Jamaica 1962 (rev. 1994)

34. Establishment of Parliament

35. Senate

1. Size of second chamber
   The Senate shall consist of twenty-one persons who being qualified for appointment as Senators in accordance with this Constitution have been so appointed in accordance with the provisions of this section.
2. Thirteen Senators shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, by instrument under the Broad Seal.
3. The remaining eight Senators shall be appointed by the Governor-General, acting in accordance with the advice of the Leader of the Opposition, by instrument under the Broad Seal.

36. House of Representatives

37. Qualifications and disqualifications for electors

1. Minimum age for first chamber
   Subject to the provisions of subsection (2) of this section a person shall be qualified to be registered as an elector for elections to the House of Representatives if, and shall not be so qualified unless, he is—
   1. a citizen of Jamaica resident in Jamaica at the date of registration, or
   2. a Commonwealth citizen (other than a citizen of Jamaica) who is resident in Jamaica at the date of registration and who has been so resident for at least twelve months immediately preceding that date,

   and has attained the prescribed age.

2. Eligibility for first chamber
   No person shall be qualified to be registered as an elector for elections to the House of Representatives who—
   1. is under sentence of death imposed on him by a court in any part of the Commonwealth, or is serving a sentence of imprisonment (by whatever name called) of or exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court or is under such a sentence of imprisonment the execution of which is suspended; or
   2. is disqualified for such registration by or under any law for the time being in force in Jamaica because he has been convicted of any offence connected with the election of members of the House of Representatives or of any local authority or body for local purposes; or
   3. is, under any law for the time being in force in Jamaica, certified to be insane or otherwise adjudged to be of unsound mind or detained as a criminal lunatic; or
   4. is disqualified for such registration by any law for the time being in force in Jamaica by reason of his holding, or acting in, any office the functions of which involve responsibility for, or in connection with the election in the constituency in which such person would otherwise be entitled to vote.
3. Minimum age for first chamber
   In this section, “the prescribed age” means—
   1. the age of twenty-one years, or
   2. such other age being less than the age of twenty-one years but not less than the age of eighteen years that may from time to time be prescribed by a special Act; and “a special Act” means an Act of Parliament the Bill for which has been passed by both Houses and at the final vote thereon in each House has been supported by the votes of a majority of all the members of that House.
4. A special Act may be repealed or amended by another special Act and in no other manner.

38. Electoral law

1. Any law for the time being providing for the election of members of the House of Representatives shall—
   1. contain provisions designed to ensure that so far as is practicable any person entitled to vote at an election of members of the House of Representatives shall have a reasonable opportunity of so voting; and
   2. contain provisions relating to the conduct of elections of members of the House of Representatives, including provisions relating to the identification of electors, designed to ensure that as far as is practicable no person shall vote at an election of a member of the House of Representatives—
      1. who is not entitled to vote; or
      2. when he is not entitled to vote; or
      3. where he is not entitled to vote:

   Provided that this paragraph shall not come into operation until the first day of January 1964.

2. No election of a member of the House of Representatives shall be called in question on the ground that the law under which that election was conducted was inconsistent with this section.

39. Qualifications for membership of Senate and House of Representatives

40. Disqualifications for membership of Senate and House of Representatives

1. Eligibility for first chamber
   No person shall be qualified for election as a member of the House of Representatives who—
   1. is a member of the Senate;
   2. is disqualified for election by any law for the time being in force in Jamaica by reason of his holding, or acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any election, or any responsibility for the compilation or revision of any electoral register.
2. Eligibility for second chamber, Eligibility for first chamber
   No person shall be qualified to be appointed as a Senator or elected as a member of the House of Representatives who—
   1. is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State;
   2. Outside professions of legislators
      holds or is acting in any public office or the office of Judge of the Supreme Court or Judge of the Court of Appeal or, save as is otherwise provided by Parliament, is a member of a defence force;
   3. is a party to, or a partner in a firm or a director or manager of a company which to his knowledge is a party to, any contract with the Government of Jamaica for or on account of the public service, and has not—
      1. in the case of appointment as a Senator, by informing the Governor-General; or
      2. in the case of election as a member of the House of Representatives, by publishing a notice in the Gazette within one month before the day of election,

      previously disclosed the nature of such contract and his interest or the interest of such firm or company therein;

   4. subject to the provisions of subsection (3) of this section, is under sentence of death imposed on him by a court in any part of the Commonwealth, or is serving a sentence of imprisonment (by whatever name called) of or exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by a such a court or is under such a sentence of imprisonment the execution of which is suspended;
   5. Rights of debtors
      has been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth and has not been discharged;
   6. is, under any law for the time being in force in Jamaica, certified to be insane or otherwise adjudged to be of unsound mind or detained as a criminal lunatic; or
   7. is disqualified for membership of the House of Representatives by or under any law for the time being in force in Jamaica because he has been convicted of any offence connected with the election of members of that House or of any local authority or body for local purposes.
3. For the purposes of paragraph (d) of subsection (2) of this section—
   1. where a person is serving two or more sentences of imprisonment that are required to be served consecutively he shall, throughout the whole time during which he so serves, be regarded as serving a sentence of or exceeding six months if (but not unless) any one of those sentences amounts to or exceeds that term; and
   2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

41. Tenure of office of Senators and members of House of Representatives

1. Removal of individual legislators
   The seat of a member of either House shall become vacant—
   1. upon the next dissolution of Parliament after he has been appointed or elected;
   2. if he resigns his seat;
   3. Attendance by legislators
      if he is absent from sittings of the House for such period and in such circumstances as may be prescribed in the Standing Orders of the House;
   4. if he ceases to be a Commonwealth citizen or takes any oath or makes any declaration or acknowledgment of allegiance, obedience or adherence to any foreign Power or State or does, concurs in or adopts any act done with the intention that he shall become a subject or citizen of any foreign Power or State;
   5. if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified for appointment or election as such by virtue of paragraph (b) or (g) of subsection (2) of section 40 of this Constitution,
   6. if he becomes a party to any contract with the Government of Jamaica for or on account of the public service:

      Provided that—

      1. if in the circumstances it appears to the Senate (in the case of a Senator) or to the House of Representatives (in the case of a member of that House) to be just so to do, the Senate, or the House of Representatives (as the case may be) may exempt any member from vacating his seat under the provisions of this paragraph, if that member, before becoming a party to such contract as aforesaid, discloses to the Senate or to the House of Representatives (as the case may be) the nature of such contract and his interest therein;
      2. if proceedings are taken under section 44 of this Constitution to determine whether a Senator or a member of the House of Representatives has vacated his seat under the provisions of this paragraph he shall be declared by the Court not to have vacated his seat if he establishes to the satisfaction of the Court that he, acting reasonably, was not aware that he was or had become a party to such contract;
   7. Outside professions of legislators
      if any firm in which he is a partner, or any company of which he is a director or manager, becomes a party to any contract with the Government of Jamaica for or on account of the public service or if he becomes a partner in a firm, or a director or manager of a company which is a party to any such contract:

      Provided that—

      1. if in the circumstances it appears to the Senate (in the case of a Senator) or to the House of Representatives (in the case of a member of that House) to be just so to do, the Senate or the House of Representatives (as the case may be) may exempt any Senator or member from vacating his seat under the provisions of this paragraph if that Senator or member, before or as soon as practicable after becoming interested in such contract (whether as a partner in a firm or as director or manager of a company), discloses to the Senate or to the House of Representatives (as the case may be) the nature of such contract and the interest of such firm or company therein;
      2. if proceedings are taken under section 44 of this Constitution to determine whether a Senator or a member of the House of Representatives has vacated his seat under the provisions of this paragraph, he shall be declared by the Court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that the firm or company was or had become a party to such contract.
2. Removal of individual legislators
   The seat of a member of the House of Representatives shall become vacant if—
   1. Eligibility for first chamber
      he is appointed as a Senator; or
   2. any circumstances arise that, if he were not a member of the House of Representatives, would cause him to be disqualified for election as such by virtue of paragraph (b) of subsection (1) of section 40 of this Constitution.
3. 1. Subject to the provisions of paragraph (b) of this subsection, if any member of either House is sentenced by a court in any part of the Commonwealth to death or to imprisonment (by whatever name called) for a term of or exceeding six months, he shall forthwith cease to exercise any of his functions as a member and his seat in the House shall become vacant at the expiration of a period of thirty days thereafter:

      Provided that the President or the Speaker, as the case may be, may at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue any appeal in respect of his conviction or sentence, so, however, that extensions of time exceeding in the aggregate three hundred and thirty days shall not be given without the approval, signified by resolution, of the House concerned.

