SPECIAL OFFICES

APPOINTMENTS OF PRINCIPAL REPRESENTATIVES OF TRINIDAD AND TOBAGO

135.- 1. The President acting in accordance with the advice of the Prime Minister shall have power to appoint persons to the offices to which this section applies and to remove persons from any such office.

2. Before tendering any advice for the purposes of this section in relation to any person who holds or is acting in any public office other than an office to which this section applies, the Prime Minister shall consult the appropriate Service Commission.

3. This section applies to the office of-

a. Ambassador or High Commissioner; and

b. any principal representative of Trinidad and Tobago in any other country.

TENURE OF SPECIAL OFFICES

136.- 1. The holder of an office to which this subsection and subsections (3) to (11) apply (in this section referred to as "the officer") shall vacate his office on attaining the age of sixty-five years or such other age as may be prescribed.

2. Notwithstanding that he has attained the age at shich he is required by or under subsection (1) to vacated his office, a Judge may, with the permission of the President, acting in accordance with the advice of the Chief Justice, continue in office for such priod after attaining that age as may be necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before him before he attained that age.

3. Nothing done by the officer shall be invalid by reason only that he has attained the age at which he is required under this section to vacate his office.

4. The officer shall vacate his office if with his consent, he is appointed a Senator or nominated for election to the House of Representatives.

5. The salaries and allowances payable to the holders of the office to which subsection (1) and subsections (3) to (119 apply or an office referred to insubsections (13) to (16) shall be a charge on the Consolidated Fund.

6. The salary and allowances payable to the holder of any office to which subsection (1) and subsections (3) to (11) apply or an office referred to insubsections (13) to (16) and his other terms of service shall not be altered to his disadvantage after his appointment and for the purposes of this subsection, in so far as the terms of service of any person depend upon the option of that person, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted.

7. The officer may be removed from office only for inability to discharge the functions of his office whether arising from afirmity of mind or body or any other cause, or for misbehaviour and shall not be so removed except in accordance with the provisions of subsection (10).

8. A decision that the question of removing the officer from office ought to be investigated may be made at any time-

a. in the case of the Ombudsman by resolution of the House of Representatives, and

b. in any other case by the President either on his own initiative or upon the representation of the Prime Minister.

9. Where a decision is made under subsection (8) that the question of removing the officer from office ought to be investigated, then-

a. the President shall appoint a Trinibunal which shall consit of a Chairman and not less than two other members all of whom shall be selected by the President acting in accordance with the advice of the Judicial and legal Service Commission from among persons who hold or have held office as a Judge 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; and

b. the Tribunal shall inquire into the matter and report on the facts to the President and advise the President whether the officer ought to be removed from office on any of the grounds specified in subsection (7).

10. Where the question of removing the officer from office is referred to a Tribunal appointed under subsection (9) and the Tribunal advises the President that the officer ought to be removed from office, the President shall, by writing signed by him, removed the officer from office.

11. Where the question of removing the officer from office has been referred to a Tribunal under subsection (9), the President, after consultation with the Judicial and legal Service Commission, may suspend the officer from performing the functions of his office and any such suspension may at any time be revoked by the President and shll in any case cease to have effect if the Tribunal advises the President that the officer ought not to be removed from office.

12. Subsection (1) and subsections (3) to (11) apply to the office of Auditor General and to such other offices as may be prescribed.

13. Subsections (1) to (6) apply to the office of Judge.

14. Subsection (1) and subsections (3) to (6) apply to the office of Director of Public Prosecutions, Chief Parliamentary Counsel and Solicitor General.

15. Subsections (5) to (11) apply to the office of Ombudsman, a member of the Election and Boundaries Commission, a member of the Integrity Commission, a member of a Service Commission, a member of the Salaries Review Commission and to such other offices as may be prescribed.

16. Subsections (5) and (6) apply to the office of President.

REMOVAL FROM OFFICE OF JUDGE

137.- 1. A Judge may be removed fromoffice only for inability to perform the functions of his office, (whether arising from infirmity of mind or body or any other cause), or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.

2. A Judge shall be removed from office by the President where the question of removal of that Judge has been referred by the President to the Judicial Committee and the Judicial Committee has advised the President that the Judge ought to be removed from office for such inability or for misbehaviour.

3. Where the Prime Minister, in the case of the Chief Judtice, or the Judicial and Legal Service Commission, in the case of a Judge, other than the Chief Justice, represents to the President that the question of removing a Judge under this section ought to be investigated, then-

a. the President shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the President, acting in accordance with the advice of the Prime Minister in the case of the Chief Justice or the Prime Minister after consultation with the Judicial and Legal Service Commission in the case of a Judge, from among persons who hold or have held office as a judge 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;

b. the tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to the President whether he should refer the question of removal of that Judge from office to the Judicial Committee; and

c. where the tribunal so recommends, the President shall refer the question accordingly.

4. Where the question of removing a Judge from office has been referred to a tribunal under subsection (3), the President, acting in accordance with the advice of the Prime Minister in the case of the Chief Justice or the Chief Justice in the case of a Judge, other than the Chief Justice, may suspend the Judge from performing the functions of his office, and any such suspension may at any time be revoked by the President, acting in accordance with the advice of the Prime Minister in the case of the Chief Justice or the Chief Justice in the case of a Judge, other than the Chief Justice, and shall in any case cease to have effect-

a. where the tribunal recommends to the President that he should not refer the question of removal of the Judge from office to the Judicial Committee; or

b. where the Judicial Committee advises the President that the Judges ought not to be removed from office.