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2019-06-25

OBJECTS AND REASONS

This Bill would amend certain enactments relating to the Public Service consequent upon the Constitution (Amendment) (No. 2) Act, 2019 (Act 2019-16) and would provide for related matters.

Arrangement of Sections

Short title

Amendment of enactments set out in the Schedule

SCHEDULE

1.

2.

2

BARBADOS

A Bill entitled

An Act to amend certain enactments relating to the public service and to provide for related matters.

ENACTED by the Parliament of Barbados as follows:

Short title

This Act may be cited as the Public Service (Miscellaneous Provisions) Act, 2019.

Amendment of enactments set out in the Schedule

The enactments set out in column 1 of the Schedule are amended in the respect set out opposite thereto in column 2.

1.

2.

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L.R.O. 1998

SCHEDULE

(Section 2)

CONSEQUENTIAL AMENDMENTS

Column 1

Enactments

1. Pensions Act , Cap. 25

Column 2

Amendments

In section 2(1),

(a) delete paragraphs (b) and (c) and substitute the following:

"(b) in the case of an offi cer appointed to serve as a teacher, the Teaching

Service Commission;

(c) in the case of an offi cer appointed to serve as a

(i) member o f the Po l i ce Force, the Prison Service or the Fire Service; or

(ii) Forensic Scientist, Customs Officer, Immigration Officer or Security Guard,

the Protective Services Commission;";

(b) insert immediately after paragraph (c) the following:

"(d) in any other case, the Administrative, General and Professional Service

Commission.".

5

L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Schedule - (Cont'd)

Column 1

Enactments

1. Pensions Act , Cap. 25 - (Concl'd)

2. P u b l i c S e r v i c e A c t , Cap. 29

Column 2

Amendments

In section 2A, delete the words "section 2 of the Civil Establishment Act" and substitute the words "section 13(1) of the Public Service Act, Cap. 29".

In section 8(9)(b), delete the words "Civil Establishment Act" and substitute the words "Public Service Act, Cap. 29".

In the First Schedule delete the words "Chief Personnel Offi cer" and substitute the words "Director General".

In section 2,

(a) delete paragraph (b) of the definition of "Public Service" or "Service" and substitute the following:

"(b) the office of a member of the Judicial and Legal Service

Commission, Teaching Service Commission, Administrative,

General and Professional Service Commission or the Protective

Services Commission;";

(b) delete paragraphs (b) and (c) of the defi nition of "Service Commission" or "Commission" and substitute the following:

"(b) Administrative, General and Professional Service Commission established by section 90(1) of the Constitution;

6

L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Schedule - (Cont'd)

Column 1

Enactments

2. P u b l i c S e r v i c e A c t , Cap. 29 - (Cont'd)

Column 2

Amendments

(c) Protective Services Commission established by section 91(1) of the Constitution;" or;

(c) insert immediately after paragraph (c) the following:

"(d) Teaching Service Commission established by section 93A of the Constitution,".

Insert immediately after section 6 the following:

"Functions of the Director General

6A. There shall be a Director General, Human Resources, who shall perform the following functions:

(a) provide human resource management advice to

(i) the Service Commissions e s t a b l i s h e d u n d e r t h e Constitution;

(ii) Permanent Secretaries and Heads of Departments;

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L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Schedule - (Cont'd)

Column 1

Enactments

2. P u b l i c S e r v i c e A c t , Cap. 29 - (Cont'd)

Column 2

Amendments

(b) a s s i s t t h e M i n i s t e r i n t h e formulation and development of the human resource management policy for the public service;

(c) perform the functions relating to the

(i) r e c r u i t m e n t , s e l e c t i o n , placement and transfer of

personnel;

(ii) appoin tment , p romot ion , discipline and retirement of personnel; and

(iii) training and development;

(d) ensure that each Minis try or D e p a r t m e n t i m p l e m e n t s t h e

app rop r i a t e human r e sou rce systems to adequately manage the Ministry or Department;

(e) c a r r y o u t h u m a n r e s o u r c e management audits throughout the public service to ensure that the Ministry or Department complies w i t h t h e h u m a n r e s o u r c e management and development policy; and

(f) perform such other functions as may be prescribed.

8

L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Schedule - (Cont'd)

Column 1

Enactments

2. P u b l i c S e r v i c e A c t , Cap. 29 - (Cont'd)

Column 2

Amendments

"Validation

6B. Where, before the commencement of this section, it was provided by any enactment that any act should be done or any function should be performed by the Chief Personnel Offi cer and that act was purported to have been done or that duty was purported to have been performed by

(a) the Permanent Secretary, Ministry of the Civil Service;

(b) the Permanent Secretary, Ministry of the Public Service;

(c) the Director, People Resourcing and Compliance; or

(d) the Director General , Human Resources,

that act shall be deemed to have been as lawfully and validly done and that function shall be deemed to have been as lawfully and validly performed as if the act had been done or the function had been performed by the Chief Personnel Offi cer.".

In section 19,

(a) delete the figure "(1)" appearing at the beginning of the section; and

(b) delete paragraph (c) and substitute the following:

"(c) t o wh ich the Cons t i tu t ion (De lega t ion o f Func t ions - Administrative, General and Professional and Protective Services Commission) (Miscellaneous Provisions) Order, 2019 (S.I. 2019- ) refers, shall be made in accordance

with the provisions of that Order.".

9

L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Schedule - (Cont'd)

Column 1

Enactments

2. P u b l i c S e r v i c e A c t , Cap. 29 - (Cont'd)

Column 2

Amendments

In the First Schedule, in the paragraph appearing under sub-heading General,

(a) delete the words "Public Service Commission" and substitute the words "Administrative, Gene ra l and P ro fe s s iona l Se rv i ce Commission";

(b) insert immediately after the word "Judicial and Legal Service Commission" the words "Teaching Service Commission";

(c) delete the words "Police Service Commission" and substitute the words "Protective Services Commission".

In the Second Schedule,

(a) in the Code of Conduct and Ethics delete the words "Civil Service" appearing in paragraph 17(2) and substitute the words

"Public Service";

(b) delete the words "Chief Personnel Offi cer" in paragraph 26 and substitute the words

"Director General, Human Resources".

In the Third Schedule, delete the words "Chief Personnel Offi cer" wherever they appear and substitute the words "Director General, Human Resources".

10

L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Schedule - (Cont'd)

Column 1

Enactments

2. P u b l i c S e r v i c e A c t , Cap. 29 - (Concl'd)

3. Public Employees Pensions Act, Cap. 30

Column 2

Amendments

In paragraph 1(c) of the Fourth Schedule,

(a) delete the words "Civil Service" where they appear and substitute the words "Public Service"; and

(b) delete the words "Chief Personnel Offi cer" where they appear and substitute the words "Director General, Human Resources".

In the Fifth Schedule,

(a) delete the words "Civil Service" appearing in paragraph 1(b) and substitute the words "Public Service"; and

(b) delete paragraph 1(d).

In section 2,

(a) in the definition of "public employee" or "employee", delete the words "section (2) of the Civil Establishment Act" and substitute the words "section 13(1) of the Public Service Act, Cap. 29";

(b) in paragraph (c) of the defi nition of "public service", delete the word "Establishments" and substitute the words "the Public Service".

In section 3(2) and (5) delete the word "Establishments" and substitute the words "the Public Service".

11

L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Schedule - (Cont'd)

Column 1

Enactments

4. Service Commissions Act, Cap. 34

Column 2

Amendments

In the long title, by deleting the words "the Public Service Commission and the Police Service Commission" and substituting the words "the Administrative, General and Professional Service Commission and the Protective Services Commission".

In section 2,

(a) in the defi nition of "Chairman", delete the words "the Chairman of the Public Service Commission or the Chairman of the Police Service Commission" and substitute the words "the Chairman of the Administrative, General and Professional Service Commission or the Chairman of the Protective Services Commission";

(b) in the defi nition of "Commission" delete the words "the Public Service Commission or the Police Service Commission" and substitute

the words "the Administrative, General and Professional Service Commission or the Protective Services Commission".

In the defi nition of "Governor-General's personal staff", delete the words "section 2 of the Civil Establishment Act" and substitute the words "section 13(1) of the Public Service Act, Cap. 29".

In section 3(3), delete the words "and the Public Service Commission" and substitute the words "and the Administrative, General and Professional Service Commission.".

12

L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Schedule - (Cont'd)

Column 1

Enactments

4. Service Commissions Act, Cap. 34 - (Concl'd)

Column 2

Amendments

In section 4, delete the word "Establishments" and substitute the words "the Public Service".

In section 7,

(a) delete the words "Public Service Commission in paragraph (b) and substitute the words

"Administrative, General and Professional Service Commission"; and

(b) delete the words "Public Service Commission" in paragraph (d) and substitute the words "Administrative, General and Professional Service Commission".