   2. If at any time before the member vacates his seat he is granted a free pardon or his conviction is set aside or his sentence is reduced to a term of imprisonment of less than six months or a punishment other than imprisonment is substituted, his seat shall not become vacant under paragraph (a) of this subsection and he may resume the exercise of his functions as a member.
   3. For the purposes of this subsection—
      1. where a person is sentenced to two or more terms of imprisonment that are required to be served consecutively, account shall be taken only of any of those terms that amounts to or exceeds six months; and
      2. no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
4. Removal of individual legislators
   1. Removal of individual legislators
      Subject to the provisions of paragraph (b) of this subsection, if any member of either House is adjudged or declared bankrupt, certified to be insane, adjudged to be of unsound mind or detained as a criminal lunatic, he shall forthwith cease to exercise any of his functions as a member and his seat in the House shall become vacant at the expiration of a period of thirty days thereafter:

      Provided that the President or the Speaker, as the case may be, may at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue any appeal in respect of any such adjudication, certification or detention, so, however, that extensions of time exceeding in the aggregate one hundred and eighty days shall not be given without the approval, signified by resolution, of the House concerned.

   2. If at any time before the member vacates his seat any such adjudication or certification is set aside or the detention of the member as a criminal lunatic is terminated, his seat shall not become vacant under paragraph (a) of this subsection and he may resume the exercise of his functions as a member.

42. President and Deputy President of Senate

1. Leader of second chamber
   When the Senate first meets after any dissolution of Parliament and before it proceeds to the despatch of any other business, it shall elect a Senator, not being a Minister or a Parliamentary Secretary, to be President; and whenever the office of President is vacant otherwise than by reason of a dissolution of Parliament, the Senate shall not later than its second sitting after the vacancy has arisen, elect any other such Senator to fill that office.
2. Oaths to abide by constitution
   Upon the President’s being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with the provisions of section 62 of this Constitution) make and subscribe before the Senate the oath of allegiance.
3. When the Senate first meets after any dissolution of Parliament, it shall, as soon as practicable, elect one of its members, not being a Minister or a Parliamentary Secretary, to be Deputy President; and whenever the office of Deputy President becomes vacant, the Senate shall, as soon as convenient, elect another such member to fill that office.
4. A person shall vacate the office of President or Deputy President—
   1. if he resigns that office;
   2. if he ceases to be a member of the Senate:

      Provided that if the President or Deputy President ceases to be a member by reason of a dissolution of Parliament, he shall be deemed to continue in office for the purposes of section 47 of this Constitution until he resigns his office or vacates it otherwise than by reason of a dissolution of Parliament or until the office of President or, as the case may be, of Deputy President is filled;

   3. if, under the provisions of subsection (3) or subsection (4) of section 41 of this Constitution, he is required to cease to exercise any of his functions as a member of the Senate;
   4. if he is appointed to be a Minister or a Parliamentary Secretary; or
   5. in the case of the Deputy President, if he is elected to be President.

43. Speaker and Deputy Speaker of House of Representatives

1. Leader of first chamber
   When the House of Representatives first meets after any dissolution of Parliament, and before it proceeds to the despatch of any other business, it shall elect one of its members, not being a Minister or a Parliamentary Secretary, to be Speaker; and whenever the office of Speaker is vacant otherwise than by reason of a dissolution of Parliament, the House of Representatives shall, not later than its second sitting after the vacancy has arisen, elect another such member to fill that office.
2. Oaths to abide by constitution
   Upon the Speaker’s being elected and before he enters upon the duties of his office, he shall (unless he has already done so in accordance with the provisions of section 62 of this Constitution) make and subscribe before the House of Representatives the oath of allegiance.
3. When the House of Representatives first meets after any dissolution of Parliament it shall, as soon as practicable, elect one of its members, not being a Minister or a Parliamentary Secretary, to be Deputy Speaker; and whenever the office of Deputy Speaker becomes vacant, the House of Representatives shall, as soon as convenient, elect another such member to fill that office.
4. A person shall vacate the office of Speaker or Deputy Speaker—
   1. if he resigns that office;
   2. if he ceases to be a member of the House of Representatives:

      Provided that if the Speaker or Deputy Speaker ceases to be a member by reason of a dissolution of Parliament, he shall be deemed to continue in office for the purposes of section 47 of this Constitution until he resigns his office or vacates it otherwise than by reason of a dissolution of Parliament or until the office of Speaker or, as the case may be, Deputy Speaker is filled;

   3. if, under the provisions of subsection (3) or subsection (4) of section 41 of this Constitution, he is required to cease to exercise any of his functions as a member of the House of Representatives;
   4. if he is appointed to be a Minister or a Parliamentary Secretary; or
   5. in the case of the Deputy Speaker, if he is elected to be Speaker.

44. Determination of questions as to membership

1. Any question whether—
   1. any person has been validly elected or appointed as a member of either House; or
   2. any member of either House has vacated his seat therein or is required, under the provisions of subsection (3) or subsection (4) of section 41 of this Constitution, to cease to exercise any of his functions as a member,

   shall be determined by the Supreme Court or, on appeal, by the Court of Appeal whose decision shall be final, in accordance with the provisions of any law for the time being in force in Jamaica and, subject to any such law, in accordance with any directions given in that behalf by the Chief Justice.

2. Proceedings for the determination of any question referred to in subsection (1) of this section may be instituted by any person (including the Attorney-General) and, where such proceedings are instituted by a person other than the Attorney-General, the Attorney-General if he is not a party thereto may intervene and (if he intervenes) may appear or be represented therein.

45. Filling of vacancies

1. Replacement of legislators
   1. Whenever the seat of any member of the Senate becomes vacant, the Governor-General shall, by instrument under the Broad Seal, appoint to fill the vacancy a person qualified in accordance with this Constitution for appointment as a Senator.
   2. In making such an appointment the Governor-General shall, in any case where the member whose seat has become vacant—
      1. was appointed on the advice of the Prime Minister, act in accordance with the advice of the Prime Minister; and
      2. was appointed on the advice of the Leader of the Opposition, act in accordance with the advice of the Leader of the Opposition.
2. Replacement of legislators
   Whenever the seat of any member of the House of Representatives becomes vacant the vacancy shall be filled by election in the manner provided by or under any Law for the time being in force in Jamaica.

46. Unqualified persons sitting or voting

1. Any person who sits or votes in either House knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty of ten pounds for each day upon which he so sits or votes.
2. Any such penalty shall be recoverable by civil action in the Supreme Court at the suit of the Attorney-General.

