Public Service Commission Amendment Regulations 1997
Title 2
Laws of Bermuda Item 1(d)

1989 Revision 1

BERMUDA STATUTORY INSTRUMENT

BR 33/1997

THE PUBLIC SERVICE COMMISSION AMENDMENT
REGULATIONS 1997

[made under section 84(5) of the Constitution {title 2 item 9] and brought
into operation on 6 June 1997]

Citation
1 These Regulations, which amend the Public Service Commission
Regulations 1968 ("the principal Regulations"), may be cited as the
Public Service Commission Amendment Regulations 1997.

Revocation and replacement of reg. 10 of principal Regs.
2 Regulation 10 of the principal Regulations is revoked and the
following regulation is substituted—

"Procedure after circulation under reg. 9
10 After considering any application that may be made as a
result of the notice circulated under regulation 9(1), the
Commission shall cause the vacancy to be advertised in
accordance with regulation 11 but need not do so if it is of the
opinion that there is a good and sufficient reason in the
particular case why the vacancy should not be advertised.".

Addition of new reg. 12A to principal Regs.
3 There is added to the principal Regulations, next after regulation
12, the following regulation—

THE PUBLIC SERVICE COMMISSION AMENDMENT
REGULATIONS 1997

2 1989 Revision

"Special exception to regs. 9 to 12 in certain cases
12A Where the Commission considers that a candidate for an
office is fit for appointment to another office which is vacant, the
Commission may recommend him for appointment to that other
office even if the vacancy has not been notified or advertised
under regulations 9 to 12.".

Amendment of reg. 14 of principal Regs.
4 Regulation 14 of the principal Regulations is amended by
deleting the words "other than a public officer or a person possessing
and enjoying Bermudian status" and substituting the words "who needs
permission under section 60 of the Bermuda Immigration and Protection
Act 1956 to engage in gainful occupation in Bermuda".

Revocation and replacement of reg. 18 of principal Regs.
5 Regulation 18 of the principal Regulations is revoked and the
following regulation is substituted —

"Principles governing recommendations
18 (1) This regulation states the principles that apply
where under section 82 of the Constitution the Commission is to
make a recommendation to the Governor about an appointment
to an office.

(2) Subject to this regulation, the person who in the
Commission's opinion is the best candidate shall be preferred.

(3) The Commission shall not recommend a person for
appointment to an office if he is not fit to be appointed.

(4) For the purpose of appointment to an office, a
person with Bermudian status ("a Bermudian") who is not
already an officer shall, other things being equal, rank equally
with a Bermudian who is already an officer unless the
Commission for special reasons decides otherwise in the
particular case.

(5) Subject to paragraph (11), the Commission shall
not recommend a person for permanent appointment to an
established office if he is not a Bermudian.

(6) A Bermudian shall be preferred to a person who is
not a Bermudian ("a non-Bermudian").

(7) Where a non-Bermudian—

(a) is the spouse of a Bermudian; and

Title 2
Laws of Bermuda Item 1(d)

1989 Revision 3

(b) is by virtue of section 60(1)(c) of the Bermuda
Immigration and Protection Act 1956 exempt
from the need to obtain permission to engage in
gainful occupation in Bermuda,

he shall be preferred to any other non-Bermudian who is not
such a spouse so exempt.

(8) Where in a competition for an office—

(a) one of the candidates is in a higher category of
preference under this regulation than another
candidate; and

(b) the candidate in the higher category of
preference is fit to be appointed,

the Commission shall recommend the candidate in the higher
category of preference even if the other candidate is more fit or
no less fit.

(9) Except as allowed by paragraphs (10) and (11), the
Commission shall not recommend a non-Bermudian for
appointment to an office for a term exceeding three years.

(10) The Commission may recommend a non-
Bermudian for appointment to an office for a term exceeding
three years but not exceeding five years if either—

(a) the Commission for special reasons sees fit in
the particular case; or

(b) the office in question is an office in the Police
Force.

(11) Notwithstanding paragraphs (5), (9) and (10), where
a non-Bermudian has been employed for a period of not less
than five consecutive years as an officer in the Police Force, the
Commission may recommend him for permanent appointment to
an established office in that Force.".