Appeals in discipline cases
Appeals in discipline cases
| 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.
Constitution of Belize
Chapter I - The State And The Constitution
1. The State
Chapter II - Protection Of Fundamental Rights And Freedoms
Chapter III - Citizenship
Chapter IV - The Governor-general
Chapter V - The Executive
37. Prime Minister
42. Attorney General
45. Deputy Minister
Chapter VI - The Legislature
The House Of Representatives
Powers And Procedure
Chapter VII - The Judiciary
Chapter VIII - The Public Service
109. Auditor General
Chapter IX - Finance
117. Contingencies Fund
119. Public Debt
Chapter X - Miscellaneous
121. Code of conduct
122. National Symbols
125. Removal from office
130. National Seal
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