BERMUDA PUBLIC SERVICE (DELEGATION OF POWERS) REGULATIONS 2001 BR 82 / 2001

Similar documents
BERMUDA PUBLIC SERVICE COMMISSION REGULATIONS 2001 BR 81 / 2001

BERMUDA GOLF COURSES (CONSOLIDATION) ACT : 1

Constitution of Barbados CONSTITUTION (DELEGATION OF FUNCTIONS - PUBLIC AND POLICE SERVICES) (MISCELLANEOUS PROVISIONS) ORDER, 1974

90 CAP. 4] Belize Constitution

Title 2 Laws of Bermuda Item 8 BERMUDA 1973 : 27 CONSTITUTION AMENDMENT (CONSEQUENTIAL PROVISIONS) ACT 1973 ARRANGEMENT OF SECTIONS FIRST SCHEDULE

CAYMAN ISLANDS. Supplement No. 31 published with Extraordinary Gazette No. 45 of 31st May, PUBLIC SERVICE MANAGEMENT LAW.

CAYMAN ISLANDS. Supplement No. 3 published with Extraordinary Gazette No. 25 of 27th March, PUBLIC SERVICE MANAGEMENT LAW.

BERMUDA DEFENCE ACT : 165

BERMUDA DEFENCE ACT : 165

BERMUDA BERMUDA IMMIGRATION AND PROTECTION AMENDMENT (NO. 2) ACT : 35

EXTRAORDINARY REPUBLIC OF FIJI ISLANDS GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY OF THE FIJI GOVERNMENT. Vol. 10 TUESDAY, 14th APRIL 2009 No.

Organic Law on immediate and transitional constitutional provisions

No. 904 of Organic Law on immediate and transitional constitutional provisions. Certified on: / /20.

BERMUDA BAR DISCIPLINARY TRIBUNAL RULES 1997 BR 55 / 1997

TEACHERS ACT [SBC 2011] Chapter 19. Contents PART 1 - DEFINITIONS

TRIBAL LAND (LAND BOARD SERVICE) REGULATIONS. (under section 37) (10th March, 2006)

Montserrat Miscellaneous Amendments (Constitution of Montserrat) Act, 2011 No. 9 of 2011 M O N T S E R R A T

ARRANGEMENT OF SECTIONS PART I. 1. Short title. 2. Date of commencement. 3. Interpretation. PART II

BERMUDA MINISTERS (CHANGE OF RESPONSIBILITIES AND STYLE) ORDER 2017 BR 115 / 2017

The Agri-Food Act, 2004

BERMUDA CREDIT UNIONS ACT : 43

The Medical Profession Act, 1981

BERMUDA POLICE COMPLAINTS AUTHORITY ACT : 29

PART I PELIMINARY PROVISIONS. PART II ADMINISTRA non

BERMUDA HOTELS (LICENSING AND CONTROL) ACT : 299

SAINT CHRISTOPHER AND NEVIS No. 19 of 2011

Public Sector Management Amendment Act 1995 No 36

THE TANZANIA NEWS AGENCY ACT, 1976

BERMUDA BERMUDA PUBLIC ACCOUNTABILITY ACT : 29

BERMUDA MERCHANT SHIPPING (REPATRIATION) REGULATIONS 2013 BR 108 / 2013

BERMUDA RESIDENTIAL CARE HOMES AND NURSING HOMES ACT : 28

BERMUDA BERMUDA PUBLIC ACCOUNTABILITY ACT : 29

RESOLVED that the Public Service (Teachers) Order, 2018 made by. the Minister responsible for the Civil Service on the

PUBLIC SERVICE ACT 1995 ARRANGEMENT OF SECTIONS PART 1- PRELIMINARY

TAITA TAVETA COUNTY GAZETTE SUPPLEMENT

BERMUDA CASINO GAMING AMENDMENT ACT : 48

The Nakuru County Vocational and Technical (Polytechnics) Bill, 2014 THE NAKURU COUNTY VOCATIONAL AND TECHNICAL (POLYTECHNICS) ACT, 2014

Road Transport (Amendment) 1 A BILL. i n t i t u l e d. An Act to amend the Road Transport Act [ ]

BERMUDA LABOUR RELATIONS ACT : 15

ROYAL CANADIAN MOUNTED POLICE ACT [FEDERAL]

SAINT CHRISTOPHER AND NEVIS STATUTORY RULES AND ORDERS. No. 10 of 2014 PUBLIC SERVICE CODE OF DISCIPLINE

Professional Engineers Act Amended

Chapter 381. Probation Act Certified on: / /20.