47. Clerks to Houses of Parliament and their staffs

1. The offices of Clerk and Deputy Clerk of the Senate are hereby constituted and appointments to those offices shall be made by the Governor-General, acting on the recommendation of the President.
2. The offices of Clerk and Deputy Clerk of the House of Representatives are hereby constituted and appointments to those offices shall be made by the Governor-General, acting on the recommendation of the Speaker.
3. Subject to the provisions of subsection (5) of this section the Clerk shall, unless he sooner resigns his office, hold office until he attains the age of 65 years or such later age as may, in any particular case, be prescribed by the Commission appointed under subsection (7) of this section.
4. Nothing done by the Clerk shall be invalid by reason only that he has attained the age at which he is required by this section to vacate office.
5. The Clerk shall be removed from office by the Governor-General if, but shall not be so removed unless, the House, by a resolution which has received the affirmative vote of not less than two-thirds of all the members thereof, has resolved that he ought to be so removed for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.
6. The provisions of subsections (3), (4) and (5) of this section shall apply to the Deputy Clerk as they apply to the Clerk.
7. Subject to the provisions of subsections (3), (5), (6) and (9) of this section the terms of service (including salary and allowances) of the Clerk and Deputy Clerk shall be determined from time to time by a Commission consisting of the following persons, that is to say:—
   1. the Speaker, as Chairman;
   2. the President; and
   3. the Minister responsible for finance or a person nominated by that Minister to represent him at any meeting of the Commission.
8. The salaries and allowances of the Clerk and Deputy Clerk shall be paid out of the Consolidated Fund and no such salary shall be reduced during the continuance in office of the person to whom it is payable.
9. The offices of Clerk and Deputy Clerk shall, for the purposes of sections 40, 41, 111, 124, 129, 132, 133 and 134 of this Constitution, be deemed to be public offices.
10. A person who is a public officer may, without ceasing to hold office in the public service, be appointed, in accordance with the provisions of this section, to the office of Clerk or Deputy Clerk but—
    1. no such appointment shall be made except with the concurrence of the Governor-General, acting on the recommendation of the Public Service Commission;
    2. the provisions of subsections (3), (5) and (6) of this section shall, in relation to an officer so appointed, apply, subject to the provisions of paragraph (d) of this subsection, as respects his service as Clerk or Deputy Clerk but not as respects his service as a public officer;
    3. an officer so appointed shall not, during his continuance in the office of Clerk or Deputy Clerk, perform the functions of any public office; and
    4. an officer so appointed may at any time be appointed by the Governor-General, acting on the advice of the Public Service Commission, to assume or resume the functions of a public office and he shall thereupon vacate his office as Clerk or Deputy Clerk, but no appointment under this paragraph shall be made without the concurrence of the President or the Speaker, as the case may be.
11. The Governor-General, acting on the recommendation of the Minister responsible for finance after that Minister has consulted the Clerk, may from time to time prescribe, by notice published in the Gazette, the offices (other than the office of Deputy Clerk) which are to constitute the staff of the Clerk and may likewise prescribe which of those offices are subordinate offices.
12. Power to make appointments to any office for the time being prescribed under subsection (11) of this section as a subordinate office on the staff of the Clerk and to remove and to exercise disciplinary control over persons holding or acting in any such offices is hereby vested in the Clerk.
13. Before the Public Service Commission advises the Governor General under subsection (1) of section 125 of this Constitution—
    1. that any person should be appointed to any office on the staff of the Clerk (other than the office of Deputy Clerk and any subordinate office thereon);
    2. that any person holding or acting in any such office should be appointed to any other public office; or
    3. that any person holding or acting in any such office should be removed or that any penalty should be imposed on him by way of disciplinary control,

    the Commission shall consult the Clerk.

14. Nothing in this section shall be construed as preventing—
    1. the appointment of one person to the offices of Clerk of the Senate and Clerk of the House of Representatives; or
    2. the appointment of one person to the offices of Deputy Clerk of the Senate and Deputy Clerk of the House of Representatives; or
    3. the appointment of one person to any other office on the staff of the Clerk of the Senate and any other office on the staff of the Clerk of the House of Representatives,

    and where any person is so appointed to two offices, the foregoing provisions of this section shall apply in relation to him in respect of each such office separately.

15. The functions conferred by this section on the President shall, if there is no person holding the office of President or if the President is absent from Jamaica or is otherwise unable to perform those functions, be performed by the Deputy President and the functions conferred by this section on the Speaker shall, if there is no person holding the office of Speaker or if the Speaker is absent from Jamaica or is otherwise unable to perform those functions, be performed by the Deputy Speaker.

48. Power to make laws

1. Subject to the provisions of this Constitution, Parliament may make laws for the peace, order and good government of Jamaica.
2. Without prejudice to the generality of subsection (1) and subject to the provisions of subsections (3), (4) and (5) of this section Parliament may by law determine the privileges, immunities and powers of the two Houses and the members thereof.
3. Immunity of legislators
   No civil or criminal proceedings may be instituted against any member of either House for words spoken before, or written in a report to, the House of which he is a member or to a committee thereof or to any joint committee of both Houses or by reason of any matter or thing brought by him therein by petition, bill, resolution, motion or otherwise.
4. Immunity of legislators
   For the duration of any session members of both Houses shall enjoy freedom from arrest for any civil debt except a debt the contraction of which constitutes a criminal offence.
5. No process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of either House while such House is sitting or through the President or the Speaker, the Clerk or any officer of either House.

49. Alteration of this Constitution

1. Subject to the provisions of this section Parliament may by Act of Parliament passed by both Houses alter any of the provisions of this Constitution or (in so far as it forms part of the law of Jamaica) any of the provisions of the Jamaica Independence Act, 1962 [FN: 10 & 11 Eliz. 2 c. 40].
2. In so far as it alters—
   1. sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, subsection (3) of section 48, sections 66, 67, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 94, subsections (2), (3), (4), (5), (6) or (7) of section 96, sections 97, 98, 99, subsections (3), (4), (5), (6), (7), (8) or (9) of section 100, sections 101, 103, 104, 105, subsections (3), (4), (5), (6), (7), (8) or (9) of section 106, subsections (1), (2), (4), (5), (6), (7), (8), (9) or (10) of section 111, sections 112, 113, 114, 116, 117, 118, 119, 120, subsections (2), (3), (4), (5), (6) or (7) of section 121, sections 122, 124, 125, subsection (1) of section 126, sections 127, 129, 130, 131, 135 or 136 or the Second or Third Schedule to this Constitution; or
   2. section 1 of this Constitution in its application to any of the provisions specified in paragraph (a) of this subsection,

   a Bill for an Act of Parliament under this section shall not be submitted to the Governor-General for his assent unless a period of three months has elapsed between the introduction of the Bill into the House of Representatives and the commencement of the first debate on the whole text of that Bill in that House and a further period of three months has elapsed between the conclusion of that debate and the passing of that Bill by that House.