In section 8,

(a) delete the words "Police Service Commission" in paragraph (c) and substitute the words "Protective Service Commission";

(b) delete the words "Public Service Commission" in paragraph (c)(iv) and substitute the words "Administrative, General and Professional Services Commission"; and

(c) delete the words "Police Service Commission" in paragraph (c)(v) and substitute the

words "Protective Services Commission".

13

L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Schedule - (Cont'd)

Column 1

Enactments

4. Service Commissions Act, Cap. 34 - (Concl'd)

5. Fire Service Act, Cap. 163

6. Police Act, Cap. 167

7. Police Complaints Authority, Cap. 167A

Column 2

Amendments

In section 11(1)

(a) delete the words "Public Service Commission" in sub-paragraph (iii) and substitute the

words "Administrative, General and Professional Service Commission"; and

(b) delete the words "Police Service Commission" in sub-paragraph (iv) and substitute the

words "Protective Services Commission".

In the Schedule, in paragraphs "A" and "B" delete the words "Public Service Commission/Police Service Commission" and substitute the words "Administrative, General and Professional Service Commission/ Protective Services Commission".

In section 4, delete the words "Civil Establishment Act" and substitute the words "Public Service Act, Cap. 29".

In section 6, delete the words section 2 of the "Civil Establishment Act" and substitute the words "section 13(1) of the Public Service Act, Cap. 29".

In section 32A(1)(f)(v), delete the words "Police Service Commission" and substitute the words "Protective Services Commission".

In section 80(1), delete the words "Civil Establishment Act" and substitute the words "Public Service Act, Cap. 29".

In section 81, delete the words "Police Service Commission" and substitute the words "Protective Services Commission".

In section 6 delete the words "Civil Establishment Act" in subsection (1) and substitute the words "Public Service Act, Cap. 29".

14

L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Schedule - (Cont'd)

Column 1

Enactments

8. Prisons Act, Cap. 168

9. Immigration Act, Cap. 190

Column 2

Amendments

In section 2, delete the words "Civil Establishment Act" and substitute the words "Public Service Act, Cap. 29".

In section 4, delete the words "Civil Establishment Act" in subsection (1) and substitute the words "Public Service Act, Cap. 29".

In section 12, delete the words "Civil Establishment Act" and substitute the words "Public Service Act, Cap. 29".

In section 2 delete the defi nition of "immigration offi cer" and substitute the following:

"immigration offi cer" means the Chief Immigration Offi cer, the Deputy Chief Immigration Offi cer, the Assistant Chief Immigration Offi cer and Immigration Offi cer appointed under section 13(1) of the Public Service Act, Cap. 29.".

In section 25, delete subsections (1), (2) and (3) and substitute the following:

"(1) The Chief Immigration Officer and immigration officers shall be appointed in accordance with section 13(1) of the Public Service Act, Cap. 29.

(2) The number of immigration officers that may be appointed under subsection (1) and the conditions of service of such offi cers shall be such as may be determined by the Minister responsible for the Public Service.

15

L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Schedule - (Cont'd)

Column 1

Enactments

9. Immigration Act, Cap. 190 - (Concl'd)

10. Pensions Regulations, 1947 (S.I. 1947 No. 20)

11. Pensions Barbados (Overseas Officers Retirement and Compensation) Regulations, 1968 (S.I. 1968/27)

12. Police Band (Apprentices) Regulations, 1979 (S.I. 1979 No. 38)

Column 2

Amendments

(3) The Chief Immigration Officer shall be responsible for the general management and administration of the Immigration Department, and all other immigration offi cers shall perform such functions as are assigned to them by the Chief Immigration Offi cer.".

In regulation 19(5) delete the word "Establishments" and substitute the words "the Public Service".

In regulation 27A(5), delete the words "section 2 of the Civil Establishment Act" and substitute the words "section 13 of the Public Service Act".

In regulation 2(1)

(a) d e l e t e t h e w o r d s " P o l i c e S e r v i c e Commission" and substitute the words "Protective Services Commission";

(b) d e l e t e t h e w o r d s " P u b l i c S e r v i c e Commission" appearing in paragraph (c) and substitute the words "Administrative, General and Professional Service Commission.".

In paragraph 2(m) of the Schedule, delete the words "Police Service Commission" and substitute the words, "Protective Services Commission".

In paragraph 3(e) of the Schedule, delete the words "Civil Establishment (Part-time Offi cers) Order, 1980" and substitute the words "Public Service (Part-time Offi cers) Order, 2018 (S.I. 2018 No. 78)."

