JAMAICA
(CONSTITUTION) ORDER IN COUNCIL, 1962
ARRANGEMENT
OF SECTIONS
Amended
by: Acts 15 of 1971 | 36 of 1975 | 1 of 1977 | 16
of 1986 | 15 of 1990 | 6 of 1993 | 4 of 1994
PART 2 : Court of Appeal
PART 3 : Appeals to
Her Majesty in Council
PART 4 : Judicial Service
Commission
97. Establishment
of the Supreme Court.
97. (1) There shall
be a Supreme Court for Jamaica which shall have such
jurisdiction and powers as may be conferred upon it
by this Constitution or any other law.
(2) The Judges of the
Supreme Court shall be the Chief Justice, a Senior
Puisne Judge and such number of other Puisne Judges
as may be prescribed by Parliament.
(3) No office of Judge
of the Supreme Court shall be abolished while there
is a substantive holder thereof.
(4) The Supreme Court
shall be a superior court of record and, save as otherwise
provided by Parliament, shall have all the powers
of such a court.
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98. Appointment
of Judges of the Supreme Court.
98. (1) The Chief Justice
shall be appointed by the GovernorGeneral by instrument
under the Broad Seal on the recommendation of the
Prime Minister after consultation with the Leader
of the Opposition.
(2) The Puisne Judges
shall be appointed by the GovernorGeneral by instrument
under the Broad Seal acting on the advice of the Judicial
Service Commission.
(3) The qualifications
for appointment as a Judge of the Supreme Court shall
be such as may be prescribed by any law for the time
being in force:
Provided that a person
who has been appointed as a Judge of the Supreme Court
may continue in office notwithstanding any subsequent
variations in the qualifications so prescribed.
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99. Acting
Judges of the Supreme Court.
99. (1) If the office
of Chief Justice is vacant or if the Chief Justice
is for any reason unable to perform the functions
of his office, then, until a person has been appointed
to that office and assumed its functions or, as the
case may be, until the Chief Justice has resumed those
functions, they shall be performed by such other person,
qualified under subsection (3) of section 98 of this
Constitution for appointment as a Judge, as the GovernorGeneral,
acting in accordance with the advice of the Prime
Minister may appoint for that purpose by instrument
under the Broad Seal.
(2) If the office of
a Puisne Judge of the Supreme Court is vacant, or
if any such Judge is appointed to act as Chief Justice
or as a Judge of the Court of Appeal, or is for any
reason unable to perform the functions of his office,
the GovernorGeneral, acting on the advice of the
Judicial Service Commission, may by instrument under
the Broad Seal appoint a person qualified under subsection
(3) of section 98 of this Constitution for appointment
as a Judge to act as a Judge of the Supreme Court,
and any person so appointed shall, subject to the
provisions of subsection (3) of section 100 of this
Constitution, continue to act for the period of his
appointment or, if no such period is specified, until
his appointment is revoked by the Governor-General
acting on the advice of the Judicial Service Commission:
Provided that he may,
at any time, resign his acting office.
(3) Any person appointed
to act as a Judge under the provisions of this section
may, notwithstanding that the period of his appointment
has expired or his appointment has been revoked, sit
as a Judge for the purpose of delivering judgment
or doing any other thing in relation to proceedings
which were commenced before him while he was so acting.
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100.
Tenure of office of Judges of the Supreme Court.
100. (1) Subject to
the provisions of subsections (4) to (7) (inclusive)
of this section, a Judge of the Supreme Court shall
hold office until he attains the age of sixtyfive
years:
Provided that-
(a) he may at any time
resign his office; and
(b) the GovernorGeneral,
acting on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition,
may permit a Judge who attains the age of sixtyfive
years to continue in office until he has attained
such later age, not exceeding sixtyseven years, as
may (before the Judge has attained the age of sixtyfive
years) have been agreed between them.
(2) Notwithstanding
that he has attained the age at which he is required
by or under the provisions of this section to vacate
his office a person holding the office of Judge of
the Supreme Court may, with the permission of the
GovernorGeneral, acting in accordance with the advice
of the Prime Minister, continue in office for such
period after attaining that age as may be necessary
to enable him to deliver judgment or to do any other
thing in relation to proceedings that were commenced
before him before he attained that age.