3. In so far as it alters—
   1. this section;
   2. sections 2, 34, 35, 36, 39, subsection (2) of section 63, subsections (2), (3) or (5) of section 64, section 65, or subsection (1) of section 68 of this Constitution;
   3. section 1 of this Constitution in its application to any of the provisions specified in paragraph (a) or (b) of this subsection; or
   4. any of the provisions of the Jamaica Independence Act, 1962 [FN: 10 & 11 Eliz 2 c 40], a Bill for an Act of Parliament under this section shall not be submitted to the Governor-General for his assent unless—
      1. a period of three months has elapsed between the introduction of the Bill into the House of Representatives and the commencement of the first debate on the whole text of that Bill in that House and a further period of three months has elapsed between the conclusion of that debate and the passing of that Bill by that House, and
      2. subject to the provisions of subsection (6) of this section, the Bill, not less than two nor more than six months after its passage through both Houses, has been submitted to the electors qualified to vote for the election of members of the House of Representatives and, on a vote taken in such manner as Parliament may prescribe, the majority of the electors voting have approved the Bill.
4. A Bill for an Act of Parliament under this section shall not be deemed to be passed in either House unless at the final vote thereon it is supported—
   1. in the case of a Bill which alters any of the provisions specified in subsection (2) or subsection (3) of this section by the votes of not less than two-thirds of all the members of that House, or
   2. in any other case by the votes of a majority of all the members of that House.
5. If a Bill for an Act of Parliament which alters any of the provisions specified in subsection (2) of this section is passed by the House of Representatives—
   1. twice in the same session in the manner prescribed by subsection (2) and paragraph (a) of subsection (4) of this section and having been sent to the Senate on the first occasion at least seven months before the end of the session and on the second occasion at least one month before the end of the session, is rejected by the Senate on each occasion, or
   2. in two successive sessions (whether of the same Parliament or not) in the manner prescribed by subsection (2) and paragraph (a) of subsection (4) of this section and, having been sent to the Senate in each of those sessions at least one month before the end of the session, the second occasion being at least six months after the first occasion, is rejected by the Senate in each of those sessions,

   that Bill may, not less than two nor more than six months after its rejection by the Senate for the second time, be submitted to the electors qualified to vote for the election of members of the House of Representatives and, if on a vote taken in such manner as Parliament may prescribe, three-fifths of the electors voting approve the Bill, the Bill may be presented to the Governor-General for assent.

6. If a Bill for an Act of Parliament which alters any of the provisions specified in subsection (3) of this section is passed by the House of Representatives—
   1. twice in the same session in the manner prescribed by subsection (3) and paragraph (a) of subsection (4) of this section and having been sent to the Senate on the first occasion at least seven months before the end of the session and on the second occasion at least one month before the end of the session, is rejected by the Senate on each occasion, or
   2. in two successive sessions (whether of the same Parliament or not) in the manner prescribed by subsection (3) and paragraph (a) of subsection (4) of this section and, having been sent to the Senate in each of those sessions at least one month before the end of the session, the second occasion being at least six months after the first occasion, is rejected by the Senate in each of those sessions,

   that Bill may, not less than two nor more than six months after its rejection by the Senate for the second time, be submitted to the electors qualified to vote for the election of members of the House of Representatives and, if on a vote taken in such manner as Parliament may prescribe, two-thirds of the electors voting approve the Bill, the Bill may be presented to the Governor-General for assent.

7. For the purposes of subsection (5) and subsection (6) of this section a Bill shall be deemed to be rejected by the Senate if—
   1. it is not passed by the Senate in the manner prescribed by paragraph (a) of subsection (4) of this section within one month after it is sent to that House; or
   2. it is passed by the Senate in the manner so prescribed with any amendment which is not agreed to by the House of Representatives.
8. For the purposes of subsection (5) and subsection (6) of this section a Bill that is sent to the Senate from the House of Representatives in any session shall be deemed to be the same Bill as the former Bill sent to the Senate in the same or in the preceding session if, when it is sent to the Senate, it is identical with the former Bill or contains only such alterations as are specified by the Speaker to be necessary owing to the time that has elapsed since the date of the former Bill or to represent any amendments which have been made by the Senate in the former Bill.
9. In this section—
   1. reference to any of the provisions of this Constitution or the Jamaica Independence Act, 1962, [FN: 10 & 11 Eliz. 2 c. 40] includes references to any law that alters that provision; and
   2. “alter” includes amend, modify, re-enact with or without amendment or modification, make different provision in lieu of, suspend, repeal or add to.

50. Special Acts of Parliament

1. An Act of Parliament to which this section refers shall not be void to the extent of any inconsistency with the provisions of sections 13 to 26 (inclusive) of this Constitution but shall, notwithstanding such inconsistency, prevail over those provisions.
2. An Act of Parliament to which this section refers is one the Bill for which has been passed by both Houses and at the final vote thereon in each House has been supported by the votes of not less than two-thirds of all the members of that House.

51. Regulation of procedure in Houses of Parliament

1. Subject to the provisions of this Constitution, each House may regulate its own procedure and for this purpose may make Standing Orders.
2. Each House may act notwithstanding any vacancy in its membership (including any vacancy not filled when the House first meets on or after the appointed day or after any dissolution of Parliament) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings.

52. Presiding in Senate and House of Representatives

1. Leader of second chamber
   The President or, in his absence, the Deputy President or, if they are both absent, a member of the Senate (not being a Minister or a Parliamentary Secretary) elected by the Senate for that sitting shall preside at each sitting of the Senate.
2. Leader of first chamber
   The Speaker or, in his absence, the Deputy Speaker or, if they are both absent, a member of the House of Representatives (not being a Minister or a Parliamentary Secretary) elected by the House of Representatives for that sitting shall preside at each sitting of the House of Representatives.
3. References in this section to circumstances in which the President, Deputy President, Speaker or Deputy Speaker is absent include references to circumstances in which the office of President, Deputy President, Speaker or Deputy Speaker is vacant.

53. Quorum

1. If at any time during a sitting of either House objection is taken by a member that there is not a quorum present and, after such interval as may be prescribed in the Standing Orders of that House, the person presiding ascertains that there is still not a quorum present, he shall thereupon adjourn the House.
2. For the purposes of this section—
   1. a quorum of the Senate shall consist of eight members besides the person presiding; and
   2. a quorum of the House of Representatives shall consist of sixteen members besides the person presiding.

54. Voting

1. Save as is otherwise provided in this Constitution, all questions proposed for decision in either House shall be determined by a majority of the votes of the members thereof present and voting.
2. The person presiding in either House shall not vote—
   1. unless on any question the votes are equally divided, in which case he shall have and exercise a casting vote; or
   2. except in the case of the final vote on a Bill for an Act of Parliament under subsection (3) of section 37 or section 49 of this Constitution or the final vote on a Bill for an Act of Parliament to which section 50 of this Constitution refers in each of which cases he shall have an original vote.

55. Introduction of Bills, etc

1. Initiation of general legislation
   Subject to the provisions of this Constitution and of the Standing Orders of the House, any member of either House may introduce any Bill or propose any motion for debate in or may present any petition to that House, and the same shall be debated and disposed of according to the Standing Orders of that House.
2. First chamber reserved policy areas, Second chamber reserved policy areas
   A Bill other than a Money Bill may be introduced in either House, but a Money Bill shall not be introduced in the Senate.
3. Tax bills
   Except on the recommendation of the Governor-General signified by a Minister, the House of Representatives shall not—
   1. proceed upon any Bill (including any amendment to a Bill) which Bill or amendment, as the case may be, in the opinion of the person presiding, makes provision for any of the following purposes, that is to say, for imposing or increasing any tax, for imposing or increasing any charge on the revenues or other funds of Jamaica or for altering any such charge otherwise than by reducing it, or for compounding or remitting any debt due to Jamaica;
   2. proceed upon any motion (including any amendment to a motion) the effect of which motion or amendment, as the case may be, in the opinion of the person presiding, is that provision should be made for any of the purposes aforesaid; or
   3. receive any petition which, in the opinion of the person presiding, requests that provision be made for any of the purposes aforesaid.
4. Tax bills
   The Senate shall not—
   1. proceed upon any Bill, other than a Bill sent from the House of Representatives, or upon any amendment to a Bill, which Bill or amendment, as the case may be, in the opinion of the person presiding, makes provision for any of the following purposes, that is to say, for imposing or altering any existing or proposed tax, for imposing or altering any existing or proposed charge on the revenues or other funds of Jamaica, or for compounding or remitting any debt due to Jamaica;
   2. proceed upon any motion (including any amendment to a motion) the effect of which motion or amendment, as the case may be, in the opinion of the person presiding, is that provision should be made for any of the purposes aforesaid; or
   3. receive any petition which, in the opinion of the person presiding, requests that provision be made for any of the purposes aforesaid.

