Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p49
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 124067–126805

gives advice with respect to the filling of that vacancy, a member of the Committee ceases to take part in the deliberations of the Committee, the Committee shall be reconstituted by the remaining 2 members and another member appointed or nominated in accordance with sub-section (5).
"(10) Where a Committee is reconstituted pursuant to sub-section (9), the Committee as reconstituted may 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.
"(11) For the purposes of giving advice to a Secretary with respect to the filling of a vacancy under this section, where the members of the Committee do not concur in advice—
     (a) if a majority of the members concur in the advice—the advice of the majority shall be deemed to be the advice of the Committee; and
     (b) in any other case—the advice of the Chairman of the Committee shall be deemed to be the advice of the Committee.
"(12) Advice of a Joint Selection Committee shall not be called in question by reason of a defect or an irregularity in connection with the nomination of a member of the Committee.".

Transfer or promotion on advice of Joint Selection Committee
45. Section 50da of the Principal Act is amended by omitting from paragraph (5) (a) "Board" and substituting "Merit Protection and Review Agency".

Day on which promotion takes effect, &c.
46. Section 50e of the Principal Act is amended—
     (a) by omitting sub-sections (1) and (2) and substituting the following sub-sections:
    "(1) Where an officer is promoted under section 50, the following provisions have effect:
        (a) if—
          (i) no appeal is made under section 50b against the promotion of the officer or an appeal is, or appeals are, made under section 50b against the promotion, but the appeal, or each of the appeals, is disallowed or becomes inoperative not later than the prescribed day in respect of the appeal; and
          (ii) the officer does not apply under section 52 for permission to decline the promotion or the officer applies for such permission but the Board notifies the officer, not later than the prescribed day in respect of the promotion, of its refusal to grant such permission,
      the promotion takes effect on the prescribed day in respect of the promotion;
        (b) if—
          (i) an appeal is, or appeals are, made under section 50b against the promotion and the appeal, or each of the appeals, is disallowed or becomes inoperative but the day on which the appeal or one of the appeals is disallowed or becomes inoperative is later than the prescribed day in respect of the promotion; or
          (ii) the officer applies under section