Grenada 1973 Constitution (reinstated 1991, reviewed 1992) - Page 7 of 13

Table of Contents

Chapter VI. The Public Service

Part I. The Public Service Commission

83. Public Service Commission

There shall be a Public Service Commission for Grenada which shall consist of a Chairman and four other members who shall be appointed as follows:-
1. the Chairman and two members shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister;
2. two members shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister after the Prime Minister has consulted the appropriate representative bodies:
Provided, however, that no appointment shall be made under this subsection unless the body consulted has been in agreement thereto.
A person shall not be qualified to be appointed as a member of the Commission if-
1. he is a Senator or a member of the House of Representatives; or
2. he is a judge of the Court of Appeal or the High Court or a public officer.
A member of the Commission shall not, within the period of three years commencing with the day on which he last held or acted in the office of member of the Commission, be eligible for appointment to or to act in any public office.
Subject to the provisions of this section, the office of a member of the Commission shall become vacant-
1. at the expiration of three years from the date of his appointment; or
2. if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified to be appointed as such under subsection (2) of this section.
A member of the Commission may be removed from office only for inability to exercise 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 this section.
A member of the Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (7) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
If the Prime Minister represents to the Governor-General that the question of removing a member of the Commission under this section 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 Chief Justice 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 such a court; and
2. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member ought to be removed under this section.
If the question of removing a member of the Commission has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Prime Minister, may suspend that member from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that that member should not be removed.
If the office of Chairman of the Commission is vacant or if the person holding that office is for any reason unable to exercise the functions of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be exercised by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting in accordance with the advice of the Prime Minister.
If at any time any member of the Commission is acting as Chairman or is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Prime Minister, may appoint a person who is qualified to be appointed as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (5) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General, acting in accordance with the advice of the Prime Minister.
A member of the Commission shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and the oath of office.
The Commission shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.
The Commission may by regulation or otherwise regulate its own procedure and, with the consent of the Prime Minister, may confer powers or impose duties on any public officer or on any authority of the Government of Grenada for the purpose of the exercise of its functions.
The Commission may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings:Provided that any decision of the Commission shall require the concurrence of a majority of all its members.
In this section “the appropriate representative bodies” means the Grenada Civil Service Association and the Grenada Union of Teachers.

84. Appointment, etc., of public officers

Subject to the provisions of section 91 of this Constitution, the power to appoint persons to hold or act in offices in the public service (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office and the power to grant leave shall vest in the Public Service Commission.
The Public Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) of this section to any one or more members of the Commission or, with the consent of the Prime Minister, to any public officer.
The provisions of this section shall not apply in relation to the following offices, that is to say:-
1. any office to which section 85 of this Constitution applies;
2. the office of Director of Public Prosecutions;
3. the office of Director of Audit;
4. any office to which section 88 of this Constitution applies;
5. any office in the Police Force.
No person shall be appointed under this section to or to act in any office of the Governor-General’s personal staff except with the concurrence of the Governor-General.
Before any of the powers conferred by this section are exercised by the Public Service Commission or any other person or authority in relation to the Clerk of the Senate or the Clerk of the House of Representatives or a member of the staff of either of those Houses, the Commission or that person or authority shall consult with the President of the Senate or the Speaker of the House, as the case may be.
Before the Public Service Commission or any other person or authority exercises its powers under this section to appoint to or to act in any public office any person who holds or is acting in any office the power to make appointments to which is vested by this Constitution in the Judicial and Legal Services Commission, the Public Service Commission or that person or authority shall consult with the Judicial and Legal Services Commission.
A public officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the Judicial and Legal Services Commission concurs therein.
Every officer who is required to retire on abolition of his office or for the purpose of reorganisation of his Ministry or Department shall be entitled to pension and retiring benefits as if he had attained the compulsory retiring age.

Part II. Appointments, etc., to particular offices

85. Appointment, etc., of permanent secretaries and certain other officers

This section applies to the offices of Secretary to the Cabinet, permanent secretary, head of a department of government and deputy head of a department of government.
Subject to the provisions of section 91 of this Constitution, the power to appoint persons to hold or to act in offices to which this section applies (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Governor-General, acting in accordance with the advice of the Public Service Commission:Provided that-
1. the power to appoint a person to hold or act in an office of permanent secretary on transfer from another such office carrying the same salary shall vest in the Governor-General acting in accordance with the advice of the Prime Minister;
2. before the Public Service Commission tenders advice to the Governor-General with respect to the appointment of any person to hold an office to which this section applies (other than an appointment to an office of permanent secretary on transfer from another such office carrying the same salary) it shall consult with the Prime Minister and if the Prime Minister signifies his objection to the appointment of any person to the office, the Commission shall not advise the Governor-General to appoint that person.
References in this section to a department of government do not include references to the department of the Attorney-General, the department of the Director of Public Prosecutions, the department of the Director of Audit or the Police Force.

