39Constitution of Council

#### 39 Constitution of Council 39 Constitution of Council > > (1) Subject to this Act, on the relevant day— > > > > > (a) a person holding office under former section 9 (2) ceases to hold that office, and > > > > > (b) a person holding office under former section 9 (4) or (6) is taken to be appointed as a member under new section 9 (1) (b) or (c), respectively, for the balance of the person’s term of office, and > > > > > (c) a person holding office under former section 9 (5) (a), (b), (c), (d) or (e) is taken to be elected as a member under new section 9 (1) (d), (e), (f), (g) or (h), respectively, for the balance of the person’s term of office. > > > (2) The Council is to make all necessary by-laws and take all necessary steps to ensure, as far as possible, that the Council is duly constituted under new section 9 as soon as is reasonably practicable after the relevant day. > > > (3) For the purposes of making the by-laws referred to in subclause (2), the Council must be constituted so as to include all of the members required to be appointed under new section 9 (1) (b). > > > (4) The Council is taken to be properly constituted until such time as it is constituted in accordance with new section 9. > > > (5) A casual vacancy occurring in the office of a member before the Council is duly constituted under new section 9 is to be filled as follows— > > > > > (a) if the vacancy occurs in the office of a member appointed under new section 9 (1) (b), the Minister is to appoint a person whom the Minister considers appropriate, > > > > > (b) if the vacancy occurs in the office of a member appointed under new section 9 (1) (c), the Council is to appoint a person whom the Council considers appropriate, > > > > > (c) if the vacancy occurs in the office of a member elected under new section 9 (1) (d) or (e), the Council is to appoint a person qualified to hold that office, > > > > > (d) if the vacancy occurs in the office of a member elected under new section 9 (1) (f) or (g), the Council is to appoint a person qualified to hold that office following consultation with the relevant student body or bodies recognised by the Council, > > > > > (e) if the vacancy occurs in the office of a member elected under new section 9 (1) (h), the Council is to appoint a person qualified to hold that office following consultation with the alumni association or body for the University. > > > (6) Subject to this Act, a member appointed under subclause (5) holds office from the time that person is appointed under that subclause until the expiry of the term of that member’s predecessor. > > > (7) Subject to this Act, if, on the expiry— > > > > > (a) of a member’s term of office that is continued under subclause (1) (b) or (c), or > > > > > (b) in the case of a member appointed under subclause (5), of the term of office of the member’s predecessor, > > > > the by-laws necessary to enable a person to be duly appointed or elected (as the case may be) to that office under new section 9 are not yet in force, the member may continue to hold that office until such time as a person is so duly appointed or elected. > > > (8) For the purposes of subclause (1), a member filling a casual vacancy and holding office immediately before the relevant day is taken to hold that office immediately before the relevant day under the provision under which the member’s predecessor was elected or appointed. > > > (9) A person who ceases to hold office under subclause (1) (a)— > > > > > (a) is not entitled to any remuneration or compensation because of loss of that office, and > > > > > (b) is eligible (subject to this Act and if otherwise qualified) to be appointed as a member.