Section 12: Removal and discipline of senior staff.

(1) If it appears to the Board that there are reasons for believing that any person employed as a member of the senior staff of the Council other than the executive secretary should be removed from office on grounds of misconduct or inability to perform the functions of his office, the Board shall-
(a) give notice of those reasons to the person concerned;
(b) afford him an opportunity of making representations on the matter to the Board in person;
(c)
if the person concerned or any three members of the Board so request within the period of one month beginning with the date of the notice, make arrangements-
(i) for a committee of the Board to investigate the matter and to report on it to the Board; and
(ii) for the person in question to be afforded an opportunity of appearing before and being heard by the investigating committee on the matter; and
(iii) if the Board, after considering the report of the investigating committee, is satisfied that the person in question should be removed as aforesaid,
the Board may remove the person concerned by an instrument in writing signed by the chairman of the Board.
(2) The executive secretary may, in a case of misconduct by a member of the staff which in the opinion of the executive secretary is prejudicial to the interest of the Council, suspend such member, and any such suspension shall forthwith be reported to the Board,
(3) For good cause, any member of staff may be suspended from office or his appointment may be terminated by the Board and for the purposes of this subsection, "good cause" means-
(a) any physical or mental incapacity which the Board, after obtaining medical advice, considers to render the person concerned unfit for the discharge of the functions of his office; or
(b) conduct of a scandalous or other disgraceful nature which the Board considers to be such as to render the person concerned unfit to continue to hold his office; or
(c) conduct which the Board considers to be such as to constitute failure or inability of the person concerned to discharge the functions of his office or to comply with the terms and conditions of his service.
(4) Any person suspended pursuant to subsection (2) or (3) of this section shall be placed on half pay and the Board shall before the expiration of a period of three months after the date of such suspension consider the case against that person and come to a decision as to-
(a) whether to continue such person's suspension and if so on what terms (including the proportion of his emoluments to be paid to him); or
(b) whether to reinstate such person to his office, in which case the Board shall restore his full emoluments to him with effect from the date of the suspension; or
(c) whether to terminate the appointment of the person in question, in which case such a person shall not be entitled to the proportion of his emolument withheld during the period of the suspension; or
(d)
whether to take such lesser disciplinary action against such person (including the restoration of such proportion of his emoluments that might have been withheld) as the Board may determine,
and in any case where the Board, pursuant to this section, decides to continue a person's suspension or decides to take further disciplinary action against a person, the Board shall, before the expiration of a period of three months from such decision, come to a final determination in respect of the case concerning any such person.
(5) It shall be the duty of the person who signed the instrument of removal by virtue of subsection (1) of this section to serve or cause to be served on the person concerned, a copy of the instrument.
(6) Nothing in the foregoing provisions of this section shall prevent the Board from making such regulations for the discipline of other categories of staff and workers of the Council as it may think fit.