Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p33
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 83382–86317

of the Board, perform efficiently,
    is satisfied that the services of the officer cannot reasonably be used in the Service in the performance of the duties of, or duties appropriate to, a Senior Executive Service office of the same or equal classification, the Board may give notice to the officer under sub-section (3).";
         (b) by omitting from sub-section (2) "can or could, within a reasonable time," and substituting "could";
         (c) by omitting paragraphs (3) (a) and (b) and substituting the following paragraphs:
            "(a) the officer is assigned to a specified office of a lower classification;
            (b) the officer is to become an unattached officer of a lower classification or, being an unattached officer, is to have a lower classification; or
            (c) the officer is to be retired from the Service.";
     (d) by omitting sub-sections (7) and (8) and substituting the following sub-section:
    "(7) A notice given to an officer under sub-section (3) takes effect as provided by the regulations.";
     (e) by omitting from sub-section (10) ", sub-section (6) and paragraphs (7) (c) and (8) (b)" and substituting "and sub-section (6)"; and
     (f) by omitting from sub-section (10) "paragraph (1) (a)" and substituting "sub-section (1)".

Appeal to Appeal Committee
74. Section 76m of the Principal Act is amended by omitting sub-sections (1) and (2).

Retirement with consent of officer on grounds of invalidity
75. Section 76n of the Principal Act is amended by omitting from sub-section (1) "a declared officer should, in consequence" and substituting "an officer should, because".

76. Section 76p of the Principal Act is repealed and the following section is substituted:

Unattachment of Senior Executive Service officers
"76p. (1) Where an authorised medical practitioner has recommended that an officer should, because of physical or mental incapacity, be redeployed to perform other duties or retired from the Service, the Board may, by instrument in writing, declare that the officer shall, on a specified day, become an unattached officer and, if the Board does so, the office held by the officer becomes vacant on that day.
"(2) As soon as practicable after a declaration is made under sub-section (1) in respect of an officer, a copy of the instrument of declaration shall be given to the officer.".

Repeal of section 76q
77. Section 76q of the Principal Act is repealed.

78. After Division 8b of Part III of the Principal Act the following Division is inserted:

"Division 8c—Redeployment and retirement of officers other than Secretaries of Departments and Senior Executive Service officers

Interpretation
"76s. (1) In this Division, unless the contrary intention appears—
     'Appeal Committee' means a Redeployment and Retirement Appeal Committee constituted under Subdivision D of Division 2 of Part II of the Merit Protection Act;
     'continuing employee' has