aforesaid, is satisfied that there is no suitable person who is or has been such a judge available and willing to be appointed, he may appoint a person who has been entitled to practice in Barbados as a barrister for not less than ten years but is not in active practice as a barrister.


۳. No person shall be qualified to be appointed as a member of the Judicial and Legal Service Commission if he is a member of either House or a public officer.


۴. Subject to the provisions of subsection (۵), the office of an appointed member shall become vacant -


a. at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed;


b. if he becomes a member of either House or a public officer or is appointed to the office of Chief Justice or Chairman of the Public Service Commission.


۵. The provisions of section ۱۰۵ (which relate to removal from office) shall apply to the office of an appointed member, and the prescribed authority for the purposes of subsection (۴) of that section shall be the Prime Minister and for the purposes of subsection (۶) of that section shall be the Chief Justice.


۶. If the office of an appointed member is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may, by instrument under the Public Seal, appoint a person who is qualified for appointment as an appointed member to act in the office of that member; and any person so appointed shall, subject to the provisions of subsection (۴)(b), continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor General, acting as aforesaid.


۷. An appointed member shall not, within a period of one year commencing with the date on which he last held or acted in the office of appointed member, be eligible for appointment to any office power to make appointments to which is vested by this Constitution in the Governor General acting on the recommendation or in accordance with the advice of the Judicial and Legal Service Commission.


۹۰: Establishment and composition of Public Service Commission


۱. There shall be a Public Service Commission for Barbados which shall consist of a Chairman and not less than three nor more than five other members, who shall be appointed by the Governor General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Public Seal.


۲. No person shall be qualified to be appointed as a member of the Public Service Commission if he is a member of either House or a public officer.


۳. Subject to the provisions of subsection (۴), the office of a member of the Public Service Commission shall become vacant -


a. at the expiration of three years from the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed;


b. if he becomes a member of either House or a public officer.


۴. The provisions of section ۱۰۵ (which relate to removal from office) shall apply to the office of a member of the Public Service Commission, and for the purposes of subsections (۴) and (۶) of that section the prescribed authority shall be the Prime Minister except that, in relation to a member who does not hold, or is not for the time being acting in, the office of Chairman of the Commission, the prescribed authority for the purposes of the said subsection (۶) shall be the holder of the office of Chairman.


۵. If the office of Chairman of the Public Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.


۶. If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may appoint a person who is qualified for appointment as a member of the Commission to act in the office of that member; and any person so appointed shall, subject to the provisions of subsection (۳)(b), continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor General acting as aforesaid.


۷. A member of the Public Service Commission shall not, within a period of one year commencing with the date on which he last held or acted in that office, be eligible for appointment to any office power to make appointments to which is vested by this Constitution in the Governor General acting on the recommendation or in accordance with the advice of the Public Service Commission.


۹۱: Establishment and composition of Police Service Commission


۱. There shall be a Police Service Commission for Barbados which shall consist of a Chairman and not less than two nor more than four other members, who shall be appointed by the Governor General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Public Seal.


۲. No person shall be qualified to be appointed as a member of the Police Service Commission if he is a member of either House or a public officer.


۳. Subject to the provisions of subsection (۴), the office of a member of the Police Service Commission shall become vacant -


a. at the expiration of three years form the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed;


b. if he becomes a member of either House or a public officer.


۴. The provisions of section ۱۰۵ (which relate to removal from office) shall apply to the office of a member of the Police Service Commission, and for the purposes of subsections (۴) and (۶) of that section the prescribed authority shall be the Prime Minister except that, in relation to a member who does not hold, or is not for the time being acting in, the office of Chairman of the Commission, the prescribed authority for the purposes of the said subsection (۶) shall be the holder of the office of Chairman.


۵. If the office of Chairman of the Police Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.


۶. If the office of a member of the Police Service Commission other than the Chairman is vacant or the holder thereof is for any reason unable to perform the functions thereof, the Governor General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may appoint a person who is qualified for appointment as a member of the Commission to act in the office of that member; and any person so appointed shall, subject to the provisions of subsection (۳)(b), continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor General, acting as aforesaid.


۷. A member of the Police Service Commission shall not, within a period of one year commencing with the date on which he last held or acted in that office, be eligible for appointment to any office power to make appointments to which is vested by this Constitution in the Governor General acting on the recommendation or in accordance with the advice of the Police Service Commission.


۹۲: Procedure of Commissions


۱. In relation to any Commission established by this Chapter, the Governor General, acting in accordance with the advice of the Commission, may by regulation or otherwise regulate its procedure and, subject to the consent of the Prime Minister, confer powers and impose duties on any public officer or any authority of the Government for the purpose of the discharge of the functions of the Commission.


