Public Service Commission Act (Montserrat)

Public Service Commission Act

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Public Service Commission Act
MONTSERRAT

CHAPTER 1.06
PUBLIC SERVICE COMMISSION ACT and Subsidiary Legislation

Revised Edition showing the law as at 1 January 2008
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
Page PUBLIC SERVICE COMMISSION ACT 3 Act 8 of 1960 .. in force 1 January 1960 Amended by Acts: 23 of 1961 2 of 1967 17 of 1968 13 of 1971 15 of 1975 25 of 1980 4 of 2003
PUBLIC SERVICE COMMISSION REGULATIONS – Section 6 9 S.R.O. 37/1980 .. in force 23 July 1980 Amended by S.R.O.s.: 27/1984
72/2003 NOTE: From time to time, General Orders for the Public Service of Montserrat
are issued. They are not legislative in character and are not included in this Revised Edition.

MONTSERRAT

CHAPTER 1.06
PUBLIC SERVICE COMMISSION ACT and Subsidiary Legislation

Revised Edition showing the law as at 1 January 2008
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws—
Page PUBLIC SERVICE COMMISSION ACT 3 Act 8 of 1960 .. in force 1 January 1960 Amended by Acts: 23 of 1961 2 of 1967 17 of 1968 13 of 1971 15 of 1975 25 of 1980
4 of 2003
PUBLIC SERVICE COMMISSION REGULATIONS – Section 6 9 S.R.O. 37/1980 .. in force 23 July 1980 Amended by S.R.O.s.: 27/1984
72/2003 NOTE: From time to time, General Orders for the Public Service of Montserrat
are issued. They are not legislative in character and are not included in this Revised Edition.
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CHAPTER 1.06
PUBLIC SERVICE COMMISSION ACT
ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Public Service Commission 4. Appointment, etc., of public officers 5. Delegation of Governor’s powers 6. Regulations regarding Public Service Commission 7. Exercise of Governor’s functions 8. Reports and statements or other communications of the Commission to
be privileged 9. Protection of members from legal proceedings 10. Improper influence 11. Wilfully supplying false information to Commission
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CHAPTER 1.06
PUBLIC SERVICE COMMISSION ACT
(Acts 8 of 1960, 23 of 1961, 2 of 1967, 17 of 1968, 13 of 1971, 15 of 1975, 25 of 1980 and 4 of 2003)
Commencement
[1 January 1960]
Short title 1. This Act may be cited as the Public Service Commission Act.
Interpretation 2. (1) In this Act—
“the Judicial and Legal Services Commission” means the Judicial and Legal Services Commission established by the West Indies Associated States Supreme Court Order 1967*.
* U.K. Statutory Instrument 2231 of 1967.
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(2) For the purposes of this Act, “public office” does not include office as a member of any board, panel, committee or other similar body (whether incorporated or not) established by any law for the time being in force in Montserrat.
(Amended by Acts 2 of 1967 and 17 of 1968)
Public Service Commission 3. (1) There shall be in and for Montserrat a Public Service
Commission (hereinafter in this Act referred to as “the Commission”) which shall consist of a Chairman and such number of other members, not being less than two nor more than four, as the Governor, acting in his discretion, may from time to time decide.
(2) The members of the Commission shall be appointed by the Governor, acting after consultation with the Chief Minister, by instrument under the Public Seal of Montserrat.
(3) No person shall be qualified to be appointed as a member of the Commission if he holds or is acting in any public office other than the office of member of the Judicial and Legal Services Commission.
(4) The office of a member of the Commission shall become vacant—
(a) at the expiration of five years from the date of his appointment or such earlier time as may be specified in the instrument by which he is appointed;
(b) if he resigns his office by writing under his hand addressed to the Governor;
(c) if he is appointed to or to act in any public office other than the office of member of the Judicial and Legal Services Commission;
(d) if the Governor, acting in his discretion, directs that he shall be removed from office for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.
(5) If the office of a member of the Commission is vacant or a member is for any reason unable to perform the functions of his office, the Governor, acting after consultation with the Chief Minister, may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission, and any person so appointed shall, subject to the provisions of the preceding subsection, continue to act until he is notified by the Governor, acting in his discretion, that the circumstances giving rise to the appointment have ceased to exist.
(6) There shall be charged on the revenues of Montserrat and paid thereout to the members of the Commission such salary as may be prescribed by any law for the time being in force in Montserrat:
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Provided that the salary of a member of the Commission shall not be reduced during his continuance in office.
(Amended by Act 2 of 1967)
Appointment, etc., of public officers 4. (1) Save as otherwise provided by this Act, power to make
appointments to public offices and to dismiss and to exercise disciplinary control over persons holding or acting in any such offices is hereby vested in the Governor acting after consultation with the Commission:
Provided that— (a) before making an appointment to the office of any Permanent
Secretary of a Ministry or Head or Deputy Head of a Department of Government on transfer from another such office carrying the same salary the Governor shall also consult the Chief Minister; and
(b) before exercising any power conferred by this section in relation to the office of the senior audit officer (by whatever name called) of Montserrat, the Governor shall also seek the approval of a Secretary of State.
