(b) delegate any such power with respect to officers whose annual salary exceeds such amount as may be prescribed by a Secretary of State; or
(b) delegate any such power with respect to any police officer.
(3) The provisions of this section shall not apply to any police officers below the rank of Assistant Superintendent, to the extent that the Commissioner of Police or some other officer of the Fiji Police Force is empowered by any law for the time being in force to exercise powers of appointment, promotion , termination of appointment, dismissal or disciplinary control in respect of such officers.
(4) The provisions of this section shall be subject to the provisions of any Instructions that may be issued by Her Majesty under Her Sign Manual and Signet or through a Secretary of State, and any power conferred by this section or delegated under this section shall be exercised in accordance with the provisions of such Instructions.
(5) If it is provided by or under any law in force in the Colony immediately before the commencement of this Order that any person shall exercise powers of appointment, promotion, transfer, termination of appointment, dismissal and disciplinary control, or any of such powers, over any public officer or class of public officer, such power or powers shall be deemed to have been delegated to that person by the Governor in accordance with the provisions of subsection (2) of this section and accordingly such power or powers shall be exercisable by that person, subject to the provisions of subsection (4) of this section, unless and until revoked by the Governor, acting in his discretion.
(6) In this section "salary" means the salary attached to a pensionable office or, where provision is made for taking service in a non pensionable office into account as pensionable service, the salary attached to that office.
4.—(1) There shall be in and for the Colony a Public Service Commission which shall consist of a Chairman and not more than three other members.
(2) The members of the Public Service Commission shall be appointed by the Governor, in his discretion, by instrument under his hand.
(3) If the office of a member of the Public Service Commission is vacant or a member is for any reason unable to perform the functions of his office, the Governor, in his discretion, may, by instrument under his hand, appoint a person who is qualified for appointment as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of this section, continue to act until the office of the member is filled or until he resigns or his appointment is revoked by the Governor, in his discretion.
(4) (a) No person shall be qualified to be appointed as a member of the Public Service Commission if he is a member of the Executive Council or of the Legislative Council of the Colony.
(b) No person shall be qualified to be appointed as Chairman of the Commission if he is a public officer at the date of his appointment.
