NO.

OF 2024
VIRGIN ISLANDSSERVICE COMMISSIONS (AMENDMENT) BILL, 2024
ARRANGEMENT OF SECTIONSSECTION
1… Short title.
2… Section 2 amended.
3… Section 3 amended.
4… Sections 16A and 16B inserted.
5… Section 17 amended.
6... Schedule inserted.

No.

of 2024

Service Commissions (Amendment) Bill, 2024

VirginIslands

I ASSENTGovernor.
, 2024
VIRGIN ISLANDS
No.

of 2024

A Bill for
AN ACT TO AMEND THE SERVICE COMMISSIONS ACT (NO. 8 OF 2011) TO PROVIDE FORVETTING OF SPECIFIED OFFICERS AND TO PROVIDE FOR CONNECTED MATTERS.
[Gazetted, 2024 ]ENACTED by the Legislature of the Virgin Islands as follows:
Short title.
1. This Act may be cited as the Service Commissions (Amendment) Act,
2024.
Section 2 amended.
2. The Service Commissions Act (referred to in this Act as the “principalAct”) is amended in section 2 by inserting the following definitions inthe proper alphabetical order:““applicant” means a person applying for a post in the PublicService;“independent body" means any external entity contracted inaccordance with section 16A (3) to perform the vetting process;“processing” in relation to information, has the same meaninggiven to it in section 2 of the Data Protection Act, No. 3 of 2021;

“vetting” means the process of gathering and processing
information about an individual’s background including personal
information, employment records, criminal records, financial
records and other relevant information to evaluate the individual’ssuitability for employment within the Public Service;“vetting clearance” means the approval granted after the vetting
process is completed.”.
Section 3 amended.
3.

The principal Act is amended in section 3(1) by inserting afterparagraph (b), the following:“(ba) vet or cause to be vetted, specified officers, or applicants for apost in the public service;”

Sections 16A and 16B inserted.
4.

The principal Act is amended by inserting after section 16 the following
new sections:“Vetting Requirement
16A. (1) An applicant shall not serve in the public service
unless that person is granted vetting clearance in accordancewith this Act and Regulations made under this Act.
(2) An officer in a department or office referred to in
Schedule 1A, who fails vetting, shall not continue to serve in
active duty until a determination is made by the relevantCommission.
(3) For the purposes of this section, the Commission isresponsible for vetting persons under this Act and may, for that
purpose, outsource the vetting process to an independent bodysubject to such terms and conditions as the Commission may
specify in the outsourcing agreement.
(4) For the purposes of this section, the relevantCommission shall by Notice published in the Gazette, specify(a) when vetting shall commence for the officers in
the Ministries or departments prescribed in
Schedule 1A; and(b) the prescribed period for submitting any relevantdocuments related to the vetting process.
(5) An applicant who(a) refuses to submit to vetting; or(b) fails to submit the prescribed form within theprescribed period; or(c) is not granted vetting clearance,
shall be deemed to have failed the vetting process and shall not be
considered for further recruitment in the Service.
(6) An officer who(a) refuses to submit to vetting; or(b) fails to submit the prescribed form within theprescribed period; or(c) is not granted vetting clearance,
shall be deemed to have failed the vetting process and shall notcontinue to serve in active duty until a determination is made by therelevant Commission.
Continuous vetting
16B. (1) Every officer required to be vetted pursuant to section 16A
shall be vetted once every five years except for senior officers, who shall bevetted every three years.
(2) Notwithstanding subsection (1), an officer shall be subject tovetting(a) prior to being promoted;(b) where, in the opinion of the Commission, information withrespect to that particular officer has come to light that may
require that officer to be vetted; or(c) where an officer was not granted vetting clearance and isrequired to resubmit to vetting.”.

Section 17 amended.
5. Section 17(2) of the principal Act is amended by(a) inserting immediately after paragraph (i) the following new paragraph:“(j) the vetting report prepared for the purposes of this Act orregulations made under this Act; and(b) redesignating paragraph (j) as (k).
Schedule 1A inserted.
12. The principal Act is amended by inserting immediately after Schedule 1 thefollowing new Schedule:“SCHEDULE 1A[Section 16A(2), (4)(a)]Departments and Offices Subject to Vetting
Customs
Department of Immigration
His Majesty’s Prison”.

Passed by the House of Assembly thisday of2024.

ck,Speaker.

ns,Clerk of the House of Assembly.

OBJECTS AND REASONSThis Bill seeks to amend the Service Commissions Act (No. 8 of 2011) (referredto in this Act as “the principal Act”) to provide for the vetting of specified
officers in the Public Service pursuant to Recommendations B39 of theCommission of Inquiry report and the Government of the Virgin Islands’
subsequent agreement via the “Framework for Implementation of theRecommendations of the Commission of Inquiry Report and Other Reforms.
Clause 1 would set out the short title.
Clause 2 seeks to insert several new definitions.
Clause 3 seeks to include in the functions of the Commissions the power to vet,or cause to be vetted, specified officers, or applicants for a post in the publicservice.
Clause 4 seeks to insert two new sections, 16A and 16B which would providethat the Commission is responsible for vetting specified persons under this Act
and may, for that purpose, outsource the vetting process to an independent bodysubject to such terms and conditions as the Commission may specify.
Clause 5 seeks to amend section 17 of the principal Act by requiring theCommissions to consider any vetting report prepared for the purposes of the Act
or regulations made under the Act when advising the selection of individuals forappointments and promotions.
Clause 6 seeks to insert a new Schedule which would provide for theDepartments and Offices subject to vetting.

Governor.