(Amended by Act 13 of 1971)
(2) The Commission shall undertake and perform such functions and duties as are assigned to the Commission under the Police Act. (Inserted by Act 2 of 1967)
Delegation of Governor’s powers 5. (1) The Governor, acting after consultation with the Commission,
may, by instrument under the Public Seal of Montserrat, direct that, subject to such conditions as may be specified in that instrument, power to make appointments to such offices, being offices to which this section applies, as may be specified in that instrument and power to dismiss and power to exercise disciplinary control over persons holding or acting in those offices or any of those powers, shall (without prejudice to the exercise of such powers by the Governor acting after consultation with the Commission) be exercisable by such one or more members of the Commission or by such other authority or public officer as may be so specified.
(2) The offices to which this section applies are offices in respect of which—
(a) the Governor has power to make appointments under the last foregoing section; and
(b) the maximum annual emoluments attaching to the office do not for the time being exceed such sum as the Governor after consultation with the Public Service Commission may prescribe by Order.
(Amended by Acts 15 of 1975 and 25 of 1980)
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Regulations regarding Public Service Commission 6. Subject to the provisions of this Act, the Governor, acting after
consultation with the Commission, may make regulations for giving effect to the three last foregoing sections and, without prejudice to the generality of the foregoing power, may by such regulations provide for any of the following matters, that is to say—
(a) the organization of the work of the Commission and the manner in which it shall perform its functions;
(b) consultation by the Commission with persons or authorities, other than members of the Commission;
(c) the appointment, tenure of office and terms of service of staff to assist the Commission in the performance of its functions.
Exercise of Governor’s functions 7. (1) When the Governor is directed by this Act to exercise any
function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority.
(2) When the Governor is directed by this Act to exercise any function after consultation with any person or authority, the question whether he has so exercised that function shall not be enquired into in any court.
(3) The Governor shall not be obliged to obtain the advice of the Executive Council of Montserrat in relation to the exercise of any function conferred upon him by this Act which is expressed to be exercisable by him in his discretion.
Reports and statements or other communications of the Commission to be privileged
8. Except with the consent of the Governor signified in writing, no person shall in any legal proceedings produce or be permitted to give secondary evidence as to the contents or nature of any letter, statement, report or other document or any oral information addressed, made or given—
(a) to the Commission by or on behalf of the Governor or the Head of any Government Department for the purpose of enabling the Commission to discharge any of their duties under this Act; or
(b) by the Commission to the Governor or the Head of any Government Department in relation to any matter concerning or arising out of the duties of the Commission.
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Protection of members from legal proceedings 9. The Chairman and any other member of the Commission shall have
such and the like protection and privileges in case of any action or suit brought against him for any act done or omitted to be done or words spoken in the execution of his duty as is by law given to any Judge of the High Court in the exercise of his judicial office.
(Amended by Act 17 of 1968)
Improper influence 10. 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 other member of the Commission shall be guilty of an offence against this Act and upon summary conviction shall be liable to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months:
Provided that nothing in this section shall prohibit any person who may properly do so from giving a certificate or testimonial to any applicant or candidate for any public office or from supplying any information or assistance upon formal request by the Commission. (Amended by Act 4 of 2003)
Wilfully supplying false information to Commission 11. Any person who, in connection with any matter upon which the
Governor is empowered to act after consultation with the Commission, wilfully gives to the Commission or to any member thereof or to any person or authority (other than the Commission or any member thereof) with whom the Commission may lawfully consult, any information which is false by reason of the falsity of, or by reason of the omission of, a material particular, shall be guilty of an offence against this Act and upon summary conviction shall be liable to imprisonment for a term not exceeding one year or to a fine not exceeding $2,000. (Amended by Act 4 of 2003)
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PUBLIC SERVICE COMMISSION REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY

REGULATION 1. Short title 2. Interpretation 3. Application
PART II
THE PUBLIC SERVICE COMMISSION
4. Oath of Office 5. Allowances to members 6. Meetings 7. Procedure and quorum 8. Circulation of papers 9. Record of meetings and decisions 10. Consultation with other persons 11. Failure to comply with request from Commission 12. Disclosures 13. Obligation to conform with Regulations 14. Obligation to hear Permanent Secretary, Head of Department or authorised
officer 15. Irregular representation
PART III
APPOINTMENTS AND PROMOTIONS
16. Functions of the Commission with regard to appointments and promotions 17. Supervision of selection of persons for training 18. Reporting of vacancies 19. Advertisement of vacancies 20. Principles of selection for promotion 21. Seniority lists 22. Commencing salary 23. Principles of selection for an acting appointment as a prelude to appointment
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24. Principles of selection for an acting appointment not as a prelude to appointment
25. Procedure for appointments 26. Selection Boards 27. Selection for scholarships and courses 28. Confidential reports to assist Commission
PART IV
PROBATIONARY APPOINTMENTS
29. Probationary service 30. Incremental date where period of probation is extended
PART V
DETERMINATION OF APPOINTMENTS
31. Abandonment of office 32. Reasons for termination of appointment 33. Resignation 34. Retirement 35. Retirement in the public interest 36. Termination of appointment on abolition of office or for facilitating
improvement in the organisation of a Ministry or Department 37. Pension
PART VI
DISCIPLINE
38. Functions of the Commission with regard to discipline 39. Regulations to govern disciplinary proceedings 40. Grounds for criminal proceedings 41. Suspension 42. Copies of evidence of inquiry 43. Disciplinary action after acquittal of criminal charge 44. Officer convicted of a criminal offence 45. Non-payment of emoluments on conviction of a criminal offence 46. Disciplinary penalties 47. Deferment and withholding of increments 48. Proceedings for misconduct not warranting dismissal of officers 49. Proceedings for misconduct not warranting dismissal where powers of
disciplinary control have been delegated to an authorised officer 50. Proceedings for misconduct warranting dismissal of officers
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51. Proceedings for dismissal of officers where powers of dismissal have been delegated to an authorised officer
52. Proceedings for discharge of temporary staff
PART VII
MISCELLANEOUS
53. Production of relevant documents, etc. 54. Correspondence 55. Service of documents SCHEDULE: Forms
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PUBLIC SERVICE COMMISSION REGULATIONS – SECTION 6
(S.R.O.s 37/1980, 27/1984 and 72/2003)

Commencement
[23 July 1980]
