Public Service (Delegation of Powers) Regulations 1979

Interpretation

1 In these Regulations, unless the context otherwise requires—

"the Commission" means the Public Service Commission for Bermuda;

"Head of Department" means, in relation to any public office, the Permanent Secretary or, in the event of there being no Per manent Secretary, the public officer who supervises the De partment to which the holder of that public office is to be, or has been, appointed;

"non-Bermudian" means a person not having a Bermudian sta tus and who is domiciled in a country other than Bermuda;

"office" means public office within the meaning given to that ex pression by section 102 of the Constitution [title 2 item 1];

"proceedings" means disciplinary proceedings against the holder of an office;

"the Secretary" means the Secretary to the Commission.

Delegation of certain powers of Governor

2 The powers vested in the Governor by section 82 of the Constitution [title 2 item 1] in relation to the offices specified in Head 1 of the Schedule are hereby delegated to the Chairman of the Commission or the public officer, as the case may be, specified in Head 2 of the Sched ule to the extent set out in Head 3 of the Schedule and subject to such conditions as may be set out in Head 4 of the Schedule.

Application of regulations under section 84 of Constitution

3 The Chairman of the Commission or public officer to whom pow ers are delegated under these Regulations shall, in exercising such pow ers, act in accordance with the provisions of any regulations made under section 84 of the Constitution [title 2 item 1], as though references in those regulations to the Commission were references to the Chairman of the Commission or public officer, as the case may be.

Joint powers

4 Where any power is by these Regulations delegated to any per sons acting jointly, upon those persons failing to agree on the manner in which such power should be exercised the matter shall be referred to the Commission which shall exercise the power.

Notice of intention to exercise disciplinary control

5 Any person to whom powers are delegated by items 7, 8, 11, and 13 of the Schedule to exercise disciplinary control in relation to any office shall give notice to the Secretary of his intention to exercise such powers and of any action taken in the course of the exercise of such powers and the Commission may, of its own motion or on application by the person to whom such powers were delegated, at any stage by notice in writing require the proceedings to be transferred to the Commission and there upon any delegation by these Regulations shall, in relation to those pro ceedings, cease to have effect but without prejudice to anything done or suffered thereunder during the time when such delegation had effect.

Appeal to Commission

6 Any holder of an established office aggrieved by the exercise of disciplinary powers in relation to him by a person to whom such powers are delegated by these Regulations may appeal in accordance with the provisions of any regulations which may be made under section 84 of the Constitution [title 2 item 1] to the Commission, and on such appeal the Commission may make such order as it thinks fit:

Provided that where provision is made for an appeal in any reg ulations which are specified in Head 4 of the Schedule as applying to the exercise of disciplinary powers, those provisions shall apply and the pro visions of this regulation shall not apply in relation to an appeal against the exercise of such powers.

Revocation

7 [omitted.]

SCHEDULE

Head 1 Public Offices

Head 2 Chairman of Commission or public officer to whom pow ers are delegated

Head 3 Extent of delegation

Head 4 Conditions of delegation

Item 1

Head 1

The office of Police Officer, of the rank of Sergeant or below, the office of member of the Reserve Police of the rank of Assistant Commandant or below and the office of Traffic Warden.

Head 2

Commissioner of Police

Head 3

All the powers of the Governor

Head 4

That the Police (Discipline) Orders 1975 [title 10 item 21(h)] shall apply to the exercise of disciplinary control in the case of police officers

[Item 1 of the schedule amended by 1997 : 37 effective by notice in Official Gazette]

Item 2

Head 1

The office of Police Officer of the rank of Inspector or Chief In spector

Head 2

Commissioner of Police

Head 3

The power to exercise disciplinary control not involving removal from office or reduction in rank

Head 4

That the Police (Discipline) Orders 1975 [title 10 item 21(h)] shall apply to the exercise of disciplinary control

Item 3

Head 1

The office of Prison Officer of the rank of Divisional Officer and below

Head 2

Commissioner of Prisons

Head 3

All the powers of the Governor

Head 4

That the Prison Officers (Discipline) Rules 1981 [title 10 item 32(b)] shall apply to the exercise of such powers

Item 4

Head 1

The office of any public officer employed to serve outside Bermuda as an officer of the Department of Tourism

Head 2

Director of the Department of Tourism

Head 3

All the powers of the Governor

Item 5

Head 1

The office of first assistant teacher, assistant teacher in a post of special responsibility and assistant teacher

Head 2

Head of Department

Head 3

All the powers of the Governor

Item 6

Head 1

Any office

Head 2

Secretary to the Cabinet

Head 3

Power to make acting appointments

Head 4

(a) that the powers be exercised only for the appointments or reliefs for leave and sickness in cases of temporary vacancy at the specific request of the Commission;

(b) that the appointment shall not be for a period in excess of 6 months from the date when the appointment takes effect

Item 7

Head 1

Any non-established office the grade of which begins either at PS20 or any higher step on the salary scale

Head 2

Secretary to the Cabinet

Head 3

All the powers of the Governor in relation to disciplinary control

Item 8

Head 1

Any office, other than those specified in Items 1, 2, 3, 4, 5 and 11

Head 2

Secretary to the Cabinet

Head 3

Power to make disciplinary transfers and to defer, stop or sus pend annual increments

Item 9

Head 1

Any office the grade of which ends either at PS20 or any lower step on the salary scale

Head 2

Secretary to the Cabinet

Head 3

Power to make appointments on transfer within the same grade

Item 10

Head 1

Any office the grade of which ends either at PS20 or any lower step on the salary scale

Head 2

Head of the Department and Secretary to the Commission acting jointly

Head 3

All the powers of the Governor other than in relation to the exer cise of disciplinary control and the power to make appointments on transfer

Item 11

Head 1

Any non-established office other than as specified in item 7

Head 2

Head of the Department

Head 3

All the powers of the Governor in relation to the exercise of disci plinary control

Item 12

Head 1

Any office

Head 2

Head of Department

Head 3

To prepare a short list from which the final choice is made by the Commission

Head 4

(a) that the person to be appointed is a non-Bermudian;

(b) that the Head of the Department has been au thorized to travel overseas to interview candidates by‑

(i) the Commission;

(ii) the Minister responsible for the De partment;

(iii) the Secretary to the Cabinet

Item 13

Head 1

Any office

Head 2

Head of the Department

Head 3

Power to award formal reprimands

Item 14

Head 1

Any office the holder of which is on hourly, daily or weekly rates of pay

Head 2

Head of the Department

Head 3

All the powers of the Governor

|Amended by
1997 : 37|

Bermuda Consolidated Legislation

Public Service (Delegation of Powers) Regulations 1979