Public Service Commission Regulations 2001
PUBLIC SERVICE COMMISSION REGULATIONS 2001



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BERMUDA STATUTORY INSTRUMENT

BR 81/2001

THE PUBLIC SERVICE COMMISSION REGULATIONS 2001

The Governor, in exercise of the powers conferred on him by section 84(5)
of the Constitution makes the following Regulations after consulting with

the Premier and the Public Service Commission:⎯


ARRANGEMENT OF REGULATIONS

PART I

1 Citation and commencement
2 Interpretation

PART II

3 Secretary and staff
4 Privileged communications
5 Immunity from legal action
6 Powers

PART III

7 Filling of any office
8 Vacant offices
9 Delegated appointments
10 Procedure
11 Extent of advertising
12 Reasonable time
13 Special exception to Regs. 10

to 12 in certain cases

14 Commission may require
information

15 Immigration comment
16 Commission to consider all

applications
17 Information to Minister

PART IV

18 Cabinet specification of
qualifications and emoluments

19 Principles governing
recommendations

20 Disqualification

PART V

21 Probationary period
22 Annual performance reports


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PART VI

23 Disciplinary offence
24 Procedure for the adjudication

of disciplinary offences
25 Standard of proof
26 Suspension of officers charged

with offences
27 Officers convicted of criminal

offences
28 Appeal to the Commission

PART VII

29 Staff Medical Board
30 Composition of Staff Medical

Board
31 Procedure of Staff Medical

Board

32 Retirement in public interest
33 Premature termination of

contract
34 Termination of employment on

abolition of office, etc.

PART VIII

35 Saving for Criminal Code
36 Improper influence
37 False information
38 Unauthorized disclosure or

use of information
39 Revocation of SR079/1968
40 Transitional provision
FIRST SCHEDULE
SECOND SCHEDULE

PART I

INTRODUCTORY

Citation and commencement
1 These Regulations may be cited as the Public Service
Commission Regulations 2001 and come into operation on 21st
November, 2001.

Interpretation
2 (1) In these Regulations, unless the context otherwise re-

quires —

"Bermudian status" shall have the meaning assigned to it in the
Bermuda Immigration and Protection Act 1956;

"Chairman" means the Chairman of the Commission;

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

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

"contract officer" means an officer employed under a written
agreement for a fixed period;


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"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 award" means a determination, by a person or body
having power to adjudicate in disciplinary proceedings,
disposing of one or more issues in those proceedings,
whether or not that disposal is subject to affirmation or may
be quashed or varied by some other person or body;

"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 the respective penalties for misconduct and gross
misconduct are set out in the Code;

"disciplinary proceedings" means proceedings for determining
whether a disciplinary offence has been committed;

"empowered person" means a person to whom powers of the
Governor under section 82 of the Constitution have been
delegated under section 83 of the Constitution;

"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;

"the Minister" means the Minister responsible for immigration;

"officer" means the holder of an office;

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

"promotion" means the conferment upon an officer of an office to
which is attached a higher salary or a higher grade or a grade
with a higher maximum salary than that which attaches to
the office to which he was last substantively appointed and
includes the upgrading of an office of which the officer is the
holder and in which the officer continues as the substantive
holder after the upgrading;

"the Secretary" means the Secretary of the Commission;

"transfer" means the substantive appointment, other than by
way of promotion, of an officer holding an established office to
another established office.


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(2) These Regulations shall, where the context so requires or
permits, be construed as one with the Code and with orders made under
section 32 of the Police Act 1974, rules made under section 32 of the
Prisons Act 1979 and regulations made under section 17 or orders made
under section 18 of the Fire Services Act 1982 which relate to discipline.

PART II

STAFF, PRIVILEGE, IMMUNITY
AND POWERS OF THE COMMISSION

Secretary and staff
3 (1) There shall be a Secretary of the Commission, appointed by
the Governor acting in his discretion, who shall be the senior adminis-
trative officer of the Commission.

(2) There may be appointed such other officers to assist the
Secretary in the discharge of his duties as may be authorized by the
Governor.

