87GOffice to become vacant in certain circumstances

##### 87G Office to become vacant in certain circumstances (1) Subject to this section, where: (a) an officer to whom this Division applies was, immediately before he became such an officer, the holder of an office in the Service; or (b) is promoted or transferred to an office in the Service, but does not commence to perform the duties of that office within the period of 30 days after the promotion or transfer takes effect; the office becomes vacant upon his becoming such an officer or upon the expiration of that period, as the case may be, and the officer thereupon becomes an unattached officer. (2) Where an officer to whom this Division applies is promoted or transferred to an office in the Service, the Board may, on application made by the officer before the expiration of the period of 30 days after the promotion or transfer takes effect, determine that subsection (1) shall have effect in relation to the promotion or transfer as if the reference in that subsection to a period of 30 days were a reference to such longer period as is specified in the determination. (3) An application under subsection (2) shall be: (a) in writing; (b) addressed to the Secretary of the Department in which the office is included; and (c) lodged at, or sent by post to, any office of the Department. (4) Where: (a) an officer to whom this Division applies is promoted or transferred to an office in the Service; and (b) at the time when the promotion or transfer takes effect, the officer is absent from his eligible public employment for a period on leave of absence granted before that time; the reference in subsection (1) to the period of 30 days after the day on which the promotion or transfer takes effect shall be read as a reference to the period of 30 days after the expiration of the first‑mentioned period.