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Provisions in regard to officers of existing board.
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22.—(1) A scheme (in this section referred to as “the scheme”) making provision in the case of every officer of the existing board for the continuance or discontinuance of his service on and after the appointed day shall be prepared not later than two months before the appointed day by the existing board, and the existing board shall transmit the scheme when so prepared to the Minister and shall notify every such officer of the proposals relating to him contained in the scheme.
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(2) The scheme shall provide in respect of every officer to which it relates either—
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(a) for the continuance of such officer in the service of the board of health of one of the new districts, either in the office he held immediately before the appointed day or in an analogous office with analogous duties, or
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(b) for the appointment of such officer according to law and with his consent to an office in the service of the board of health of a new district or in the service of the Council, or
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(c) for the removal of such officer from office.
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(3) Where by the scheme an officer is continued in an office in the service of the board of health of a new district or is appointed to an office in the service of any such board or in the service of the Council and the whole of his time is not occupied by the duties of such office, such officer may also, subject to the provisions of the next preceding sub-section of this section, be continued in or appointed to another office or to other offices in the service of such board or in the service of any other board of health of a new district or in the service of the Council, and the scheme may make provision accordingly.
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(4) Every dispute as to whether an office is analogous to another office, or as to whether the duties of an office are analogous to the duties of another office, or whether the whole of an officer's time is occupied within the meaning of this section by the duties of an office, shall be determined by the Minister whose decision thereon shall be final.
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(5) Any officer of the existing board may, not later than one month before the appointed day, notify the Minister that he objects to the proposals relating to him contained in the scheme.
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(6) The Minister shall, before the appointed day, confirm the scheme, with such (if any) alterations (whether by addition, omission or variation) as he may think fit to make therein.
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(7) The scheme as confirmed by the Minister under this section shall have effect on and from the appointed day, and accordingly every officer to whom the scheme relates shall be either continued in or appointed to an office or removed from office in accordance with the proposals in the scheme as so confirmed.
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(8) Every officer who is removed from office in pursuance of this section shall, for the purposes of the enactments relating to superannuation and to compensation for loss of office, be deemed before the appointed day to have been removed from office by the existing board and after the appointed day to have been removed from office by the council for (in each case) a cause other than misconduct or incapacity.
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