PART I
PRELIMINARY
Short title
1. These Regulations may be cited as the Public Service Commission Regulations.
Interpretation
2. In these Regulations, unless the context otherwise requires—
“Act” means the Public Service Commission Act;
“acting appointment” means the temporary appointment of an officer whether on promotion or otherwise to a higher office whether or not that office is vacant;
“appointment” means the conferment of an office of emolument in the public service upon a person;
“authorised officer” means one or more members of the Commission or an authority or a public officer to whom the powers of the Commission have been delegated pursuant to section 5 of the Act;
“Chairman” means the Chairman of the Commission and includes an acting Chairman and a member presiding at meetings of the Commission;
“Chief Establishment Officer” means the person appointed to the post or to act in the post of Permanent Secretary in the department responsible for the public service;
“Commission” means the Public Service Commission constituted under section 3 of the Act;
“member” means any person appointed to the Commission under the provisions of the Act and includes any temporary member;
“office of emolument” means any pensionable or non-pensionable post which is shown under a Personal Emolument subhead in the recurrent Estimates of Montserrat;
“officer” means a person holding or acting in a public office;
“pension law” means the Pensions Act and any Regulations made thereunder;
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“Permanent Secretary” shall include reference to the Financial Secretary;
“prescribed form” means the appropriate form as may from time to time be prescribed by the Governor;
“public office” means an office of emolument in the public service;
“public service” means the service of the Crown in a civil capacity in respect of the Government of Montserrat;
“regulation” means one of these Regulations;
“salary” means basic salary;
“Schedule” means the Schedule to these Regulations;
“Secretary” means Secretary to the Commission.
Application
3. These Regulations shall apply in relation to all offices in the public service except—
(a) the office of Attorney General;
(b) offices of which the holders are required to possess legal qualifications;
(c) the office of the principal audit officer of Montserrat;
(d) offices in a Naval, Military or Air Force constituted by or raised under any enactment;
(e) any office in the Royal Montserrat Police Force below the rank of Inspector.
(Amended by S.R.O. 27/1984)
PART II
THE PUBLIC SERVICE COMMISSION
Oath of Office
4. (1) The Chairman and other members of the Commission shall, as soon as possible after appointment, take the oath or make the affirmation set out in Form I of the Schedule.
(2) Every person appointed a member of the staff of the Commission shall, as soon as possible after appointment, take the oath or make the affirmation set out in Form II of the Schedule.
Allowances to members
5. The Chairman and members of the Commission shall be paid monthly allowances at such rate or rates as the Governor in his discretion may determine.
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Meetings
6. (1) The Commission shall meet as often as may be necessary for the purpose of performing its functions and such meetings shall be held on such days and at such time and place as the Chairman shall determine.
(2) Where a member fails to attend at least three consecutive meetings without a reasonable excuse the Chairman shall make a report to the Governor.
Procedure and quorum
7. (1) In the absence of the Chairman from any meeting the members present may elect one of their number to preside at that meeting.
(2) At any meeting of the Commission two members shall constitute a quorum and a like number of members shall be required for a decision of the Commission arrived at by the circulation of written papers.
(3) All questions for discussion at a meeting of the Commission shall be decided by a majority of the votes of the members present and voting:
Provided that the Chairman shall have an additional casting vote in any matter which he considers to be urgent.
Circulation of papers
8. (1) Notwithstanding regulation 7 but subject to paragraph (2) of this regulation questions may be decided by the Commission without a meeting, by circulation of the relevant papers among the members and the expression of their views in writing and in such cases the decision shall be the view of the majority of members expressing a view.
(2) If any member requires that a matter or question being dealt with by circulation of the relevant papers shall be reserved for consideration at the next following meeting of the Commission, no decision shall be made on the matter or question except at a meeting of the Commission.
Record of meetings and decisions
9. (1) The Secretary shall ensure that minutes of all meetings of the Commission and all decisions made under regulation 8 are recorded and that copies are presented for confirmation by the Commission as soon as practicable and thereafter forwarded to the Governor.
(2) Any member of the Commission who dissents from a decision may require that his dissent and reasons for dissenting be recorded in the minutes.
Consultation with other persons
10. The Commission in considering any matter or question may consult with any such public officer or other person as the Commission may consider proper and desirable and may require any public officer to attend for the purpose of assisting the Commission in its deliberations and producing official documents relating to such matter or question:
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Provided that in considering any matter or question regarding a police officer of the rank of Inspector or above, the Commission shall consult and require to attend a police officer of a rank senior to that of the police officer under discussion.
Failure to comply with request from Commission
11. Any public officer who without reasonable cause or excuse fails to appear before the Commission when required to do so, or who fails to comply with any requirement of these Regulations shall be guilty of a breach of discipline.
Disclosures
12. No member of the Commission nor the Secretary nor any member of the staff of the Commission nor any other person shall publish or disclose to any person otherwise than in the exercise of his official functions the contents of any document, communication or information whatsoever which has come to his notice in the course of his duties.