BERMUDA BERMUDA ECONOMIC DEVELOPMENT CORPORATION ACT : 33

BERMUDA BERMUDA FIRE AND RESCUE SERVICE ACT : 76

BERMUDA MERCHANT SHIPPING (MEDICAL CERTIFICATION OF SEAFARERS) REGULATIONS 2013 BR 122 / 2013

Policing and Crime Bill

BERMUDA CASINO GAMING (CASINO FEES) REGULATIONS 2017 BR 24 / 2017

BILLE RIALAITHE NA STÁTSEIRBHÍSE (LEASÚ) 2004 CIVIL SERVICE REGULATION (AMENDMENT) BILL Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS

COMPLAINTS ABOUT THE JUDICIARY (SCOTLAND) RULES 2017

BERMUDA TRAFFIC OFFENCES PROCEDURE AMENDMENT ACT : 54

LAWS OF MALAYSIA. Act A1403 SECURITIES COMMISSION (AMENDMENT) ACT 2011

The Collection Agency Act

BERMUDA BERMUDA IMMIGRATION AND PROTECTION AMENDMENT ACT : 30

2000 No. 315 POLICE. The Royal Ulster Constabulary (Conduct) Regulations 2000 STATUTORY RULES OF NORTHERN IRELAND

DISCIPLINARY PROCEDURE FOR TEACHERS, INCLUDING PRINCIPALS AND VICE-PRINCIPALS, IN GRANT AIDED SCHOOLS WITH FULLY DELEGATED BUDGETS

BERMUDA BANKS AND DEPOSIT COMPANIES ACT : 40

The Government Owned Entities Bill, 2014 THE GOVERNMENT OWNED ENTITIES BILL, 2014 ARRANGEMENT OF CLAUSES

BELIZE NATIONAL ASSEMBLY STAFF ACT CHAPTER 14 REVISED EDITION 2011 SHOWING THE SUBSTANTIVE LAWS AS AT 31 ST DECEMBER, 2011

Public Service Act 2004

REGULATED HEALTH PROFESSIONS ACT

The Registered Music Teachers Act, 2002

BERMUDA INVESTMENT BUSINESS ACT : 20

Number 12 of 2002 ROAD TRAFFIC ACT 2002 REVISED. Updated to 17 April 2016

KENYA GAZETTE SUPPLEMENT

Act 4 Judiciary Act 2008

BERMUDA POLICE ACT : 85

BELIZE INTERNATIONAL FINANCIAL SERVICES COMMISSION ACT CHAPTER 272 REVISED EDITION 2011 SHOWING THE SUBSTANTIVE LAWS AS AT 31 ST DECEMBER, 2011

BERMUDA FINANCIAL ASSISTANCE ACT : 24

c 96 The Public Service Amendment Act, 1972

DISTRIBUTED BY VERITAS TRUST

BERMUDA CHARITIES ACT : 2

The Registered Occupational Therapists Act

No. 13 of 2002 AN ACT TO AMEND THE CONSTITUTION OF THE BAHAMAS. [Date of Assent 8 th March, 2002]

