12Member ceasing to act

12 Member ceasing to act

(1) Where a Promotion Appeal Committee has been constituted for the purposes of an appeal but, before the appeal has been finally determined by the Committee, a member or members of the Committee ceases or cease to be such a member or members or, for any other reason, ceases or cease to take part in consideration of the claims of the respective parties to the appeal proceedings or in the determination of the appeal, the Committee shall be reconstituted by the remaining member or members (if any) and another member or other members appointed or nominated in accordance with subsection 10(1). (2) Where a Promotion Appeal Committee is reconstituted pursuant to subsection (1), the Committee as reconstituted may, subject to subsection (3), have regard to the evidence given, the arguments adduced and the reasons for any decision given during the proceedings before the Committee as previously constituted. (3) Subsection (2) does not apply in relation to a Promotion Appeal Committee that is reconstituted pursuant to subsection (1) unless:

(a) 2 of the members of the Committee as reconstituted were members of the Committee as previously constituted; or

(b) the parties to the appeal proceedings agree that the subsection is to apply.

(4) For the purposes of this section, the parties to particular appeal proceedings are the officer promoted or selected and the appellant or appellants.