Public Service (Delegation of Powers) Order

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1975/1975-0002/PublicServiceDelegationofPowersOrder_1.pdf
Published: 1975-01-01

Public Service (Delegation of Powers) Order
THE CONSTITUTION 27




LRO 1/2010 STATUTE LAW OF THE BAHAMAS

PUBLIC SERVICE (DELEGATION OF POWERS)
ORDER

(ARTICLE 110)
1. This Order may be cited as the Public Service

(Delegation of Powers) Order.
2. The power —
(a) to appoint on probation or on temporary terms,

other than a contract officer (as defined in
section 2 of the Public Service Act) or on
promotion or transfer, to any office specified in
Part I of the Schedule to this Order;

(b) to remove any such officer from any such office
or to exercise disciplinary control over any such
officer holding any such office save in any case
where the officer has been convicted on the
same facts of a criminal offence; and

(c) to grant, defer or withhold any increment of any
officer serving in any such office other than an
officer appointed on temporary terms or on
probation,

shall be exercisable, subject to the provisions of this Order,
by the officers for the time being lawfully exercising the
functions of the offices specified in Part II of the said
Schedule in respect of the Ministries and Departments of
Government with which they are respectively concerned.

S.I. 2/1975
S.I. 16/1977
S.I. 8/1989
S.I. 109/1991
S.I. 3/2008

Citation.

Delegation of
powers.

Ch. 39.

Schedule.

S.I. 16/1977,
para. 2.

28 THE CONSTITUTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

3. The powers conferred upon officers by paragraph
2 of this Order shall be exercised in accordance with the
terms of any relevant regulations at the time in force under
Article 125(1) of the Constitution, subject to the following
conditions and restrictions —

(a) every appointment shall be made at the minimum
of the salary scale or at a salary previously
determined with the agreement, of, and con-
firmed in writing by, the Public Service Commis-
sion;

(b) every appointment other than a temporary
appointment shall be on probation for twelve
months and confirmation of appointment after
completion of probation shall in all cases be
referred to the Public Service Commission;

(c) every temporary appointment shall be on a daily,
weekly or monthly basis;

(d) no appointment shall be made of any person
who has been convicted of a criminal offence
without prior consultation with the Director of
Public Personnel;

(e) in any case where an officer exercises any of the
powers delegated to him under this Order he
shall without delay make a report in duplicate to
the Director of Public Personnel and a copy of
such report shall be forwarded to the Public
Service Commission; in the case of first appoint-
ments the report shall be accompanied by
completed Application for Employment Forms.

4. The power to appoint an officer in accordance
with the provisions of section 17(1) of the Public Service
Act, to discharge the duties of an office of responsibility (as
defined in section 16 of that Act) other than the office of
Head or Deputy Head of a Department shall be exercisable
by the officers specified in Part II of the Schedule to this
Order in respect of the Ministries and Departments of
Government with which they are respectively concerned:–
Provided that no such appointment shall be made for any
period in excess of four weeks:

Provided further that the officer so appointed shall —
(a) be the senior officer in the Ministry or Depart-

ment in the rank of the office of responsibility in
which he is to act; and

Conditions of
exercise of
powers.

Acting
appointment.
Ch. 39.

Schedule.

THE CONSTITUTION 29




LRO 1/2010 STATUTE LAW OF THE BAHAMAS

(b) be fully qualified in every way to discharge the
duties of that office.

5. Any officer other than an officer on hourly or
daily rates of pay or who has completed less than fifty-two
weeks of continuous service on weekly rates may appeal to
the Public Service Commission in accordance with the
provisions of any relevant regulation at the time in force
under Article 125(1) of the Constitution against any
decision in any disciplinary proceedings taken against him
under the authority of the foregoing provisions of this
Order, and it shall be the responsibility of the officer
conducting such proceedings to inform the officer con-
cerned of such right of appeal.

6. The power —
(a) to appoint to the office of prison officer, shall be

exercisable by the officer for the time being
lawfully exercising the functions of the office of
Superintendent of Prisons;

(b) to exercise disciplinary control over any person
holding the office of prison officer, shall be
exercisable by the respective officers for the time
being lawfully exercising the functions of the
offices of Superintendent of Prisons, Deputy
Superintendent of Prisons and Assistant Super-
intendent of Prisons;

and any such power shall be exercisable subject to and in
accordance with the provisions of the Prisons Act and any
subsidiary legislation made thereunder.

7. The power to interdict any public officer, other
than a public officer holding an office referred to in Article
109(1) of the Constitution or specified in Part II of the
Schedule to this Order, from the exercise of the powers and
functions of his office in accordance with regulation 37 of
the Public Service Commission Regulations, shall be
exercisable by the Director of Public Personnel.

8. Nothing in this Order contained shall authorise
the exercise of disciplinary control in respect of any matter
in respect of which an officer has been convicted of a
criminal offence, or the requiring of any officer to retire in
the public interest.

Appeals to Public
Service
Commission.

Delegation to
officers of or
above the rank of
Assistant
Superintendent
of Prisons.
S.I. 8/1989.

Ch. 208.

S.I. 8/1989.

Delegation of
power of
interdiction.

Limitation of
disciplinary
powers.

30 THE CONSTITUTION





STATUTE LAW OF THE BAHAMAS LRO 1/2010

9. Nothing in this Order contained shall be construed
to prevent the exercise by the Governor-General acting on the
advice of the Public Service Commission of any power the
exercise of which has been delegated under the Order.

SCHEDULE (Paragraphs 2 and 4)
PART I

(a) Any officer remunerated at hourly, daily or weekly rates
and provided for in the Estimates under the heading “Other
Charges” or “Special Expenditure” or “Non-recurrent
Expenditure”;

(b) any office marked in the Estimates as being within Scales
AF12, C1, D14, F18, FS7, H10, M, T, TR11, U11, or W14;

(c) any non-pensionable office for which provision is made in
the Estimates at a salary per annum of less than the basic
minimum salary of the scales listed in paragraph (b) above;

(d) any office marked in the Estimates as being within the
following scales —

(i) N10 — N9;
(ii) N7 at a salary not exceeding the basic minimum;
(iii) S13;
(iv) S10 at a salary not exceeding the basic minimum.

PART II
Secretary to Cabinet
Financial Secretary
Director of Legal Affairs
Permanent Secretary
Director of Public Personnel
Commissioner of Police
Auditor General
Registrar, Supreme Court
Registrar, Court of Appeal
Secretary to the Service Commissions Clerk, House of Assembly

Saving of powers
of Governor-
General.

S.I. 16/1977.

S.I. 109/1991.

S.I. 109/1991.

S.I. 3/2008.
Read Entire Law on laws.bahamas.gov.bs