Public Service (Delegation of Powers) Regulations 2001
PUBLIC SERVICE (DELEGATION OF POWERS) REGULATIONS
2001




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BR 82/2001

BERMUDA CONSTITUTION ORDER 1968

THE PUBLIC SERVICE (DELEGATION OF POWERS)
REGULATIONS 2001

ARRANGEMENT OF REGULATIONS

1 Citation and commencement
2 Definitions
3 Delegation of powers
4 Delegated powers to be

exercised in accordance with
Public Service Commission
Regulations

5 Reference to Commission
6 Appeals
7 Revocation of BR No. 34/1979
8 Transitional provision
SCHEDULE



The Governor, in exercise of the powers conferred upon him by
section 83(1) of the Constitution and acting in accordance with the
recommendation of the Public Service Commission, makes the following
Regulations:

Citation and commencement
1 These Regulations may be cited as the Public Service (Delegation
of Powers) Regulations 2001 and come into operation on 21st November,
2001.

Definitions
2 In these Regulations—

"the Code" means the Conditions of Employment and Code of
Conduct made by the Governor;

PUBLIC SERVICE (DELEGATION OF POWERS) REGULATIONS
2001


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"the Commission" means the Public Service Commission for
Bermuda established under section 81 of the Constitution;

"Department" means a department of the Government and
includes any other organ or branch of the Government;

"Director" means the most senior personnel officer in the
Department of Personnel Services;

"disciplinary offence" means misconduct or gross misconduct by
a public officer as set out in the Code;

"disciplinary penalty" means a penalty for a disciplinary offence
and "misconduct penalty" and "gross misconduct penalty"
have the meanings assigned to those expressions in the Code;

"established office" means an office determined by the Governor
acting on the advice of the Cabinet to be permanent;

"Head of Department" means the officer who manages and
supervises a Department;

"non-established office" means an office that is not an
established office;

"office" means a public office within the meaning given to that
expression by section 102 of the Constitution;

"officer" means the holder of an office.

Delegation of powers
3 The powers vested in the Governor by section 82 of the
Constitution in relation to the offices specified in Column 1 of the
Schedule are delegated to the public officer specified in Column 2 of the
Schedule to the extent set out in Column 3 of the Schedule and subject
to the conditions set out in Column 4 of the Schedule.

Delegated powers to be exercised in accordance with Public Service
Commission Regulations
4 The public officer to whom powers are delegated under these
Regulations shall, in exercising those powers, act in accordance with the
Public Service Commission Regulations 2001 as if references in those
Regulations to the Commission were references to the public officer.

Reference to Commission
5 Where any power is by these Regulations delegated to any
persons acting jointly, if those persons fail to agree on the exercise of the
power the matter shall be referred to the Commission and the
Commission shall exercise the power.

PUBLIC SERVICE (DELEGATION OF POWERS) REGULATIONS
2001


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Appeals
6 The holder of an established office who is aggrieved by any
disciplinary penalty imposed by a person to whom disciplinary powers
are delegated by these Regulations may appeal in accordance with the
Public Service Commission Regulations 2001:

Provided that where provision is made for an appeal in any
statutory instrument specified in Column 4 of the Schedule relating to
the exercise of disciplinary control that provision shall apply.

Revocation of BR No. 34/1979
7 The Public Service (Delegation of Powers) Regulations 1979 are
revoked.

Transitional provision
8 Notwithstanding Regulation 7, any matter which is being dealt
with under the regulations revoked by that regulation ("the revoked
regulations") on the day these Regulations come into force shall be
continued under the revoked regulations as if these Regulations had not
been made.

PUBLIC SERVICE (DELEGATION OF POWERS) REGULATIONS
2001


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SCHEDULE (Reg. 3)

Column 1
Public Offices

Column 2
Public Officer
to whom
Powers are
Delegated

Column 3
Extent of
Delegation

Column 4
Conditions of
Delegation

1. The office of
Police
Officer of
the rank of
Sergeant or
below, the
office of
member of
the Reserve
Police of the
rank of
Assistant
Comman-
dant or
below and
the office of
Traffic
Warden

Commissioner
of Police

All the powers
of the Governor

That the provi-
sions of the
Police (Disci-
pline) Orders
1975 shall
apply to the
exercise of
disciplinary
control in the
case of police
officers.