۲. At any meeting of any Commission established by this Chapter a quorum shall be constituted if three members are present; and, if a quorum is present, the Commission shall not be disqualified for the transaction of business by reason of any vacancy among its members or the absence of any member and any proceedings of the Commission shall be valid notwithstanding that some person who was not entitled so to do tool part therein.


۳. Any question proposed for decision at any meeting of any Commission established by this Chapter shall be determined by a majority of the votes of the members thereof present and voting, and if on any such question the votes are equally divided the member presiding shall have and exercise a casting vote.




PART ۲

APPOINTMENT, REMOVAL AND DISCIPLINE OF PUBLIC OFFICERS


۹۳: Appointment, etc., of judicial and legal officers


۱. Subject to the provisions of this Constitution, power to make appointments to the offices to which this section applies and to remove and to exercise disciplinary control over persons holding or acting in such offices is hereby vested in the Governor General, acting in accordance with the advice of the Judicial and Legal Service Commission.


۲. This section applies to such public offices (other than the office of the Director of Public Prosecutions) for appointment to which persons are required to possess legal qualifications as may be prescribed by Parliament.


۹۴: Appointment, etc., of public officers


۱. Subject to the provisions of this Constitution, power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices is hereby vested in the Governor General, acting in accordance with the advice of the Public Service Commission.


۲. Before the Public Service Commission advises the appointment to any public office of any person holding or acting in any office power to make appointments to which is vested by this Constitution in the Governor General, acting in accordance with the advice of the Judicial and Legal Service Commission or the Police Service Commission, it shall consult the Judicial and Legal Service Commission or the Police Service Commission, as the case may be.


۳. The provisions of this section shall not apply in relation to -


a. the office of any member of the Governor General"s personal staff;


b. any office to which section ۹۲ applies;


c. any office in the Police Force;


d. any office to which section ۱۰۰ applies;


e. the office of the Director of Public Prosecutions; and


f. the office of the Auditor General.


۹۵: Delegation of powers under section ۹۴


۱. The Governor General, acting in accordance with the advice of the Public Service Commission, may by instrument under the Public Seal direct that, to such extent and subject to such conditions as may be specified in that instrument, the powers, other than the power to remove from office, vested in him by section ۹۴(۱), shall (without prejudice to the exercise of such powers by the Governor General under that section) be exercisable by such one or more members of the Public Service Commission or by such public officer as may be so specified.


۲. In any case where an appointment is to be made by virtue of an instrument made under this section and the person to be appointed holds or is acting in any office power to make appointments to which is vested in the Governor General, acting in accordance with the advice of the Judicial and Legal Service Commission or the Police Service Commission, the person empowered by the said instrument to make the appointment shall consult the Judicial and Legal Service Commission or the Police Service Commission, as the case may be, before making the appointment.


۳. Where the power to exercise disciplinary control over any officer has been exercised by virtue of an instrument made under this section, the officer in respect of whom it was so exercised may apply for the case to be referred to the Governor General and thereupon the disciplinary action taken shall cease to have effect except in so far as it may have included the suspension of the officer from performing the functions of his office and the case shall be referred to the Governor General shall then take such action in respect of the officer as the Public Service Commission may advise.


۹۶: Appointment, etc., of members of the Police Force


۱. Subject to the provisions of this Constitution, power to make appointments to offices in the Police Force and to remove and to exercise disciplinary control over persons holding or acting in such offices, is hereby vested in the Governor General, acting in accordance with the advice of the Police Service Commission.


۲. Before the Police Service Commission advises the appointment to any office in the Police Force of any person holding or acting in any office power to make appointments to which is vested by this Constitution in the Governor General, acting in accordance with the advice of the Judicial and Legal Service Commission or the Public Service Commission, it shall consult the Judicial and Legal Service Commission or the Police Service Commission, as the case may be, before making the appointment.


۳. Where the power to exercise disciplinary control over any officer has been exercised by virtue of an instrument made under this section, the officer in respect of whom it was so exercised may apply for the case to be referred to the Governor General and thereupon the disciplinary action taken shall cease to have effect except in so far as it may have included the suspension of the officer from performing the functions of his office and the case shall be referred to the Governor General accordingly; and, subject to the provisions of section ۹۸, the Governor General shall then take such action in respect of the officer as the Public Service Commission may advise.


۹۷: Delegation of powers under section ۹۶


۱. The Governor General, acting in accordance with the advice of the Police Service Commission, may by instrument under the Public Seal direct that, to such extent and subject to such conditions as may be specified in that instrument, the powers, other than the power to remove from office, vested in him by section ۹۶(۱) in relation to offices in the Police Force below the rank of Inspector shall (without prejudice to the exercise for such powers by the Governor General under that section) be exercisable by such one or more members of the Police Service Commission or by such officers in the Police Force not below the rank of Superintendent as may be so specified.


