87PApplication for re‑instatement as person to whom Division applies

##### 87P Application for re‑instatement as person to whom Division applies (1) Where: (a) a person: (i) has, on a day, ceased to be a person to whom this Division applies by reason of his employment in a public office or by a public authority having been terminated on the ground that he has been found by a Court to have committed a criminal offence (being a finding that has subsequently been nullified); and (ii) is engaged in eligible public employment; or (b) a person: (i) has, on a day, ceased to be a person to whom this Division applies by reason of the termination of his employment in a public office or by a public authority; (ii) is engaged in employment in that office, or in an office that is equivalent to, or as nearly as possible equivalent to, that office, or any employment of that authority, as the case may be; and (iii) became so engaged in circumstances similar to the circumstances in which a person may be re‑appointed to the Service under section 63G; this section applies to the person. (2) A person to whom this section applies may, subject to subsection (3), make application to the Board for re‑instatement as a person to whom this Division applies. (3) A person to whom this section applies is not entitled to make an application under subsection (2) if he has attained the age of 65 years. (4) An application under subsection (2): (a) shall be in writing; (b) in the case of an application made by an applicant in relation to whom the finding of a court has been nullified: (i) shall be made within the period of 30 days, or within such further period as the Board allows, after the day on which the finding of the court was nullified; (ii) shall set out particulars of the criminal offence to which the finding related; and (iii) shall contain a statement whether the applicant has made an application under subsection 87N(1) in connexion with the finding; and (c) in the case of an application made by an applicant who has become engaged in employment in circumstances similar to the circumstances in which a person may be re‑appointed to the Service under section 63G: (i) shall be made within the period of 30 days, or within such further period as the Board allows, after the day on which he became so engaged in the employment; and (ii) shall contain a brief statement of the circumstances in which he ceased, or last ceased, to be a person to whom this Division applies. (5) The Board shall refer an application made to it under subsection (2) to a Re‑appointment Review Committee. (6) Where a person who has made an application under subsection (2) attains the age of 65 years before a determination is made under subsection (7) in respect of the application, the application lapses upon his attaining that age. (7) The Re‑appointment Review Committee to which an application under subsection (2) is referred shall inquire into the application and: (a) if it is satisfied that it is, in all the circumstances, reasonable that this Division should apply in relation to the applicant—determine that the applicant shall be deemed not to have ceased, on the day referred to in subparagraph (1)(a)(i) or (1)(b)(i), as the case may be, to be a person to whom this Division applies; and (b) if it is not so satisfied—dismiss the application. (8) A determination of a Re‑appointment Review Committee under this section shall be reduced to writing and copies of the determination shall be furnished to the Board and to the applicant.