Division 2.—Disciplinary Offences and Punishment (Regulations 91-99).
Interpretation.
4.—(1.) In these Regulations, unless the contrary intention appears—
“classification” means the arrangement of offices and positions in classes, and includes the allotment to offices and positions of salaries or limits of salary according to the value of the work;
“employee” means a person engaged under paragraph (b) of sub-section (1.) of section 9 of the Act;
“holiday” means a day to be observed as a holiday under regulation 48 of these Regulations;
“officer” means a person appointed under paragraph (a) of subsection (1.) of section 9 of the Act;
“the Act” means the High Commissioner (United Kingdom) Act 1909-1957;
“the Official Secretary” means the Official Secretary to the High Commissioner’s Office;
“the repealed Regulations” means the High Commissioner (Staff) Regulations repealed by regulation 2 of these Regulations;
“the Service” means the Service of the High Commissioner;
“war service” means service in a naval, military or air force raised in the Commonwealth, the United Kingdom or in another part of the Queen’s dominions during the war that commenced on the fourth day of August, 1914, or the war within the meaning of section 4 or section 139 of the Re-establishment and Employment Act 1945-1959.
(2.) A reference in these Regulations to an amount of money shall be read as a reference to that amount in sterling.
Responsibility for the efficent working of the Office.
5.—(1.) The Deputy High Commissioner is responsible to the High Commissioner for the proper and efficient working of the High Commissioner’s Office.
(2.) The exercise and performance of the powers and functions conferred on or delegated to the Official Secretary under these Regulations is subject to these Regulations and to any directions of the High Commissioner or of the Deputy High Commissioner.
(3.) The Deputy High Commissioner may exercise any or all of the powers conferred on the Official Secretary by these Regulations or delegated to the Official Secretary and, in that event, a reference in these Regulations to the Official Secretary shall, unless inconsistent with the context, be read as a reference to the Deputy High Commissioner.
Delegations.
6.—(1.) Subject to this regulation, the High Commissioner, the Deputy High Commissioner or Official Secretary may, in relation to a matter or class of matters, by writing under his hand, delegate all or any of his powers and functions under these Regulations (except this power of delegation).
(2.) A power or function so delegated may be exercised or performed by the delegate with respect to the matters or to the matters included in the class of matters, specified in the instrument of delegation.
(3.) A delegation under this regulation is revocable at will and does not prevent the exercise of a power or the performance of a function by the High Commissioner, the Deputy High Commissioner or the Official Secretary, as the case may be.
(4.) The High Commissioner shall not delegate any of his powers and functions under these Regulations except to the Deputy High Commissioner or the Official Secretary.
(5.) The Deputy High Commissioner shall not delegate his functions under sub-regulation (1.) of the last preceding regulation.
(6.) The Deputy High Commissioner or the Official Secretary shall not delegate any of his powers and functions under these Regulations except to an officer appointed under the Act or to an officer of the Public Service of the Commonwealth.
PART II.—COMPOSITION AND ADMINISTRATION OF THE SERVICE.
Division 1.—General.
Composition of the Service.
The Service consists of—
(a) officers whose service is, subject to these Regulations, of a permanent nature; and
(b) employees appointed to provide temporary assistance.
Creation, &c., of offices.
8.—(1.) The Minister may, on the recommendation of the High Commissioner—
(a) create a new office;
(b) abolish an office; or
(c) raise or lower the classification of an office.
(2.) Where the classification of an office is altered, the office shall be deemed to be vacant and the officer who occupied the office immediately before the alteration shall become an unattached officer.
(3.) Where the Minister makes the same alteration of the classification of all offices having the same designation and classification, the Minister may direct that the last preceding sub-regulation shall not apply and in that case that sub-regulation does not apply.
(4.) The High Commissioner shall cause a notification of the creation of a new office, the abolition of an office or the alteration of the classification of an office, or of a direction under the last preceding sub-regulation, to be circulated in the Service.
Temporary positions.
The High Commissioner may, subject to any directions from the Minister, provide temporary positions in the Service for the efficient functioning of the High Commissioner’s Office.
Variation of duties of an office.
The officer in charge of each branch or section of the Service shall, whenever the necessity arises, report to the Official Secretary on any alterations which, in his opinion, are necessary or expedient for the more economic or convenient working of the branch or section.
Division 2.—Appointments.
Eligibility for appointment as an officer.
11.—(1.) A person is not eligible for appointment to an office in the Service unless—
(a) he is a British subject;
(b) the High Commissioner is satisfied that he has obtained the educational qualifications required for appointment to that office;
(c) subject to the next succeeding sub-section, the High Commissioner is satisfied, upon production by the person of a certificate from a legally qualified medical practitioner, as to his health and physical fitness for appointment to that office;
(d) the High Commissioner is satisfied, upon production by the person of a duly certified extract from an official register of births or other evidence, that he is not less than sixteen years of age and not more than fifty years of age; and
(e) he makes and subscribes an oath or affirmation in accordance with the form in the Second Schedule to these Regulations.
(2.) A person who was engaged on war service is eligible for appointment to an office in the Service, although not free from physical defects resulting from his war service, if the High Commissioner is satisfied, after such medical examination as the High Commissioner requires, that the person is free from such physical defects as would incapacitate him for the efficient discharge of the duties of the office to which he is to be appointed.
Eligibility for engagement as an employee.
Except with the approval of the Minister, a person shall not be engaged as an employee unless—
(a) he is a British subject; and
(b) he makes and subscribes an oath or affirmation in accordance with the form in the Second Schedule to these Regulations.
Administration of oath or affirmation.
For the purposes of the last two preceding regulations, the Official Secretary or an officer authorized in writing by the High Commissioner may administer the oath or affirmation under those regulations.
Educational qualifications for appointment to an office.
The High Commissioner may determine the educational qualifications required in respect of appointment to an office.
Other restrictions on appointment.
15.—(1.) A person shall not be appointed from outside the Service to a vacant office the maximum salary of which exceeds £865 per annum unless the High Commissioner certifies that there is no officer available who is as capable of carrying out the duties of the vacant office.
(2.) A married woman shall not be appointed as an officer unless the High Commissioner certifies that special circumstances exist which make her appointment desirable.
Appointments to be on probation.
16.—(1.) A person appointed as an officer shall, in the first instance, be on probation only and may be continued on probation for a period of six months, but his services may be dispensed with by the High Commissioner at any time during that period.
(2.) After the period of six months on probation has expired, the High Commissioner may confirm or annul the appointment or extend the period of probation for a further period not exceeding six months.
(3.) The High Commissioner may, at any time during an extended period of probation, confirm or annul the appointment.
(4.) Upon the expiration of the extended period of probation of a person whose appointment has not been confirmed or annulled under the provisions of the last preceding sub-regulation, the High Commissioner shall confirm or annul the appointment.
(5.) Notwithstanding anything contained in the preceding provisions of this regulation, a person who has been employed in the Service as an employee or as an officer of the Third Class under the repealed Regulations for a period of at least six months may, upon satisfactory evidence of his conduct, diligence and efficiency during that period, be appointed as an officer by the High Commissioner without probation.
(6.) Unless otherwise directed by the High Commissioner, an annulment of appointment takes effect from the date on which the person is directed to cease to perform the duties of the office as an officer.
(7.) Unless otherwise determined by the High Commissioner, a person whose appointment has been annulled is not eligible for appointment as an officer at any time within the period of twelve months from the date of annulment.