۲. In any case where an appointment is to be made by virtue of an instrument made under this section and the person to be appointed holds or is acting in any office power to make appointments to which is vested in the Governor General, acting in accordance with the advice of the Judicial and Legal Service Commission or the Public Service Commission, the person empowered by the said instrument to make the appointment shall consult the Judicial and Legal Service Commission or the Public Service Commission, as the case may be, before making the appointment.


۳. Where the power to exercise disciplinary control over any member of the Police Force has been exercised by virtue of an instrument made under this section, the member of the Police Force in respect of whom it was so exercised may apply for the case to be referred to the Governor General and thereupon the disciplinary action taken shall cease to have effect except in so far as it may have included the suspension of the member from performing the functions of his office and the case shall be referred to the Governor General accordingly; and, subject to the provisions of section ۹۸, the Governor General shall then take such action in respect of that member of the Police force as the Police Service Commission may advise.


۹۸: Appeals to privy Council in disciplinary matters


۱. Before the Governor General acts in accordance with the advice of any Commission established by this Chapter that any public officer shall be removed from office or that any penalty should be imposed on him by way of disciplinary control, he shall inform the officer of that advice and if the officer then applies for the case to be referred to the Privy Council, the Governor General shall not act in accordance with that advice but shall refer the case to the privy Council accordingly:


Provided that the Governor General acting in accordance with the advice of the Commission, may nevertheless suspend that officer from performing the functions of his office pending the determination of the reference to the privy Council.


۲. When a reference is made to the privy Council under the provisions of subsection (۱), the privy Council shall consider the case and shall advise the Governor General what action should be taken in respect of the officer, and the Governor General shall then act in accordance with such advice.


۹۹: Appointment of permanent secretaries and certain other public officers


۱. Notwithstanding anything contained in the preceding provisions of this Chapter -


a. except as provided in paragraph (b), power to make appointments to the offices to which this section applies is hereby vested in the Governor General, acting on the recommendation of the appropriate Service Commission made after that Commission has consulted the Prime Minister; and


b. power to make appointments to the office of a permanent secretary on transfer from another such office carrying the same salary is hereby vested in the Governor General, acting on the recommendation of the Prime Minister.


۲. This section applies to the offices of Secretary to the Cabinet, permanent secretary, Commissioner of Police, Chief Establishments Officer and Chief Personnel Officer.


۳. In this section -


"appropriate Service Commission" means -


a. in relation to any office of Commissioner of Police, the Police Service Commission;


b. in relation to any office to which section ۹۳ applies as respects power to remove and exercise disciplinary control over any person holding or acting in that office, the Judicial and Legal Service Commission; and


c. in relation to any other office, the Public Service Commission; "permanent secretary" means the public officer (whether or not styled permanent secretary) who, subject to the general direction and control of a minister, supervises any department of the Government, and, without prejudice to the generality of the foregoing definition, includes the Financial Secretary and the Solicitor General.


۱۰۰: Appointment, etc., of principal representatives abroad and subordinate staff


۱. Power to make appointments to the offices to which this section applies and to remove persons holding or acting in such offices shall vest in the Governor General, acting in accordance with the advice of the Prime Minister.


۲. Before tendering advice for the purposes of this section in relation to any person who holds any public office other than an office to which this section applies, the Prime Minister shall consult the appropriate Service Commission.


۳. This section applies to the office of Ambassador, High Commissioner or other principal representative of Barbados in any other country or accredited to any international organization.


۴. Before the Judicial and Legal Service Commission or the Public Service Commission advises the Governor General under section ۹۳ or, as the case may be, section ۹۴ to appoint any person to any subordinate overseas office, the Commission shall consult the permanent secretary (as defined in section ۹۹(۳)) of the department responsible for the external affairs of Barbados.


۵. In this section -


"appropriate Service Commission" means -


a. in relation to a person who holds an office in the Police Force, the Police Service Commission;


b. in relation to a person who holds an office to which section ۹۳ applies as respects power to remove and exercise disciplinary control over any person holding or acting in that office, the Judicial and Legal Service Commission; and


c. in relation to any other person, the Public Service Commission;


"subordinate overseas office" means an office on the staff of any officer mentioned in subsection (۳) which is pensionable for the purposes of any law providing for the grant of pensions in respect of service in the public service.


۱۰۱: Appointment, etc., of Director of Public Prosecutions


۱. The Director of Public Prosecutions (in this section referred to as "the Director") shall be appointed by the Governor General, acting on the recommendation of the Judicial and Legal Service Commission, by instrument under the Public Seal.


۲. A person shall not be qualified to hold or to act in the office of Director unless he is qualified for appointment as a Judge.