Privileged communications
4 (1) Any report, statement, record or other document which is
prepared by, or on behalf of, or for the purposes of, the Commission or
which is a communication to or from the Commission, or any member
thereof acting in the course of his duties as such, shall be privileged in
that in the event of legal proceedings no person shall be required to
make discovery of such document or to produce it for inspection if the
Governor, acting in his discretion, certifies that such discovery or pro-
duction is not in the public interest.

(2) No person in any proceedings may be required to answer
any interrogatory if the Governor, acting in his discretion, certifies⎯

(a) that the answer relates to the performance of the func-
tions of the Commission or of a member of the Commis-
sion or the performance of functions by an officer acting
on behalf of, or for the purposes of, the Commission; and

(b) that it is not in the public interest that such interroga-
tory should be answered.

Immunity from legal action
5 The Chairman and any member of the Commission shall have
the like protection, privileges and immunities from legal action for any-
thing done or omitted to be done by him in the performance of his func-
tions as a judge of the Supreme Court in the performance of his func-
tions as such.


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Powers
6 (1) The Commission may —

(a) require any officer to appear before it and give evidence
on any matter before the Commission, and the Commis-
sion may require such evidence to be given on oath; and

(b) require the production of any document within the cus-
tody or control of any officer which, in the opinion of the
Commission, relates or is likely to relate to any matter
before the Commission.

(2) Without prejudice to the generality of paragraph (1)(b) any
officer who is concerned with any submission for the consideration of the
Commission shall forward to the Commission any document in his
custody or control which is relevant to such submission.

(3) Any officer who fails to comply with a requirement imposed
upon him under paragraph (1) or, without reasonable cause, fails to act
in accordance with paragraph (2) or in accordance with any request
lawfully and properly made by the Commission shall be guilty of a
disciplinary offence and subject to proceedings accordingly if the
Commission so recommends.


PART III

PROCEDURE ON VACANCY

Filling of any office
7 (1) The following provisions of this Part shall apply to the filling
of any office which the Commission is informed should be filled.

(2) For the purposes of this Part, the expression "fill an office"
shall be read and construed as referring to the appointment to an office
including the renewal of the agreement of a contract officer and the
award of any scholarship, bursary or other financial assistance towards
any academic or training course, where it is a condition that the person
to whom the scholarship, bursary, or financial assistance is awarded
shall serve in an office.

Vacant offices
8 Upon an office becoming vacant, or where it becomes apparent
that any office will become vacant, then the Head of Department shall so
advise the Director in writing and, if it is an office which should be filled,
the Director shall inform the Commission accordingly.


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Delegated appointments
9 (1) Where the office to be filled is one in relation to which
powers to make the appointment have been delegated to some other
person, that person, having satisfied himself that the office is one which
should be filled and having informed the Director accordingly, shall pro-
ceed to fill the office acting in accordance with the principles and for-
malities set out in this Part and Part IV in so far as they are applicable.

(2) All advertisements referring to offices to be filled shall be
approved and placed by the Secretary.

(3) The Commission may authorize the person to whom such
powers have been delegated to dispense with the compliance with any
formalities in relation to any particular office or any class of office.

Procedure
10 (1) The Commission shall cause all vacancies 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.

(2) The Head of the Department in which the vacancy occurs
shall review the applications resulting from the advertisement and shall
make a report to the Commission stating whether or not he is
recommending an applicant for appointment, and if so, identifying the
recommended applicant.

Extent of advertising
11 (1) Where an office is advertised —

(a) it shall be advertised in such manner in Bermuda as, in
the opinion of the Commission, is likely to be sufficient
to bring to the attention of persons possessing Bermu-
dian status who may be qualified to fill the office; and

(b) it may be advertised in such manner as, in the opinion
of the Commission, is likely to be sufficient to bring it to
the attention of other persons who may be qualified to
fill the office.

(2) No office shall be advertised under paragraph (1)(b) before
such time as it has been advertised under paragraph (1)(a).

Reasonable time
12 The Commission shall not make a recommendation to the Gov-
ernor until such reasonable time has elapsed for such persons who have
seen the advertisement referred to in Regulation 11 to make application
for appointment to the office.


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Special exception to Regulations 10 to 12 in certain cases
13 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 advertised under Regulations 10 to 12.

Commission may require information
14 The Commission may require any applicant to—

(a) submit to it such information and documents; and

(b) attend for such interview, examination and tests,

as, in the opinion of the Commission, are necessary to establish that the
applicant is qualified for, and capable of performing the functions of, the
office to which his application relates.

