Document ID: chunk:federal_register_of_legislation:C2004A02670:body:0:p53
Version: federal_register_of_legislation:C2004A02670
Segment Type: other
Provision Reference: 
Character Range: 129366–131994

or last ceased, to be an officer.";
     (b) by omitting paragraph (3) (a) and substituting the following paragraph:
         "(a) does not commence to perform the duties of that office within the period of 30 days after the day on which notice of the transfer is published in the Gazette or the promotion takes effect; or";
     (c) by omitting from sub-section (4) "after notice of the transfer or promotion is published in the Gazette" and substituting "after the day on which notice of the transfer is published in the Gazette or the promotion takes effect";
     (d) by omitting sub-sections (6) and (7) and substituting the following sub-sections:
      "(6) Where—
         (a) a person to whom this Division applies is transferred or promoted to an office in the Service;
         (b) at the time when notice of the transfer is published in the Gazette or the promotion takes effect, the person is absent from the eligible public employment in which he is employed on leave granted before that time; and
         (c) the Board has not made a determination under sub-section (4) in relation to the transfer or promotion,
      the reference in sub-section (3) to the period of 30 days after the day on which notice of the transfer is published in the Gazette or the promotion takes effect shall be read as a reference to the period of 30 days after the expiration of the period of the leave so granted to him.

      "(7) Where—
         (a) by virtue of the operation of sub-section (1), a person to whom this Division applies—
             (i) has been promoted under section 50 to fill a vacant office in the Service; or
             (ii) has appealed under section 50b against the promotion of another person to fill such an office; and
         (b) the person ceases to be a person to whom this Division applies before the promotion takes effect or is cancelled,
then, subject to sub-section (8)—
         (c) the preceding provisions of this section continue to apply to and in relation to the promotion or appeal as if he had not ceased to be a person to whom this Division applies; and
         (d) if he commences to perform the duties of the office as a result of his promotion to the office having taken effect—
             (i) he shall be deemed to have been re-appointed to the Service as an officer on the day immediately following the day on which he ceased to be a person to whom this Division applies and to have been absent from the Service on leave of absence without pay from the day on which he is to be deemed to have been so re-appointed until he commences to perform the duties of the office; and