Obligation to conform with Regulations
13. The Commission shall not discharge its functions in connection with dismissal, the disciplinary punishment or the termination of appointment of any officer in the public service except in accordance with the provisions of these Regulations.
Obligation to hear Permanent Secretary, Head of Department or authorised officer
14. The Commission, at the request of a Permanent Secretary or Head of Department or authorised officer shall hear the Permanent Secretary or Head of Department or authorised officer in connection with any recommendation made by him to the Commission.
Irregular representation
15. In carrying out its duties under the provisions of the Commission and these Regulations, the Commission shall not take into account any representations made to it otherwise than in accordance with these Regulations.
PART III
APPOINTMENTS AND PROMOTIONS
Functions of the Commission with regard to appointments and promotions
16. (1) The Commission or authorised officer shall make recommendations to the Governor with respect to—
(a) appointments and promotions of suitable officers;
(b) the confirmation of individual officers in their appointments and the passing of promotional or efficiency bars.
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(2) The Commission may make any such recommendation in relation to any function notwithstanding that it has been delegated to an authorised officer.
Supervision of selection of persons for training
17. In order to perform its functions under regulation 16, the Commission or authorised officer shall supervise the selection of persons for admission to the public service, for the grant of study leave and for the award of scholarships for special training in the public service.
Reporting of vacancies
18. (1) When a vacancy occurs or it is known that a vacancy will occur in any public office in a Department or Ministry the fact shall be reported to the Chief Establishment Officer by the Head of Department, in the case of a vacancy in a Department or by the Permanent Secretary in other cases, provided that if the report is made by a Head of Department it shall be forwarded through the Permanent Secretary of his Ministry.
(2) The Permanent Secretary or Head of Department may recommend that either—
(a) the vacancy should be filled by the promotion of an officer serving in that Department or Ministry, and if the promotion of that officer would involve the supercession of any senior officer in the Department or Ministry, he will state the reasons for the supercession of such officer; or
(b) applications to fill the vacancy should be invited from serving officers or from both serving officers and suitably qualified persons from outside the public service. In this event he will attach to his report a draft advertisement setting out details of the vacant post and its duties and the qualifications for appointment.
(3) The Chief Establishment Officer will verify the details of the vacancy and will forward the report of the Permanent Secretary or Head of Department with his own comments thereon to the Governor. If the Governor approves the filling of the vacancy, the Chief Establishment Officer will forward the report to the Secretary, together with particulars of any serving officers whom he considers eligible to fill the vacancy.
Advertisement of vacancies
19. (1) The Secretary shall, when so directed by the Commission or authorised officer, by circular or by publication on the radio and in a newspaper, give notice of vacancies and any officer may make application for appointment to any such vacancy. Such application shall be forwarded to the Secretary through the Head of Department and Permanent Secretary under whose authority the applicant is serving.
(2) Where the Commission or authorised officer considers either that there is no suitable candidate already in the public service available for the filling of any vacancy or that having regard to qualifications, experience and merit it would be advantageous and in the best interest of the public service that the service of a person
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not already in the service be secured, the Commission shall take such steps (including advertisement of the existence of such vacancy) as it may think necessary for the filling of such vacancy:
Provided that no vacancy shall be advertised outside of the service without the agreement of the Governor.
Principles of selection for promotion
20. (1) In considering the eligibility of officers for promotion, the Commission or authorised officer shall take into account the seniority, experience, educational qualifications, merit and ability, together with relative efficiency or such officers and, in the event of an equality of efficiency, merit and ability of two or more officers, may give consideration to the relative seniority of the officers available for promotion to the vacancy.
(2) In the performance of its functions under paragraph (1) of this regulation the Commission or authorised officer shall take into account in deciding his suitability for promotion the following considerations—
(a) any special qualifications he may have;
(b) any special course of training that he may have undergone (whether at the expense of the Government or otherwise);
(c) his devotion to duty;
(d) the evaluation of his overall performance as reflected in annual confidential reports by any Permanent Secretary, Head of Department or other senior officer under whom the officer has worked during his service;
(e) any letters of commendation or special reports in respect of any special work done by the officer;
(f) the duties of which he has had knowledge;
(g) the duties of the office for which he is a candidate;
(h) the position of his name on the seniority list;
(i) any specific recommendation of the Chief Establishment Officer, Permanent Secretary and Head of Department for filling the particular post;
(j) any previous employment of his in the public service or otherwise;
(k) any special reports for which the Commission may call.
(3) In addition to the requirements prescribed in paragraphs (1) and (2) of this regulation the Commission shall consider any specifications that may be required from time to time for appointment to the particular post.
Seniority lists
21. (1) The Secretary shall keep up to date seniority lists of all officers holding offices in the several grades of the public service.
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(2) The seniority of an officer shall be determined by the date of his appointment to the particular grade within the range in which he is serving. The seniority of officers promoted to the same grade on the same date shall be determined by their seniority in their former grade.
(3) The seniority of an officer who resigns voluntarily from the public service and is subsequently reappointed shall be determined by the date of his reappointment.
Commencing salary
22. The Commission or authorised officer may recommend payment to an officer of a commencing salary at an incremental point higher than the minimum in the scale attaching to the office to which he is appointed or promoted.
Principles of selection for an acting appointment as a prelude to appointment
23. (1) A Permanent Secretary or Head of Department and the Chief Establishment Officer shall ensure that any recommendations made in relation to an acting appointment shall be based on the principles prescribed in regulation 20 of these Regulations.
