Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p69
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 175618–178292

shall be deemed to be retired from the Service on—
        (iii) the day on which the appeal is determined or the appeal is withdrawn, as the case may be; or
        (iv) the day specified in the notice,
    whichever is the later.
"(9) The power conferred on the Board by paragraph (6) (a) is in addition to, and not in substitution for, the power conferred on the Board by sub-section 50 (11).
"(10) This section applies in relation to a person who becomes a Senior Executive Service officer under sub-section 76f (1a) as if paragraph (3) (a), sub-section (6) and paragraphs (7) (c) and (8) (b) were omitted and as if ', in consequence of physical or mental incapacity of the officer,' were inserted in paragraph (1) (a) after 'is satisfied that'.

Appeal to Appeal Tribunal
"76m. (1) A Senior Executive Service officer who is declared under sub-section 76k (1) to be eligible for redeployment may appeal, within the period prescribed by the regulations for the purposes of this sub-section, to an Appeal Tribunal against the making of the declaration.
"(2) Where an officer appeals to an Appeal Tribunal under sub-section (1) against the making of a declaration under sub-section 76k (1), an Appeal Tribunal shall hear and determine the appeal and may—
     (a) confirm the declaration; or
     (b) revoke the declaration.
"(3) A Senior Executive Service officer to whom notice under sub-section 76l (3) has been given may appeal, within the period prescribed by the regulations for the purposes of this sub-section, to an Appeal Tribunal against the giving of the notice.
"(4) Where an officer appeals to an Appeal Tribunal under sub-section (3) against the giving of a notice under sub-section 76l (3), an Appeal Tribunal shall hear and determine the appeal and may—
     (a) confirm the notice; or
     (b) revoke the notice.

Retirement with consent of officer on grounds of invalidity
"76n. (1) Where the Board is satisfied that a declared officer should, in consequence of physical or mental incapacity, be retired from the Service, the Board may, with the consent of the officer, retire the officer from the Service on a day to be specified by the Board.
"(2) Where an officer is retired under sub-section (1), the day as from which he is retired may, with the consent of the officer, be a day that is earlier than the day on which the action to retire him was taken.

Senior Executive Service officers recommended for retirement on medical grounds may be declared unattached
"76p. (1) At any time after a medical practitioner employed in the Department of Health has recommended, in writing, that a declared officer be retired on the ground that he is, by reason