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the draft constitution of the commonwealth of grenada

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CHAPTER XIII<br />

PART 1<br />

THE PROTECTIVE SERVICES COMMISSION<br />

The Protective Services<br />

Commission<br />

184.(1) There shall be a Protective Services Commission<br />

for Grenada consisting <strong>of</strong> a Chairman and not fewer than three or<br />

more than five o<strong>the</strong>r members.<br />

(2) The members <strong>of</strong> <strong>the</strong> Protective Services<br />

Commission shall be appointed by <strong>the</strong> President by instrument<br />

under <strong>the</strong> Public Seal, after <strong>the</strong> President has consulted with <strong>the</strong><br />

Prime Minister and <strong>the</strong> Leader <strong>of</strong> <strong>the</strong> Opposition.<br />

(3) The functions <strong>of</strong> <strong>the</strong> Protective Services<br />

Commission shall pertain to <strong>the</strong> operations <strong>of</strong> <strong>the</strong> Police Force, <strong>the</strong><br />

Fire Service, and <strong>the</strong> Prison Service <strong>of</strong> Grenada, and <strong>of</strong> any<br />

Defence Forces operating in Grenada, whe<strong>the</strong>r established by <strong>the</strong><br />

Parliament <strong>of</strong> Grenada or as a regional body established by <strong>the</strong><br />

Member-States <strong>of</strong> CARICOM; and to all matters concerning <strong>the</strong><br />

appointment, removal, organisation and discipline <strong>of</strong> <strong>the</strong>ir<br />

members.<br />

(4) No person shall be qualified to be appointed as a<br />

member <strong>of</strong> <strong>the</strong> Protective Services Commission if he or she holds<br />

or is acting in any public <strong>of</strong>fice o<strong>the</strong>r than <strong>the</strong> <strong>of</strong>fice <strong>of</strong> member <strong>of</strong><br />

<strong>the</strong> Judicial and Legal Services Commission or member <strong>of</strong> <strong>the</strong><br />

Public Service Commission.<br />

(5) A member <strong>of</strong> <strong>the</strong> Protective Services Commission<br />

shall not, within a period <strong>of</strong> three years commencing with <strong>the</strong> date<br />

on which he or she last held or acted in that <strong>of</strong>fice, be eligible for<br />

appointment to any <strong>of</strong>fice, <strong>the</strong> power to make appointments to<br />

which is vested by this Constitution in <strong>the</strong> President, acting on <strong>the</strong><br />

advice <strong>of</strong> <strong>the</strong> Protective Services Commission.<br />

(6) The <strong>of</strong>fice <strong>of</strong> a member <strong>of</strong> <strong>the</strong> Protective Services<br />

Commission shall become vacant–<br />

(a) at <strong>the</strong> expiration <strong>of</strong> five years from <strong>the</strong> date<br />

<strong>of</strong> his or her appointment or such earlier<br />

time as may be specified in <strong>the</strong> instrument<br />

by which he or she was appointed;<br />

(b)<br />

(c)<br />

if he or she resigns his or her <strong>of</strong>fice;<br />

if he or she is appointed to any public <strong>of</strong>fice<br />

o<strong>the</strong>r than <strong>the</strong> <strong>of</strong>fice <strong>of</strong> member <strong>of</strong> <strong>the</strong><br />

Judicial and Legal Services Commission or<br />

member <strong>of</strong> <strong>the</strong> Public Service Commission;<br />

(d) if <strong>the</strong> President, acting on <strong>the</strong><br />

recommendation <strong>of</strong> <strong>the</strong> Prime Minister after<br />

consultation with <strong>the</strong> Leader <strong>of</strong> <strong>the</strong><br />

Opposition, directs that he or she shall be<br />

removed from <strong>of</strong>fice for inability to<br />

discharge <strong>the</strong> functions <strong>the</strong>re<strong>of</strong> (whe<strong>the</strong>r<br />

arising from infirmity <strong>of</strong> body or mind or<br />

any o<strong>the</strong>r cause) or for misbehaviour.<br />

95

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