(2) Where, in the exigencies of the public service, it has not been practicable to apply the principles prescribed in regulation 20 of these Regulations, an officer selected for an acting appointment in consequence of a recommendation made under paragraph (1) of this regulation shall not thereby have any special claim to the substantive appointment.
(3) In considering the claims of eligible candidates for substantive appointment, the Commission or authorised officer shall take into account the claims of all eligible officers.
Principles of selection for an acting appointment not as a prelude to appointment
24. (1) Where an acting appointment fails to be made otherwise than as a prelude to a substantive appointment, the officer appointed shall—
(a) as a general rule to be the senior officer in the Ministry or Department eligible for such acting appointment;
(b) assume and discharge the duties and responsibilities of the office in which he is appointed to act.
(2) In submitting any recommendations for an acting appointment, the Commission or authorised officer shall examine whether the exigencies of the service would best be served by transferring an officer from another Ministry or Department next in line of seniority to act when there is an officer in the Ministry or Department who is capable of performing the duties of the higher grade.
Procedure for appointments
25. (1) The Commission shall be responsible for the form and manner in which applications are to be made for appointments to public offices within its purview and for the conduct of any examinations for recruitment to such offices, and shall
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determine whether any candidate has the necessary qualifications for appointment to such offices.
(2) The Commission or authorised officer may interview candidates for appointment and shall consider in respect of each candidate—
(a) his educational qualifications;
(b) any previous employment of his in the public service or otherwise; and
(c) any reports for which the Commission may call from persons such as the principal, headmaster or headmistress of a candidate’s university, college or school or any referees named by the candidate.
Selection Boards
26. (1) The Governor, after consultation with the Commission, may from time to time appoint one or more Selection Boards to assist in the filling of vacancies in the public service or for the award of scholarships in discharge of its functions under regulation 17 and the composition of any such Board and the form in which its reports are to be submitted shall be in the discretion of the Governor.
(2) On consideration of any report of a Selection Board, the Commission may, in its discretion, summon for interview any of the candidates recommended by such Board.
Selection for scholarships and courses
27. The principles of selection for promotion shall be followed where it is desired to select an officer for a scholarship or a special course of training which is designed to fit him for a higher post or which may enhance his qualifications for promotion.
Confidential reports to assist Commission
28. In order to assist the Commission in performing its functions, Permanent Secretaries and Heads of Departments shall, in each year on or before the last day of February, furnish to the Chief Establishment Officer confidential reports in respect of officers serving in their Ministries or Departments. Such reports shall relate to the twelve months ended on the preceding 31st day of December.
PART IV
PROBATIONARY APPOINTMENTS
Probationary service
29. (1) On first appointment to the public service an officer will be required to serve a probationary period of two years unless a shorter term is specified.
(2) At any time during the period of probation the Commission or authorised officer may recommend the termination of employment of an officer.
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(3) At the end of the first twelve months during the probationary period, Permanent Secretaries or Heads of Departments shall submit to the Chief Establishment Officer a report on every officer so appointed on probation in their Ministries or Departments. Two months before the end of the probationary period, Permanent Secretaries or Heads of Departments shall submit a further report and recommendation—
(a) that the officer be confirmed in the appointment; or
(b) that the probationary period be extended; or
(c) that the officer’s service be terminated.
(4) If, after consideration of the final report of the Permanent Secretary or Head of Department, the Commission or authorised officer is satisfied that the service of an officer on probation has been satisfactory, the Commission or authorised officer shall recommend that he be confirmed in his appointment with effect from the date of appointment.
(5) If the Commission or authorised officer is not satisfied that the service of an officer on probation has been satisfactory, the Commission or authorised officer may recommend either the extension of the period of probation for a further period or termination of the appointment.
Incremental date where period of probation is extended
30. Where the period of probation of an officer has been extended and he is subsequently confirmed in his appointment, the Commission or authorised officer may recommend that the officer’s increment be paid—
(a) with effect from the date on which it was due; or
(b) with effect from the first day of the month following the date on which the extended period of probation expired without change in the incremental date; or
(c) with effect from the first day of the month following the date on which the extended period of probation expired, which would then become his incremental date.

PART V
DETERMINATION OF APPOINTMENTS
Abandonment of office
31. (1) An officer who is absent from duty without leave for a continuous period of one month, unless declared otherwise by the Governor, shall be deemed to have resigned his office and thereupon the office becomes vacant and the officer ceases to be an officer.
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(2) An officer who is absent from Montserrat without permission shall be liable to summary dismissal.
Reasons for termination of appointment
32. The services of an officer may be terminated only for the reasons stated hereafter—
(a) where the officer is confirmed in a permanent appointment—
(i) on dismissal or removal in consequence of disciplinary proceedings;
(ii) on compulsory retirement;
(iii) on voluntary retirement;
(iv) on retirement for medical reasons;
(v) on being retired in the public interest;
(vi) on resignation;
(vii) on abolition of office;
(b) where the officer holds appointment on probation—
(i) on the termination of appointment;
(ii) on dismissal or removal as a consequence of disciplinary proceedings;
(iii) on medical grounds;
(c) where the officer is on contract his services may be terminated in accordance with the terms of the contract.
Resignation
33. An officer who wishes to resign his appointment shall give due notice in writing of his intention to the Chief Establishment Officer, or where an authorised officer is empowered to accept such notice, to such authorised officer.
