| The constitution and laws of Barbados
Grant and withholding of pensions, etc.
104. 1. 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.
2. Subject to the provisions of subsections (5) and (6), the power vested in
the Governor General by subsection (1) shall be exercised by him on the
recommendation of the appropriate Service Commission.
3. 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.
4. 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 93 applies as respects power to remove and
exercise disciplinary control over any person holding or acting in that office
ar 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.
5. 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.
6. When a reference is made to the Privy Council under the provisions of
subsection (5), 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.
7. 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.
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