TRUSTS (REGULATION OF TRUST BUSINESS) ACT 2001 BERMUDA 2001 : 22 TRUSTS (REGULATION OF TRUST BUSINESS) ACT 2001

PRISONS (SERIOUS OFFENDERS REVIEW BOARD) AMENDMENT ACT 1989 No. 219

Prisons and Courts Bill

BERMUDA INVESTMENT FUNDS ACT : 37

BERMUDA HISTORIC WRECKS ACT : 35

2013 No. POLICE. The Police Service of Scotland (Conduct) Regulations 2013

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

BELIZE KARL HEUSNER MEMORIAL HOSPITAL AUTHORITY ACT CHAPTER 38 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

BERMUDA BERMUDA IMMIGRATION AND PROTECTION ACT : 30

BERMUDA GOOD GOVERNANCE ACT : 35

CHAPTER 47:04 VOCATIONAL TRAINING ARRANGEMENT OF SECTIONS

PROCLAMATION ARRANGEMENT OF SECTIONS

BERMUDA BERMUDA HOSPITALS BOARD ACT : 384

Information Privacy Act 2000

BERMUDA ELECTRICITY ACT : 2

NATIONAL POLICE SERVICE ACT

AMBULANCE SERVICES ACT, 1985

Number 44 of 2004 ROAD TRAFFIC ACT 2004 REVISED. Updated to 1 June 2017

POLICE COMPLAINTS AUTHORITY ACT 1998 BERMUDA 1998 : 29 POLICE COMPLAINTS AUTHORITY ACT 1998

AGROLOGISTS, The Agrologists Act. being

BERMUDA REHABILITATION OF OFFENDERS ACT : 6

BELIZE BORDER MANAGEMENT AGENCY ACT CHAPTER 144 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

PUBLIC INTEREST DISCLOSURE (WHISTLEBLOWER PROTECTION) ACT

Nigerian Prisons Service Commission (Establishment, etc.) NIGERIAN PRISONS SERVICE COMMISSION (ESTABLISHMENT, ETC.) BILL, 2006

Papua New Guinea Consolidated Legislation

Public Service Act 13 of 1995 (GG 1121) brought into force on on 1 November 1995 by GN 210/1995 (GG 1185)

Transcription:

QUO FA T A F U E R N T BERMUDA PUBLIC SERVICE (DELEGATION OF POWERS) REGULATIONS 2001 BR 82 / 2001 TABLE OF CONTENTS 1 2 3 4 4A 5 6 7 8 Citation and commencement Definitions Delegation of powers Delegated powers to be exercised in accordance with Public Service Commission Regulations Head of the Civil Service may delegate functions to Assistant Cabinet Secretary Reference to Commission Appeals Revocation of BR No. 34/1979 Transitional provision SCHEDULE The Governor, in exercise of the powers conferred upon him by section 83(1) of the Constitution and acting in accordance with the recommendation of the Public Service Commission, makes the following Regulations: Citation and commencement 1 These Regulations may be cited as the Public Service (Delegation of Powers) Regulations 2001 and come into operation on 21 st November, 2001. Definitions 2 In these Regulations the Code means the Conditions of Employment and Code of Conduct made by the Governor; 1

the Commission means the Public Service Commission for Bermuda established under section 81 of the Constitution; Department means a department of the Government and includes any other organ or branch of the Government; Director means the most senior personnel officer in the Department of Personnel Services; offence means misconduct or gross misconduct by a public officer as set out in the Code; penalty means a penalty for a offence and misconduct penalty and gross misconduct penalty have the meanings assigned to those expressions in the Code; established office means an office determined by acting on the advice of the Cabinet to be permanent; Head of Department means the officer who manages and supervises a Department; Head of the Civil Service means the officer who has overall responsibility for the public service; non-established office means an office that is not an established office; office means a public office within the meaning given to that expression by section 102 of the Constitution; officer means the holder of an office. [Regulation 2 amended by BR 87/2007 reg. 2 effective 28 September 2007] Delegation of powers 3 The powers vested in by section 82 of the Constitution in relation to the offices specified in Column 1 of the Schedule are delegated to the public officer specified in Column 2 of the Schedule to the extent set out in Column 3 of the Schedule and subject to the conditions set out in Column 4 of the Schedule. Delegated powers to be exercised in accordance with Public Service Commission Regulations 4 The public officer to whom powers are delegated under these Regulations shall, in exercising those powers, act in accordance with the Public Service Commission Regulations 2001 as if references in those Regulations to the Commission were references to the public officer. Head of the Civil Service may delegate functions to Assistant Cabinet Secretary 4A The Head of the Civil Service may designate an Assistant Cabinet Secretary to perform any of his functions under these Regulations. [Regulation 4A inserted by BR 55 / 2011 reg. 2 effective 7 October 2011] 2

Reference to Commission 5 Where any power is by these Regulations delegated to any persons acting jointly, if those persons fail to agree on the exercise of the power the matter shall be referred to the Commission and the Commission shall exercise the power. Appeals 6 The holder of an established office who is aggrieved by any penalty imposed by a person to whom powers are delegated by these Regulations may appeal in accordance with the Public Service Commission Regulations 2001: Provided that where provision is made for an appeal in any statutory instrument specified in Column 4 of the Schedule relating to the exercise of control that provision shall apply. Revocation of BR No. 34/1979 7 The Public Service (Delegation of Powers) Regulations 1979 are revoked. Transitional provision 8 Notwithstanding Regulation 7, any matter which is being dealt with under the regulations revoked by that regulation ( the revoked regulations ) on the day these Regulations come into force shall be continued under the revoked regulations as if these Regulations had not been made. 3