(3) Nothing done by
a Judge of the Supreme Court shall be invalid by reason
only that he has attained the age at which he is required
by this section to vacate his office.
(4) A Judge of the
Supreme Court may be removed from office only for
inability to discharge the functions of his office
(whether arising from infirmity of body or mind or
any other cause) or for misbehaviour, and shall not
be so removed except in accordance with the provisions
of subsection (5) of this section.
(5) A Judge of the
Supreme Court shall be removed from office by the
GovernorGeneral by instrument under the Broad Seal
if the question of the removal of that Judge from
office has, at the request of the GovernorGeneral,
made in pursuance of subsection (6) of this section,
been referred by Her Majesty to the Judicial Committee
of Her Majesty's Privy Council under section 4 of
the Judicial Committee Act, 1833, or any other enactment
enabling Her Majesty in that behalf, and the Judicial
Committee has advised Her Majesty that the Judge ought
to be removed from office for inability as aforesaid
or for misbehaviour.
(6) If the Prime Minister
(in the case of the Chief Justice) or the Chief Justice
after consultation with the Prime Minister (in the
case of any other Judge) represents to the Governor-General
the question of removing a Judge from of the Supreme
Court from office for inability as aforesaid or for
misbehaviour ought to be investigated, then-
(a) the GovernorGeneral
shall appoint a tribunal, which shall consist of a
Chairman and not less than two other members, selected
by the Governor-General on the advice of the Prime
Minister (in the case of the Chief Justice) or of
the Chief Justice (in the case of any other Judge)
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 any
such court;
(b) that tribunal shall
enquire into the matter and report on the facts thereof
to the Governor-General and recommend to the GovernorGeneral
whether he should request that the question of the
removal of that Judge should be referred by Her Majesty
to the Judicial Committee; and
(c) if the tribunal
so recommends, the Governor-General shall request
that the question should be referred accordingly.
(7) The provisions
of the Commissions of Enquiry Act as in force immediately
before the appointed day shall, subject to the provisions
of this section and of the Third Schedule to this
Constitution, apply as nearly as may be in relation
to tribunals appointed under subsection (6) of this
section or, as the context may require, to the members
thereof as they apply in relation to Commissions or
Commissioners appointed under that Act, and for that
purpose shall have effect as if they formed part of
this Constitution.
(8) If the question
of removing a Judge of the Supreme Court from office
has been referred to a tribunal appointed under subsection
(6) of this section, the Governor-General, acting
in accordance with the advice of the Prime Minister
(in the case of the Chief Justice) or of the Chief
Justice after the Chief Justice has consulted with
the Prime Minister (in the case of any other Judge),
may suspend the Judge from performing the functions
of his office.
(9) Any such suspension
may at any time be revoked by the GovernorGeneral,
acting in accordance with the advice of the Prime
Minister or the Chief Justice (as the case may be),
and shall in any case cease to have effect-
(a) if the tribunal
recommends to the Governor-General that he should
not request that the question of the removal of the
Judge from office should be referred by Her Majesty
to the Judicial Committee; or
(b) the Judicial Committee
advises Her Majesty that the Judge ought not to be
removed from office.
(10) The provisions
of this section shall be without prejudice to the
provisions of subsection (2) of section 99 of this
Constitution.
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101.
Remuneration of Judges of the Supreme Court
101. (1) The Judges
of the Supreme Court shall receive such emoluments
and be subject to such other terms and conditions
of service as may from time to time be prescribed
by or under any law:
Provided that the emoluments
and terms and conditions of service of such a Judge,
other than allowances that are not taken into account
in computing pensions, shall not be altered to his
disadvantage during his continuance in office.
(2) The salaries for
the time being payable to the Judges of the Supreme
Court under this Constitution shall be charged on
and paid out of the Consolidated Fund.
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102 Oaths
to be taken by Judges of the Supreme Court.
102. A Judge of the
Supreme Court shall not enter upon the duties of his
office unless he has taken and subscribed the oath
of allegiance and the judicial oath in the forms set
out in the First Schedule to this Constitution.
