INTERPRETATION ACT 1987 - SECT 47
Powers of appointment imply certain incidental powers
INTERPRETATION ACT 1987 - SECT 47
Powers of appointment imply certain incidental powers
47 Powers of appointment imply certain incidental powers
(1) If an Act or instrument confers a power on any person or body to appoint a
person to an office--
(a) the power may be exercised from time to time, as
occasion requires, and
(b) the power includes--
(i) power to remove or
suspend, at any time, a person so appointed,
(ii) power to appoint some other
person to act in the office of a person so removed or suspended,
(iii) power
to appoint a person to act in a vacant office, whether or not the office has
ever been filled, and
(iv) power to appoint a person to act in the office of
a person who is absent from that office, whether because of illness or
otherwise.
(2) The power to remove or suspend a person under subsection (1)
(b) may be exercised even if the Act or instrument under which the person was
appointed provides that a holder of the office to which the person was
appointed shall hold office for a specified period of time.
(3) The power to
make an appointment under subsection (1) (b) may be exercised--
(a) as
occasion requires,
(b) in anticipation of a particular event, so as to
provide that the appointment shall take effect when that event occurs, or
(c)
in anticipation of a particular state of affairs, so as to provide that the
appointment shall have effect while that state of affairs exists.