Retirement
34. (1) An officer whether holding a pensionable or non-pensionable post will be required to retire on attaining the age of 55 years:
Provided that in exceptional circumstances and in the public interest, a public officer may be recommended by the Commission or authorised officer to be re- employed in the public service after he has attained the age of compulsory retirement.
(2) Any officer may at any time after he has attained the minimum age specified in the pensions law for retirement, apply to the Governor for permission to retire and shall in his application state the grounds on which it is based.
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Retirement in the public interest
35. (1) Where it appears it is in the public interest that an officer should be retired from the public service, the Permanent Secretary or Head of Department (by letter forwarded through his Permanent Secretary) shall report the matter together with the reasons therefor to the Chief Establishment Officer for consideration by the Commission or authorised officer and the Commission or authorised officer shall recommend to the Governor whether or not such officer should be called up on to retire.
(2) Any such officer shall be afforded an opportunity of submitting to the Commission or authorised officer any representations he may wish to make regarding his proposed retirement and such representations shall be forwarded to the Governor.
Termination of appointment on abolition of office or for facilitating improvement in the organisation of a Ministry or Department
36. (1) Where a post has been abolished but one or more than one of such posts remains, the Permanent Secretary or Head of Department shall—
(a) if the post is one in respect of which the power to appoint has been delegated to an authorised officer recommend to the authorised officer which substantive holder of such post shall have his appointment terminated; and
(b) in any other case submit to the Chief Establishment Officer for consideration by the Commission, a report thereon containing his recommendations, with reasons therefor, as to which substantive holder of such post ought to have his appointment terminated; and the Commission shall make such recommendations thereon to the Governor as it may think proper (including if it thinks fit a recommendation that the officer concerned be transferred to another post not lower in status than that which has been abolished):
Provided that where a report made under this paragraph is made by a Head of Department it shall be submitted through the Permanent Secretary of the Ministry.
(2) Paragraph (1) of this regulation shall apply in relation to the termination of appointments for the purpose of facilitating improvements in the organisation of a Ministry or Department in order to effect greater efficiency or economy.
(3) Where a Permanent Secretary or Head of Department makes any recommendation under this regulation, the Commission or authorised officer shall notify the officer concerned in writing, and such officer may, within seven days of the receipt of the notification, make representations thereon. Any such representations shall be forwarded in their original form to the Commission or authorised officer, through the Permanent Secretary of the Ministry concerned, together with such comments as the Permanent Secretary or Head of Department thinks fit.
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Pension
37. Where the appointment of an officer is terminated under regulation 35 or 36 his service shall terminate on such date as the Governor may determine. The question of pension shall be dealt with under the provisions of the pensions law.
PART VI
DISCIPLINE
Functions of the Commission with regard to discipline
38. (1) The Commission or authorised officer, as the case may be, shall discharge its functions in regard to disciplinary proceedings against officers in the light of reports from Permanent Secretaries and Heads of Departments.
(2) Subject to paragraph (3) of this regulation, where the Commission or authorised officer is of the opinion that disciplinary proceedings should be instituted against an officer, the Commission or authorised officer may instruct that such proceedings be instituted.
(3) Where an offence against any law appears to have been committed by an officer, the Chief Establishment Officer shall obtain the advice of the Attorney General as to whether there are grounds for criminal proceedings being instituted against the officer concerned, and if the Attorney General advises that there are grounds, criminal proceedings shall be instituted, and the Commission or authorised officer shall not commence disciplinary proceedings until the determination of the criminal proceedings so instituted and the time allowed for an appeal from such determination has expired.
Regulations to govern disciplinary proceedings
39. (1) Any misconduct by an officer shall be dealt with under this Part of these Regulations as soon as possible after the time of its occurrence.
(2) Any case not covered by these Regulations shall be reported to the Commission who will refer it to the Governor for instructions as to how it is to be dealt with; and the case shall be dealt with in accordance with such instructions.
Grounds for criminal proceedings
40. Where upon preliminary investigation or a disciplinary inquiry an offence against any law appears to have been committed by an officer, the Commission or authorised officer shall suspend disciplinary proceedings and report the matter to the Chief Establishment Officer who shall consult the Attorney General as to whether there are grounds for criminal proceedings being instituted.
Suspension
41. (1) Where there have been or are about to be instituted against an officer—
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(a) disciplinary proceedings; or
(b) criminal proceedings,
and where the Commission or the authorised officer is of the opinion that the public interest requires that that officer should forthwith cease to perform the functions of his office, the Commission or the authorised officer may recommend his suspension from his duties.
(2) An officer so suspended shall, subject to the provisions of regulation 45, be permitted to receive such proportion of the salary of his office as the Governor may decide after considering the recommendation of the Commission or the authorised officer.
(3) If disciplinary proceedings against any such officer result in his exculpation, he shall be entitled to the full amount of the salary which he would have received if he had not been suspended from duty but if the proceedings result in any punishment other than dismissal the officer shall be allowed such salary as the Governor may decide after considering the recommendation of the Commission or the authorised officer.
(4) (Deleted by S.R.O. 72/2003)
Copies of evidence of inquiry
42. An officer in respect of whom a disciplinary inquiry is to be held shall be entitled without charge to him to receive copies of or be allowed access to any documentary evidence relied on for the purpose of the inquiry. He shall so be given upon request a copy of the evidence (including copies of documents tendered in evidence) after the inquiry is closed.