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L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Schedule - (Cont'd)

Column 1

Enactments

13. Service Commissions (Police Service) Regulations, 1964 (S.I. 1964 No. 69)

14. P o l i c e ( P r o m o t i o n ) R e g u l a t i o n s , 1 9 9 8 , (S.I. 1998 No. 120)

Column 2

Amendments

Delete regulation 3 and substitute the following:

"Duties of Director General

3. The Director General, Human Resources shall

(a) submit matters for the decision of the Commission;

(b) designate an offi cer not below the rank of Deputy Director to attend all meetings of the Commission;

(c) attend meetings of the Commission when required to do so by the Commission;

(d) give effect to the decisions of the Commission;

(e) ensure that all documents and papers relating to any matter being or to be considered by the Commission are made available to the Commission.".

In regulation 2, in the defi nition of "Commission", delete the words "Police Service Commission" and substitute the words "Protective Services Commission".

In regulation 7(2), delete the words "Police Service Commission" and substitute the words "Protective Services Commission".

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L.R.O. 1998Schedule - (Cont'd)

Column 1

Enactments

14. P o l i c e ( P r o m o t i o n ) R e g u l a t i o n s , 1 9 9 8 , (S.I. 1998 No. 120) - (Concl'd)

15. P o l i c e ( D i s c i p l i n e ) R e g u l a t i o n s , 1 9 9 8 (S.I. 1998 No. 122)

16. Service Commissions (Public Service) Regulat ions ,

1978 (S.I. 1978 No. 183)

Column 2

Amendments

In regulation 13, delete the words "Police Service Commission" and substitute the words "Protective Services Commission".

In regulation 2, in the defi nition of "Commission" delete the words "Police Service Commission" and substitute the words "Protective Services Commission".

In regulation 19(2)(b) delete the words "Chief Personnel Offi cer" and substitute the words "Director General, Human Resources".

In regulation 2, in the defi nition of "misconduct", delete the word "Establishments" and substitute the words "the Public Service".

Delete regulation 9 and substitute the following:

"Duties of Director General

9. It shall be the duty of the Director General, Human Resources to

(a) submit, whether in writing or orally, matters for the decision of

the Commission;

(b) designate an offi cer not below the rank of Deputy Director to attend all meetings of the Commission;

18

L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Cont'd)

Schedule - (Cont'd)

Column 1

Enactments

16. Service Commissions (Public Service) Regulations, 1978

(S.I. 1978 No. 183) - (Cont'd)

Column 2

Amendments

(c) attend meetings of the Commission when required so to do by the Commission;

(d) carry out the decisions of the Commission; and

(e) ensure that all documents and papers relating to any matter being or to be considered by the Commission are made available to the Commission.".

In regulation 16(1), delete the words "Chief Personnel Offi cer" and substitute the words "Director General, Human Resources".

In regulation 17(2), delete the words "Chief Personnel Offi cer" and substitute the words "Director General, Human Resources".

In regulation 18(1), delete the words "Chief Personnel Offi cer" and substitute the words "Director General, Human Resources".

In regulation 19(1), delete the words "Chief Personnel Offi cer" and substitute the words "Director General, Human Resources".

In regulation 24(1) and (2), delete the words "Chief Personnel Offi cer" and substitute the words "Director General, Human Resources".

19

L.R.O. 1998

CONSEQUENTIAL AMENDMENTS - (Concl'd)

Schedule - (Concl'd)

Column 1

Enactments

16. Service Commissions (Public Service) Regulations, 1978

(S.I. 1978 No. 183) - (Concl'd)

17. Public Service (Leave Passages) Order, 1966 (S.I. 1966/17)

Column 2

Amendments

In regulation 27(2), delete the words "Chief Personnel Offi cer" and substitute the words "Director General, Human Resources".

In regulation 32(2), delete the words "Chief Personnel Offi cer, the Chief Establishments Offi cer" and substitute the words "Director General, Human Resources".

In regulation 33(3)(b), delete the words "Chief Personnel Offi cer" and substitute the words "Director General".

Delete the words

(a) "Chief Personnel Officer" appearing in paragraph 5(2) and 11(2) and substitute the words "Director General, Human Resources";

(b) "Schedule B to the Civil Establishment Act" whenever they appear and substitute

the words "Second Schedule to the Public Service (General) Order, 2018 (S.I. 2018 No. 75)".

20