Public Services Commission

(1) There shall be established for Belize a Public Services Commission which shall consist of a Chairperson and five other members. (2) The Chairperson and other members of the Commission shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition. (3) No person shall be qualified to be appointed as a member of the Commission if he is a member of the National Assembly or, save in respect of the ex-officio members, if he holds or is acting in any public office. (4) A person shall not, while he holds or is acting in the office of a member of the Commission or within a period of two years commencing from the date on which he last held or acted in that office, be eligible for appointment to any public 122 (5) Subject to the provisions of this section, the office of a member of the Commission shall become vacant, (a) at the expiration of three years from the date of his appointment or such earlier time, being not less than two years, as may be specified in the instrument by which he was appointed; or (b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such. (6) A member of the Commission may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. (7) A member of the Commission shall be removed from office by the Governor-General if the question of the removal of that member from office has been referred to the Belize Advisory Council in accordance with the next following subsection and the Belize Advisory Council has advised the Governor-General that that member ought to be removed from office for inability as aforesaid or for misbehaviour. (8) If the Prime Minister represents to the Governor- General that the question of removing a member of the Commission under this section ought to be investigated, then, (a) the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in section 54 of this Constitution; and (b) the Belize Advisory Council shall enquire into the matter and report on the facts thereof 123 to the Governor-General and advise the Governor-General whether that member of the Commission should be removed under this section. (9) If the question of removing a member of the Commission from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend the member from performing the functions of his office, and any such suspension may at any time be revoked by the Governor- General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that the member should not be removed from office. (10) 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-General 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 subsections (6), (7), (8) and (9) of this section, continue to act until he is notified by the Governor-General that the circumstances giving rise to the appointment have ceased to exist. (11) A member of the Commission shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office. (12) The Commission shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority. (13) The Commission may by regulation make provision for regulating and facilitating the performance of its functions under this Constitution. (14) Subject to the provisions of this section, the Commission may regulate its own procedure. 124 (15) Any decision of the Commission shall require the concurrence of a majority of all the members thereof and, subject to its rules of procedure, the Commission may act not withstanding the absence of any member other than the Chairperson, Provided that in any matter before the Commission, where the votes are equally divided, the Chairperson shall have a casting vote in addition to his original vote.