2. The office of
Police Offi-
cer of the
rank of
Inspector or
Chief
Inspector

Commissioner
of Police

The power to
exercise disci-
plinary control
not involving
removal from
office or reduc-
tion in rank

That the provi-
sions of the
Police
(Discipline)
Orders 1975
shall apply to
the exercise of
disciplinary
control.

3. The office of
Prison
Officer of
the rank of
Divisional
Officer and
below

Commissioner
of Prisons

All the powers
of the Governor

That the provi-
sions of the
Prison Officers
(Discipline
Etc.) Rules
1981 shall
apply to the
exercise of
such powers.

PUBLIC SERVICE (DELEGATION OF POWERS) REGULATIONS
2001


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4. The office of
any public
officer em-
ployed to
serve
outside
Bermuda as
an officer of
the
Department
of Tourism

Director of
Department of
Tourism

All the powers
of the Governor



5. The office of
deputy
principal,
teacher and
teacher in a
post of
special
responsi-
bility

Head of
Department

All the powers
of the Governor



6. The office of
Fire Officer
of the rank
of Sergeant
and below

Chief Fire
Officer

All the powers
of the Governor

That the provi-
sions of
regulations or
orders made
under section
17 or 18 of the
Fire Services
Act 1982 shall
apply to the
exercise of
such powers.

7. For posts in
the Office of
the Auditor-
General
below
Assistant
Auditor

Auditor-
General

All the powers
of the Governor



PUBLIC SERVICE (DELEGATION OF POWERS) REGULATIONS
2001


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8. Any office Head of the
Civil Service

Power to make
acting
appointments

That—

(a) the powers
be exer-
cised only
for the
appoint-
ments or
reliefs for
leave and
sickness
and in
cases of
temporary
vacancy at
the specific
request of
the Com-
mission;

(b) the
appoint-
ment shall
not be for a
period in
excess of
six months
from the
date when
the ap-
pointment
takes effect.

9. Any office,
other than
those
specified
in para-
graphs 1,
2, 3, 4, 5,
6, 7 and
12

Head of the
Civil Service
(gross
misconduct) or
Head of
Department
(misconduct)

All the powers
of the Governor
in relation to
disciplinary
control in-
cluding power
to award a
misconduct or
gross
misconduct
penalty

That the
provisions of
the Public
Service
Commission
Regulations
2001 shall
apply to the
exercise of
such powers.

PUBLIC SERVICE (DELEGATION OF POWERS) REGULATIONS
2001


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10. Any office,
other than
those
specified
in para-
graphs
1,2,3,4, 5,
6, 7 and
12

Head of the
Civil Service

Power to post
or transfer
officers of the
same grade
range and
within the
same class of
employment
with the public
service and to
make
disciplinary
transfers and
to defer, stop or
suspend
annual
increments



11. Any office
the grade
of which
ends
either at
PS25 or at
any lower
step on
the salary
scale

Head of
Department
and the
Director acting
jointly

All the powers
of the Governor
other than in
relation to the
exercise of
discplinary
control and the
power to make
appointments
on transfer



12. Any non-
establi-
shed
office,
including
industrial
or tem-
porary
employees

Head of the
Civil Service
(gross
misconduct) or
Head of
Department
(misconduct)

All the powers
of the Governor
in relation to
disciplinary
control
including
power to award
a misconduct
or gross
misconduct
penalty

That the provi-
sions of the
Public Service
Commission
Regulations
2001 shall apply
to the exercise of
such powers.







PUBLIC SERVICE (DELEGATION OF POWERS) REGULATIONS
2001


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Made this 21st day of November, 2001







Governor