87DCessation of leave without pay

##### 87D Cessation of leave without pay (1) Subject to subsections (6) and (7), where an officer (other than an officer to whom section 87V, 87Y 87Z, or 87ZA applies) who is employed by a public authority: (a) has been continuously employed by that authority, or by that authority and another public authority or other public authorities in succession, for the relevant period; and (b) was, throughout the relevant period, an officer to whom this Division applies; he ceases to be an officer at the expiration of the relevant period. (3) The Board may, by instrument in writing, fix a period, being a period in excess of 3 years, in respect of officers included in a specified class of officers for the purposes of this section. (4) The Board may, on application made by an officer (either before or after he has been continuously employed, as set out in paragraph (1)(a), for a period of 3 years, or for such longer period (if any) as is applicable to him under subsection (3)), by instrument in writing, fix a specified period, being a period in excess of 3 years, or of the period so applicable to him, as the case may be, in respect of the officer for the purposes of this section if it is satisfied that there are special reasons justifying it in doing so. (5) For the purposes of subsection (1), the relevant period in respect of an officer is: (a) in the case of an officer included in a class of officers in respect of whom a period has been fixed under subsection (3)—the period so fixed or the period (if any) fixed in respect of the officer under subsection (4), whichever is the longer period; or (b) in the case of any other officer: (i) if a period has been fixed in respect of the officer under subsection (4)—the period so fixed; or (ii) in any other case—the period of 3 years. (6) Where an officer makes application under subsection (4) before the date on which he would, unless a period were fixed under that subsection in respect of him, cease to be an officer but the Board does not make a decision in respect of the application before that date, notwithstanding subsection (1), he ceases to be an officer on the date on which the Board makes a decision in respect of the application unless the Board, by that decision, fixes a period in respect of him for the purposes of this section. (7) Where the Board, on application made by a person after the date on which he would, but for this subsection, have ceased to be an officer, makes a decision fixing a period in respect of him for the purposes of this section, subsection (1) applies, and shall be deemed at all times to have applied, in relation to him as if the decision had been made immediately before that date. (8) An application to the Board under this section shall be in writing signed by the officer and shall set out the reasons for the application.