56. Restriction on powers of Senate as to Money Bills

1. Subject to the provisions of this Constitution, if a Money Bill, having been passed by the House of Representatives and sent to the Senate at least one month before the end of the session, is not passed by the Senate without amendment within one month after it is sent to that House, the Bill shall, unless the House of Representatives otherwise resolves, be presented to the Governor-General for his assent notwithstanding that the Senate has not consented to the Bill.
2. There shall be endorsed on every Money Bill when it is sent to the Senate the certificate of the Speaker signed by him that it is a Money Bill; and there shall be endorsed on any Money Bill that is presented to the Governor-General for assent in pursuance of subsection (1) of this section the certificate of the Speaker signed by him that it is a Money Bill and that the provisions of that subsection have been complied with.

57. Restriction on powers of Senate as to Bills other than Money Bills and certain other Bills

1. Subject to the provisions of this Constitution, if any Bill other than a Money Bill is passed by the House of Representatives—
   1. twice in the same session and, having been sent to the Senate on the first occasion at least seven months before the end of the session and on the second occasion at least one month before the end of the session, is rejected by the Senate on each occasion, or
   2. in two successive sessions (whether of the same Parliament or not) and, having been sent to the Senate in each of those sessions at least one month before the end of the session, the second occasion being at least six months after the first occasion, is rejected by the Senate in each of those sessions,

   that Bill shall, on its rejection for the second time by the Senate, unless the House of Representatives otherwise resolves, be presented to the Governor-General for assent notwithstanding that the Senate has not consented to the Bill.

2. For the purposes of this section a Bill that is sent to the Senate from the House of Representatives in any session shall be deemed to be the same Bill as a former Bill sent to the Senate in the same or in the preceding session if, when it is sent to the Senate, it is identical with the former Bill or contains only such alterations as are certified by the Speaker to be necessary owing to the time that has elapsed since the date of the former Bill or to represent any amendments which have been made by the Senate in the former Bill.
3. The House of Representatives may, if it thinks fit, on the passage through that House of a Bill that is deemed to be the same Bill as a former Bill sent to the Senate in the same or in the preceding session, suggest any amendments without inserting the amendments in the Bill, and any such amendments shall be considered by the Senate, and, if agreed to by the Senate, shall be treated as amendments made by the Senate and agreed to by the House of Representatives; but the exercise of this power by the House of Representatives shall not affect the operation of this section in the event of the rejection of the Bill in the Senate.
4. There shall be inserted in any Bill that is presented to the Governor-General for assent in pursuance of this section any amendments that are certified by the Speaker to have been made in the Bill by the Senate and agreed to by the House of Representatives.
5. There shall be endorsed on any Bill that is presented to the Governor-General for assent in pursuance of this section the certificate of the Speaker signed by him that the provisions of this section have been complied with.
6. The provisions of this section shall not apply to a Bill which is required by this Constitution to be passed by both Houses.

58. Provisions relating to sections 55, 56 and 57

1. In sections 55, 56 and 57 of this Constitution “Money Bill” means a public Bill which, in the opinion of the Speaker, contains only provisions dealing with all or any of the following matters, namely, the imposition, repeal, remission, alteration or regulation of taxation; the imposition, for the payment of debt or other financial purposes, of charges on the Consolidated Fund or any other public funds or on monies provided by Parliament, or the variation or repeal of any such charges; the grant of money to the Crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connection with any such loan; or subordinate matters incidental to any of the matters aforesaid; and in this subsection the expressions “taxation”, “debt”, “public fund”, “public money” and “loan” do not include any taxation imposed, debt incurred, fund or money provided or loan raised by any local authority or body for local purposes.
2. For the purposes of section 57 of this Constitution, a Bill shall be deemed to be rejected by the Senate if—
   1. it is not passed by the Senate without amendment within one month after it is sent to that House; or
   2. it is passed by the Senate with any amendment which is not agreed to by the House of Representatives.
3. Where the office of Speaker is vacant or the Speaker is for any reason unable to perform any function conferred upon him by subsection (1) of this section or by section 56 or 57 of this Constitution, that function may be performed by the Deputy Speaker.
4. Any certificate of the Speaker or Deputy Speaker given under section 56 or 57 of this Constitution shall be conclusive for all purposes and shall not be questioned in any court.
5. Before giving any such certificate the Speaker or Deputy Speaker, as the case may be, shall, if practicable, consult the Attorney-General.

59. Restriction on powers of Senate as to certain statutory instruments

1. Any statutory instrument to which this section applies and which, having been laid before the Senate—
   1. in any session at least seven months before the end of the session, is not approved by the Senate shall, if it is again laid before the Senate at least one month before the end of that session, or
   2. in any session at least one month before the end of the session, is not approved by the Senate in that session shall, if it is again laid before the Senate at least one month before the end of the next succeeding session (whether of the same Parliament or not),

   but not earlier than six months after it was laid for the first time, be deemed to have been approved by the Senate at the end of the session in which it was laid for the second time if it has not earlier been so approved.

2. In this section “statutory instrument” means any document by which the Governor-General, the Governor of the former Colony of Jamaica, a Minister or any other executive authority has exercised a power to make, confirm or approve orders, rules, regulations or other subordinate legislation, being a power conferred by any law enacted (whether before or after the appointed day) by any legislature in Jamaica, and the statutory instruments to which this section applies are all statutory instruments in respect of which it is provided (in whatever terms) that they may not come into force until approved by the Senate.
3. For the purposes of this section a statutory instrument that is laid before the Senate in any session shall be deemed to be the same statutory instrument as a former statutory instrument laid before the Senate, in the same or in the preceding session if, when it is laid before the Senate, it is identical with the former statutory instrument or contains only such alterations as are certified by the President to be necessary owing to the time that has elapsed since the date of the former statutory instrument.
4. Where the office of President is vacant or the President is for any reason unable to perform the function conferred upon him by subsection (3) of this section that function may be performed by the Deputy President.
5. Any certificate of the President or Deputy President given under subsection (3) of this section shall be conclusive for all purposes and shall not be questioned in any court.

60. Assent to Bills

1. A Bill shall not become law until the Governor-General has assented thereto in Her Majesty’s name and on Her Majesty’s behalf and has signed it in token of such assent.
2. Subject to the provisions of sections 37, 49, 50, 56 and 57 of this Constitution, a Bill shall be presented to the Governor-General for assent if, and shall not be so presented unless, it has been approved by both Houses of Parliament either without amendment or with such amendments only as are agreed to by both Houses.
3. When a Bill is presented to the Governor-General for assent he shall signify that he assents or that he withholds assent.

61. Words of enactment

1. In every Bill presented to the Governor-General for assent, other than a Bill for a special Act as defined in subsection (3) of section 37 of this Constitution or a Bill presented under section 49, 56 or 57 of this Constitution or a Bill for an Act to which section 50 of this Constitution refers, the words of enactment shall be as follows:—

   “Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as follows:—”.

2. In every Bill for a special Act as defined in subsection (3) of section 37 of this Constitution presented to the Governor-General for assent the words of enactment shall be as follows:—

   “Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Representatives of Jamaica in accordance with the provisions of subsection (3) of section 37 of the Constitution of Jamaica, and by the authority of the same, as follows:—”.

3. In every Bill presented to the Governor-General for assent under section 49 of this Constitution, the words of enactment shall be as follows:—

   “Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Representatives of Jamaica (or of the House of Representatives of Jamaica, as the case may be) in accordance with the provisions of section 49 of the Constitution of Jamaica, and by the authority of the same, as follows:—”.

