Public Service Board of Appeal Regulations

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1991/1991-0090/PublicServiceBoardofAppealRegulations_1.pdf
Published: 1991-11-01

Public Service Board of Appeal Regulations
32 THE CONSTITUTION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. (1) No appeal shall lie to the Board at the
instance of any public officer, who, at the date of the
recommendation in respect of which it is sought to appeal,
is the substantive holder of an office in the approved salary
scales the emoluments of which do not exceed the
following amounts —


office in Scale C 3,900 dollars;
office in Scale S or S1 4,100 dollars;
office in Scale N or N2 65,000 dollars;
any other office 5,000 dollars.


(2) For the purposes of this regulation any officer
appointed upon monthly, weekly or hourly rates of pay
shall be deemed to be the holder of an office the
emoluments of which are equal to the annual value of his
appointment.

4. No appeal shall lie to the Board against any
recommendation for the imposition upon any officer of any
of the following penalties —

(a) deferment of increment;
(b) withholding of increment;
(c) reprimand.

PUBLIC SERVICE BOARD OF APPEAL
REGULATIONS, 1991

(ARTICLE 115)
[Commencement 1st November, 1991]

1. These Regulations may be cited as the Public
Service Board of Appeal Regulations, 1991.

2. In these Regulations, unless the context otherwise
requires —

“Article” means Article of the Constitution;
“authority” means —

(a) any officer to whom power has been
delegated in accordance with the provisions
of Article 110; or

Appeals by
certain classes of
officer excluded.

Appeals against
certain penalties
excluded.

S.I. 90/1991

Citation.

Interpretation.

THE CONSTITUTION 33


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(b) any tribunal appointed in accordance with the
provisions of subparagraph (b) of paragraph
(3) of Article 120, or subparagraph (a) of
paragraph (10) of Article 136;

“Board” means the Public Service Board of Appeal
constituted by the provisions of paragraph (1) of
Article 114;

“Chairman” means the person appointed in accordance
with the provisions of subparagraph (a) of
paragraph (1) of Article 114 as Chairman of the
Public Service Board of Appeal and includes any
person duly appointed to act as Chairman;

“emoluments” means gross salary but does not
include any non-pensionable allowance;

“legal representative” has the meaning assigned
thereto by subparagraph (a) of paragraph (6) of
Article 124;

“notice of appeal” in Part II means any request for a
hearing or any representation made by an
applicant under subparagraph (a) of paragraph
(3) of Article 124;

“Secretary” means the Secretary to the Board.

PART I
APPEALS IN RESPECT OF DECISIONS

IN DISCIPLINARY CASES
3. (1) Every appeal to the Board against a decision

referred to in paragraph (1) of Article 115 shall be made in
writing and be signed by the public officer concerned or by
his Legal Representative.

(2) Every notice of appeal shall be lodged at the
office of the Secretary within the period of twenty-eight
days after the date upon which the officer received written
notice of the decision in respect of which the appeal is
made.

(3) Every notice of appeal shall include an address
for correspondence where the officer concerned may readily
be contacted and shall, if possible, include a Post Office Box
number.

4. Upon receipt of a notice of appeal lodged in
accordance with regulation 3, the Secretary shall obtain
from the Permanent Secretary of the Ministry of Public


Time and manner
of lodging
appeals.

Procedure on
receipt of notice
of appeal.

34 THE CONSTITUTION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Personnel, the personal file relating to the officer
concerned and such other information as may be
considered relevant and shall forward the same to the
Chairman.

5. (1) The Board shall sit at such time and in such
places as may be convenient for the purpose of hearing any
appeal and shall notify the officer in writing of the
proposed time and place of the hearing at least seven days
in advance thereof.

(2) Notification of the hearing shall be given to the
officer by sending to him —

(a) by registered post to the address for
correspondence specified under paragraph (3) of
regulation 3, a notice signed by the Secretary
and stating the time and place of the hearing; or

(b) where no postal address has been specified in
care of the Ministry or department of the
Government in which he was serving at the time
when the decision was made, a notice signed by
the Secretary and stating the time and place of
the hearing.

(3) Receipt of the notification by the Ministry or
department in care of which the notification was
sent shall be deemed to be good service thereof
upon the officer concerned unless the officer
establishes to the satisfaction of the Board that
he was unaware of the notice.

