Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p50
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 126564–129355

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 52 for permission to decline the promotion and the Board notifies the officer, on a day that is later than the prescribed day in respect of the promotion, of its refusal to grant such permission,
      the promotion takes effect—
          (iii) in a case to which sub-paragraph (i) applies but sub-paragraph (ii) does not apply—on the day on which the appeal is disallowed or becomes inoperative, or the latest day on which any of the appeals is disallowed or becomes inoperative, as the case may be;
          (iv) in a case to which sub-paragraph (ii) applies but sub-paragraph (i) does not apply—on the day on which the Board notifies the officer of its refusal to grant the officer permission to decline the promotion; or
          (v) in a case to which both sub-paragraph (i) and sub-paragraph (ii) apply—on the day on which—
              (a) the appeal is disallowed or becomes inoperative, or the latest day on which any of the appeals is disallowed or becomes inoperative, as the case may be; or
              (b) the Board notifies the officer of its refusal to grant the officer permission to decline the promotion,
         whichever is the later.

    "(2) Where an officer is promoted under section 50da, the following provisions have effect:
        (a) if 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 the officer applies under section 52 for permission to decline the promotion and the Board notifies the officer, on a day that is later than the prescribed day in respect of the promotion, of its refusal to grant such permission—on the day on which the Board notifies the officer of its refusal to grant the officer permission to decline the promotion.";
     (b) by inserting in sub-section (4) "or 50da" after "section 50";
     (c) by omitting from sub-section (6) "Notwithstanding" and substituting "Subject to sub-section (7) but notwithstanding";
     (d) by omitting from sub-section (6) "or 50d" and substituting ", 50d or 50da"; and
     (e) by adding at the end thereof the following sub-section:
    "(7) Where an officer is promoted to more than one office of equal classification and but for this sub-section the promotions would, in accordance with the preceding provisions of this section, take effect