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PART 2 : Court of Appeal
103. Establishment of the Court of Appeal.
103. (1) There shall
be a Court of Appeal for Jamaica which shall have
such jurisdiction and powers as may be conferred upon
it by this Constitution or any other law.
(2) The Judges of the
Court of Appeal shall be-
(a) a President;
(b) the Chief Justice
by virtue of his office as head of the Judiciary but
who, however, shall not sit in the Court of Appeal
unless there are at least four other Judges sitting
and unless he has been invited so to sit by the President
of the Court;
(c) three other Judges;
and
(d) such number, if
any, of other Judges as may be prescribed by Parliament.
(3) The President of
the Court of Appeal shall be responsible for the arrangement
of the work of the Court and shall preside whenever
he is sitting in that Court.
(4) No office of Judge
of the Court of Appeal shall be abolished while there
is a substantive holder thereof.
(5) The Court of Appeal
shall be a superior court of record and, save as otherwise
provided by Parliament, shall have all the powers
of such a court.
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104.
Appointment of Judges of the Court of Appeal.
104. (1) The President
of the Court of Appeal shall be appointed by the Governor-General
by instrument under the Broad Seal on the recommendation
of the Prime Minister after consultation with the
Leader of the Opposition.
(2) The other Judges
of the Court of Appeal shall be appointed by the GovernorGeneral
by instrument under the Broad Seal acting on the advice
of the Judicial Service Commission.
(3) The qualifications
for appointment as a Judge of the Court of Appeal
shall be such as may be prescribed by any law for
the time being in force:
Provided that a person
who has been appointed as a Judge of the Court of
Appeal may continue in office notwithstanding any
subsequent variations in the qualifications so prescribed.
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105.
Acting Judges of the Court of Appeal.
105. (1) If the office
of President of the Court of Appeal is vacant or if
the President of the Court of Appeal is for any reason
unable to perform the functions of his office, then,
until a person has been appointed to that office and
assumed its functions or, as the case may be, until
the President of the Court of Appeal has resumed those
functions, they shall be performed by such other person,
qualified under subsection (3) of section 104 of this
Constitution for appointment as a Judge of the Court
of Appeal, as the GovernorGeneral, acting in accordance
with the advice of the Prime Minister, may appoint
for that purpose by instrument under the Broad Seal.
(2) If the office of
a Judge of the Court of Appeal (other than the President)
is vacant, or if any such Judge is appointed to act
as President of the Court of Appeal, or is for any
reason unable to perform the functions of his office,
the GovernorGeneral, acting on the advice of the
Judicial Service Commission, may by instrument under
the Broad Seal appoint a person qualified under subsection
(3) of section 104 of this Constitution for appointment
as a Judge of the Court of Appeal to act as a Judge
of the Court of Appeal, and any person so appointed
shall, subject to the provisions of subsection (3)
of section 106 of this Constitution, continue to act
for the period of his appointment or, if no such period
is specified, until his appointment is revoked by
the GovernorGeneral acting on the advice of the Judicial
Service Commission.
(3) Any person appointed
to act as a Judge of the Court of Appeal under the
provisions of this section may, notwithstanding that
the period of his appointment has expired or his appointment
has been revoked, sit as a Judge for the purpose of
delivering judgment or doing any other thing in relation
to proceedings which were commenced before him while
he was so acting.
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106.
Tenure of office of Judges of the Court of Appeal.
106. (1) Subject to
the provisions of subsections (4) to (7) (inclusive)
of this section, a Judge of the Court of Appeal shall
hold office until he attains the age of sixty-five
years:
Provided that-
(a) he may at any time
resign his office; and
(b) the GovernorGeneral,
acting on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition,
may permit a Judge who attains the age of sixty-five
years to continue in office until he has attained
such later age, not exceeding sixty-seven years as
may (before the Judge has attained the age of sixty-five
years) have been agreed between them.
