| The constitution and laws of Barbados
CHAPTER VIII
THE PUBLIC SERVICE
PART 1
THE SERVICES COMMISSIONS
Establishment and composition of Judicial and legal Service Commission
89. 1. 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 (2).
2. 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.
3. 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.
4. Subject to the provisions of subsection (5), 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.
5. The provisions of section 105 (which relate to removal from office) shall
apply to the office of an appointed member, and the prescribed authority for
the purposes of subsection (4) of that section shall be the Prime Minister and
for the purposes of subsection (6) of that section shall be the Chief
Justice.
6. 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 (4)(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.
7. 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.
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