Appeals in discipline cases |
Appeals in discipline cases
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The constitution and laws of Belize
111.- (1) This section applies to -
a. any decision of the Governor General, acting in accordance with the advice of the Public Services Commission, in relation to the public service, or any decision of the Public Services Commission to remove a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section 106(5) of this Constitution);
b. any decision of any person to whom powers are delegated under section 106(5) of this Constitution to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the Public Services Commission); and
c. if it is so provided by the National Assembly, any decision of the Commissioner of Police under subsection (1) of section 1110 of this Constitution, or of a person to whom powers are delegated under subsection (2) of that section, to remove a police officer from office or to exercise disciplinary control over a police officer.
(2) Subject to the provisions of this section, an appeal shall lie to the Belize Advisory Council from any decision to which this section applies at the instance of the public officer in respect of whom the decision is made:
Provided that in the case of any such decision as is referred to in subsection (1)(c) of this section, an appeal shall lie in the first instance to the Commissioner of Police if it is so provided by the National Assembly or, if it is not so provided, if the Commissioner so requires.
(3) Upon an appeal under this section the Belize Advisory Council may affirm or set aside the decision appealed against or may make any other decision which the authority or person from whom the appeal lies could have made.
(4) Subject to the provisions of section 54 of this Constitution, the Belize Advisory Council may by regulation make provision for -
a. the procedure in appeals under this section; or
b. excepting from the provisions of subsection (2) of this section decisions in respect of public officer holding offices whose emoluments do not exceed such sum as may be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be so prescribed.
(5) Regulations made under this section may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or any authority of the Government for the purpose of the exercise of the functions of the Belize Advisory Council. (6) In this section "public officer" includes any person holding or acting in an office in the military service as defined in section 105(17) of this Constitution.
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Constitution of Belize
Chapter I - The State And The Constitution1. The State 2. Constitution Is Supreme Law
Chapter II - Protection Of Fundamental Rights And Freedoms3. Fundamental Rights And Freedoms 4. Protection Of Right To Life 5. Protection Of Right To Personal Liberty 7. Protection From Inhuman Treatment 8. Protection From Slavery And Forced Labor 9. Protection From Arbitrary Search Or Entry 10. Protection Of Freedom Of Movement 11. Protection Of Freedom Of Conscience 12. Protection Of Freedom Of Expression 13. Protection Of Freedom Of Assembly And Association 14. Protection Of Right Of Privacy 15. Protection Of Right To Work 16. Protection From Discrimination On The Grounds Or Race, Etc 17. Protection From Deprivation Of Property 18. Provisions For Periods Of Public Emergency 19. Protection Of Persons Detained Under Emergency Laws 20. Enforcement Of Protective Provisions 21. Protection Of Existing Laws 22. Interpretation And Savings
Chapter III - Citizenship23. Person Who Become Citizens On Independence Day 24. Person Born In Belize On Or After Independence Day 25. Person Born Outside Belize On Or After Independence Day 26. Registration 27. Avoidance Of Dual Nationality 29. Interpretation
Chapter IV - The Governor-general32. Oath To Be Taken By Governor-general 33. Deputy To Governor-general 34. Exercise Of Governor-general's Functions 35. Governor-general To Be Informed Concerning Matters Of Government
Chapter V - The Executive37. Prime Minister 39. Performance Of Functions Of Prime Minister During Absence Or Illness 41. Allocation Of Portfolios To Ministers 42. Attorney General 43. Performance Of Functions Of Minister During Absence Or Illness 44. Cabinet 45. Deputy Minister 46. Oath To Be Taken By Ministers Etc. 50. Control Of Public Prosecutions 51. Constitution Of Offices Etc 53. Procedure In Capital Cases Chapter VI - The Legislature55. Establishment Of Legislature
The House Of Representatives56. Composition Of House Of Representatives 57. Qualifications For Election As Member 58. Disqualifications For Election As Member 59. Tenure Of Office Of Members 60. Speaker And Deputy Speaker
The Senate62. Qualifications For Appointment As Senator 63. Disqualifications For Appointment As Senator 64. Tenure Of Office Of Senator 65. Appointment Of Temporary Senators 66. President And Vice-president 67. Clerks To Houses Of National Assembly
Powers And Procedure69. Alteration Of Constitution 70. Regulation Of Procedure In National Assembly, Etc 71. Oath To Be Taken By Members Of National Assembly 72. Presiding In House Of Representatives And Senate 73. Voting 76. Quorum 77. Introduction Of Bills, Etc 78. Restriction On Powers Of Senate As To Money Bills 79. Restriction On Powers Of Senate As To Bill Other Than Money Bills 80. Provisions Relating To Sections 77, 78 And 79 81. Mode Of Exercise Of Legislative Power 83. Sessions Of Legislature, Etc 84. Prorogation And Dissolution Of Legislature 85. General Elections And Appointment Of Senators 86. Determination Of Questions As To Membership Of National Assembly 87. Unqualified Persons Sitting Or Voting 88. Election And Boundaries Commission 90. Increase Of Electoral Divisions 91. Redivision Of Electoral Divisions Chapter VII - The Judiciary94. Establishment Of Supreme Court And Court Of Appeal 96. Reference Of Constitutional Questions To Supreme Court 97. Appointment Of Justices Of Supreme Court 98. Tenure of office of justices of Supreme Court 99. Oath To Be Taken By Justices Of Supreme Court 100. Appeals To The Court Of Appeal 101. Appointment of justices of appeal 102. Tenure of office of justices of appeal 103. Oath to be taken by justice of appeal 104. Appeals to her majesty in council
Chapter VIII - The Public Service105. Public Services Commission 106. Appointment, Etc. Of Public Officers 107. Appointment, etc. of permanent secretaries and certain other officers 108. Director of public prosecutions 109. Auditor General 110. Appointment, etc, of junior police officers 111. Appeals in discipline cases 112. Pension laws and protection of pension rights 113. Grant and withholding of pensions, etc
Chapter IX - Finance114. Establishment of consolidated revenue fund 115. Authorization of expenditure from consolidated revenue fund 116. Authorization of expenditure in advance of appropriation 117. Contingencies Fund 118. Remuneration of certain officers 119. Public Debt 120. Audit of public accounts, etc
Chapter X - Miscellaneous121. Code of conduct 122. National Symbols 123. Powers of appointment and acting appointments 124. Reappointments and concurrent appointments 125. Removal from office 126. Resignations 127. Saving for jurisdiction of courts 128. Power to amend and revoke instruments, etc 129. Consultation 130. National Seal 131. Interpretation |
Constitution Discipline Cases 2023
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