(2) Notwithstanding
that he has attained the age at which he is required
by or under the provisions of this section to vacate
his office a person holding the office of Judge of
the Court of Appeal may, with the permission of the
GovernorGeneral, acting in accordance with the advice
of the Prime Minister, continue in office for such
period after attaining that age as may be necessary
to enable him to deliver judgment or to do any other
thing in relation to proceedings that were commenced
before him before he attained that age.
(3) Nothing done by
a Judge of the Court of Appeal shall be invalid by
reason only that he has attained the age at which
he is required by this section to vacate his office.
(4) A Judge of the
Court of Appeal may be removed from office only for
inability to discharge the functions of his office
(whether arising from infirmity of body or mind or
any other cause) or for misbehaviour, and shall not
be so removed except in accordance with the provisions
of subsection (5) of this section.
(5) A Judge of the
Court of Appeal shall be removed from office by the
GovernorGeneral by instrument under the Broad Seal
if the question of the removal of that Judge from
office has, at the request of the Governor-General
made in pursuance of subsection (6) of this section,
been referred by Her Majesty to the Judicial Committee
of Her Majesty's Privy Council under section 4 of
the Judicial Committee Act, 1833, or any other enactment
enabling Her Majesty in that behalf, and the Judicial
Committee has advised Her Majesty that the Judge ought
to be removed from office for inability as aforesaid
or for misbehaviour.
(6) If the Prime Minister
(in the case of the President of the Court of Appeal)
or the President of the Court of Appeal after consultation
with the Prime Minister (in the case of any other
Judge) represents to the Governor-General that the
question of removing a Judge of the Court of Appeal
from office for inability as aforesaid or for misbehaviour
ought to be investigated, then-
(a) the GovernorGeneral
shall appoint a tribunal, which shall consist of a
Chairman and not less than two other members, selected
by the Governor-General on the advice of the Prime
Minister (in the case of the President of the Court
of Appeal) or of the President of the Court of Appeal
(in the case of any other Judge) 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 any such court;
(b) that tribunal shall
enquire into the matter and report on the facts thereof
to the Governor-General and recommend to the GovernorGeneral
whether he should request that the question of the
removal of that Judge should be referred by Her Majesty
to the Judicial Committee; and
(c) if the tribunal
so recommends, the Governor-General shall request
that the question should be referred accordingly.
(7) The provisions
of the Commissions of Enquiry Act as in force immediately
before the appointed day shall, subject to the provisions
of this section and of the Third Schedule to this
Constitution, apply as nearly as may be in relation
to tribunals appointed under subsection (6) of this
section or, as the context may require, to the members
thereof as they apply in relation to Commissions or
Commissioners appointed under that Act, and for that
purpose shall have effect as if they formed part of
this Constitution.
(8) If the question
of removing a Judge of the Court of Appeal from office
has been referred to a tribunal appointed under subsection
(6) of this section, the Governor-General acting in
accordance with the advice of the Prime Minister (in
the case of the President of the Court of Appeal)
or of the President of the Court of Appeal after the
President of the Court of Appeal has consulted with
the Prime Minister (in the case of any other Judge),
may suspend the Judge from performing the functions
of his office.
(9) Any such suspension
may at any time be revoked by the GovernorGeneral,
acting in accordance with the advice of the Prime
Minister or the President of the Court of Appeal (as
the case may be), and shall in any case cease to have
effect if-
(a) the tribunal recommends
to the GovernorGeneral that he should not request
that the question of the removal of the Judge from
office should be referred by Her Majesty to the Judicial
Committee; or
(b) the Judicial Committee
advises Her Majesty that the Judge ought not to be
removed from office.
(10) The provisions
of this section shall be without prejudice to the
provisions of subsection (2) of section 105 of this
Constitution.
(11) The provisions
of this section and of sections 107 and 108 of this
Constitution shall not apply to the Chief Justice.
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107.
Remuneration of Judges of the Court of Appeal.
107. (1) The Judges
of the Court of Appeal shall receive such emoluments
and be subject to such other terms and conditions
of service as may from time to time be prescribed
by or under any law:
Provided that the emoluments
and terms and conditions of service of such a Judge,
other than allowances that are not taken into account
in computing pensions, shall not be altered to his
disadvantage during his continuance in office.
