VOLUME 8
4.13
4.14
RESTRICTED
4.13
4.15
DISCIPLINE, PERSONAL PETITIONS AND APPEALS
The DT Staffing Section is responsible for handling all disciplinary cases and all petitions to the Secretary of State by individual officers in a DT, when referred from a DT. DT geographical Departments should refer such petitions or appeals to the Staffing Section. In dealing with them, the DT Staffing Section consults their Departmental Legal Adviser, the ODM as required, and the DT geographical Department concerned. At the appropriate stage the DT Staffing Section is responsible for the submission of the petition or appeal to higher authority (see para 4.8.5) in the FCO in accordance with the procedure laid down for dealing with petitions in Chapter 9 and Colonial Regulations.
PENSIONS AND SUPERANNUATION
Pensions and superannuation are dealt with by the Pensions Department, ODM, who should always be consulted both on matters of general policy and individual cases. Matters of general policy include questions of compensation and the DT Staffing Section should be kept informed.
4.15
4.15.1
JUDICIAL APPOINTMENTS IN DTS
When the OAG of a DT reports an impending vacancy, the selection of a Chief Justice is the responsibility of the Legal Adviser, the DT Staffing Section and the Head of the appropriate DT geographical Department. Such appointments are not the concern of the Dependent Territories Senior Appointments-Beard. When the Selection has been made, the DT Staffing Section informs the OAG of the DT in which the selected officer is serving. This communication sets out the terms of the appointment and asks the OAG, unless he has any objections, to ascertain whether the officer wishes his name to be submitted to The Queen. If the officer is in the UK, a sounding letter is sent to him direct by the DT Staffing Section, but the OAG of the Territory in which the officer is serving must first be asked whether he has any objection. If the officer agrees, The Queen's approval is then sought by means of a letter from the Secretary of State's Private Secretary. When The Queen's approval is received, the officer and the Government or Governments concerned, are informed that The Queen has given instructions for his appointment. (The language of the notification should conform in each case to the Constitution of the Territory.) The OAG of the receiving Territory is asked, at the same time, to issue Letters Patent making the appointment.
4.15.2 At the same time as the Governments concerned are informed that the appointment has been approved, the DT Staffing Section arranges with News Department for the appointment to be notified to the public simultaneously in the UK and in the Territories concerned.
4.15.3
4.15.4
For a temporary appointment, the Legal Executive Branch is consulted as to whether the authority of The Queen should be requested and whether the OAG should be asked to issue Letters Patent.
The procedure at paras 4.15.1 and 4.15.2 applies also to the appointment of Presidents and Vice Presidents of courts of Appeal and Justices of Appeal in various regions and areas which include DTs, except
that
no
The Queen.
formal submission is made to
October 1978
29
RESTRICTE
Page 135Page 136