4. In every Bill for an Act to which section 50 of this Constitution refers presented to the Governor-General for assent the words of enactment shall be as follows:—

   “Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Representatives of Jamaica in accordance with the provisions of section 50 of the Constitution of Jamaica, and by the authority of the same, as follows:—”.

5. In every Bill presented to the Governor-General for assent under sections 56 and 57 of this Constitution, the words of enactment shall be as follows:—

   “Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and consent of the House of Representatives of Jamaica in accordance with the provisions of section 56 (or section 57, as the case may be) of the Constitution of Jamaica, and by the authority of the same, as follows:—”.

6. Any alteration of the words of enactment of a Bill made in consequence of the provisions of subsection (3) or subsection (5) of this section shall be deemed not to be an amendment of the Bill.

62. Oath of allegiance

63. Sessions of Parliament

1. Each session of Parliament shall be held at such place within Jamaica and shall commence at such time as the Governor-General may by Proclamation published in the Gazette appoint.
2. Sessions shall be held at such times so that a period of six months shall not intervene between the last sitting of Parliament in one session and the first sitting thereof in the next session.

64. Prorogation and dissolution of Parliament

1. Dismissal of the legislature
   The Governor-General may at any time by Proclamation published in the Gazette prorogue or dissolve Parliament.
2. Term length of second chamber, Term length for first chamber
   Subject to the provisions of subsection (3) of this section, Parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution and shall then stand dissolved.
3. Emergency provisions
   At any time when Jamaica is at war, Parliament may from time to time extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time:

   Provided that the life of Parliament shall not be extended under this subsection for more than two years.

4. Emergency provisions
   If, between a dissolution of Parliament and the next ensuing general election of members to the House of Representatives, an emergency arises of such a nature that, in the opinion of the Prime Minister, it is necessary for the two Houses or either of them to be summoned before that general election can be held, the Governor-General may, by Proclamation published in the Gazette, summon the two Houses of the preceding Parliament and that Parliament shall thereupon be deemed (except for the purposes of section 65 of this Constitution) not to have been dissolved but shall be deemed (except as aforesaid) to be dissolved on the date on which the polls are held in the next ensuing general election.
5. Dismissal of the legislature
   In the exercise of his powers under this section the Governor-General shall act in accordance with the advice of the Prime Minister:

   Provided that if the House of Representatives by a resolution which has received the affirmative vote of a majority of all the members thereof has resolved that it has no confidence in the Government, the Governor-General shall by Proclamation published in the Gazette dissolve Parliament.

65. General elections and appointment of Senators

1. First chamber selection
   A general election of members of the House of Representatives shall be held at such time within three months after every dissolution of Parliament as the Governor-General, acting in accordance with the advice of the Prime Minister, shall appoint by Proclamation published in the Gazette.
2. Second chamber selection
   As soon as may be after every general election the Governor-General shall proceed under section 35 of this Constitution to the appointment of Senators.

66. Establishment of first Constituencies

1. Until otherwise provided by an Order made by the Governor-General under section 67 of this Constitution, Jamaica shall, for the purpose of electing the members of the House of Representatives, be divided into the forty-five constituencies prescribed by the Constituencies (Boundaries) Order, 1959 made by the Governor of the former Colony of Jamaica and published in the Gazette of the 28th day of May, 1959.
2. Every constituency established under this section or under section 67 of this Constitution shall return one member to the House of Representatives.

67. Standing Committee of House of Representatives

1. Size of first chamber, Electoral districts
   Subject to the provisions of section 66 of this Constitution, Jamaica shall, for the purpose of election of members to the House of Representatives, be divided into such number of constituencies, being not less than forty-five nor more than sixty, as may from time to time be provided by Order made by the Governor-General under this section.
2. Standing committees
   As soon as practicable after the House of Representatives first meets after the appointed day or following any general election there shall be established a Standing Committee of the House consisting of—
   1. the Speaker, as Chairman;
   2. three members of the House appointed by the Prime Minister; and
   3. three members of the House appointed by the Leader of the Opposition.
3. Electoral districts, Standing committees
   It shall be the function of the Standing Committee to keep under continuous review—
   1. the number of constituencies into which Jamaica is to be divided; and
   2. the boundaries of such constituencies.
4. Standing committees
   Subject to the provisions of this section, the procedure of the Standing Committee shall be determined by the Standing Orders of the House of Representatives.
5. Standing committees
   The Standing Committee shall, in accordance with the provisions of the following subsection, submit to the House of Representatives reports either—
   1. showing the constituencies into which it recommends that Jamaica should be divided in order to give effect to the rules set out in the Second Schedule to this Constitution; or
   2. stating that, in the opinion of the Committee, no alteration is required in the existing number or boundaries of constituencies in order to give effect to the said rules.
6. Standing committees
   Reports under subsection (5) of this section shall be submitted by the Standing Committee—
   1. in the case of its first report after the appointed day, not less than four nor more than six years from that day; and
   2. in the case of any subsequent report, not less than four nor more than six years from the date of the submission of its last report.
7. Standing committees
   Where the Standing Committee intends to consider making a report, it shall, by notice in writing, inform the Minister responsible for the conduct of elections (hereafter in this section called "the Minister") accordingly, and a copy of that notice shall be published in the Gazette.
8. Standing committees
   As soon as may be after the Standing Committee has submitted a report to the House under paragraph (a) of subsection (5) of this section, the Minister shall lay before the House for its approval the draft of an Order by the Governor-General for giving effect to the recommendations contained in the report and that draft may make provision for any matters which appear to the Minister to be incidental to or consequential upon the other provisions of the draft.
9. Where any draft made under this section gives effect to any such recommendations with modifications, the Minister shall lay before the House together with the draft a statement of the reasons for the modifications.
10. If the motion for the approval of any draft made under this section is rejected by the House of Representatives, or is withdrawn by leave of that House, the Minister shall amend the draft and lay the amended draft before the House of Representatives.
11. If any draft made under this section is approved by resolution of the House, the Minister shall submit it to the Governor-General who shall make an Order (which shall be published in the Gazette) in terms of the draft; and that Order shall come into force on such day as may be specified therein and, until revoked by a further Order made by the Governor-General in accordance with the provisions of this section, shall have the force of law:

    Provided that the coming into force of any such Order shall not affect any election to the House of Representatives until a proclamation is made by the Governor-General appointing the date for the holding of a general election of members to the House of Representatives or affect the constitution of the House of Representatives until the dissolution of the Parliament then in being.

12. An Act of Parliament may provide for the institution of proceedings in the Supreme Court for the purpose of determining whether or not any report made under subsection (5) of this section gives effect to the provisions of this section and empower the Supreme Court, subject to an appeal to the Court of Appeal, to make whatever orders are necessary in order to ensure that effect is given to those provisions and to make orders relating to the costs of those proceedings.
13. Subject to the provisions of any Act to which subsection (12) of this section refers, the question of the validity of any Order by the Governor-General purporting to be made under this section and reciting that a draft thereof has been approved by resolution of the House of Representatives shall not be enquired into in any court.

97. Establishment of Supreme Court

1. Structure of the courts
   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. Number of supreme court judges
   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.

98. Appointment of Judges of Supreme Court

1. The Chief Justice 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 Puisne Judges shall be appointed by the Governor-General by instrument under the Broad Seal acting on the advice of the Judicial Service Commission.
3. Eligibility for supreme court judges
   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.

99. Acting Judges

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 Governor-General, 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 Governor-General, 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.

100. Tenure of office of Judges of Supreme Court

1. Supreme court term length
   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 seventy years:
   Mandatory retirement age for judges

   Provided that he may at any time resign his office.