۳. If the office of the Director is vacant or if the holder thereof is for any reason unable to perform the functions thereof, the Governor General, acting on the recommendation of the Judicial and Legal Service Commission, may appoint a person to act in the office of the Director; and any person so appointed shall, subject to the provisions of subsection (۴), continue so to act until a person has been appointed to the office of the Director and has assumed the functions of that office or, as the case may be, the holder thereof has resumed those functions or until his appointment so to act is revoked by the Governor General, acting as aforesaid.


۴. Subject to the provisions of subsection (۵), the Director shall vacate office when he attains the age of sixty two years:

Provided that the Governor General acting on the recommendation of the Judicial and Legal Service Commission, may permit a Director who has attained the age of sixty two years to continue in office until he has attained such later age, not exceeding sixty five years, as may have been agreed between the Governor General and the Director.


۵. The provisions of section ۱۰۵ (which relate to removal form office) shall apply to the office of the Director, and the prescribed authority for the purposes of subsections (۴) and (۶) of that section shall be the Judicial and Legal Service Commission.


۱۰۲: Appointment, etc., of Auditor General


۱. The Auditor General shall be appointed by the Governor General, by instrument under the Public Seal, acting on the recommendation of the Public Service Commission made after the Commission has consulted the Prime Minister.


۲. If the office of Auditor General is vacant or the holder thereof is for any reason unable to perform the functions thereof, the Governor General, acting on the recommendation of the Public Service Commission made after the Commission has consulted the Prime Minister, may appoint a person to act in the office of Auditor General; and any person so appointed shall, subject to the provisions of subsection (۳), continue so to act until a person has been appointed to the office of Auditor General and has assumed the functions of that office or, as the case may be, the holder thereof has resumed those functions or until his appointment so to act is revoked by the Governor General acting as aforesaid.


۳. Subject to the provisions of subsection (۴), the Auditor General shall vacate office when he attains the age of sixty two years.


۴. The provisions of section ۱۰۵ (which relate to removal from office) shall apply to the office of Auditor General, and the prescribed authority for the purposes of subsection (۴) of that section shall be the Prime Minister or the Chairman of the Public Service Commission and for the purposes of subsection (۶) of that section shall be the Public Service Commission.



PART ۳

PENSIONS


۱۰۳: Protection of pension rights


۱. Subject to the provisions of section ۱۰۴, the law applicable to the grant and payment to any officer, or to his window, children, dependants or personal representatives, of any pension, compensation, gratuity or other like allowance (in this section and section ۱۰۴ referred to as an "award") in respect of the service of that officer in a public office shall be that in force on the relevant date or any later law that is not less favorable to that person.


۲. In subsection (۱) "the relevant date" means -


a. in relation to an award granted before ۳۰th November ۱۹۶۶, the date on which the award was granted;


b. in relation to an award granted or to be granted on or after ۳۰th November ۱۹۶۶ to or in respect of any person who was a public officer before that date, ۲۹th November ۱۹۶۶;


c. in relation to an award granted or to be granted to or in respect of any person who becomes a public officer on or after ۳۰th November ۱۹۶۶, the date on which he becomes a public officer.


۳. Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this section, be deemed to be more favorable to him than the other law or laws.


۴. Awards granted under any law in respect of service in a public office (not being awards that are a charge upon some other public fund of Barbados) are hereby charged on the Consolidated Fund.


۵. For the purposes of this section and of section ۱۰۴, service as a Judge shall be deemed to be service in the public service.


۱۰۴: Grant and withholding of pensions, etc.


۱. The power to grant any award under any pensions law for the time being in force in Barbados (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the Governor General.


۲. Subject to the provisions of subsections (۵) and (۶), the power vested in the Governor General by subsection (۱) shall be exercised by him on the recommendation of the appropriate Service Commission.


۳. The appropriate Service Commission shall not recommend to the Governor General that any award for which a person who holds or has held the office of a Judge, Director of Public Prosecutions or Auditor General is eligible shall not be granted, or that any award payable to him shall be withheld, reduced in amount or suspended, on the ground that he has been guilty of misbehavior unless he has been removed from office by reason of such misbehavior.


۴. In this section "the appropriate Service Commission" means -


a. in the case of an award that may be granted or is payable to a person who, having been a public office, was immediately before the date on which he ceased to hold public office serving -


i. as a Judge;


ii. as the Director of Public Prosecutions;


iii. in any office to which section ۹۳ applies as respects power to remove and exercise disciplinary control over any person holding or acting in that office or the date of the exercise of the power vested as aforesaid the Judicial and Legal Service Commission.


b. in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office, serving as a member of the Police Force, the Police Service Commission.


c. in any other case the Public Service Commission.


