79   Appointment of incumbent officers to senior executive positions

(1988 Act, s 42U)

(1)  When a position becomes a senior executive position, the person (if any) holding the position is to continue to hold that position until the person or some other person is duly appointed to the position.

(2)  While the person continues to hold the position, the conditions of employment (including remuneration) of the person are to be the same as those which applied to the person immediately before the position became a senior executive position.

(3)  The person who continues to hold the position may be appointed to the position without the vacancy being advertised.

(4)  If the person who continues to hold the position is not appointed to the position or to any other executive position, clause 11 of Schedule 4 applies to the person as if he or she had elected to retain a right of return to the public sector.

(5)  This section does not apply to a senior executive position referred to in Part 3 of Schedule 2.