Disciplinary action after acquittal of criminal charge
43. An officer acquitted in any Court of a criminal charge shall not be dismissed or otherwise punished in respect of any charge of which he has been acquitted, but nothing in this regulation shall prevent his being dismissed or otherwise punished in respect of any other charge arising out of his conduct in the matter, unless such other charge is substantially the same as that in respect of which he has been acquitted.
Officer convicted of a criminal offence
44. If an officer is convicted in any court of a criminal offence, the Commission or authorised officer may consider the relevant proceedings of that Court and if the Commission or authorised officer is of the opinion that the officer ought to be dismissed or subjected to some lesser punishment in respect of the offence of which he has been convicted, the Commission or authorised officer may thereupon recommend the dismissal or other punishment of the officer without the institution of any disciplinary proceedings under these Regulations.
Non-payment of emoluments on conviction of a criminal offence
45. An officer convicted of a criminal offence involving dishonesty, fraud or moral turpitude or convicted of a criminal offence and sentenced to imprisonment
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shall not receive any of his emoluments after the date of such conviction pending consideration of his case by the Commission or the authorised officer.
Disciplinary penalties
46. (1) The penalties which may be imposed on an officer against whom a disciplinary charge has been established are—
(a) dismissal;
(b) reduction in rank;
(c) reduction in salary;
(d) deferment or withholding of increment;
(e) a fine not exceeding one month’s salary;
(f) severe reprimand;
(g) reprimand.
(2) Where a fine is imposed the amount of such fine shall be deducted from the salary of the officer by such instalments as may be specified at the time the penalty is imposed.
Deferment and withholding of increments
47. (1) The grant of an increment in terms of General Order 406 will be prejudiced by—
(a) lack of efficiency;
(b) unsatisfactory service or conduct; or
(c) failure to pass an examination the passing of which is made a condition for the grant of increment.
(2) Where a Permanent Secretary or Head of Department considers that for any of the reasons specified in sub-paragraph (a) or (b) of paragraph (1) of this regulation an officer’s increment ought not to be granted he shall—
(a) notify the officer in writing at least one month before the date on which the increment is due of the reasons for which he considers that the increment ought not to be granted; and
(b) report the matter to the Commission or the authorised officer through the Chief Establishment Officer for a recommendation to the Governor as to whether the payment of the increment ought to be made on the date on which it becomes due.
(3) In making a recommendation for the deferment or withholding of an increment the Permanent Secretary or Head of Department shall take-into account the gravity of the original misconduct or dereliction of duty, if any, and the nature of the officer’s subsequent behaviour or his present degree of efficiency.
(4) An increment may be deferred for a period not exceeding twelve months and shall be payable from the date on which it is restored.
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(5) Where an increment has been withheld the Governor on the recommendation of the Commission or the authorised officer may at any subsequent incremental date grant to the officer concerned a special increment in addition to his ordinary increment.
Proceedings for misconduct not warranting dismissal of officers
48. (1) Where—
(a) it is represented to the Commission that an officer has been guilty of misconduct; and
(b) the Commission is of the opinion that the misconduct alleged is not so serious as to warrant proceedings with a view to dismissal;
the Commission may cause an inquiry to be made into the matter in such manner as it may think proper; and the officer shall be entitled to know the whole case made against him, and shall be given an adequate opportunity of making his defence.
(2) If, after inquiry, the Commission is of the opinion that the alleged misconduct is proved it may recommend to the Governor such punishment other than dismissal as may seem just.
Proceedings for misconduct not warranting dismissal where powers of disciplinary control have been delegated to an authorised officer
49. (1) Where—
(a) it is represented to an authorised officer to whom power to exercise disciplinary control has been delegated that an officer holding an office in respect of which such powers have been delegated has been guilty of misconduct; and
(b) the authorised officer is of the opinion that the misconduct alleged is not so serious as to warrant proceedings with a view to dismissal;
the authorised officer (or the Commission at the request of the Governor) may cause an inquiry to be made into the matter; and the officer whose conduct is under inquiry shall be entitled to know the whole case made against him and shall be given an adequate opportunity of making his defence.
(2) If, after inquiry, the authorised officer is of the opinion that the alleged misconduct is proved, he may recommend to the Governor such punishment other than dismissal as may seem just.
Proceedings for misconduct warranting dismissal of officers
50. (1) Except in a case of summary dismissal in accordance with regulation 31 (2) or dismissal in accordance with regulation 44, an officer may be dismissed only in accordance with the procedure prescribed by this regulation or by regulation 51.
