53Transfers and promotions to specified offices may be made in accordance with order of passing examinations

##### 53 Transfers and promotions to specified offices may be made in accordance with order of passing examinations (1) Where: (a) in circumstances specified in a notification under paragraph 33A(1)(e) in relation to a class of offices, there is a vacancy in an office or offices included in that class; and (b) an examination is specified in a notification under paragraph 33A(1)(da) in relation to that class of offices; then, if the Secretary of the Department in which the vacant office exists or the vacant offices exist: (c) if only one officer has passed the examination and is otherwise eligible for transfer or promotion to that office—transfers or promotes that officer to that office or to one of those offices; or (d) if 2 or more officers have passed the examination and are otherwise eligible for transfer or promotion to that office or those offices—transfers or promotes those officers to that office or those offices in accordance with the order of merit in which they passed the examination; the transfer or promotion, or each of the transfers or promotions, shall be deemed not to have been made under section 50 but to have been made under this section. (1A) For the purposes of subsection (1): (a) an officer who holds a part‑time office shall be taken not to be eligible for transfer or promotion to a full‑time office; and (b) an officer who holds a full‑time office shall be taken not to be eligible for transfer or promotion to a part‑time office. (3) The promotion of an officer to an office under this section takes effect on the day on which the promotion is made, and salary at the rate applicable to that office is payable to the officer on and from that day. (4) In this section: (a) examination includes a test; and (b) a reference to passing an examination includes a reference to completing satisfactorily any task required to be performed for the purposes of assessment.