2. Mandatory retirement age for judges
   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 Governor-General, 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. Supreme/ordinary court judge removal
   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. Supreme/ordinary court judge removal
   A Judge of the Supreme Court shall be removed from office by the Governor-General 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 [FN: 3 & 4 Will. 4. c. 41.], 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. Supreme/ordinary court judge removal
   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 that the question of removing a Judge of the Supreme Court from office for inability as aforesaid or for misbehaviour ought to be investigated, then—
   1. the Governor-General 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;
   2. that tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether he should request that the question of the removal of that Judge should be referred by Her Majesty to the Judicial Committee; and
   3. 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 Law [FN: Laws of Jamaica, 1953, c. 68.] 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 Law, and for that purpose shall have effect as if they formed part of this Constitution.
8. Supreme/ordinary court judge removal
   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 Governor-General, 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—
   1. 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
   2.  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.

101. Remuneration of Judges of Supreme Court

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:
   Protection of judges' salaries

   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.

102. Oaths to be taken by Judges of Supreme Court

103. Establishment of Court of Appeal

1. Structure of the courts
   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—
   1. a President;
   2. 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;
   3. three other Judges; and
   4. 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.

104

1. Ordinary court selection
   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. Ordinary court selection
   The other Judges of the Court of Appeal shall be appointed by the Governor-General by instrument under the Broad Seal acting on the advice of the Judicial Service Commission.
3. Eligibility for ordinary court judges
   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.

105. Acting Judges of Court of Appeal

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 Governor-General, 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 Governor-General, 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 Governor-General 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.

106. Tenure of office of Judges of Court of Appeal

1. Mandatory retirement age for judges, Ordinary court term length
   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 seventy years:

   Provided that he may at any time resign his office.

2. Mandatory retirement age for judges
   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 Governor-General, 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. Supreme/ordinary court judge removal
   A Judge of the Court of Appeal shall be removed from office by the Governor-General 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 [FN: 3 & 4 Will. 4. c. 41.], 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. Supreme/ordinary court judge removal
   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—
   1. the Governor-General 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;
   2. that tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to the Governor-General whether he should request that the question of the removal of that Judge should be referred by Her Majesty to the Judicial Committee; and
   3. 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 Law [FN: Laws of Jamaica, 1953, c. 68.] 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 Law, and for that purpose shall have effect as if they formed part of this Constitution.
8. Supreme/ordinary court judge removal
   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 Governor-General, 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—
   1. 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
   2. 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.

107. Remuneration of Judges of Court of Appeal

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:
   Protection of judges' salaries

   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.

108. Oaths to be taken by Judges of Court of Appeal

109. Number of Judges

110. Appeals from Court of Appeal to Her Majesty in Council

1. Right to appeal judicial decisions
   An appeal shall lie from decisions of the Court of Appeal to Her Majesty in Council as of right in the following cases—
   1. where the matter in dispute on the appeal to Her Majesty in Council is of the value of five hundred pounds or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the value of five hundred pounds or upwards, final decisions in any civil proceedings;
   2. final decisions in proceedings for dissolution or nullity of marriage;
   3. Constitutional interpretation
      final decisions in any civil, criminal or other proceedings on questions as to the interpretation of this Constitution; and
   4. 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—
   1. 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
   2. 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.

111. Composition of Judicial Service Commission

1. There shall be a Judicial Service Commission for Jamaica.
2. The members of the Judicial Service Commission shall be—
   1. the Chief Justice who shall be Chairman;
   2. the President of the Court of Appeal;
   3. the Chairman of the Public Service Commission; and
   4. 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 Governor-General, by instrument under the Broad Seal, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition—
   1. 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;
   2. two from a list of six persons, none of whom is an attorney-at-law in active practice,

   submitted by the General Legal Council:

   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—
   1. 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;
   2. if he resigns his office;
   3. 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;
   4. if the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, directs that he shall be removed from office for inability 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 Governor-General, 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 appoint-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 Governor-General, 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—

   1. no such resolution may reduce any salary or allowance for the time being prescribed by or under a law; and
   2. 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.

112. Appointment, etc. of judicial officers

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 Governor-General 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 Governor-General 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 Governor-General shall not act in accordance with the advice but shall refer the case to the Privy Council accordingly:

   Provided that the Governor-General, 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 Governor-General what action should be taken in respect of the officer, and the Governor-General shall then act in accordance with such advice.

113. Delegation of functions of Judicial Service Commission

123. Interpretation

124. Public Service Commission

1. There shall be a Public Service Commission for Jamaica consisting of a Chairman and such number of other members, being not less than three nor more than five, as the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may from time to time decide.
2. The members of the Public Service Commission shall be appointed by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Broad Seal:

   Provided that one such member shall be so appointed by the Governor-General from a list of persons, not disqualified for appointment under this section, submitted by the Jamaica Civil Service Association (or any other body representing members of the public service which may from time to time, in the opinion of the Governor-General acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, have succeeded to the functions of that Association).

3. No person shall be qualified to be appointed as a member of the Public Service Commission if he holds or is acting in any public office other than the office of member of the Judicial Service Commission or member of the Police Service Commission.
4. A member of the Public Service Commission shall not, within a period of three years commencing with the date on which he last held or acted in that office, 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 Public Service Commission.
5. The office of a member of the Public Service Commission shall become vacant—
   1. at the expiration of five years from the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed;
   2. if he resigns his office;
   3. if he is appointed to any public office other than the office of member of the Judicial Service Commission or member of the Police Service Commission; or
   4. if the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, directs that he shall be removed from office for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.
6. If the office of a member of the Public Service Commission is vacant or a member is for any reason unable to perform the functions of his office, the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission, and any person so appointed shall, subject to the provisions of subsection (5) of this section, continue to act until the office of the member of the Commission is filled or until his appointment is revoked by the Governor-General acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
7. The members of the Public Service Commission shall receive such salaries 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—

   1. no such resolution may reduce any salary or allowance for the time being prescribed by or under a law; and
   2. the salary of a member of the Public Service Commission shall not be reduced during his continuance in office.
8. The salaries for the time being payable to members of the Public Service Commission under this Constitution shall be charged on and paid out of the Consolidated Fund.

125. Appointment, etc. of public officers

1. Subject to the provisions of this Constitution, power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in any such offices is hereby vested in the Governor-General acting on the advice of the Public Service Commission.
2. Before the Public Service Commission advises the appointment to any public office of any person holding or acting in 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 or the Police Service Commission, it shall consult with the Judicial Service Commission or the Police Service Commission, as the case may be.
3. Before the Governor-General acts in accordance with the advice of the Public Service Commission that any public officer 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 Governor-General shall not act in accordance with the advice but shall refer the case to the Privy Council accordingly:

   Provided that the Governor-General, 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 Governor-General what action should be taken in respect of the officer, and the Governor-General shall then act in accordance with such advice.
5. Except for the purpose of making appointments thereto or to act therein or of revoking an appointment to act therein, the provisions of this section shall not apply in relation to the office of the Director of Public Prosecutions.

126. Permanent Secretaries

1. Subject to the provisions of subsection (2) of this section, power to make appointments to the office of Permanent Secretary (other than appointments on transfer from another such office carrying the same salary) is hereby vested in the Governor-General acting on the recommendation of the Public Service Commission.
2. Before the Governor-General acts in accordance with a recommendation of the Public Service Commission made under subsection (1) of this section, he shall consult the Prime Minister who may once require that recommendation (hereafter in this subsection called the “original recommendation”) to be referred back to the Public Service Commission for reconsideration; and if, upon such reconsideration, the Public Service Commission submits a different recommendation, the provisions of this subsection and of subsection (2) of section 32 of this Constitution shall apply thereto as they apply to an original recommendation.
3. Power to make appointments to any office of Permanent Secretary on transfer from another such office carrying the same salary is hereby vested in the Governor-General acting on the recommendation of the Prime Minister.
4. For the purposes of this section the office of Financial Secretary shall be deemed to be the office of a Permanent Secretary.