Immigration comment
15 Where the Commission has under consideration the recommen-
dation of a person, who needs permission under section 60 of the
Bermuda Immigration and Protection Act 1956 to engage in gainful
occupation in Bermuda, to fill an office, the Commission shall, before
making that recommendation, invite the Minister to comment thereupon
and the Commission shall take into account any comment by the
Minister before making its recommendation.

Commission to consider all applications
16 The Commission shall consider all applications received within
the reasonable time referred to in Regulation 12 and, acting in accor-
dance with Part IV and any other law, shall, if there is a candidate of
sufficient merit to enable it to do so, make a recommendation to the Gov-
ernor.

Information to Minister
17 The Commission shall make available to the Minister such in-
formation relating to persons recommended by the Commission for ap-
pointment to an office as may reasonably be required by the Minister in
the discharge of his functions in relation to immigration to Bermuda.

PART IV

PROCEDURE FOR MAKING APPOINTMENTS

Cabinet specification of qualifications and emoluments
18 (1) Subject to these Regulations, the qualifications or relevant
experience, or both, for any office shall be those for the time being
specified by the Head of the Civil Service for that office or for the class or


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grade to which that office belongs and no person shall be recommended
by the Commission for appointment thereto who does not possess such
qualifications or relevant experience, or both.

(2) The emoluments attaching to any office shall be such as
may be approved by the Cabinet, and no person shall be recommended
by the Commission for appointment to an office except at the salary so
approved for that office or at a salary in a scale so approved for the class
or grade to which that office belongs.

Principles governing recommendations
19 (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

(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


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(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 Service, the Commission may
recommend him for permanent appointment to an established office in
that Service.

Disqualification
20 Any person who —

(a) canvasses any member of the Commission or any mem-
ber of either House of the Legislature, either directly or
indirectly in connection with the appointment of any
person to any office;

(b) fails to provide such information or documents as are
reasonably required by the Commission;

(c) fails to attend for such interview, examination or tests as
are reasonably required by the Commission; or

(d) knowingly misleads the Commission, or causes or con-
spires with any other person to mislead the Commission,
in connection with the application to any office,

shall be disqualified for an appointment to an office.


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PART V

PROBATIONARY APPOINTMENTS AND REPORTS

Probationary period
21 (1) Subject to paragraph (2), every appointment to an
established office or to a temporary post in the public service exceeding
one year from the date of appointment shall be made in accordance with
the recommendation of the Commission subject to a probation period of
six months.

(2) Paragraph (1) does not apply to an appointment to an office
in the police service, fire service or prison service and every appointment,
promotion or transfer in such service (other than an appointment to a
temporary post or temporary transfer to effect operational requirements)
shall be subject to such probationary period as may be specified in the
statutory instruments governing that service.

(3) Subject to paragraph (4), the Head of Department, or some
other senior officer of his department designated by him, shall submit in
writing to the Commission at two-monthly intervals throughout the
probationary period a report upon any officer in his department who is
subject to probation as to his aptitude, suitability and performance of his
duties.

(4) Paragraph (3) does not apply to an appointment to an
office⎯

(a) in the police service or fire service of the rank of
Sergeant and below;

(b) in the prison service of the rank of Divisional Officer and
below.

and in respect of an appointment to an office in those services other than
those referred to in subparagraphs (a) and (b) reports shall be made to
the Commission every six months.

(5) Where any appointment to an office is subject to probation,
the Commission may at any time before the period of probation has ex-
pired, either of their own motion or at the instance of the Head of De-
partment, recommend to the Governor that the appointment be termi-
nated forthwith.

(6) After considering all the reports submitted under paragraph
(3) or (4) and such other reports or representations as it regards as
necessary, the Commission shall either—

(a) record that the appointment of the officer is confirmed at
the expiry of his period of probation;


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(b) order that the period of probation be extended for such
further period as the Commission may specify; or

(c) recommend to the Governor that the appointment of the
officer be terminated at the expiry of the period of pro-
bation.

(7) Where the appointment of an officer is to be terminated in
accordance with paragraph (5) or (6) and the officer concerned was, prior
to his appointment, the substantive holder of another established office,
the Commission may further recommend to the Governor that he be
offered appointment to some further office appropriate to his
qualifications at a grade not lower than the office which he vacated when
he took up the appointment which is being terminated.

