41Power to appoint

41 Power to appoint (1) If an Act or subordinate instrument confers on a person or body (***the appointer***) a power to appoint a person to an office, the power, unless the contrary intention appears, includes a power— S. 41(1)(a) amended by No. 70/2013 s. 3(Sch. 1 item 25(a)). (a) to appoint a person to act in the office— S. 41(1)(a)(i) amended by No. 70/2013 s. 3(Sch. 1 item 25(b)). (i) until a person is appointed to the office; or (ii) during a vacancy in the office; (b) to remove a person appointed to the office; (c) to suspend a person appointed to the office and to appoint another person temporarily in the place of the person so suspended; (d) if the holder of the office is absent or, for any other reason, unable to perform the functions and duties of the office, to appoint a person to act in place of the holder; (e) if the holder of the office is, for any reason, unable to perform a particular function or duty on a particular occasion or in relation to a particular matter, to appoint a person to perform that function or duty on that occasion or in relation to that matter. (2) The following paragraphs apply in relation to an appointment of a person (***the appointee***) made under subsection (1)— (a) the appointer— (i) may determine the terms and conditions of the appointment, including remuneration and allowances (if any); (ii) may terminate the appointment at any time; (b) the appointment ceases to have effect if the appointee resigns in writing delivered to the appointer; (c) while the appointee is acting in the office under subsection (1) (except paragraph (e)), then, subject to the terms and conditions of the appointment— (i) the appointee has and may exercise all the powers, and shall perform all the functions and duties, of the holder of the office; and (ii) this or any other Act applies in relation to the appointment as if the appointee were the holder of the office; (d) while the appointee is appointed to perform a function or duty on a particular occasion or in relation to a particular matter, then, subject to the terms and conditions of the appointment— (i) the appointee has and may exercise all the powers of the holder of the office necessary for performing that function or duty; and (ii) this or any other Act applies in relation to the appointment as if the appointee were the holder of the office. (3) If the power of a person or body to make an appointment to an office is exercisable only on the recommendation, or subject to the approval or consent, of some other person or body, the power to make an appointment to act in the office, or to remove or suspend, is only exercisable on the recommendation, or subject to the approval or consent, of that other person or body, unless the contrary intention appears. (4) Despite the substitution of section 41 of this Act by section 51 of the **Law and Justice Legislation (Further Amendment) Act** **1997**, that section 41, as in force immediately before the commencement of that section 51, continues to apply to and in respect to anything done under that section 41 before that commencement. S. 41AA inserted by No. 84/1997 s. 51. 41AA Acting appointments If a provision of an Act (other than section 41 of this Act) or of a subordinate instrument confers on a person or body (***the appointer***) a power to appoint a person (***the appointee***) to act in a particular office, then, except so far as the Act or subordinate instrument otherwise provides— (a) the appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment or in relation to a particular function or duty or on a particular occasion or in relation to a particular matter; (b) the appointer— (i) may determine the terms and conditions of the appointment, including remuneration and allowances (if any); (ii) may terminate the appointment at any time; (c) if the office is, or becomes, vacant while the appointee is acting, the appointee may, subject to paragraph (a), continue to act until— (i) the appointer otherwise directs; or (ii) a person is appointed to the office or the vacancy is filled— whichever first occurs; (e) the appointment ceases to have effect if the appointee resigns in writing delivered to the appointer; (f) while the appointee is acting in the office, then, subject to the terms and conditions of the appointment— (i) the appointee has and may exercise— (A) all the powers, and shall perform all the functions and duties, of the holder of the office; or (B) all the powers of the holder of the office necessary for performing the particular function or duty for which the appointment is made— as the case requires; and (ii) this or any other Act applies in relation to the appointment as if the appointee were the holder of the office. S. 41A inserted by No. 10214 s. 7.