86. Director of Public Prosecutions

The Director of Public Prosecutions shall be appointed by the Governor-General acting in accordance with the advice of the Judicial and Legal Services Commission.
If the office of Director of Public Prosecutions is vacant or if the Director of Public Prosecutions is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission, may appoint a person to act as Director of Public Prosecutions.
A person appointed to act in the office of Director of Public Prosecutions shall, subject to subsections (5), (7), (8) and (9) of this section, cease so to act-
1. when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or
2. at such earlier time as may be prescribed by the terms of his appointment.
A person shall not be qualified to be appointed to hold or act in the office of Director of Public Prosecutions unless-
1. he is qualified to practise as an advocate in a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth; and
2. he has been qualified for not less than five years to practise as an advocate or solicitor in such a court.
Subject to the provisions of subsection (7) of this section, the Director of Public Prosecutions shall vacate his office when he attains the prescribed age.
A person holding the office of Director of Public Prosecutions may be removed from office only for inability to exercise 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 this section.
The Director of Public Prosecutions shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the Governor-General that he ought to be removed for inability as aforesaid or for misbehaviour.
If the Prime Minister or the Chairman of the Judicial and Legal Services Commission represents to the Governor-General that the question of removing the Director of Public Prosecutions under this section 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 Chief Justice 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 such a court; and
2. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the Director of Public Prosecutions ought to be removed under this section.
If the question of removing the Director of Public Prosecutions has been referred to a tribunal under this section, the Governor-General acting in accordance with the advice of the Judicial and Legal Services Commission, may suspend the Director of Public Prosecutions from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Director of Public Prosecutions should not be removed.
The prescribed age for the purposes of subsection (5) of this section is the age of sixty years or such other age as may be prescribed by Parliament:Provided that any law enacted by Parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Director of Public Prosecutions, shall not have effect in relation to that person unless he consents that it should have effect.

87. Director of Audit

The Director of Audit shall be appointed by the Governor-General Director of Audit acting in accordance with the advice of the Public Service Commission.
If the office of Director of Audit is vacant or if the Director of Audit is for any reason unable to exercise the functions of his office, the Governor-General, acting in accordance with the advice of the Public Service Commission, may appoint a person to act as Director of Audit.
Before tendering advice for the purposes of subsection (1) or subsection (2) of this section, the Public Service Commission shall consult the Prime Minister.
A person appointed to act in the office of Director of Audit shall, subject to subsections (5), (7), (8) and (9) of this section, cease so to act-
1. when a person is appointed to hold that office and has assumed the functions thereof or, as the case may be, when the person in whose place he is acting resumes the functions of that office; or
2. at such earlier time as may be prescribed by the terms of his appointment.
Subject to the provisions of subsection (7) of this section the Director of Audit shall vacate his office when he attains the prescribed age.
A person holding the office of Director of Audit may be removed from office only for inability to exercise 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 this section.
The Director of Audit shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (8) of this section and the tribunal has recommended to the Governor-General that he ought to be removed for inability as aforesaid or for misbehaviour.
If the Prime Minister or the Chairman of the Public Service Commission represents to the Governor-General that the question of removing the Director of Audit under this section ought to be investigated-
1. the Governor-General shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chief Justice 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 such a court; and
2. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the Director of Audit ought to be removed under this section.
If the question of removing the Director of Audit has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the Public Service Commission, may suspend the Director of Audit from the exercise of the functions of his office and any such suspension may at any time be revoked by the Governor-General, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that the Director of Audit should not be removed.
The prescribed age for the purposes of subsection (5) of this section is the age of sixty years or such other age as may be prescribed by Parliament:Provided that any law enacted by Parliament, to the extent to which it alters the prescribed age after a person has been appointed to be or to act as Director of Audit, shall not have effect in relation to that person unless he consents that it should have effect.

88. Appointment, etc., of magistrates, registrars and legal officers

This section applies to the offices of magistrate, registrar of the High Court and any public office in the department of the Attorney-General (including the public office of Attorney- General) or the department of the Director of Public Prosecutions (other than the office of Director) for appointment to which persons are required to be qualified to practice as a barrister or a solicitor in Grenada.
The power to appoint persons to hold or act in offices to which this section applies (including the power to confirm appointments) and, subject to the provisions of section 70(4) of this Constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Governor-General, acting in accordance with the advice of the Judicial and Legal Services Commission.