Annual performance reports
22 (1) Every Head of Department shall make and submit written
performance reports to the Commission on officers serving in their
departments in such form and by such date as the Commission may
prescribe.

(2) Where the Head of a Department intends to make an ad-
verse entry in the report of any officer made under this section he shall
inform that officer accordingly and the Head of Department shall inform
the officer concerned of the content of any report.


PART VI

DISCIPLINARY PROCEDURE AND APPEALS

Disciplinary offence
23 (1) Subject to paragraph (3), an officer commits a disciplinary
offence if⎯

(a) he commits an act of misconduct or gross misconduct
described in the Code; or

(b) he does an act or makes an omission which is made a
disciplinary offence by any other provision of these
Regulations.

(2) Where an officer is found guilty of a disciplinary offence, the
disciplinary award shall state the disciplinary penalty that the award
imposes for the offence.

(3) Nothing in this Regulation or Regulations 24 to 28 applies
in relation to a police officer or a prison officer, or, if regulations or
orders are made under section 17 or 18 of the Fire Services Act 1982
which relate to discipline, to a fire officer.


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Procedure for the adjudication of disciplinary offences
24 (1) The First Schedule to these Regulations states the
procedure to be followed in the adjudication of disciplinary offences not
involving gross misconduct.

(2) The Second Schedule to these Regulations states the
procedure to be followed in the adjudication of disciplinary offences
involving gross misconduct.

(3) The procedures set out in the Schedules referred to in this
Regulation do not apply to officers during their probationary period.

(4) Disciplinary proceedings shall be commenced within 6
months of the last occurrence or incident giving rise to the proceedings,
or, if criminal proceedings are instituted, within 6 months of the final
decision in those proceedings taking into account any period within
which an appeal may be taken.

Standard of proof
25 (1) Subject to paragraph (2), the standard of proof in
disciplinary proceedings is that required in court proceedings that are
not criminal.

(2) Where⎯

(a) the act alleged against an officer in disciplinary
proceedings constitutes a criminal offence; but

(b) the officer has not been charged with a criminal offence,

the standard of proof in the disciplinary proceedings is that required in
criminal proceedings.

(3) The question whether an act referred to in paragraph (2)(a)
constitutes a criminal offence shall be determined by the Director of
Public Prosecutions.

Suspension of officers charged with offences
26 (1) If the Head of the Civil Service considers that the public
interest so requires, he may at any time direct that an officer against
whom proceedings have been instituted for a criminal or disciplinary
offence shall be suspended from duty pending the outcome of those
proceedings.

(2) There may be withheld from an officer suspended from duty
under this Regulation such emoluments as the Head of the Civil Service
may think fit.

(3) Where the proceedings against an officer do not lead to his
dismissal from the service, any emoluments withheld from him by virtue
of subsection (2) shall be restored to him upon the conclusion of the


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proceedings unless the emoluments are withheld as a disciplinary
penalty.

Officers convicted of criminal offences
27 (1) Where an officer has been convicted of an indictable offence
or an offence which constitutes serious misconduct of the description set
out in section 25 of the Employment Act 2000, the Commission⎯

(a) may determine that the act constituting that offence
need not be dealt with as a disciplinary offence in
proceedings under this Part; and instead

(b) may recommend to the Governor that the officer be
dismissed from the public service.

(2) Where an officer has been dismissed from the public service
under this Regulation on account of a criminal conviction which is then
quashed on appeal⎯

(a) the officer shall, if he so wishes, forthwith be reinstated
in the office that he held immediately before he was so
dismissed; and

(b) any emoluments that were withheld from him on
account of the criminal conviction shall forthwith be
restored to him.

Appeal to the Commission
28 (1) Where⎯

(a) the disciplinary powers vested in the Governor by
section 82 of the Constitution have been delegated to an
empowered person under the Public Service (Delegation
of Powers) Regulations 2001; and

(b) a disciplinary award of a gross misconduct penalty has
been made by the empowered person,

any officer who is aggrieved by the disciplinary award may, within
fourteen days of receiving notice of the disciplinary award, appeal to the
Commission by giving notice in writing to the Commission and to the
person who made the disciplinary award.