(2) The salaries for
the time being payable to the Judges of the Court
of Appeal under this Constitution shall be charged
on and paid out of the Consolidated Fund.
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108.
Oaths to be taken by Judges of the Court of Appeal.
108. A Judge of the
Court of Appeal shall not enter upon the duties of
his office unless he has taken and subscribed the
oath of allegiance and the judicial oath in the forms
set out in the First Schedule to this Constitution.
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109.
Number of judges.
109. The Court of Appeal
shall, when determining any matter other than an interlocutory
matter, be composed of an uneven number of Judges,
not being less than three
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PART 3 : Appeals to
Her Majesty in Council
110. Appeals from Court of Appeal to
Her Majesty in Council.
110. (1) An appeal
shall lie from decisions of the Court of Appeal to
Her Majesty in Council as of right in the following
cases-
(a) where the matter
in dispute on the appeal to Her Majesty in Council
is of the value of one thousand dollars or upwards
or where the appeal involves directly or indirectly
a claim to or question respecting property or a right
of the value of one thousand dollars or upwards, final
decisions in any civil proceedings;
(b) final decisions
in proceedings for dissolution or nullity of marriage;
(c) final decisions
in any civil, criminal or other proceedings on questions
as to the interpretation of this Constitution; and
(d) such other cases
as may be prescribed by Parliament.
(2) An appeal shall
lie from decisions of the Court of Appeal to Her Majesty
in Council with the leave of the Court of Appeal in
the following cases-
(a) where in the opinion
of the Court of Appeal the question involved in the
appeal is one that, by reason of its great general
or public importance or otherwise, ought to be submitted
to Her Majesty in Council, decisions in any civil
proceedings; and
(b) such other cases
as may be prescribed by Parliament.
(3) Nothing in this
section shall affect any right of Her Majesty to grant
special leave to appeal from decisions of the Court
of Appeal to Her Majesty in Council in any civil or
criminal matter.
(4) The provisions
of this section shall be subject to the provisions
of subsection (1) of section 44 of this Constitution.
(5) A decision of the
Court of Appeal such as is referred to in this section
means a decision of that Court on appeal from a Court
of Jamaica.
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PART 4 : Judicial Service
Commission
111. Composition of Judicial Service
Commission.
111. (1) There shall
be a Judicial Service Commission for Jamaica.
(2) The members of
the Judicial Service Commission shall be-
(a) the Chief Justice
who shall be Chairman;
(b) the President of
the Court of Appeal;
(c) the Chairman of
the Public Service Commission; and
(d) three other members
(hereinafter called "the appointed members")
appointed in accordance with the provisions of subsection
(3) of this section.
(3) The appointed members
shall be appointed by the GovernorGeneral, by instrument
under the Broad Seal, acting on the recommendation
of the Prime Minister after consultation with the
Leader of the Opposition-
(a) one 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 any
such court;
(b) two from a list
of six persons, none of whom is an attorneyatlaw
in active practice, submitted by the General Legal
Council:
(c) [Deleted by Act
15 of 1971.]
Provided that no person
shall be appointed under this subsection who holds
or who is acting in any public office other than the
office of member of the Public Service Commission
or member of the Police Service Commission.
(4) The office of an
appointed member of the Judicial Service Commission
shall become vacant-
(a) at the expiration
of three years from the date of his appointment or
at such earlier time as may be specified in the instrument
by which he was appointed;
(b) if he resigns his
office;
(c) if he is appointed
to the office of President of the Court of Appeal,
Chief Justice, Chairman of the Public Service Commission
or to any public office except the office of member
of the Public Service Commission or member of the
Police Service Commission;
(d) if the GovernorGeneral,
acting on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition,
directs that he shall be removed from office to discharge
the functions thereof (whether arising from infirmity
of body or mind or any other cause) or for misbehaviour:
Provided that if the
appointed member is a Judge of the Court of Appeal
or a Judge of the Supreme Court, he shall not be so
removed unless, in accordance with the provisions
of section 106 or section 100 of this Constitution
(as the case may be), he is removed from his office
as a Judge.
