Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p37
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 90115–92760

office, a relevant higher office, the Permanent Head of the Department in which the relevant higher office exists shall—
     (a) if, at the time when that relevant higher office becomes vacant, an officer who has completed that course of training is, by virtue of the operation of sub-section (7), an unattached officer—transfer that officer to that office under this section;
     (b) if, at the time when that relevant higher office becomes vacant, 2 or more officers who have completed that course of training are, by virtue of the operation of sub-section (7), unattached officers—transfer to that office under this section whichever of those officers was the first so to become an unattached officer; or
     (c) if, at the time when the relevant higher office becomes vacant, no officer who has completed that course of training is, by virtue of the operation of sub-section (7), an unattached officer—subject to sub-section (8), promote to that office under this section the first officer to complete that course of training.
"(5) The promotion of an officer to an office under paragraph (4) (c) takes effect on the day on which the promotion is made and salary at the rate applicable to that office is payable to the officer on and from that day.
"(6) Where 2 or more officers complete a course of training at the one time or become, by virtue of the operation of sub-section (7), unattached officers at the one time, they shall be treated, for the purposes of sub-section (4), as having completed that course of training, or as having become unattached officers, as the case requires, in a sequence of time corresponding to the order of merit in which, on the assessment of the person or body conducting the course of training, those officers completed the course.
"(7) Where an officer who is entitled, upon completion of a particular course of training to the satisfaction of the Board, to occupy a relevant higher office so completes that course of training but there is, at the time when he completes that course, no vacant relevant higher office, or no vacant relevant higher office to which he is entitled under paragraph (4) (c) to be promoted—
     (a) he becomes forthwith, by force of this sub-section, an unattached officer who is required to perform duties corresponding to the duties of such an office; and
     (b) he shall have the designation appropriate to the occupant of such an office and shall be entitled to be paid the salary that would, from time to time, be payable to him if he were the occupant of such an office.
"(8) Nothing in sub-section (4) shall be taken to prevent the Permanent Head from promoting or