(2) The officer may include with the notice referred to in
paragraph (1) any representations he wishes to bring to the attention of
the Commission but, unless the Commission otherwise orders, neither
the officer nor the empowered person who made the disciplinary award
shall be entitled to appear before the Commission.


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(3) The Commission may call for a report from the empowered
person who made the disciplinary award and shall at a meeting
determine the appeal.

(4) The Commission may⎯

(a) affirm, reverse or vary any disciplinary penalty imposed
by the disciplinary award; or

(b) remit the matter for determination on rehearing by the
empowered person with or without any observations the
Commission thinks fit to make.

(5) The decision of the Commission on an appeal shall be final.

PART VII

REMOVAL FROM OFFICE

Staff Medical Board
29 Where any question arises of whether or not an officer is inca-
pable by reason of some infirmity of mind or body of discharging the du-
ties of his office and whether such infirmity is likely to be permanent, the
Commission shall refer such question to a Staff Medical Board estab-
lished under Regulation 30 for their report on such questions.

Composition of Staff Medical Board
30 (1) The Staff Medical Board shall consist of—

(a) The Chief Medical Officer, who shall be chairman; and

(b) two other qualified medical practitioners, who are not
officers, appointed by the Governor acting in his discre-
tion and whose appointments shall be at the Governor's
pleasure.

(2) Fees shall be paid to members of the Staff Medical Board in
accordance with the Government Authorities (Fees) Act 1971.

Procedure of Staff Medical Board
31 The Staff Medical Board in considering any question referred to
it shall give notice to the officer concerned that they intend to consider
such a question and shall give him an opportunity to be heard and ad-
duce evidence before reporting to the Commission their opinion on such
question.

Retirement in public interest
32 (1) Where a Head of Department considers that it is desirable
in the public interest that an officer holding an established office should


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be required to retire from the public service on grounds which cannot
suitably be dealt with under any other Regulation, he shall report the
matter to the Head of the Civil Service.

(2) The Head of the Civil Service may obtain reports from senior
officers under whom the officer concerned has served, as to his work and
conduct, and shall allow such officer to consider such reports and shall
allow him to show cause why he should not be retired and to make a
written statement if he so desires.

(3) The Head of the Civil Service shall forward to the Commis-
sion all reports obtained under this Regulation together with any state-
ment of the officer concerned and his own observations and the Commis-
sion shall thereupon recommend to the Governor whether or not the offi-
cer should be retired.

(4) Where the Public Service Superannuation Act 1981 or other
relevant statutory provision permits the grant of a pension or other
allowance to an officer who is being retired under this Regulation, the
Commission shall also recommend to the Governor whether or not any
such pension or allowance should be granted to the officer upon his
retirement.

(5) Whenever the Commission decides to recommend to the
Governor that an officer should be retired from the public service the
Secretary shall forthwith inform the officer in writing that such
recommendation is being made.

Premature termination of contract
33 Where an officer is serving under a contract which provides for
termination by notice before the expiration of the period of service
stipulated therein and the Head of Department considers that the
contract should be so terminated, he shall report the matter in writing to
the Head of the Civil Service who shall determine whether such course
be taken.

Termination of employment on abolition of office, etc.
34 (1) Where an established office, being one of a number of such
offices, is abolished but one or more of such offices remain, the Head of
Department shall report to the Head of the Civil Service as to which of
the substantive holders of such offices shall have his employment
terminated.

(2) Where⎯

(a) the Commission receives a recommendation that the
employment of any officer holding an established office
be terminated otherwise than as a result of disciplinary
action; and


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(b) efforts to redeploy that officer have failed,

the Commission shall recommend to the Governor that the employment
of that officer be terminated.

(3) The Commission shall satisfy itself that the officer will
receive or has received his entitlements under the Public Service
Superannuation Act 1981 or other relevant statutory provisions.

(4) The Commission shall ensure, in terminating the
employment of an officer holding an established office, that officers who
are in a higher category of preference under Regulation 19 are retained
in preference to officers in a lower category of preference.

PART VIII

OFFENCES IN RELATION TO THE
FUNCTIONS OF THE COMMISSION

Saving for Criminal Code
35 The provisions of this Part shall be without prejudice to any pro-
visions of the Criminal Code.