۵. Where the appropriate Service Commission makes a recommendation to the Governor General under this section that any award that may be granted under any pensions law in respect of the service in a public office of any person should not be granted, or that any award payable under any such law in respect of such service should be withheld, reduced in amount or suspended, the Governor General shall inform the person concerned or his personal representatives of that recommendation, and if that person then applies, or, as the case may be, his personal representatives then apply, for the case to be referred to the Privy Council, the Governor General shall refer the case to the Privy Council accordingly.


۶. When a reference is made to the Privy Council under the provisions of subsection (۵), the Privy Council shall consider the case and shall advise the Governor General whether the recommendation of the appropriate Service Commission should be affirmed, reversed or modified, and the Governor General shall then act in accordance with that advice.


۷. In this section "pensions law" means any law relating to the grant to any person or to the widow, children, dependants or personal representatives of that person, of an award for any pension, compensation, gratuity or other like allowance in respect of the service of that person in a public office.



PART ۴

MISCELLANEOUS


۱۰۵: Removal from office of certain persons


۱. Where it is provided in this Chapter that this section shall apply to any office, a person holding such office (in this section referred to as "the officer") shall not be removed there from or suspended from the exercise of the functions thereof except in accordance with the provisions of this section; and the prescribed authority for the purposes of subsection (۴) or subsection (۶) shall, in relation to any office, be the authority prescribed for that purpose by the provision for this Chapter by which this section is applied to that office.


۲. The officer may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior.


۳. The officer shall be removed from office by the Governor General if the question of his removal from office has been referred to a tribunal appointed under this section and the tribunal has advised the Governor General that he ought to be removed from office for inability as aforesaid or for misbehavior.


۴. If the prescribed authority advises the Governor General that the question of removing the officer from office under this section ought to be investigated, then


a. the Governor General shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Governor General acting in accordance with the advice of the Chief Justice, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or have been entitled to practice in Barbados as barristers or solicitors for not less than ten years; and


b. that tribunal shall enquire into the matter and report on the facts thereof to the Governor General and advise the Governor General whether the officer ought to be removed from office for inability as aforesaid or for misbehavior.


۵. The provisions of the Second Schedule shall apply to tribunals appointed under this section.


۶. If the question of removing the officer from office has been referred to a tribunal under this section, the Governor General, acting in accordance with the advice of the prescribed authority, may suspend the officer from performing the functions of his office, and any such suspension may at any time be revoked by the Governor General, acting as aforesaid, and shall in any case cease to have effect if the tribunal advises the Governor General that the officer should not be removed from office.


۱۰۶: Protection of Commissions, etc., from legal proceedings


The question whether -

a. any Commission established by this Chapter has validly performed any function vested in it by or under this Chapter:


b. any person has validly performed any function delegated to him in pursuance of the provisions of section ۹۵ or, as the case may be, of section ۹۷; ۰۴


c. any member of such a Commission or any other person or authority has validly performed any other function in relation to the work of the Commission or in relation to any such function as is referred to in paragraph (b), shall not be enquired into in any court.




CHAPTER IX

FINANCE


۱۰۷: Consolidated Fund


There shall be in and for Barbados a Consolidated Fund, into which, subject to the provisions of any law for the time being in force in Barbados, shall be paid all revenues of Barbados.


۱۰۸: Estimate


۱. The Minister responsible for finance shall, before the end of each financial year, cause to be prepared annual estimates of revenue and expenditure for public services during the succeeding financial year, which shall be laid before the House of Assembly.


۲. The estimates of expenditure shall show separately the sums required to meet statutory expenditure (as defined in section ۱۰۹(۷)) and the sums required to meet other expenditure proposed to be paid out of the Consolidated Fund.


۱۰۹: Authorization of expenditure


۱. The Minister responsible for finance shall, in respect of each financial year, at the earliest convenient moment before the commencement of that financial year, introduce in the House of Assembly an Appropriation Bill containing, under appropriate heads for the several services required the estimated aggregate sums which are proposed to be expended (otherwise than by way of statutory expenditure) during that financial year.


۲. Subject to subsection s(۴) and (۶), the sums voted on the estimates by the House of Assembly in respect of a financial year shall represent the limit and extent of the public expenditure for that financial year.


۳. Where any sum is voted on the estimates by the House of Assembly in respect of a financial year and at the end of that year there is an unexpended balance of that sum, the unexpended balance shall lapse.


۴. The Minister responsible for finance may, in case of necessity, from time to time cause to be prepared supplementary estimates of expenditure which shall be laid before and voted on by the House of Assembly.


۵. In respect of all supplementary expenditure voted on by the House of Assembly in pursuance of subsection (۴), the Minister responsible for finance may, at any time before the end of the financial year, introduce into the House of Assembly a Supplementary Appropriation Bill containing under appropriate heads, the aggregate sums so voted, and shall, as soon as possible after the end of each financial year, introduce into the House of Assembly a final Appropriation bill containing any such sums which have not yet been included in any Appropriation bill.