6. Unless by leave of the Board and for good cause,
shown, no fresh evidence which was not before the Public
Service Commission upon their consideration of the matter
shall be admitted at the hearing of an appeal.

7. When the Board has heard and determined any
appeal, the Secretary shall communicate the decision
reached thereon to the Public Service Commission and to
the officer concerned.

PART II
APPEALS IN RESPECT OFDECISIONS

AFFECTING PENSION BENEFITS
8. (1) Every request to the Board made by the officer

concerned or by his Legal or Personal Representative in
accordance with subparagraph (a) of paragraph (3) of


Notification of
hearing.

Fresh evidence.

Notification of
decision of
Board.

Time and manner
of lodging
appeals under
this Part.

THE CONSTITUTION 35


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Article 124 against a decision referred to in paragraph (1)
of Article 124 shall be made in writing and signed by the
officer concerned or by his personal Representative and
shall —

(a) specify the decision of the appropriate Service
Commission or authority in respect of which the
appeal is made;

(b) contain a brief outline of the grounds upon which
the officer intends to rely in support of his
appeal;

(c) state whether the officer concerned wishes to be
heard in person or by his legal representative;

(d) state whether the officer concerned wishes the
Board to consider all documents that were
available to the Commission or authority con-
erned and any further document relating to the
case.

(2) Every notice of appeal shall be lodged —
(a) in the case of a decision by the appropriate

Service Commission, with the Secretary; and
(b) in the case of a decision by an authority, at the

office of that authority.
(3) Every notice of appeal shall be delivered to the

Secretary within twenty-eight days of the date upon which
the officer was notified of the decision in respect of which
the appeal is made.

(4) Every notice of appeal shall include an address
for correspondence, where the officer concerned may
readily be contacted and shall, if possible, include a Post
Office Box Number.

9. (1) Upon receipt of any notice of appeal lodged
in accordance with subparagraph (a) of paragraph (2) or
regulation 8, the Secretary shall obtain from the Permanent
Secretary of the Ministry of Public Personnel, the personal
file relating to the officer concerned and such other
information as may be considered relevant and shall
forward the same to the Chairman.

(2) Upon receipt of a notice of appeal lodged in
accordance with subparagraph (b) of paragraph (2) of
regulation 8, the authority shall forward the same to the
Secretary together with the personal file relating to the
officer concerned and such other information as may be
considered relevant and the Secretary shall forward the
same to the Chairman.

Procedure on
receipt of notice
of appeal under
this Part.

36 THE CONSTITUTION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

10. (1) The Board shall sit at such time and in such
places as may be convenient for the purpose of hearing any
appeal and shall notify the officer concerned or his legal
representative in writing of the proposed time and place of
the hearing at least fourteen days in advance thereof.

(2) Notification of the hearing shall be given to the
officer in the manner provided for in paragraph (2) of
regulation 5 but where an officer to whom a pension has
been granted is resident outside The Bahamas and that
residential address cannot be ascertained, the notification
may be sent to the address to which his pension is being
sent.

(3) Notification shall be deemed to have been given
to an officer to whom a pension has been granted and who
is resident outside The Bahamas but whose residential
address cannot be ascertained twenty-eight days after it has
been sent by prepaid registered airmail post to the address
to which his pension is being sent.

PART III
GENERAL

11. Subject to the provisions of Article 115 and 124
of the Constitution no appeal shall lie to the Board against
any recommendation for the imposition upon any officer of
either of the following penalties —

(a) deferment of increment;
(b) withholding of increment;
(c) reprimand.
12. At the hearing of an appeal the officer concerned

shall be entitled to be present and to be heard either in
person or by a legal representative in support of his appeal.

13. If an officer notifies the Board that he does not
intend to be present in person or by his legal representative
at the hearing of his appeal, or if he fails to appear and it is
shown to the satisfaction of the Board that notification of
the time and place of hearing has been duly served in
accordance with regulations 5 and 10 the Board shall
proceed with the hearing and determination of the appeal in
his absence.

14. The Board shall if it deems fit grant the officer
concerned or his legal representative leave to amend the
notice of appeal.

Notification of
hearing under
this Part.

Appeals against
certain penalties
excluded.

Procedure at
hearing.

Non-appearance
of officer.

Amendment of
notice appeal.
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