37Dissolution or reconstitution of Board on death etc of member

37 Dissolution or reconstitution of Board on death etc of member

multi‑member Board means a Board of Inquiry appointed by an instrument that specifies the names of 3 or more persons who are to constitute the Board.

non‑Presidential member means a member of a Board of Inquiry other than the President.

2 member Board means a Board of Inquiry appointed by an instrument that specifies the names of 2 persons who are to constitute the Board and includes a multi‑member Board the membership of which is reduced to 2 persons by virtue of a direction referred to in paragraph (5) (a) or subparagraph
(6) (a) (ii).

(2) Where: (a) a member of a Board of Inquiry ceases to be a member of the Board while the inquiry by the Board is suspended; (b) a member of a 2 member Board ceases to be a member of the Board before the Board completes its inquiry and the other member of the Board is not the President; or (c) a member of a multi‑member Board ceases to be a member of the Board before the Board completes its inquiry and the other members of the Board do not include the President; the Board shall be deemed to have been dissolved under subregulation 67 (3). (3) Where a member of a 2 member Board ceases to be a member of the Board before the Board completes its inquiry and the other member is the President: (a) the appointing authority may, by instrument, appoint a person to be a member of the Board; and (b) the inquiry by the Board is suspended until the appointing authority so appoints or the Board is dissolved, or deemed to be dissolved, under subregulation 67 (3). (4) Where the President of a 2 member Board ceases to be a member of the Board before the Board completes its inquiry: (a) the appointing authority may, by instrument, appoint the other member to be the President and, in the same instrument, appoint a person to be a member of the Board; and (b) the inquiry by the Board is suspended until the appointing authority makes those appointments or the Board is dissolved, or deemed to be dissolved, under subregulation 67 (3). (5) Where a non‑Presidential member of a multi‑member Board ceases to be a member of the Board before the Board completes its inquiry and the other members of the Board include the President: (a) the appointing authority may, by instrument, appoint a person to be a member of the Board or direct the Board to continue the inquiry constituted with its remaining members; and (b) the inquiry by the Board is suspended until the appointing authority so appoints or directs or the Board is dissolved, or deemed to be dissolved, under subregulation 67 (3). (6) Where the President of a multi‑member Board ceases to be a member of the Board before the Board completes its inquiry: (a) the appointing authority may, by instrument: (i) appoint a member to be the President and, in the same instrument, appoint a person to be a member of the Board; or (ii) appoint a member to be the President and direct that person and the other members to constitute the Board for the purpose of continuing the inquiry; and (b) the inquiry by the Board is suspended until the appointing authority so appoints a member to be the President or the Board is dissolved, or deemed to be dissolved, under subregulation 67 (3).