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(3) Any person for the time being authorised to act as a
member of the Public Service Commission under subsection (2) of
section 165 of this Constitution (other than a person so authorised on
account of the inability of the member of the Commission appointed
under section 160 (d) of this Constitution) shall act as a member of the
Police and Prison Services Commission.
(4) If at any time either of the members of the
Commission appointed under paragraph (b) of subsection (1) of
section 176 of this Constitution is for any reason unable to exercise
the functions of his office, the President 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 sections 177 to 179 of this Constitution, continue to act until the
holder of the office has resumed his functions or until his appointment
to act has been revoked by the President. In making or revoking
such an acting appointment, the President shall act in accordance
with paragraph (b) of subsection (1) of section 176 of this
Constitution.
Disqualifications.
177. (1) Subject to subsections (2) and (3) of this section, the
provisions of sections 161 and 162 of this Constitution shall apply in
relation to the members of the Police and Prison Services Commission
referred to in paragraph (b) of subsection (1) of section 176 of this
Constitution, as they apply in relation to a member of the Public Service
Commission as regards disqualifications as to membership and
ineligibility for appointment respectively.
(2) A person shall not be qualified to be appointed as a
member of the Commission if he is, or has at any time during the period
of three years immediately preceding his appointment, been a judge of
the Supreme Court or, as the case may be, a member of the Police
Service or the Prison Service.
(3) 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 office in the Police Service or the Prison
Service as the case may be.
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