53APromotion of officers who complete courses of training for special positions

53A Promotion of officers who complete courses of training for special positions

(1) The Board may, by notice in writing published in the Gazette, determine that:

(a) a specified office (in this section referred to as a training office) is an office the occupant of which is required to undergo a course of training for the purpose of enabling him to perform duties that require professional, technical or other knowledge; and

(b) an officer who has completed that course of training to the satisfaction of the Board is entitled to occupy an office (in this section referred to as the relevant higher office) having a classification that is specified in the notice.

(2) If an officer is transferred or promoted under section 50 to a training office other than a training office that is an office of the Parliament within the meaning of section 9, another officer:

(a) who holds an office the classification of which is not higher than the classification of the relevant higher office; or

(b) who, being an unattached officer, performs duties in respect of which there is payable to him a salary that is, or the maximum rate of which is, not higher than the salary or the maximum rate of salary applicable to the relevant higher office;

may appeal against the transfer or promotion of that first‑mentioned officer to the training office. (3) An appeal referred to in subsection (2) shall be made under section 50B and, for all purposes of that appeal:

(a) in a case where the appeal is an appeal against the transfer of an officer to a training office:

(i) references in this Act to the promotion of that officer shall be read as references to the transfer of that officer to the training office;

(ii) references in this Act to the cancellation of the promotion of that officer shall, in a case where, immediately before that officer was transferred to the training office, he occupied another office, be read as references to the transfer of that officer back to that other office; and

(iii) references in this Act to the cancellation of the promotion of that officer shall, in a case where, immediately before that officer was transferred to the training office, he was an unattached officer performing specified duties in a Department, be read as a reference to that officer’s being deemed again to have become an unattached officer and to his being required to perform those duties in that Department; and

(b) in a case where the appeal is an appeal by an officer in relation to whom it would constitute a transfer for him to occupy the training office—references in this Act to promotion of that officer, shall be read as references to the transfer of that officer to the training office.

(4) Subject to subsection (4A), where there is a vacancy in an office that is, in relation to a training office, a relevant higher office, the Secretary of the Department in which the relevant higher office exists shall: