100A   Appointment may be made to position pending vacation of position

(1)  This section applies in relation to:

(a)  a chief executive position or senior executive position (whether or not in the Government Service), or

(b)  any other position in the Government Service.

(2)  If a person who holds any such position (the incumbent officer) notifies the person’s employer in writing that the person:

(a)  intends to resign or retire from the position on a specified date, or

(b)  does not intend to seek re-appointment to the position on completion of the current term of employment,

      the employer may, before the position becomes vacant, take action to recruit and appoint another person (the new officer) to the position.

(3)  The appointment of the new officer may, if the instrument of appointment so provides, take effect before the incumbent officer vacates the position.

(4)  In any such case, the incumbent officer and the new officer:

(a)  both hold the same position, and

(b)  may jointly exercise the functions of the position.

(5)  If in the joint exercise of any statutory function of the position any inconsistency arises in connection with the exercise of that function, the decision of the incumbent officer in relation to the matter prevails.

(6)  In this section:

employer means:

(a)  in the case of a person who is a chief executive officer or senior executive officer—the person’s employer as referred to in section 63 (2), or

(b)  in any other case—the appropriate Division Head.