(2) Except where powers of recommending dismissal have been delegated to an authorised officer, the following procedure shall apply to an inquiry with a view to the dismissal of an officer—
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(a) the Commission (after consultation with the Attorney General if necessary) shall cause the officer to be notified in writing of the charge and called upon to state in writing before a specified day (which day shall allow a reasonable interval for the purpose) any grounds upon which he relies to exculpate himself;
(b) if the officer does not furnish such a statement within the time so specified or if he fails to exculpate himself the Commission may either inquire into the charges or may recommend to the Governor the appointment of a Tribunal to inquire into the charges. A Tribunal so appointed shall consist of not less than three persons selected with due regard to the standing of the officer concerned, and to the nature of the charges made against him;
(c) the Commission or Tribunal shall inform the officer charged that on a day specified they will inquire into the charges and that he will be permitted to appear and defend himself;
(d) if witnesses are examined by the Commission or Tribunal the officer shall be given an opportunity of being present and of putting questions to the witnesses on his own behalf, and no documentary evidence shall be used against him unless he has previously been supplied with a copy thereof or given access thereto;
(e) the Commission or Tribunal may in its discretion permit the officer charged and the person or authority preferring the charges to be represented by a public officer or by a solicitor or counsel, and may at any time, subject to such adjournment as in the circumstances may be necessary, withdraw such permission;
(f) if during the course of the inquiry further grounds of dismissal are disclosed, the Commission or Tribunal shall cause the officer to be furnished with a written charge in respect thereof and the same steps to be taken as those prescribed by this regulation in respect of the original charge;
(g) if having heard the evidence in support of the charges the Tribunal is of the opinion that the evidence is insufficient it may report accordingly to the Commission without calling upon the officer for his defence;
(h) the Tribunal, having completed its inquiry, shall forward to the Commission a report on its findings together with the record of the charges framed, the evidence led, the defence and all material documents relating to the inquiry. The report shall include—
(i) a statement whether in the opinion of the Tribunal the officer has or has not committed the offence or offences charged and a brief statement of the reason for their opinion;
(ii) details of any matters which in the opinion of the Tribunal aggravate or mitigate the gravity of the case;
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(iii) a summing up and such comments as will indicate clearly the opinion of the Tribunal on the matter under inquiry;
(i) a Tribunal shall not make any recommendation regarding any punishment to be imposed;
(j) the Commission after consideration of the report of a Tribunal may if it is of the opinion that the report should be amplified in any respect or that further inquiry is desirable, refer any matter back to a Tribunal for further inquiry or report accordingly;
(k) the Commission after concluding its own inquiry or after consideration of the report of a Tribunal (or of any further report called for under the provisions of the preceding sub-paragraph), shall make recommendation to the Governor as to the punishment, if any, which should be imposed upon the officer;
(l) if the Commission is of the opinion that the proceedings disclose other grounds for removing the officer from the service in the public interest it may recommend to the Governor that an order be made accordingly.
(3) Where an officer charged under this regulation admits in writing the facts giving rise to the charges, it shall not be necessary to hold an inquiry or investigation under this regulation unless in the opinion of the Commission such inquiry or investigation is likely to find such circumstances as may modify the view taken of and the punishment to be imposed for the offence.
Proceedings for dismissal of officers where powers of dismissal have been delegated to an authorised officer
51. The following procedure shall apply to an inquiry with a view to dismissal of an officer holding an office in respect of which the powers of the Commission have been delegated to an authorised officer—
(a) the authorised officer shall cause an inquiry to be made in such manner as he may think proper, provided that the officer against whom the proceedings are instituted shall be informed in writing of the charge against him and shall be called upon to state in writing within seven days of the delivery to him of the written charge any grounds upon which he relies to exculpate himself, and provided that the officer shall be entitled to know the whole case made against him and shall have an adequate opportunity throughout of making his defence;
(b) the authorised officer shall consider the charge, the written reply if any, the evidence in support of the charge and any evidence, tendered by the officer in his defence;
(c) if the authorised officer finds that the charge has not been established he shall so inform the Governor;
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(d) if the authorised officer finds that the charge has been established, he shall so inform the Governor together with a recommendation as to the penalty to be imposed upon the officer;
(e) the record of proceedings held under this regulation shall be forwarded without delay to the Chief Establishment Officer.
Proceedings for discharge of temporary staff
52. The following procedure shall apply only to temporary staff—
(a) the authorised officer may after such informal inquiry as he may think fit forthwith discharge any temporary employee if he is satisfied that such employee is guilty of misconduct;
(b) the authorised officer may, without an inquiry being held or without giving any reason therefore, discharge a temporary employee by giving him 2 weeks notice (or such other notice as may be specified in the letter of appointment) or two weeks salary in lieu of notice.

PART VII
MISCELLANEOUS
Production of relevant documents, etc.
53. Any public officer who submits any matter for the consideration of the Commission or the authorised officer shall ensure that all relevant documents and papers are made available and the Commission or the authorised officer may require the production of any further documents or information relevant to the matter under consideration.
Correspondence
54. All correspondence for the Commission or the authorised officer from Permanent Secretaries and Heads of Departments and other persons shall be addressed to the Secretary, unless otherwise provided by these Regulations.
Service of documents
55. Where under these Regulations—
(a) it is necessary either—
(i) to serve any notice, charge or other document upon a public officer; or
(ii) to communicate any information to any public officer by reason of such officer having absented himself from duty; and
(b) it is not possible to effect such service upon or communicate such information to such officer personally; it shall be sufficient if such
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notice charge, or other document or letter containing such information, be served upon such officer by registered post to his last known address.
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SCHEDULE
(Regulation 4)
FORMS
FORM I
OATH OF OFFICE
I ................................................................................................................ having been appointed Chairman/a member of the Public Service Commission of Montserrat do swear/solemnly and sincerely declare and affirm/that I will faithfully and without fear or favour, affection or ill-will execute the functions of that office and that I will not directly or indirectly reveal to any unauthorised person or persons or otherwise than in the course of duty, any information which comes to my knowledge in connection with the work of the Commission.
(Signed) ....................................................
Sworn/Declared before me this ....................... day of .................…………, 20.......... .

Magistrate or Justice of the Peace ___________

FORM II
I ........................................................................................................ do swear/solemnly and sincerely declare and affirm/that I will not directly or indirectly reveal to any unauthorised person or persons or otherwise than in the course of duty, any information in connection with the business of the Commission which may come to the said Commission.
(Signed) ...........................................
Sworn/Declared before me this ........................ day of .................…………, 20.......... .

Magistrate or Justice of the Peace ___________