Improper influence
36 (1) Any person who otherwise than in the course of his duty
directly or indirectly by himself or by any other person in any manner
whatsoever influences or attempts to influence any decision of the
Commission or of the Chairman or of any member or any person acting
under delegation powers commits an offence and is liable on summary
conviction to imprisonment for 6 months or a fine of $1200, or both.

(2) Nothing in paragraph (1) prohibits any person who may
properly do so from giving a certificate or testimonial to any applicant or
candidate for any office or from supplying any information or assistance
upon formal request by the Commission.

False information
37 Any person who in connection with any application by any per-
son for employment in, or promotion to, an office or with any matter
upon which it is the duty of the Commission to advise, or make a rec-
ommendation to the Governor or to make any decision, wilfully gives to
the Commission or to any member thereof, or to any person or body of
persons appointed by any Regulation or by any competent authority to
assist the Commission in the exercise of its functions or the discharge of
its duties, any information which he knows to be false or does not believe
to be true, or which he knows to be false by reason of the omission of
any material particular, commits an offence and is liable on summary
conviction to imprisonment for 1 year or a fine of $1200, or both.


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Unauthorized disclosure or use of information
38 (1) Neither the Chairman or any member nor any other person
shall without the written permission of the Governor publish or disclose
to any person otherwise than in exercise of his functions under these
Regulations the contents of any documents, communication or informa-
tion whatsoever which has come to his notice in the course of his duties
under these Regulations or the Constitution in respect of any matter re-
ferred to the Commission or dealt with by an officer holding a delegated
authority, and any person who knowingly acts in contravention of this
Regulation commits an offence and is liable on summary conviction to
imprisonment for 1 year or a fine of $1200, or both.

(2) If any person having possession of any information which to
his knowledge has been disclosed in contravention of paragraph (1) pub-
lishes or communicates to any other person otherwise than for the pur-
pose of any prosecution or proceedings under these Regulations any
such information, he commits an offence and is liable on summary
conviction to imprisonment for 1 year or a fine of $1200, or both.

Revocation of SRO79/1968
39 The Public Service Commission Regulations 1968 are revoked.

Transitional provisions
40 Notwithstanding Regulation 39, 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.

FIRST SCHEDULE (Reg. 24(1))

PROCEDURE FOR HANDLING CASES OF ALLEGED
MISCONDUCT WHICH IS NOT GROSS MISCONDUCT



1. The Head of Department shall prepare a written
statement of the alleged disciplinary offence, give a copy
to the officer in question, discuss it with him and
provide him with an opportunity to state his case.

2. At the end of the discussion, the Head of Department
may, if he so determines, give to the officer an oral
warning that further disciplinary action may be taken if
further misconduct occurs, and also give the officer
advice on how he may avoid further misconduct.


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18



3. The Head of Department shall make clear to the officer
that the action taken under paragraphs 1 and 2 is
formal action under the official disciplinary procedure.

4. The Head of Department shall place on the officer's
departmental personal file a record of the action taken
under paragraphs 1 to 3, and shall give the officer a
copy of the record and shall invite the officer to
acknowledge the warning by signing the record.

5. If there is further misconduct, the Head of Department
shall prepare a written statement of the alleged offence,
give a copy to the officer, discuss it with him and provide
him with an opportunity to state his case.

6. At a discussion under paragraph 5, the officer's job
supervisor shall be present. The officer may have a
trade union representative or a friend present to assist
him if he so wishes.

7. At the end of the discussion, the Head of Department
may, if he so determines, give to the officer a first written
warning and write to the officer setting out the reasons
for the warning indicating the improvement required and
fixing a date on which the case shall be reviewed ("the
review date"). A copy of this written warning shall be
placed on the officer's departmental personal file, and a
further copy shall be sent to the Director for placing on
the officer's primary personal file.

8. The Head of Department shall make clear to the officer
that the action taken under paragraphs 5 to 7 is formal
action under the official disciplinary procedure.

9. The Head of Department and the officer shall meet on
the review date to determine whether the officer has
achieved the required improvement. The officer's job
supervisor shall be present. The officer may also have a
trade union representative or a friend present to assist
him if he so wishes.

