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.