Establishment and composition of Judicial and legal Service Commission

89. 1. There shall be a Judicial and Legal Service Commission for Barbados which shall consist of the following persons-

a. the Chief Justice, who shall be Chairman;

b. the Chairman of the Public Service Commission or some other member of the Public Service Commission nominated by the Chairman to represent him at any meeting of the Judicial and Legal Service Commission;

c. three other members (hereinafter called " the appointed members") appointed in accordance with the provisions of subsection (2).

2. The appointed members shall be appointed by the Governor General, by instrument under the Public Seal, acting on the recommendation of the Prime Minister after consultation with the leader of the Opposition, from among persons who are, or have been, judges 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:

Provided that if, whenever an occasion arises for the appointment of an appointed member, the Governor General, acting as aforesaid, is satisfied that there is no suitable person who is or has been such a judge available and willing to be appointed, he may appoint a person who has been entitled to practice in Barbados as a barrister for not less than ten years but is not in active practice as a barrister.

3. No person shall be qualified to be appointed as a member of the Judicial and Legal Service Commission if he is a member of either House or a public officer.

4. Subject to the provisions of subsection (5), the office of an appointed member shall become vacant -

a. at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed;

b. if he becomes a member of either House or a public officer or is appointed to the office of Chief Justice or Chairman of the Public Service Commission.

5. The provisions of section 105 (which relate to removal from office) shall apply to the office of an appointed member, and the prescribed authority for the purposes of subsection (4) of that section shall be the Prime Minister and for the purposes of subsection (6) of that section shall be the Chief Justice.

6. If the office of an appointed member is vacant or the holder thereof 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, by instrument under the Public Seal, appoint a person who is qualified for appointment as an appointed member to act in the office of that member; and any person so appointed shall, subject to the provisions of subsection (4)(b), continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor General, acting as aforesaid.

7. An appointed member shall not, within a period of one year 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 recommendation or in accordance with the advice of the Judicial and Legal Service Commission.