(1) This section applies to the offices of Secretary to the
Cabinet, permanent secretary of a department of the Government, head or deputy
head of a department of the Government, any office for the time being designated
by the Public Service Commission as an office of a chief professional adviser to
a department of the Government and any office for the time being designated by
the Commission, after consultation with the Prime Minister, as an office the
holder of which are required to reside outside Saint Christopher and Nevis or
whose function relate to external affairs.
(2) The power to appoint persons to hold or to act in offices to which this
section applies (including the power to confirm appointments), and, subject to
section 87, the power to exercise disciplinary control over persons holding or
acting in such offices and the power to remove such persons from office shall
vest in the Governor-General, acting in accordance with the recommendation of
the Public Service Commission.
Provided that-
a) the power to appoint a person to hold or act in an office of permanent
secretary on transfer from another office carrying the same salary shall vest in
the Governor-General, acting in accordance with the advice of the Prime
Minister;
b) before the Public Service Commission makes a recommendation to the
Governor-General with respect to the appointment of any person to hold an office
to which this section applies (other than an appointment to an office of
permanent secretary on transfer from another such office carrying the same
salary) it shall consult with the Prime Minister and if the Prime Minister
signifies his objection to the appointment of any person to the office, the
Commission shall not make a recommendation to the Governor-General to appoint
that person;
c) in relation to any office of Ambassador, High Commissioner or other
principal representative of Saint Christopher and Nevis in any other country or
accredited to any international organization the Governor-General shall act in
accordance with the advice of the Prime Minister, who shall, before tendering
any such advice in respect of any person who holds any public office to which
appointments are made by the Governor-General in accordance with the
recommendation of some other person or authority consult that person or
authority.
(3) References in this section to a department of the Government shall not
include the office of the Governor-General, the department of the
Attorney-General, the department of the Director of Public Prosecutions the
department of the Director of Audit, the department of the Clerk of the National
Assembly or the Police Force.