89. Police Force

Subject to the provisions of section 91 of this Constitution, the power to appoint a person to hold or act in the office of Chief of Police and the power to remove the Chief of Police from office shall vest in the Governor-General, acting in accordance with the advice of the Public Service Commission:Provided that before the Public Service Commission tenders advice to the Governor-General with respect to the appointment of any person to hold the office of Chief of Police the Commission shall consult with the Prime Minister and if the Prime Minister signifies his objection to the appointment of any person to the office the Commission shall not advise the Governor-General to appoint that person.
Subject to the provisions of section 91 of this Constitution, the power to appoint persons to hold or act in offices in the Police Force below the rank of Chief of Police but above the rank of Sergeant (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Public Service Commission.
Subject to the provisions of section 91 of this Constitution, the power to appoint persons to hold or act in offices in the Police Force of or below the rank of Sergeant (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Chief of Police.
The Chief of Police may, by directions given in such manner as he thinks fit and subject to such conditions as he thinks fit, delegate any of his powers under subsection (3) of this section to any other member of the Police Force.
If provision is made by or under any law-
1. altering the ranks into which the Royal Grenada Police Force established by the Police Ordinance (a) is divided; or
2. establishing a police force other than the Royal Grenada Police Force or altering the ranks into which any such other police force is divided,
the Public Service Commission may, by order published in the Official Gazette, specify some rank (other than the rank of Sergeant) in the Police Force or, as the case may be, in that other police force as being equivalent to the rank of Sergeant as it exists in the Royal Grenada Police Force under the law in force immediately before the coming into operation of this Constitution and the references in subsections (2) and (3) of this section to the rank of Sergeant shall then be construed as if they were, in relation to the Royal Grenada Police Force or, as the case may be, in relation to that other police force, references to the rank for the time being so specified.

Part III. The Public Service Board of Appeal

90. Public Service Board of Appeal

1. There shall be a Public Service Board of Appeal for Grenada which shall consist of-
  1. one member appointed by the Governor-General, acting in his own deliberate judgment, who shall be Chairman;
  2. one member appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, and
  3. one member appointed by the Governor-General, acting in accordance with the advice of the appropriate representative bodies.
2. A person shall not be qualified for appointment as a member of the Board if he is a Senator or a member of the House of Representatives.
3. Subject to the provisions of this section, the office of a member of the Board shall become vacant-
  1. at the expiration of three years from the date of his appointment; or
  2. if any circumstances arise that, if he were not a member of the Board would cause him to be disqualified to be appointed as such under subsection (2) of this section.
4. A member of the Board may be removed from office only for inability to exercise 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 this section.
5. A member of the Board shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under subsection (6) of this section and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
6. If the Governor-General, acting in his own deliberate judgment, considers that the question of removing a member of the Board under this section ought to be investigated, then-
  1. the Governor-General, acting in his own deliberate judgment, shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chief Justice 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 by a court having jurisdiction in appeals from such a court; and
  2. the tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and recommend to him whether the member ought to be removed under this section.
7. If the question of removing a member of the Board has been referred to a tribunal under this section, the Governor-General, acting in his own deliberate judgment, may suspend that member from the exercise of the functions of his office and any such suspension may be at any time revoked by the Governor-General, acting as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that that member should not be removed.

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1. If at any time any member of the Board is for any reason unable to exercise the functions of his office, the Governor-General may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall, subject to the provisions of subsection (4) of this section, continue to act until the office in which he is acting has been filled or, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General.
2. In the exercise of the powers conferred by this subsection the Governor-General shall act in his own deliberate judgment in any case where the member unable to exercise the functions of his office was appointed under paragraph (a) of subsection (1) of this section and in any case where the member of the Board unable to exercise the function of his office was appointed under paragraph (b) or (c) of subsection (1) of this section, the Governor-General shall act in accordance with the advice of the Prime Minister or the appropriate representative body, as the case may be.
The Board shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.
In this section “the appropriate representative body” has the meaning in section 83(15) of this Constitution.

