Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p66
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 168200–170989

declare, in writing, that the officer is eligible for redeployment for that reason.
"(2) Where the Board makes a declaration under sub-section (1) in relation to an officer in a Department, the Board shall give notice in writing of the making of the declaration to the officer and to the relevant Secretary.
"(3) Notice under sub-section (2) to an officer shall state that—
     (a) the officer may appeal against the declaration to an Appeal Tribunal under section 76m within the period prescribed for the purposes of this paragraph; and
     (b) after the expiration of the period referred to in paragraph (a), the Board may redeploy or retire the officer in accordance with sub-section 76l (3).
"(4) The Board may, from time to time, publish in the Gazette a notice setting out administrative procedures to be followed in the making of declarations under sub-section (1).

Redeployment and retirement of Senior Executive Service officers
"76l. (1) Where, in relation to a Senior Executive Service officer of a particular classification—
     (a) the Board, after having taken reasonable steps to identify Senior Executive Service offices—
        (i) that are of the same or equal classification;
        (ii) to which the officer could be transferred or the duties of which the officer could be directed to perform; and
        (iii) the duties of which the officer, in the opinion of the Board, can or could, within a reasonable time, perform efficiently,
    is satisfied that the services of the officer cannot reasonably be, and will not within a reasonable time be able reasonably to be, used in the Service in the performance of the duties of, or duties appropriate to, a Senior Executive Service office of the same or equal classification; and

     (b) in a case where the officer is a declared officer—
        (i) the officer has waived his right to appeal against the declaration made in relation to him under sub-section 76k (1) or the time within which the officer may appeal against the declaration has expired and no such appeal has been instituted; or
        (ii) if such an appeal has been instituted—
          (a) the appeal has been determined and the declaration has been confirmed; or
          (b) the appeal has been withdrawn,
the Board may give notice in relation to the officer under sub-section (3).
"(2) In determining for the purposes of sub-section (1) whether an officer can or could, within a reasonable time, perform the duties of an office in a Department efficiently, the Board shall have regard to—
     (a) the standard of work performed by the officer as a Senior Executive Service officer (including any relevant appraisal of the performance of the officer);
     (b) the experience possessed by the officer relevant to the performance of those