87YProvisions relating to certain officers on leave under section 71 and engaged in prescribed employment

##### 87Y Provisions relating to certain officers on leave under section 71 and engaged in prescribed employment (1) This section applies to an officer who: (a) on the commencing day, is engaged in prescribed employment; and (b) on the day immediately preceding the commencing day, was: (i) engaged in prescribed employment; and (ii) absent from the Service on leave of absence granted under section 71, in respect of a period ending on or after the commencing day, for the purpose of enabling him to engage in that employment. (2) An officer to whom this section applies shall: (a) if he has, at the expiration of the day immediately preceding the commencing day, been continuously engaged in prescribed employment for a period of not less than 3 years and has throughout that period, been absent from the Service on leave of absence granted under section 71, be deemed to have ceased to be an officer at the expiration of that day; or (b) in any other case—be deemed to have ceased to be absent from the Service on leave of absence granted under section 71 at the expiration of the day immediately preceding the commencing day. (3) If an officer to whom this section applies who is not deemed, by reason of subsection (2), to have ceased to be an officer at the expiration of the day immediately preceding the commencing day is employed by a public authority, or by 2 or more public authorities in succession, for a continuous period equal to the relevant period, being a period commencing on the commencing day, he ceases to be an officer at the expiration of that continuous period. (4) For the purposes of subsection (3), the relevant period, in relation to an officer to whom this section applies, is the period ascertained by subtracting from 3 years a period equal to the continuous period that ended on the day immediately preceding the commencing day during which the officer was employed as an officer or employee in the service of a Commission and was absent from the Service on leave of absence granted under section 71 for the purpose of enabling him to become so employed. (5) Where a person ceases to be an officer under subsection (3), the Board shall cause notice in writing of the cessation to be given to the person and to be given to the public authority by which he is employed, or, if he is to be taken to be employed by a public authority by virtue of the operation of subsection 87(2), (3) or (4), to such other person as the Board considers appropriate.