(5) If the office of
an appointed member is vacant or an appointed member
is for any reason unable to perform the functions
of his office, the GovernorGeneral, on the recommendation
of the Prime Minister after consultation with the
Leader of the Opposition, may, by instrument under
the Broad Seal, appoint a person, having the same
qualifications for appointment as that member, to
act as a member of the Commission and any person so
appointed shall, subject to the provisions of subsection
(4) of this section, continue to act until the office
of the appointed member is filled or until his appointment
is revoked by the GovernorGeneral, acting as aforesaid.
(6) An appointed member
shall not, within a period of three years commencing
with the date on which he last held or acted in the
office of appointed member, be eligible for appointment
to any office power to make appointments to which
is vested by this Constitution in the Governor General
acting on the advice of the Judicial Service Commission:
Provided that nothing
in this subsection shall prevent his being appointed
to the office of Judge of the Court of Appeal or Judge
of the Supreme Court.
(7) An appointed member
shall receive such salary and allowances as may from
time to time be prescribed by or under any law or
by a resolution of the House of Representatives:
Provided that-
(a) no such resolution
may reduce any salary or allowance for the time being
prescribed by or under a law; and
(b) the salary of an
appointed member shall not be reduced during his continuance
in office.
(8) The salary for
the time being payable to an appointed member under
this Constitution shall be charged on and paid out
of the Consolidated Fund.
(9) Nothing in subsection
(7) of this section shall entitle the appointed member
to any salary in respect of his office as such, if
he is also a Judge of the Court of Appeal or a Judge
of the Supreme Court.
(10) For the purposes
of this section, "public office" does not
include office as a member of any board, panel, committee
or other similar body (whether incorporated or not)
established by any law for the time being in force
in Jamaica.
(11) [Deleted by Act
15 of 1971.]
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112.
Appointment of Judicial officers.
112. (1) Power to make
appointments to the offices to which this section
applies and, subject to the provisions of subsections
(3) and (4) of this section, to remove and to exercise
disciplinary control over persons holding or acting
in such offices is hereby vested in the GovernorGeneral
acting on the advice of the Judicial Service Commission.
(2) This section applies
to the offices of Resident Magistrate, Judge of the
Traffic Court, Registrar of the Supreme Court, Registrar
of the Court of Appeal and to such other offices connected
with the courts of Jamaica as, subject to the provisions
of this Constitution, may be prescribed by Parliament.
(3) Before the GovernorGeneral
acts in accordance with the advice of the Judicial
Service Commission that any officer holding or acting
in any office to which this section applies should
be removed or that any penalty should be imposed on
him by way of disciplinary control he shall inform
the officer of that advice and, if the officer then
applies for the case to be referred to the Privy Council,
the GovernorGeneral shall not act in accordance with
the advice but shall refer the case to the Privy Council
accordingly:
Provided that the GovernorGeneral,
acting on the advice of the Commission, may nevertheless
suspend that officer from the exercise of his office
pending the determination of the reference to the
Privy Council.
(4) Where a reference
is made to the Privy Council under the provisions
of subsection (3) of this section, the Privy Council
shall consider the case and shall advise the GovernorGeneral
what action should be taken in respect of the officer,
and the GovernorGeneral shall then act in accordance
with such advice.
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113.
Delegation of functions of Judicial Service Commission.
113. The GovernorGeneral,
acting on the advice of the Judicial Service Commission,
may by instrument under the Broad Seal direct that,
subject to such conditions as may be specified in
that instrument, power to make appointments to such
offices, being offices to which section 112 of this
Constitution applies, as may be so specified shall
(without prejudice to the exercise of such power by
the Governor-General acting on the advice of the Judicial
Service Commission) be exercisable by such one or
more members of the Commission or by such other authority
or public officer as may be so specified, but in any
case where the person to be appointed under this section
holds or is acting in any office power to make appointments
to which is vested by this Constitution in the GovernorGeneral
acting on the advice of the Public Service Commission
or the Police Service Commission, the person or authority
specified in the aforesaid instrument shall consult
with the Public Service Commission or the Police Service
Commission, as the case may be, before making such
appointment.
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