76FRedeployment of unattached Secretaries of Departments

##### 76F Redeployment of unattached Secretaries of Departments (1) Where an unattached Secretary does not hold an office or employment outside the Service having a salary that is, in the opinion of the Board, comparable with that of the office of Secretary last held by the unattached Secretary, the Board shall: (a) take all reasonable steps to: (i) identify relevant offices that are vacant or about to become vacant; and (ii) bring to the attention of the person or body having the power of appointment in relation to each office referred to in subparagraph (i) the availability of the unattached Secretary for appointment, and the qualifications of the unattached Secretary that make him suitable for appointment, to the office; and (b) take all reasonable steps to ensure that appropriate duties are assigned to the unattached Secretary while he remains an unattached Secretary. (1A) Where the Board is satisfied that it is likely that an unattached Secretary referred to in subsection (1) will not be appointed, within a reasonable time, to a relevant office, the Board may: (a) give notice in writing to the unattached Secretary that it intends to redeploy him into the Senior Executive Service as soon as practicable after the expiration of the period of 28 days commencing on the day on which the notice is given to the unattached Secretary; and (b) after the expiration of that period: (i) transfer the unattached Secretary to an office having a classification that is the highest Senior Executive Service classification; or (ii) direct that the unattached Secretary’s classification as an unattached officer be reduced to the classification that is the highest Senior Executive Service classification. (1B) If an unattached Secretary who is given notice under subsection (1A) elects, by notice in writing given to the Board within the period referred to in paragraph (1A)(a), to retire from the Service, the unattached Secretary shall not be redeployed into the Senior Executive Service but shall be deemed for all purposes to have been compulsorily retired from the Service at the expiration of the period referred to in paragraph (1A)(a) or on such earlier day (not being earlier than the day next following the day of the election) as is specified in the notice of election. (2) In this section, unless the contrary intention appears: > relevant office, in relation to an unattached Secretary, means: (a) an office of Secretary (including an office referred to in paragraph (b) of the definition of office of Secretary in subsection 7(1)); or (b) an office or employment outside the Service for which the unattached Secretary is qualified, being an office or employment having a salary that is, in the opinion of the Board, comparable with that of an office of Secretary of equal classification to the office of Secretary last held by the unattached Secretary. > unattached Secretary does not include an unattached Secretary who, immediately before he became an unattached Secretary, held an office of Secretary to or in relation to which section 9 applied.