Auditor-General

(1) With effect from the 15th day of January, 2002, the Auditor-General shall be appointed by the Governor-General, acting on the recommendations of both Houses of the National Assembly contained in resolutions passed in that behalf. (2) If, after the 15th day of January, 2002, the office of Auditor-General is vacant or if the holder of that office is for 129 any reason unable to exercise the functions of his office, the Governor-General, acting on the recommendations of both Houses of National Assembly contained in resolutions passed in that behalf, may appoint a person to act as Auditor-General. (3) A person appointed to act in the office of Auditor- General shall, subject to the provisions of subsections (4), (6), (7) and (8) of this section, cease so to act, (a) after a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or (b) at such earlier time as may be prescribed by the terms of his appointment. (4) Subject to the provisions of subsection (5) of this section, the Auditor-General shall vacate his office when he attains the age of sixty years or such other age as may be prescribed by the National Assembly, Provided that any law enacted by the National Assembly, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Auditor-General, shall not have effect in relation to that person unless he consents that it should have effect. (5) The Auditor-General may be removed from office in accordance with the provisions of this section only for inability or failure to perform the functions of his office (however arising) or for misbehavior; and for the purpose of this section, any failure or undue delay by the Auditor-General to submit a report as required by section 120 of this Constitution, shall be treated as a failure to perform the functions of his office. (6) The Auditor-General shall be removed from office by the Governor-General if the question of his removal from 130 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 he ought to be removed from office for inability as aforesaid or for misbehaviour. (7) If the Prime Minister represents to the Governor- General that the question of removing the Auditor-General 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 to the Governor-General and advise the Governor-General whether he should be removed under this section. (8) If the question of removing the Auditor-General from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend him 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 he should not be removed from office.