91. Appeals in discipline cases

Subject to the provisions of this section, an appeal shall lie to the Public Service Board of Appeal from any of the following decisions at the instance of the person in respect of whom the decision is made-
1. any decision of the Governor-General, acting in accordance with the advice of the Public Service Commission, or any decision of the Public Service Commission to remove a public officer from office or to exercise disciplinary control over a public officer (including a decision made on appeal from or confirming a decision of any person to whom powers are delegated under section 84(2) of this Constitution);
2. any decision of any person to whom powers are delegated under section 84(2) of this Constitution to remove a public officer from office or to exercise disciplinary control over a public officer (not being a decision which is subject to appeal to or confirmation by the Public Service Commission); or
3. any decision of the Public Service Commission to give such concurrence as is required by section 93(1) or 93(2) of this Constitution in relation to the refusal, withholding, reduction in amount or suspending of any pensions benefits in respect of an officer’s service as a public officer.
Parliament may provide that where the power to exercise disciplinary control over any member of the Police Force (including the power to remove him from office) has been exercised under subsection (3) or subsection (4) of section 89 of this Constitution by any member of the Police Force (hereinafter referred to as “the disciplinary authority”), an appeal shall lie to the Public Service Board of Appeal, at the instance of the member of the Police Force in respect of whom it was so exercised, from the decision of the disciplinary authority:Provided that Parliament or (in the case of the exercise of a power under subsection (4) of section 89 of this Constitution) the Chief of Police may require appeals to be made to the Chief of Police before they are made to the Public Service Board of Appeal.
Upon an appeal under subsection (1) of this section or any law enacted in pursuance of subsection (2) of this section the Board may affirm or set aside the decision appealed against or may make any other decision which the authority or person from whom the appeal lies could have made.
Every decision of the Board shall require the concurrence of a majority of all its members.
Subject to the provisions of subsection (4) of this section, the Board may by regulation make provision for-
1. the procedure in appeals under this section;
2. excepting from the provisions of subsection (1) of this section decisions in respect of public officers holding offices whose emoluments do not exceed such sum as may be prescribed by the regulations or such decisions to exercise disciplinary control, other than decisions to remove from office, as may be so prescribed.
Regulations made under this section may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or any authority of the Government of Grenada for the purpose of the exercise of the functions of the Board.
The Board may, subject to the provisions of this section and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member.

Part IV. Pensions

92. Pensions laws and protection of pensions rights

The law to be applied with respect to any pensions benefits that were granted to any person before this section comes into operation shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.
The law to be applied with respect to any pensions benefits (not being benefits to which subsection (1) of this section applies) shall-
1. in so far as those benefits are wholly in respect of a period of service as a judge or public officer that commenced before the date upon which this section comes into operation, be the law that was in force on the date upon which this section comes into operation; and
2. in so far as those benefits are wholly or partly in respect of a period of service as a judge or public officer that commenced after this section comes into operation, be the law in force on the date on which that period of service commenced,
or any law in force at a later date that is not less favourable to that person.
Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall for the purposes of this section, be deemed to be more favourable to him than the other law or laws.
All pensions benefits shall (except to the extent that they are charged upon and duly paid out of some other fund) be a charge on the Consolidated Fund.
In this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or public officers or for the widows, children, dependants or representatives of such persons in respect of such service.
In this section references to service as a judge are references to service as a judge of the Court of Appeal, a judge of the High Court or a judge of the Supreme Court established by the Windward Islands and Leeward Islands (Court) Order in Council 1959 (a) and references to service as a public officer include service in an office established under section 12 of the Courts Order.
References in this section to the law with respect to pensions benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits.

93. Power to withhold pensions, etc

Where under any law any person or authority has a discretion-
1. to decide whether or not any pensions benefits shall be granted, or
2. to withhold, reduce in amount or suspend any such benefits that have been granted,
those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the Public Service Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.
Where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the Public Service Commission concurs in his being granted benefits of a smaller amount.
The Public Service Commission shall not concur under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held the office of judge of the High Court, Director of Public Prosecutions, or Director of Audit has been guilty of misbehaviour in that office unless he has been removed from that office by reason of such misbehaviour.
Before the Public Service Commission concurs under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held any office to which, at the time of such action, section 87 of this Constitution applies has been guilty of misbehaviour in that office, the Public Service Commission shall consult the Judicial and Legal Service Commission.
Any person who is entitled to the payment of any pensions benefits and who is ordinarily resident outside Grenada may, within a reasonable time after he has received that payment, remit the whole of it (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside Grenada:Provided that nothing in this subsection shall be construed as preventing-
1. the attachment, by order of a court, of any payment or part of any payment to which a person is entitled in satisfaction of the judgment of a court or pending the determination of any civil proceedings to which he is a party to the extent to which such attachment is permitted by the law with respect to pensions benefits that applies in the case of that person; or
2. the imposition of reasonable restrictions as to the manner in which any payment is to be remitted.
In this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service.
In this section references to service as a judge are references to service as a judge of the Court of Appeal, a judge of the High Court or a judge of the Supreme Court established by the Windward Islands and Leeward Islands (Courts) Order in Council 1959 and references to service as a public officer include service in an office established under section 12 of the Courts Order.