PART 3

THE PUBLIC SERVICE BOARD OF APPEAL

CONSTITUTION OF BOARD, ETC.

106.- 1. There shall be a Public Service Board of Appeal for Antigua and Barbuda (in this Part referred to as the Board) which shall consist of-

a. a chairman appointed by the Governor-General acting in his discretion;

b. two members appointed by the Governor-General acting in accordance with the advice of the Prime Minister who shall, before tendering that advice to the Governor-General, consult with the Leader of the Opposition;

c. one member appointed by the Governor-General after consultation with the appropriate bodies representing the public service; and

d. one member appointed by the Governor-General after consultation with the appropriate body representing members of the Police Force.

2. The provisions of subsections (2) to (8) inclusive of section 99 of this Constitution shall apply in relation to the Board as they apply in relation to the Public Service Commission except that, in so applying subsection (8) of that section, the provision whereby the Governor-General acts in accordance with the advice of the Prime Minister shall be read as a provision whereby the Governor-General acts in his discretion.

3. If at any time any member of the Board is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the person upon whose advice that member was appointed or, as the case may be, after consultation with the body that he had consulted before appointing that member, may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General acting in accordance with such advice or, as the case may be, after such consultation as above in this subsection:

Provided that the Prime Minister shall consult the Leader of the Opposition before tendering any advice to the Governor-General under this subsection in respect of the appointment of any person to act for any member of the commission appointed under paragraph (b) of the subsection (1) of this section.

4. The Board shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.

5. In this section-

"the appropriate bodies representing the public service" means the Antigua and Barbuda Civil Service Association or such other body representing the interests of public officers as the Governor-General may designate;

"the appropriate body representing members of the Police Force" means the Police Welfare Association or such other body representing the interests of members of the Police Force as the Governor-General may designate.