Constitution

Tuvalu 1986 Constitution (reviewed 2010)

Table of Contents

SCHEDULE 3. PROCEDURE, ETC., OF THE PUBLIC SERVICE COMMISSION AND CERTAIN TRIBUNALS (Sections 127, 152, 162)

1. Application of Schedule 3

This Schedule applies to the following authorities-

  1. the Public Service Commission; and
  2. a tribunal appointed under section 127 (removal of Judges from office) to investigate the question of the removal of a Judge of the High Court; and
  3. a tribunal appointed under section 162 (removal of prescribed officials from office) to investigate the question of the removal of the holder of an office to which Division 5 (Removal, etc., of Certain Officials) of Part VIII applies.

2. Rules

Subject to this Constitution and to any Act of Parliament, an authority to which this Schedule applies may make rules for regulating its procedures and the performance of its functions.

3. Voting

All matters before a meeting of an authority to which this Schedule applies shall be decided in accordance with the majority of the votes of the total membership of the authority, and in the event of an equality of votes on a matter the person presiding has a casting vote, as well as an original vote.

4. Absence, etc

Subject to section 3 (voting) of this Schedule, the validity of the proceedings of an authority to which this Schedule applies is not affected by-

  1. any absence from a meeting; or
  2. the fact that some person who was not entitled to do so took part in the proceedings.

5. Powers of certain tribunals

The tribunals referred to in section 1(b) and (c) (application of this Schedule) of this Schedule have the same powers as the High Court in respect of the attendance and examination of witnesses abroad, and in respect of the production of documents.

6. Procedures generally

Subject to any rules made under section 2 (rules) of this Schedule, an authority to which this Schedule applies may determine its own procedures.