Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p46
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 116531–119368

in the declaration under sub-section 29b (1) in relation to the office;
        "(f) in a case where the vacant office concerned is a full-time office—the willingness of the officer to undertake the duties of the office on a full-time basis;
        "(g) any personal qualities of the officer relevant to the discharge of those duties,"; and
     (b) by omitting from sub-section (3) "(e)" and substituting "(g)".

Appeals
39. Section 50b of the Principal Act is amended by omitting sub-section (4) and substituting the following sub-section:
"(4) Where the Board considers it appropriate to do so, the Board may, before the expiration of the period prescribed under sub-section (3), extend that period.".

Promotion Appeal Committees
40. Section 50c of the Principal Act is amended—
     (a) by omitting from sub-section (1) "Promotions" and substituting "Promotion"; and
     (b) by omitting from sub-section (2) "section 53c" and substituting "section 50ca".
41. After section 50c of the Principal Act the following section is inserted:

Constitution of Promotion Appeal Committees
"50ca. (1) A Promotion Appeal Committee shall be constituted as prescribed.
"(2) The members of a Promotion Appeal Committee shall hold office on such terms and conditions (including tenure of office) as are prescribed.
"(3) Where a Committee has been constituted for the purposes of an appeal but, before the appeal has been finally determined by the Committee, a member or members of the Committee ceases or cease to be such a member or members or, for any other reason, ceases or cease to take part in consideration of the claims of the respective parties to the appeal proceedings or in the determination of the appeal, the Committee shall be reconstituted by the remaining member or members (if any) and another member or other members selected or nominated in accordance with regulations under sub-section (1).

"(4) Where a Committee is reconstituted pursuant to sub-section (3), the Committee as reconstituted may, subject to sub-section (5), have regard to the evidence given, the argument adduced and the reasons for any decision given during the proceedings before the Committee as previously constituted.
"(5) Sub-section (4) does not apply in relation to a Committee that is reconstituted pursuant to sub-section (3) unless—
     (a) 2 of the members of the Committee as reconstituted were members of the Committee as previously constituted; or
     (b) the parties to the appeal proceedings agree that the sub-section is to apply.
"(6) For the purposes of the determination of an appeal or of any matter arising in the course of an appeal, where the members of the Committee do not concur in a decision relating to the determination of that appeal or of that matter—
     (a) if a majority of the members concur in a decision—the decision