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LEGAL SERVICE LAW, 1993 (PNDCL
320)
As amended
ARRANGEMENT OF SECTIONS
Section
1. Establishment of Legal Service
2. Establishment of posts in the
Service
3. Head of the Service and
functions
4. Qualification for appointment
into the Service
5. Salaries and benefits of
officers
6. Voluntary retirement
7. Compulsory retirement
8. The Legal Service Board
9. Functions of the Board
10. Tenure of office of members of
Board and remuneration
11. Meetings of the Board
12. Co-opted members
13. Committees of the Board
14. Secretary to the Board
15. Administrative staff of the
Service
16. Expenses of the Service
17. Regulations
18. Interpretation
19. Repeals and revocations
SCHEDULES
First Schedule—Legal service posts
Second Schedule—Legal service
posts and equivalent Judicial
Service posts
IN pursuance of the Provisional
National Defence Council
(Establishment) Proclamation 1981
this Law, is hereby made:
Section 1—Establishment of Legal
Service.
(1) There is hereby established a
Legal Service (hereafter referred
to as "the Service") which shall
form part of the Public Services
of Ghana.
(2) The Service comprises all
lawyers in the Attorney-General's
Department holding the posts
specified in the First Schedule to
this Law and such other
administrative and supportive
personnel as the Council may
direct.
(3) Lawyers referred to in
subsection (2) of this section are
lawyers appointed to posts in
Category "A", "B" or "C" specified
in the First Schedule to this Law.
(4) Members of the Service shall
be appointed by the President in
accordance with the advice of the
Board given in consultation with
the Public Services Commission.
(5) The President may in
accordance with article 195 (2) of
the Constitution delegate the
power of appointment vested in him
under subsection (4) of this
section.[As substituted by the
Legal Service (Amendment) Act,
1994 ( Act 487), s.(a)]
Section 2—Establishment of Posts
and Divisions.
The President may on the advice of
the Board by legislative
instrument—
(a) create such other Divisions
and establish such other posts as
may be specified therein;
(b) amend the Schedule to the Law;
(2) Where an instrument is issued
under subsection (1) of this
section, a reference to the
Attorney-General or an officer of
the Attorney-General's Department
in any enactment in existence
immediately before the coming into
force of the instrument, shall be
construed and adapted with such
modifications as may be necessary
to give effect to the provisions
of the instrument. [As substituted
by Legal Service (Amendment) Act,
1994 (Act 487), s.(b)]
Section 3—Head of the Service and
Functions.
(1) The Solicitor-General shall
be the administrative head of the
Service.
(2) The Solicitor-General shall—
(a) in the absence of both the
Attorney-General and Deputy
Attorney-General perform the
functions of the Attorney-General;
(b) subject to such directions as
may be given by the
Attorney-General, supervise and
co-ordinate the work of all
divisions of the
Attorney-General's Department and
of members of the Service; and
(c) perform such functions as may
be assigned to him by the
Attorney-General.
Section 4—Qualification for
Appointment into the Service.
No person shall be appointed to a
post specified in column 1 of the
Second Schedule to this Law unless
his standing as a legal
practitioner is at least the years
specified in column II of that
Schedule in relation to that post.
Section 5—Salaries and Benefits of
Officers.
The salaries and benefits attached
to posts in the Service shall be
the same as those applicable to
posts in the Judiciary and the
Judicial Service requiring
equivalent professional experience
and for the removal of doubt but
subject to sections 6 and 7 of
this Law, the conditions of
service relative to the posts
listed in column I of the Second
Schedule to this Law shall be the
same as those of the corresponding
Justice of the Superior Court of
Judicature and other persons
holding the judicial offices
listed in column III of that
Schedule.
Section 6—Voluntary Retirement.
A
member of the Service may retire
from the Service at any time after
attaining the age of 45 years.
Section 7—Compulsory Retirement.
A
member of the Service may on
attaining the age of 60 years
continue in the Service unless the
Council otherwise determines and
shall retire from the Service on
attaining the age of 65 years.
Section 8—The Legal Service Board.
(1) The governing body of the
Service shall be the Legal Service
Board (hereafter referred to as
"the Board").
(2) The Board shall consist of—
(a) the Attorney-General, who
shall be the Chairman;
(b) the Deputy Attorney-General;
(c) the Solicitor-General;
(d) a Justice of the Superior
Court of Judicature nominated by
the Chief Justice;
(e) the chairman of the Public
Services Commission or his
representative;
(f) a representative of the
Ghana Bar Association; and
(g) two other persons appointed
by the Council.
Section 9—Functions of the Board.
(1) The Board shall—
(a) advise the Council on all
matters connected with the
structure and conduct of the
affairs of the Service and in
particular, in relation to the
recruitment, appointment,
promotion, discipline, dismissal
and other conditions of service of
officers in the Service; and
(b) perform such other functions
as the Council may direct.
