(1) There shall be for Saint Christopher and Nevis a Public
Service Board of Appeal (hereinafter in this section referred to as the Board)
which shall consist of-
a) one member appointees by the Governor-General, who shall be chairman;
b) one member appointed by the Governor-General, acting in accordance with
the advice of the Prime Minister; and
c) one member appointed by the Governor-General, who shall, when there is an
appropriate representative body, act in accordance with the recommendation of
that body.
(2) A person shall not be qualified for appointment as a member of the Board
if he is a member of the National Assembly and a person shall not be qualified
for appointment under subsection (1)(c) unless he is or has at any time been a
public officer.
(3) Subject to the provisions of this section, the office or a member of the
Board shall become vacant-
a) at the expiration of three years from the date of his appointment; or
b) if any circumstances arise that, if he were not a member of the Board,
would cause him to be disqualified to be appointed as such under subsection (2).
(4) A member of the Board may be removed from office only for inability to
exercise the functions of his office (whether arising from infirmity of body or
mind or any other cause) or for misbehavior and shall not be so removed except
in accordance with the provisions of this section.
(5) A member of the Board shall be removed from office by the
Governor-General, if the question of his removal from office has been referred
to a tribunal appointed under subsection (6) and the tribunal has recommended to
the Governor-General that he ought to be removed from office for inability as
aforesaid or for misbehavior.
(6) If the Governor-General considers that the question of removing a member
of the Board under this section ought to be investigated, then-
a) the Governor-General shall appoint a tribunal which shall consist of a
chairman and not less than two other members selected by the Chief Justice from
among persons who hold or have held office as a judge of a court having
unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from such a court; and
b) the tribunal shall enquire into the matter and report on the facts thereof
to the Governor-General and recommend to him whether the member ought to be
removed under this section.
(7) If the question of removing a member of the Board has been referred to a
tribunal under this section, the Governor-General may suspend that member from
the exercise of 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 tribunal recommends to the Governor-General that member should not
be removed.
(8) a) If at any time any member of the Board is for any reason unable to
exercise the functions of his office, the Governor-General may appoint a person
who is qualified to be appointed as a member of the Board to act as a member,
and any person so appointed shall, subject to subsection (4), continue to act
until the holder of the office has resumed his functions or until his
appointment to act has been revoked by the Governor-General.
b) Where the member of the Board unable to exercise the functions of his
office was appointed under paragraph (b) of subsection (1), the Governor-General
shall act in accordance with the advice of the Prime Minister and where he was
appointed under paragraph (c) of that subsection the Governor-General shall,
when there is an appropriate representative body, act in accordance with the
recommendation of that body in exercise of the powers conferred by this
subsection.
(9) The Board shall, in the exercise of its functions under this
Constitution, not be subject to the direction or control of any other person or
authority.
(10) In this section "appropriate representative body" means a body
designated under section 77(14).
(11) In the exercise of the powers conferred upon him by this section the
Governor-General shall, except where it is otherwise expressly provided, act in
his own deliberate judgment.