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ACTS INTERPRETATION ACT 1931 - SECT 23B Temporary appointments to vacancies on boards, &c.

ACTS INTERPRETATION ACT 1931 - SECT 23B

Temporary appointments to vacancies on boards, &c.

(1)  Where –
(a) by or under an Act, there is established, constituted, or appointed any board, commission, committee, or other body of persons (whether incorporated or unincorporated) consisting of or including any members to whose appointment nomination by any person or election by any persons is a condition precedent; and
(b) it becomes necessary for any reason to replace a member of the board, commission, committee, or body and it appears to the Governor that it is not practicable for a nomination or an election to be made or held within a reasonable time –
the Governor may, by proclamation setting out the circumstances requiring action, appoint some person to hold office as a member of the board, commission, committee, or body until the vacancy can be regularly filled; but, where the nomination or election is required to be made by a body of persons having a general committee, committee of management, executive committee, or other like institution that can conveniently be consulted, the Governor shall, if it is reasonably practicable so to do, obtain the assent of that committee or institution to the appointment.
(2)  No proclamation under this section shall be questioned in any court except by an order of review made under the Judicial Review Act 2000 ; and if on the hearing of the information judgment of ouster is given, all the acts of the person ousted purporting to be done by virtue of his appointment before the date of judgment shall, notwithstanding the judgment of ouster, be deemed to be as valid for all purposes as if he had been lawfully appointed to the board, commission, committee, or body of persons.