47Powers of appointment imply certain incidental powers

#### 47 Powers of appointment imply certain incidental powers 47 Powers of appointment imply certain incidental powers > > (1) If an Act or instrument confers a power on any person or body to appoint a person to an office— > > > > > (a) the power may be exercised from time to time, as occasion requires, and > > > > > (b) the power includes— > > > > > > > (i) power to remove or suspend, at any time, a person so appointed, > > > > > > > (ii) power to appoint some other person to act in the office of a person so removed or suspended, > > > > > > > (iii) power to appoint a person to act in a vacant office, whether or not the office has ever been filled, and > > > > > > > (iv) power to appoint a person to act in the office of a person who is absent from that office, whether because of illness or otherwise. > > > (2) The power to remove or suspend a person under subsection (1) (b) may be exercised even if the Act or instrument under which the person was appointed provides that a holder of the office to which the person was appointed shall hold office for a specified period of time. > > > (3) The power to make an appointment under subsection (1) (b) may be exercised— > > > > > (a) as occasion requires, > > > > > (b) in anticipation of a particular event, so as to provide that the appointment shall take effect when that event occurs, or > > > > > (c) in anticipation of a particular state of affairs, so as to provide that the appointment shall have effect while that state of affairs exists.