Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p75
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 190744–193565

the following definition:
     "'employment' means—
        (a) employment in a full-time capacity; or
        (b) employment in a part-time capacity where—
          (i) the person employed does not also perform duties in the Service;
          (ii) the number of ordinary hours of duty per week applicable to the person in respect of the employment is greater than the number of hours prescribed by the regulations for the purposes of this sub-paragraph; and
          (iii) the employment is not employment of a kind that the Board has declared, in writing, to be non-qualifying part-time employment for the purposes of this sub-paragraph;".

(3) Section 87 of the Principal Act is amended—
     (a) by inserting "section 49b or" before "sub-section 50 (9)" (wherever occurring) in the definition of "promote" in sub-section (1); and
     (b) by inserting "section 49 or" before "sub-section 50 (1)" (wherever occurring) in the definition of "transfer" in sub-section (1).

Office to become vacant in certain circumstances
96. (1) Section 87g of the Principal Act is amended—
     (a) by omitting paragraph (1) (b) and substituting the following paragraph:
        "(b) is promoted or transferred to an office in the Service, but does not commence to perform the duties of that office within the period of 30 days after the promotion or transfer takes effect,";
     (b) by omitting sub-section (2) and substituting the following sub-section:
    "(2) Where an officer to whom this Division applies is promoted or transferred to an office in the Service, the Board may, on application made by the officer before the expiration of the period of 30 days after the promotion or transfer takes effect, 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
     (c) by omitting sub-section (4) and substituting the following sub-section:
    "(4) Where an officer to whom this Division applies is promoted or transferred to an office in the Service and, at the time when the promotion or transfer takes effect, the officer is absent from his eligible public employment for a period of leave of absence granted before that time, the reference in sub-section (1) to the period of 30 days after the promotion or transfer takes effect shall be read as a reference to the period of 30 days after the expiration of the first-mentioned period.".
(2) Section 87g of the Principal Act is amended—
     (a) by inserting in paragraph (1) (b) "or transfer" after "promotion" (wherever occurring);
     (b) by omitting from paragraph (1) (b) ", or the officer is transferred to such an office under section 50, 53, 63f or 63g,";
     (c) by omitting from