127. Delegation of functions of Public Service Commission

1. The Governor-General, acting on the advice of the Public 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 this section applies, as may be so specified and power to remove and power to exercise disciplinary control over persons holding or acting in those offices, or any of those powers, shall (without prejudice to the exercise of such power by the Governor-General acting on the advice of the Public Service Commission) be exercisable by such one or more members of the Public Service Commission or by such other authority or public officer as may be so specified.
2. In relation to any power made exercisable under subsection (1) of this section by some person or authority other than the Governor-General acting on the advice of the Public Service Commission, the offices to which this section applies are all offices in respect of which that power is, apart from this section, vested by this Constitution in the Governor-General acting on such advice.
3. In any case where an appointment is to be made by virtue of an instrument made under this section and the person to be appointed holds or is acting in 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 or the Police Service Commission, the person or authority specified in the said instrument shall consult with the Judicial Service Commission or the Police Service Commission, as the case may be, before making the appointment.
4. Where, by virtue of an instrument made under this section, the power to remove or to exercise disciplinary control over any officer has been exercised by a person or authority other than the Governor-General acting on the advice of the Public Service Commission, the officer in respect of whom it was so exercised may apply for the case to be referred to the Privy Council, and thereupon the action of the aforesaid person or authority shall cease to have effect and the case shall be referred to the Privy Council accordingly and the Governor-General shall then take such action in respect of that officer as the Privy Council may advise:

   Provided that—

   1. where the action of the aforesaid person or authority included the removal of that officer or his suspension from the exercise of his office, that person or authority may nevertheless suspend him from the exercise of his office pending the determination of the reference to the Privy Council; and
   2. before advising the Governor-General under this subsection, the Privy Council shall consult with the Public Service Commission.

128. Appointment, etc. of principal representatives of Jamaica abroad

1. Power to appoint persons to hold or act in the offices to which this section applies (including power to make appointments on promotion and transfer and to confirm appointments) and to remove persons so appointed from any such office shall vest in the Governor-General, acting in accordance with the advice of the Prime Minister.
2. Before tendering any advice for the purposes of this section in relation to any person who holds or acts in any public office other than an office to which this section applies, the Prime Minister shall consult the Public Service Commission.
3. The offices to which this section applies are the offices of any Ambassador, High Commissioner or other principal representative of Jamaica in countries other than Jamaica.

129. Police Service Commission

1. There shall be a Police Service Commission for Jamaica consisting of a Chairman and such number of other members, being not less than two nor more than four, as the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may from time to time decide.
2. The members of the Police Service Commission shall be appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Broad Seal.
3. No person shall be qualified to be appointed as a member of the Police Service Commission if he holds or is acting in any public office other than the office of member of the Judicial Service Commission or member of the Public Service Commission.
4. A member of the Police Service Commission shall not, within a period of three years commencing with the date on which he last held or acted in that office, 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 Police Service Commission.
5. The office of a member of the Police Service Commission shall become vacant—
   1. at the expiration of five years from the date of his appointment or such earlier time as may be specified in the instrument by which he was appointed;
   2. if he resigns his office;
   3. if he is appointed to any public office other than the office of member of the Judicial Service Commission or member of the Public Service Commission;
   4. if the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, directs that he shall be removed from office for inability to discharge the functions thereof (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.
6. If the office of a member of the Police Service Commission is vacant or a member is for any reason unable to perform the functions thereof, the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may appoint a person who is qualified for appointment as a member of the Commission to act as a member of the Commission, and any person so appointed shall, subject to the provisions of subsection (5) of this section, continue to act until the office of the member of the Commission is filled or until his appointment is revoked by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
7. The members of the Police Service Commission shall receive such salaries 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—

   1. no such resolution may reduce any salary or allowance for the time being prescribed by or under a law; and
   2. the salary of a member of the Police Service Commission shall not be reduced during his continuance in office.
8. The salaries for the time being payable to members of the Police Service Commission under this Constitution shall be charged on and paid out of the Consolidated Fund.

130. Appointment, etc. of police officers

131. Delegation of functions of Police Service Commission

1. The Governor-General, acting on the advice of the Police 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 this section applies, as may be so specified and power to remove and power to exercise disciplinary control over persons holding or acting in those offices, or any of those powers shall (without prejudice to the exercise of such power by the Governor-General acting on the advice of the Police Service Commission) be exercisable by such one or more members of the Police Service Commission or by such other authority or public officer as may be so specified.
2. The offices to which this section applies are the offices of all police officers not above the rank of inspector.
3. In any case where an appointment is to be made by virtue of an instrument made under this section and the person to be appointed holds or is acting in 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 or the Public Service Commission, the person or authority specified in the said instrument shall consult with the Judicial Service Commission or the Public Service Commission, as the case may be, before making the appointment.
4. Where, by virtue of an instrument made under this section, the power to remove or to exercise disciplinary control over any officer has been exercised by a person or authority other than the Governor-General acting on the advice of the Police Service Commission, the officer in respect of whom it was so exercised may apply for the case to be referred to the Privy Council, and thereupon the action of the aforesaid person or authority shall cease to have effect and the case shall be referred to the Privy Council accordingly; and the Governor-General shall then take such action in respect of that officer as the Privy Council may advise:

   Provided that—

   1. where the action of the aforesaid person or authority includes the removal of that officer or his suspension from the exercise of his office, that person or authority may nevertheless suspend him from the exercise of his office pending the determination of the reference to the Privy Council; and
   2. before advising the Governor-General under this subsection, the Privy Council shall consult with the Police Service Commission.

132. Applicability of pension law

1. Subject to the provisions of section 134 of this Constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependants or personal representatives, of any pension, compensations, gratuity or other like allowance (in this section and in sections 133 and 134 of this Constitution referred to as an “award”) in respect of the service of that officer in a public office shall be that in force on the relevant day or any later law not less favourable to the person concerned.
2. For the purposes of this section the relevant day is—
   1. in relation to an award granted before the appointed day, the day on which the award was granted;
   2. in relation to an award granted or to be granted on or after the appointed day to or in respect of a person who was a public officer before that day, the day immediately before that day;
   3. in relation to an award granted or to be granted to or in respect of a person who first becomes a public officer on or after the appointed day, the day on which he becomes a public officer.
3. For the purposes of this section, in so far as the law applicable to an award depends on the option of the person to or in respect of whom it is granted or to be granted, the law for which he opts shall be taken to be more favourable to him than any other law for which he might have opted.
4. For the purposes of this section and of sections 133 and 134 of this Constitution, service as a Judge of the Court of Appeal or as a Judge of the Supreme Court shall be deemed to be public service.

133. Pensions, etc. to be charged on Consolidated Fund

134. Grant and withholding of pensions, etc

1. The power to grant any award under any pensions law for the time being in force in Jamaica (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the Governor-General.
2. The power vested in the Governor-General by subsection (1) of this section shall be exercised by him—
   1. in the case of an award payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office, serving—
      1. as a Judge of the Court of Appeal;
      2. as a Judge of the Supreme Court;
      3. in any office to which section 112 of this Constitution applies at the date of the exercise of the power,

      on the recommendation of the Judicial Service Commission;

   2. in the case of an award payable to a person who, having been a public officer, was, immediately before the date aforesaid, serving as a police officer, on the recommendation of the Police Service Commission; and
   3. in the case of an award payable to any other person, on the recommendation of the Public Service Commission.
3. In this section, “pensions law” means any law relating to the grant to any person, or to the widow, children, dependants or personal representatives of that person, of an award in respect of the services of that person in a public office, and includes any instrument made under any such law.