۶. That part of any estimate of expenditure laid before the House of Assembly which shows statutory expenditure shall not be voted on by the House, and such expenditure shall, without further authority of Parliament, be paid out of the Consolidated Fund.


۷. For the purposes of this section and section ۱۰۸ -


a. "Financial year" means any period of twelve months beginning on ۱st April in any year or such other date as Parliament may prescribe; and


b. "statutory expenditure" means expenditure charged on the Consolidated Fund or on the general revenues and assets of Barbados by any provision of this Constitution or of any other law for the time being in force in Barbados.


۱۱۰: Meeting expenditure from consolidated Fund


No sum shall be paid out of the Consolidated fund except upon the authority of a warrant under the hand of the Minister responsible for finance or under the hand of some person authorized by him in writing; and sums so issued shall be disposed of for meeting public expenditure authorized under section ۱۰۹ or, in the case of statutory expenditure, for the purposes appointed by law.


۱۱۱: Public debt


The public debt of Barbados, including the interest on that debt, sinking fund payments and redemption monies in respect of that debt and the costs, charges and expenses incidental to the management of that debt, is hereby charged on the Consolidated Fund.


۱۱۲: Remuneration of Governor General and certain other officers


۱. There shall be paid to the holders of the offices to which this section applies such salaries as may be prescribed by or under any law.


۲. The salaries payable to the holders of the offices to which this section applies are hereby charged on the Consolidated fund.


۳. The salary and allowances payable to the holder of any office to which this section applies and his other terms of service shall not be altered to his disadvantage after his appointment, and, for the purposes of this subsection, in so far as the terms of service of any person depend upon the option of that person, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted.


۴. This section applies to the offices of Governor General, Judges, Director of Public Prosecutions, Auditor General, appointed members of the Judicial and Legal Service Commission and members of the Public Service Commission and the Police Service Commission.


۱۱۳: Establishment of office and functions of Auditor General


۱. There shall be an auditor General, whose office shall be a public office.


۲. The accounts of the Supreme Court, the Senate, the House of Assembly and all departments and offices of the government (including the offices of the Cabinet, the Privy Council, the Judicial and Legal Service Commission, the Public Service Commission and the Police Service Commission but excluding the department of the Auditor General) shall, at least once in every year, be audited and reported on by the Auditor General who, with his subordinate staff, shall at all times be entitled to have access to all books, records, returns and reports relating to such accounts.


۳. The Auditor General shall submit his reports made under subsection (۲) to the Speaker (or, if the office of Speaker is vacant or the Speaker is for any reason unable to perform the functions of his office, to the Deputy Speaker) who shall cause them to be laid before the House of Assembly.


۴. In the exercise of this functions under the provisions of subsections (۲) and (۳), the Auditor General shall not be subject to the direction or control of any other person or authority.


۵. The accounts of the department of the Auditor General shall be audited and reported on by the Minister responsible for finance and the provisions of subsections (۲) and (۳) shall apply in relation to the exercise by that Minister of those functions as they apply in relation to audits and reports made by the Auditor General.


۶ Nothing in this section shall prevent the performance by the Auditor General of -


a. such other functions in relation to the accounts of the Government and the accounts of other public authorities and other bodies administering public funds in Barbados as may be prescribed by or under any law for the time being in force in Barbados; or


b. such other functions in relation to the supervision and control of expenditure from public funds in Barbados as may be so prescribed.




CHAPTER X

MISCELLANEOUS AND INTERPRETATION


۱۱۴: Appointments


۱. Where any person has vacated any office established by this Constitution (including any office established under section ۴۱(۱), ۶۴(۱) and ۸۰(۲)) he may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this Constitution.


۲. Where by this Constitution a power is conferred upon any person or authority to make any appointment to any public office, a person may be appointed to that office when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance f this subsection, then for the purposes of any function conferred upon the holder of that office the person has appointed shall be deemed to be the sole holder of the office.


۳. Subsection (۲) shall have effect in relation to the office of a Judge as if that office were a public office


۱۱۵: Resignations


۱. Any person who is appointed or elected to or otherwise selected for any office established by this Constitution (including any office established under section ۴۱(۱), ۶۴(۱) or ۸۰(۲), may resign from that office and, save as otherwise provided by section ۴۰(۳) or ۴۵(۱), shall do so by writing under his hand addressed to the person or authority by whom he was appointed, elected or selected.


۲. The resignation of any person from any such office as aforesaid signified by writing under his hand shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorized by that person or authority to receive it or employed to assist that person into her performance of the functions of his office.


