10Substitute to act during absence of certain Commissioners

10 Substitute to act during absence of certain Commissioners

(1)  [Section 10 Subsection (1) amended by No. 104 of 2000, s. 6, Applied:01 Jan 2001] *[Section 10 Subsection (1) amended by No. 59 of 1992, s. 7 ]*Where the Deputy President is unable to act in his office, whether on account of illness or for any other cause, the Governor may appoint another Commissioner to act in that office for the period that the Deputy President is unable to so act.

(2)  Subject to subsections (3) and (6) , where a Commissioner, other than the President or the Deputy President, is unable to act in his office, whether on account of illness or for any other cause, the Governor may appoint a person who has the experience and qualifications prescribed by section 5 (4) to act in that office for the period that that Commissioner is unable to act.

(3)  The Minister shall, before a person is appointed under subsection (2) to act in the office of a Commissioner, consult officers of such associations or organizations as he considers appropriate with regard to the proposed appointment.

(4)  The Deputy President shall, for the purposes of subsection (1) , be deemed to be unable to act in his office if he is acting in the office of the President pursuant to section 15 (4) .

(5)  A Commissioner shall, for the purposes of subsection (2) , be deemed to be unable to act in his office if there is a vacancy in that office which has not been filled.

(6)  [Section 10 Subsection (6) omitted by No. 42 of 2012, s. 38, Applied:04 Feb 2013] .  .  .  .  .  .  .  .  

(7)  Subject to subsection (8) , the provisions of sections 6 (3) and (4) , 9 , and 12 apply to a person appointed under subsection (2) as if he were a Commissioner.

(8)  *[Section 10 Subsection (8) amended by No. 59 of 1992, s. 7 ]*Notwithstanding the provisions of , as applied by , a person who holds –