SCHEDULE (Reg. 3) Column 1 Public Officers Column 2 Public Officer to whom Powers are delegated Column 3 Extent of Delegation Column 4 Conditions of Delegation 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 Command-ant or below and the office of Traffic Warden Police of That the provisions of the Police (Conduct) Orders 2016 shall apply to the exercise of control in the case of police officers. 2. The office of Police Officer of the rank of Inspector or Chief Inspector Police of The power to exercise control not involving removal from office or reduction in rank That the provisions of the Police (Conduct) Orders 2016 shall apply to the exercise of control. 3. The office of Prison Officer of the rank of Divisional Officer and below Prisons of That the provisions of the Prison Officers (Discipline Etc.) Rules 1981 shall apply to the exercise of such powers. 4. The office of any public officer employed to serve outside Bermuda as an officer of the Department of Tourism Director of Department of Tourism 4A. [revoked] 4

5. The office of deputy principal, teacher and teacher in a post of special responsi-bility Head of Department 6. The office of Fire Officer of the rank of Lieutenant and below Chief Fire Officer That the provisions of regulations or orders made under section 17 or 18 of the Bermuda Fire and Rescue Service Act 1982 shall apply to the exercise of such powers. 7. For posts in the Office of the Auditor-General below Assistant Auditor Auditor-General 7A. For posts in the Office of the Information below Deputy Information Information 7B. For posts in the Office of the Privacy below Deputy Privacy Privacy 8. Any office. Head of the Civil Service. Power to make acting appointments. That: (a) the power be exercised only if the post is vacant, or if there is a legal requirement to have a post-holder available to perform the duties and responsibilities of 5

the substantive holder while the substantive holder is on leave or is absent for any other reason; and (b) the appointment shall not be for a period in excess of 6 months from the date when the appointment takes effect without the approval of the Commission. 8A. Any office. Head of Department and the Director (or officer designated by the Director) acting jointly. 8B. Any office. Head of Department and the Director (or officer designated by the Director) acting jointly. Power to make deputizing appointments. Power to make temporary relief appointments. That the appointment shall not be for a period in excess of 6 months from the date when the appointment takes effect without the approval of the Commission. 9. Any office, other than those specified in paragraphs 1, 2, 3, 4, 4A, 5, 6, 7, 12 and 13 10. Any office, other than those specified in paragraphs 1, 2, Head of the Civil Service (gross misconduct) or Head of Department (misconduct) Head of the Civil Service in relation to control including power to award a misconduct or gross misconduct penalty Power to post or transfer officers of the same grade range and within 6

3, 4, 4A, 5, 6, 7, 12 and 13 11. Any office the grade of which ends either at PS25 or at any lower step on the salary scale 12. Any non-established office, including industrial or temporary employees 13. The office of any public officer employed to serve outside Bermuda as an officer in a consular or representative Office of the Government of Bermuda Head of Department and the Director (or officer designated by the Director) acting jointly Head of the Civil Service (gross misconduct) or Head of Department (misconduct) Secretary to the Cabinet the same class of employment with the public service and to make transfers and to defer, stop or suspend annual increments other than in relation to the exercise of control and the power to make appointments on transfer. The delegation does not apply to the appointment of any trainee. in relation to control including power to award a misconduct or gross misconduct penalty 7

14. Any Cabinet Office intern where the grade of the office ends either at PS 25 or at any lower step on the salary scale Secretary to the Cabinet Power to make appointments [Schedule amended by BR 50/2003 effective 29 August 2003; Item 6 amended by 2007:23 s.16 effective 2 July 2007; Items 8, 9, 10 and 12 amended by BR 87/2007 reg. 2 effective 28 September 2007; Schedule amended by BR 36/2010 reg. 2 effective 28 May 2010; amended by BR 46 / 2011 reg. 2 effective 2 September 2011; amended by BR 27 / 2012 para. 2 effective 18 April 2012; amended by BR 64 / 2013 reg. 2 effective 20 July 2013; paragraph 4A revoked by 2016 : 28 s. 30 effective 1 October 2016; paragraphs 1 and 2 amended by 2016 : 44 s. 7 effective 2 December 2016; amended by BR 2 / 2018 reg. 2 effective 13 January 2018] Made this 21 st day of November, 2001 Governor [Amended by: BR 50/2003 2007 : 23 BR 87/2007 BR 36/2010 BR 46 / 2011 BR 55 / 2011 BR 27 / 2012 BR 64 / 2013 2016 : 28 2016 : 44 BR 2 / 2018] 8