۱۱۶: Vacation of office on attaining a prescribed age


Where by this Constitution a person is required to vacate an office when he attains an age prescribed by or under the provisions of this Constitution, nothing done by him in the performance of the functions of that office shall be invalid by reason only that he has attained the age so prescribed.


۱۱۷: Interpretation


۱. In this Constitution -


"Act of Parliament" means any law made by Parliament;


"the Commonwealth" means Barbados, any country to which section ۸ applies and any dependency of any such country;


"the Consolidated Fund" means the Consolidated Fund established by section ۱۰۷;


"House" means the Senate or the House of Assembly, as the context may require;


"Judge" means the Chief Justice and any other Judge of the supreme Court;


"law" includes any instrument having the force of law and any unwritten rule of law;


"oath of allegiance" means the oath of allegiance set out in the First Schedule;


"Parliament" means the Parliament of Barbados;


"Police Force" means the Royal Barbados Police Force established under the Police Act, ۱۹۶۱(a);


"public office" means any office of emolument in the public service;


"public officer" means the holder of any public office and includes any person appointed to act in any such office;


"the public service" means subject to the provisions of subsection (۷), the service of the Crown in a civil capacity in respect of the government of Barbados;


" session" means, in relation to Parliament, the sittings of Parliament commencing when it first meets after this Constitution comes into force or after the prorogation or dissolution of Parliament at any time and terminating when Parliament is prorogued or is dissolved without having been prorogued;


"sitting" means, in relation to a House, a period during which that House is sitting continuously without adjournment and includes any period during which the House is in committee;


"Speaker" and "Deputy Speaker" mean the member of the House of Assembly from time to time elected by that House to be respectively Speaker or Deputy Speaker of that House.


۲. For the purposes of this Constitution the territory of Barbados shall compose all the areas that were comprised therein immediately before ۳۰th November ۱۹۶۶ together with such other areas as Parliament may declare to form part thereof.


۳. Any reference in this Constitution to power to make appointments to any office shall be construed as including a reference to power to make appointments on promotion or transfer to that office and to power to appoint a person to act in or perform the functions of that office during any period during which it is vacant or during which the holder thereof is unable (whether by reason of absence or infirmity of body or mind or any other cause) to perform those functions.


۴. Any reference in this Constitution to the holder of an office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office.


۵. Where by this Constitution any person is directed, or power is conferred on any person or authority to appoint a person, to perform the functions of any office if the holder thereof is unable to perform those functions, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of that office was not or is not unable to perform those functions.


۶. For the purposes of this Constitution a person shall not be considered as holding a public office by reason only of the fact that he is in receipt for a pension or other like allowance in respect of public service.


۷. In this Constitution references to the public service shall not be construed as including service in -


a. the office of Governor General, Prime Minister or other Minister, Parliamentary Secretary, Leader of the Opposition, President, Deputy President or member of the Senate, speaker, Deputy Speaker, or member of the House of Assembly or member of the Privy Council;


b. the office of a member of the Judicial and Legal Service Commission, the public Service Commission or the Police Service Commission;


c. the office of a member of any board, committee or other similar body (whether incorporated or not) established by any law in force in Barbados; or


d. except as otherwise provided in this Constitution, the office of a Judge or any office on the personal staff of the Governor General.


۸. References in this Constitution to the power to remove a public officer shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service:


Provided that -


a. nothing in this subsection shall be construed as conferring on any person or authority power to require a Judge or the Director of Public Prosecutions or the Auditor General to retire from the public service; and


b. any power conferred by any law to permit a person to retire form the public service shall, in the case of any public officer who may be removed from office by some person or authority other than the Governor General acting in accordance with the advice of a Commission established by this Constitution, vest in the Governor General acting on the recommendation of the Public Service Commission.


۹. Where any power is conferred by this Constitution to make any proclamation or order or to give any directions, the power shall be construed as including a power exercisable in like manner to amend or revoke any such proclamation, order or directions.


۱۰. No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in exercising any functions under this Constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or nay other law.


۱۱. The interpretation Act ۱۹۶۶(a) as in force on ۲۹th November ۱۹۶۶ shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, an Act of The Legislature of Barbados passed after the commencement of the aforesaid Act.




Section ۳۴, ۶۹, ۷۹(۷), ۸۳ and ۱۱۷(۱)

FIRST SCHEDULE OATHS

OATH OF ALLEGIANCE


I, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Her Heirs and Successors, according to law. So help me God.


Oath for the due execution of the office of Governor General

I, , do swear that I will well and truly serve Her Majesty Queen Elizabeth II, Her Heirs and successors, in the office of Governor General. So help me God.


