sec.25Powers of appointment imply certain incidental powers

### sec.25 Powers of appointment imply certain incidental powers If an Act authorises or requires a person or body to appoint a person to an office— the power may be exercised as occasion requires; and the power includes— power to remove or suspend, at any time, a person appointed to the office; and power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and power to reinstate or reappoint a person removed or suspended; and power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise); and the power also includes power to reappoint a person to the office if the person is eligible to be appointed to the office. The power to remove or suspend a person under subsection (1) (b) may be exercised even if the Act under which the person was appointed provides that the holder of the office to which the person was appointed is to hold office for a specified period. The power to make an appointment under subsection (1) (b) may be exercised as occasion requires. An appointment under subsection (1) (b) may be expressed to have effect only in the circumstances specified in the instrument of appointment. s 25 amd 1971 No. 43 s 2 ; 1991 No. 30 s 3 sch s 1 – 2 sub 1991 No. 97 s 3 sch 1 amd 1992 No. 55 s 163 sch 2 ; 1993 No. 32 s 3 sch 1 (sec.25-ssec.1) If an Act authorises or requires a person or body to appoint a person to an office— the power may be exercised as occasion requires; and the power includes— power to remove or suspend, at any time, a person appointed to the office; and power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and power to reinstate or reappoint a person removed or suspended; and power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise); and the power also includes power to reappoint a person to the office if the person is eligible to be appointed to the office. (sec.25-ssec.2) The power to remove or suspend a person under subsection (1) (b) may be exercised even if the Act under which the person was appointed provides that the holder of the office to which the person was appointed is to hold office for a specified period. (sec.25-ssec.3) The power to make an appointment under subsection (1) (b) may be exercised as occasion requires. (sec.25-ssec.4) An appointment under subsection (1) (b) may be expressed to have effect only in the circumstances specified in the instrument of appointment. - (a) the power may be exercised as occasion requires; and - (b) the power includes— (i) power to remove or suspend, at any time, a person appointed to the office; and (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and (iii) power to reinstate or reappoint a person removed or suspended; and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise); and - (i) power to remove or suspend, at any time, a person appointed to the office; and - (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and - (iii) power to reinstate or reappoint a person removed or suspended; and - (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and - (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise); and - (c) the power also includes power to reappoint a person to the office if the person is eligible to be appointed to the office. - (i) power to remove or suspend, at any time, a person appointed to the office; and - (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and - (iii) power to reinstate or reappoint a person removed or suspended; and - (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and - (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise); and