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110. APPOINTMENT, ETC., OF COMMISSIONER (1) There shall be a Parliamentary Commissioner for Saint Lucia who shall be an officer of Parliament and who shall not hold any other office of emolument whether in the public service or otherwise nor engage in any other occupation for reward. (2) The Parliamentary Commissioner shall be appointed by the Governor General, acting after consultation with the Prime Minister and the Leader of the Opposition, for a term not exceeding 5 years. (3) Before entering upon the duties of his or her office, the Parliamentary Commissioner shall take and subscribe the oath of office before the Speaker. (4) Subject to the provisions of subsection (7) the Parliamentary Commissioner shall vacate his or her office at the expiration of the term for which he or she was appointed: Provided that he or she shall vacate his or her office— (a) if he or she is appointed as a Senator or with his or her consent he or she is nominated as a candidate for election to the House; or (b) if he or she is appointed to any other office of emolument or engages in any other occupation for reward. Laws of Saint Lucia Constitution of Saint Lucia Cap. 1.01 113 Revision Date: 31 Dec 2006 (5) If the office of Parliamentary Commissioner becomes vacant, an appointment to fill the office shall be made within 90 days of the occurrence of the vacancy: Provided that the House may by resolution extend that period for further periods not exceeding in the aggregate 150 days. (6) A person holding the office of Parliamentary Commissioner may be removed from office only for inability to exercise the functions of his or her 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. (7) The Parliamentary Commissioner shall be removed from office by the Governor General if the question of his or her removal from office has been referred to a tribunal appointed under subsection (8) and the tribunal has recommended to the Governor General that he or she ought to be removed for inability as aforesaid or for misbehaviour. (8) If the Governor General, acting after consultation with the Prime Minister and the Leader of the Opposition, considers that the question of removing the Parliamentary Commissioner under this section ought to be investigated— (a) the Governor General shall appoint a tribunal which shall consist of a chairperson and not less than 2 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 (b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor General and recommend to him or her whether the Commissioner ought to be removed under this section. (9) If the question of removing the Parliamentary Commissioner has been referred to a tribunal under this section, the Governor General, acting after consultation with the Prime Minister and the Leader of the Opposition, may suspend the Commissioner from the exercise of the functions of his or her office and any such suspension may at any time be revoked by the Governor General, acting as aforesaid, and shall in any case cease to have 114 Cap. 1.01 Constitution of Saint Lucia Laws of Saint Lucia Revision Date: 31 Dec 2006 effect if the tribunal recommends to the Governor General that the Commissioner should not be removed.