(2) [Deleted by Legal Service
(Amendment) Act, 1994 (Act 487),
s.(c)]
(3) [Deleted by Legal Service
(Amendment) Act, 1994 (Act 487),
s.(c)]
(4) The Council may delegate to
the Board the appointment of such
grades of administrative and
supporting staff as it may direct.
(5) All legal officers for
employment in the public services
shall before their employment be
interviewed by the Board.
Section 10—Tenure of Office of
Members of Board and Remuneration.
(1) A member of the Board other
than the ex-officio members shall
hold office for a period not
exceeding three years and are
eligible for re-nomination or
re-appointment as the case may be.
(2) A member of the Board other
than the ex-officio members may
resign his office by notice in
writing addressed to the Council.
(3) Members of the Board may be
paid such allowances as the Board
may in consultation with the
Secretary for Finance determine.
Section 11—Meetings of the Board.
(1) The Board shall meet at such
times and places as the Chairman
may determine but shall meet at
least once every three months.
(2) At every meeting of the Board
at which he is present, the
Chairman shall preside, and in his
absence the Deputy
Attorney-General shall preside,
and in the absence of both the
Attorney-General and the Deputy
Attorney-General the members shall
elect one of their number present
to preside.
(3) The quorum of every meeting of
the Board shall be five.
(4) The validity of proceedings of
the Board shall not be affected by
any vacancy in its membership or
any defect in the appointment of
any member.
(5) Subject to the provisions of
this Law, the Board shall regulate
its own procedure.
Section 12—Co-opted Members.
The Board may at any time co-opt
any person to act as an adviser at
its meeting but no person so
co-opted shall be entitled to vote
at the meeting on a matter for
decision by the Board.
Section 13—Committees of the
Board.
The Board may for the discharge of
its functions appoint committees
and may assign to the committees
such functions as the Board may
determine.
Section 14—Secretary to Board.
(1) There shall be a secretary to
the Board who shall be nominated
by the Attorney-General after
consultation with the Head of the
Civil Service.
(2) The Secretary shall, subject
to the directions of the Board—
(a) arrange the business for and
cause to be recorded and kept the
minutes of all meetings of the
Board; and
(b) perform any other duties in
relation to the functions of the
Board as the Board may direct.
Section 15—Administrative Staff of
the Service.
Until provision is made by law in
respect of administrative and
secretarial staff for the Service,
the Head of the Civil Service
shall provide the Service with the
services of such administrative
and secretarial staff as the
Service may require subject to
such terms and conditions as the
Head of the Civil Service and the
Board may determine.
Section 16—Expenses of the
Service.
The expenses of the Service
including all salaries,
operational costs and pensions
shall be a charge on the
Consolidated Fund.
Section 17—Regulations.
The Attorney-General may on the
recommendations of the Board by
legislative instrument make
regulations providing for—
(a) procedure governing the
exercise by the Board of its
functions;
(b) filling of vacancies in the
Service;
(c) matters relating to
misconduct of officers,
disciplinary proceedings and
penalties;
(d) method of leaving the
Service; and
(e) conditions and terms of
service in respect of the
administrative and supporting
staff of the Service;
(f) matters for giving full
effect to the provisions of this
Law.
Section 18—Interpretation.
In this Law unless the context
otherwise requires—
"Council" means the President.[As
substituted by Legal Service
(Amendment) Act, 1994 (Act 487),
s.(d)]
Section 19—Repeals and
Revocations.
(1) Section 40 of the Provisional
National Defence Council
(Establishment) Proclamation
(Supplementary and Consequential
Provisions) Law, 1982 (PNDCL 42)
is hereby repealed.
(2) The Legal Service Regulations
1983 (LI 1288) and the Legal
Service, (Amendment) Regulations,
1987 (LI 1342) are hereby revoked.
FIRST SCHEDULE
Section 1(3)
LEGAL SERVICE POSTS
CATEGORY 'A'
Solicitor-General
Director of Public Prosecutions
Director of Legislative Drafting
Registrar-General who is a lawyer
Chief State Attorney
CATEGORY 'B'
Principal State Attorney
Senior State Attorney
CATEGORY 'C'
State Attorney
Assistant State Attorney
SECOND SCHEDULE
(Sections 4 and 5)
LEGAL SERVICE POSTS AND EQUIVALENT
JUDICIAL SERVICE POSTS
Legal Service
Posts
Number of Years Standing as a
Lawyer
Judiciary or Judicial Service
Posts Number of Years Standing as
a Lawyer
Solicitor-General, Director of
Public} Prosecutions, Director of
Legislative} Drafting,
Registrar-General
}
12 Justice of the Court of
Appeal 12
Chief State Attorney
.. ..
10 Justice of the High
Court 10
Principal State
Attorney }
Senior State
Attorney
} 5 Circuit
Court Judge 5
State Attorney ..
.. .. 3
District Magistrate Grade
I .. ..
.. 3
Assistant State Attorney ..
Nil District Magistrate
Grade II .. ..
.. Nil
JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council
Date of Gazette Notification: 5th
March, 1993.
amended by
THE LEGAL SERVICE (AMENDMENT) ACT,
1994 (ACT 487)1
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