Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p39
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 98768–101576

is amended—
     (a) by omitting paragraph (7) (c) and substituting the following paragraph:
        "(c) direct, subject to sub-sections (7a) and (7b), that he continue on probation for such further period as the Board thinks fit.";
     (b) by inserting after sub-section (7) the following sub-sections:
    "(7a) Subject to sub-section (7b), the Board shall not direct that a probationer continue on probation for a further period if the total period of his probation would exceed 1 year.
    "(7b) Where a probationer holds a training office, the Board may direct that the probationer continue on probation until he is promoted or transferred to an office that is not a training office.";
     (c) by inserting in sub-section (8) ", subject to sub-section (8aa)," after "confirm or";
     (d) by inserting after sub-section (8) the following sub-sections:
    "(8aa) Where, in accordance with sub-section (7b), the Board directs that a probationer continue on probation until he is promoted or transferred to an office that is not a training office, the Board shall not, after the period of 1 year commencing on the day on which the probationer commences duties in pursuance of his appointment, annul his appointment except on the ground that his performance in the course of training required of the occupant of the training office has not been satisfactory.
    "(8ab) Where—
        (a) in accordance with sub-section (7b), the Board directs that a probationer continue on probation until he is promoted or transferred to an office that is not a training office; and
        (b) the probationer is, after the period of 1 year commencing on the day on which he commenced duties in pursuance of his appointment, promoted or transferred to an office that is not a training office,
the appointment of the probationer shall be taken to have been confirmed on the day on which the promotion or transfer takes effect.
    "(8ac) Where—
        (a) paragraph (8ab) (a) applies in relation to a probationer; and
        (b) the probationer is, before the expiration of the period referred to in paragraph (8ab) (b), promoted or transferred to an office that is not a training office,
the probationer shall continue on probation as if the Board had not made a direction under sub-section (7b) in relation to the probationer."; and
     (e) by adding at the end thereof the following sub-section:
    "(16) In this section, 'training office' means an office that is specified in a determination made by the Board under sub-section 53b (1) as an office the occupant of which is required to undergo a course of training for the purpose of enabling him to perform duties that require professional, technical or other knowledge.".
(2) Section 47 of the Principal Act is amended by omitting from sub-section (16) "53b