Oath for the due execution of the office of Prime Minister or other Minister or Parliamentary secretary


I, , being appointed Prime Minister/Minister/Parliamentary Secretary, do swear that I will do the best of my judgment, at all times when so required, freely give my counsel and advice to the Governor General (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of Barbados, and I do further swear that I will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any particular Minister or Parliamentary Secretary and that I will not, except with the authority of the Cabinet and to such extent as may be required for the good management of the affairs of Barbados, directly or indirectly reveal the business or proceedings of the Cabinet or the nature or contents of any documents communicated to me as Prime Minister/Minister/Parliamentary Secretary or any matter coming to my knowledge in my capacity as such and that in all things I will be a true and faithful Prime Minister/Minister/Parliamentary Secretary, so Help me God.


Oath for the due execution of the office of Director of Public Prosecutions.

I, , do swear that I will well and truly serve Her Majesty Queen Elizabeth II, Her Heirs and Successors, in the office of Director of Public Prosecutions. So help me god.


Judicial Oath.

I, , do swear that I will well and truly serve Our Sovereign Lady Queen Elizabeth II, Her Heirs and Successors, in the office of Chief Justice/Judge of the Supreme Court and I will do right to all manner of people after the laws and usage of Barbados without fear or favour, affection or ill will. so help me God.



Sections ۸۴(۶) and ۱۰۵(۵)

SECOND SCHEDULE PROVISIONS RELATING TO CERTAIN TRIBUNALS ۱. If a member of the tribunal dies or resigns from his office or becomes unable to perform the functions thereof, another person qualified to be appointed as a member of the tribunal may be so appointed in his place.


۲. The Governor General may appoint a secretary to the tribunal to record the proceedings of the tribunal and generally to perform such duties connected with the enquiry as the tribunal may direct.


۳. If the members of the tribunal are equally divided on any question that arises during the proceedings of the tribunal, the chairman of the tribunal shall have and exercise a casting vote.


۴. The tribunal may regulate its own procedure and may make rules for this purpose.


۵. No member of the tribunal shall be liable to any action or suit for anything done by him as a member of the tribunal.


۶. The tribunal shall have the powers of the Supreme Court to summon witnesses, to call for the production of documents and to examine persons appearing before it on oath. All summonses for the attendance of witnesses or the production of documents shall be signed by one of the members of the tribunal, and oaths may be administered by one of the members or by the secretary to the tribunal.


۷.

۱. All persons summoned to attend and give evidence or to produce documents at any sitting of the tribunal shall be bound to obey the summons served upon them as fully in all respects as witnesses are bound to obey subpoenas issued from the Supreme Court, and shall be entitled to the like expenses as if the had been summoned at the instance of the Crown to attend the Supreme Court on a criminal trial, if the same shall be allowed by the tribunal, but the tribunal may disallow the whole or any part of such expenses in any case of it thinks fit. The procedure for the payment of such witnesses shall be the same as nearly as may be for the payment of witnesses in the Supreme Court.


۲. Every person refusing or omitting, without sufficient cause, to attend at the time and place mentioned in the summons served on him, and every person attending, but leaving the enquiry without the permission of the tribunal, or refusing without sufficient cause to answer, or to answer fully and satisfactorily to the best of his knowledge and belief, all questions put to him by or with the concurrence of the tribunal, or refusing or omitting without sufficient cause to produce any documents in his possession or under his control and mentioned or referred to in the summons served on him, and every person who shall at any sitting of the tribunal willfully insult any member of the tribunal or the secretary or wilfully interrupt the proceedings of the tribunal shall be liable to a penalty not exceeding five hundred dollars to be recovered in a summary manner before any Magistrate.


۳. A person giving evidence before the tribunal shall not be compellable to criminate himself, and every such person shall, in respect of any evidence given by him before the tribunal, be entitled to all privileges to which a witness giving evidence before the Supreme Court is entitled in respect of evidence given by him before that Court.


۸. The person to whom the enquiry relates shall be entitled to be represented at the enquiry by a person entitled to practice in Barbados as a barrister or solicitor, and any other person concerned in the enquiry may, by leave of the tribunal, be so represented.


۹. The Governor General may direct the Commissioner of Police to detail constables to attend upon the tribunal to preserve order during the proceedings of the tribunal, and to serve summonses on witnesses, and to perform such ministerial duties as the tribunal may direct.


۱۰.

۱. The Governor General may direct -


a. what remuneration, if any, shall be paid to the members of the tribunal and to the secretary and to any other persons employed in connection with the proceedings of the tribunal; and


b. payment of any other expenses attendant upon the carrying out of the enquiry or upon any proceedings for any penalty under this Schedule.


۲. Any sums directed to be paid under the preceding subparagraph are hereby charged on the Consolidated Fund.


۱۱. No proceeding shall be commenced for any penalty under this Schedule except by the direction of the Director of Public Prosecutions or of the tribunal. The tribunal may direct their secretary, or such other person as they may think fit, to commence and prosecute the proceedings for any such penalty



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