10. After the meeting referred to in paragraph 9, the Head of
Department shall determine—

(a) whether the matter is now resolved. If he so
decides, he shall, at the expiration of two years
from the date thereof, expunge from the officer's
departmental personal file the records and
written warnings placed there pursuant to
paragraphs 4 and 7; and the Director shall then
expunge from the officer's primary personal file


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19



the copy of the written warning recorded there
pursuant to paragraph 7;

(b) whether to conduct another review of the case.
If he so decides, he shall inform the officer in
writing accordingly, whereupon the procedure
set forth at paragraphs 5 to 9 shall apply with
the necessary changes;

(c) whether to issue a final written warning. If he
so decides, he shall inform the officer in writing
accordingly whereupon the procedure set out in
paragraphs 7 to 9 shall apply with the necessary
changes and he shall fix a review date not less
than four clear weeks after the interview;

(d) whether to impose a disciplinary penalty which
he has power to impose, that is to say, a
misconduct penalty. If he so decides, he shall
inform the officer accordingly by notice in
writing, setting forth in the notice a statement of
the officer's rights of appeal; or

(e) whether the case merits the imposition of a
penalty greater than he has power to impose,
that is to say, a gross misconduct penalty. If he
so decides, he shall refer the matter to the Head
of the Civil Service making a recommendation as
to the disciplinary penalty to be imposed and
inform the officer by notice in writing that he
has done so.

11. Where a case is referred to the Head of the Civil Service
under sub-paragraph (e) of paragraph 10, he shall
review the papers and determine to affirm the
recommendation of the Head of Department, to impose
any alternative disciplinary penalty, or to dismiss the
case.

12. After the Head of the Civil Service has reviewed a case
pursuant to paragraph 11, he shall proceed to determine
the matter and, where he does impose a disciplinary
penalty, he shall inform the officer accordingly by notice
in writing, setting forth in the notice a statement of the
officer's rights of appeal.

13. Any officer who is aggrieved by a disciplinary award of a
misconduct penalty by the Head of Department may,
within fourteen days of receiving notice of disciplinary


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20



award, appeal to the Head of the Civil Service by giving
notice in writing to the Head of the Civil Service.

14. Where an appeal is made pursuant to paragraph 13, the
Head of the Civil Service shall conduct a hearing and,
after giving the officer full opportunity to be heard or to
make representations, shall determine the matter and
may affirm, reverse or vary the disciplinary award and
shall inform the officer accordingly by notice in writing.

15. The decision of the Head of the Civil Service on an
appeal is final.



SECOND SCHEDULE (Reg. 24(2))

PROCEDURE FOR HANDLING CASES OF ALLEGED
GROSS MISCONDUCT



1. The Head of Department shall prepare a written
statement of the alleged offence and give a copy to the
officer in question.

2. The Head of Department shall afford the officer the
opportunity to meet him to discuss the allegation and
present the officer's side of the matter. A representative
of the Director and also, where appropriate, the officer's
job supervisor shall be present at any such meeting.
The officer may have a trade union representative or a
friend present to assist him if he so wishes.

3. After the meeting referred to in paragraph 2, the Head of
Department shall—

(a) determine whether the allegation should be
dismissed. If he so decides, he shall inform the
officer by notice in writing accordingly; or

(b) send a report in writing to the Head of the Civil
Service pursuant to section 7.4 of the Code and
recommend a disciplinary penalty.

4. Where a case has been referred to the Head of the Civil
Service under sub-paragraph (b) of paragraph 3, he shall
review the papers and determine whether—


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21



(a) he will affirm the recommendation of the Head of
Department; or

(b) he will deal with the case himself and determine
the appropriate penalty;

5. Where the Head of the Civil Service determines to deal
with the case himself he shall conduct a hearing, after
giving at least fourteen days' notice of the date, time and
place of the hearing to the officer.

6. The officer shall appear before the Head of the Civil
Service in person and may have a trade union
representative or friend to assist him if he wishes.

7. The Head of the Civil Service shall give the officer full
opportunity to be heard or to make representations and
shall, after hearing both sides, determine the matter.

8. Where the Head of the Civil Service imposes a
disciplinary penalty, he shall inform the officer
accordingly by notice in writing, setting forth in the
notice a statement of the officer's rights of appeal to the
Commission under these Regulations.





Made this 21st day of November, 2001





Governor