Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p51
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 124474–127126

Act is amended—
     (a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
         "(1) Subject to this section, where—
         (a) an officer to whom this Division applies was, immediately before he became such an officer, the holder of an office in the Service; or
         (b) the promotion of an officer to whom this Division applies to an office in the Service takes effect, or the officer is transferred to such an office under section 50, 53, 63f or 63g, but the officer does not commence to perform the duties of that office within a period of 30 days after the day on which the promotion takes effect or notice of the transfer is published in the Gazette,
      the office becomes vacant upon his becoming such an officer or upon the expiration of that period, as the case may be, and the officer thereupon becomes an unattached officer.
     "(2) Where the promotion of an officer to whom this Division applies to an office in the Service takes effect or the officer is transferred under section 50, 53, 63f or 63g, the Board may, on

      application made by the officer before the expiration of the period of 30 days after the day on which the promotion takes effect or notice of the transfer is published in the Gazette, determine that sub-section (1) shall have effect in relation to the promotion or transfer as if the reference in that sub-section to a period of 30 days were a reference to such longer period as is specified in the determination."; and
     (b) by omitting sub-section (4) and substituting the following sub-section:
   "(4) Where—
         (a) an officer to whom this Division applies is promoted to an office in the Service or is transferred to such an office under section 50, 53, 63f or 63g; and
         (b) at the time when the promotion takes effect or notice of the transfer is published in the Gazette, the officer is absent from his eligible public employment for a period on leave of absence granted before that time,
     the reference in sub-section (1) to the period of 30 days after the day on which the promotion takes effect or notice of the transfer is published in the Gazette shall be read as a reference to the period of 30 days after the expiration of the first-mentioned period.".
(2) Notwithstanding the amendments made by sub-section (1), section 87g of the Principal Act continues to apply to and in relation to promotions or transfers referred to in that section made before the date of commencement of this section and any determination in force under sub-section 87g (2) immediately before the commencement of this section continues in force according to