Defence Act 1954

Promotion of men to higher non-commissioned rank and reduction in rank of non-commissioned officers.

84

84. (1) The Minister or any officer authorised by him in that behalf may promote—

( a) any man holding a non-commissioned army rank to a higher substantive non-commissioned army rank,

( b) any man holding a non-commissioned naval rank to a higher substantive non-commissioned naval rank.

(2) The Minister or any officer authorised by him in that behalf may for a prescribed reason reduce—

( a) a non-commissioned officer holding a substantive non-commissioned army rank to a lower substantive non-commissioned army rank,

( b) a non-commissioned officer holding a substantive non-commissioned naval rank to a lower substantive non-commissioned naval rank.

(3) ( a) A non-commissioned officer shall not be reduced in rank under subsection (2) of this section unless and until the reason for the proposed reduction has been communicated to him and such non-commissioned officer has been given a reasonable opportunity of making such representation as he may think proper in relation to the proposed reduction.

( b) Paragraph ( a) of this subsection shall not apply during a period of emergency or in respect of a non-commissioned officer who is on active service.

(4) The Minister or any officer authorised by him in that behalf may promote—

( a) any man holding a substantive non-commissioned army rank or an acting non-commissioned army rank to a higher acting non-commissioned army rank,

( b) any man holding a substantive non-commissioned naval rank or an acting non-commissioned naval rank to a higher acting non-commissioned naval rank.

(5) The Minister or any officer authorised by him in that behalf may direct that—

( a) a non-commissioned officer holding an acting non-commissioned army rank shall revert to his substantive non-commissioned army rank or to an acting non-commissioned army rank higher than his substantive non-commissioned army rank,

( b) a non-commissioned officer holding an acting non-commissioned naval rank shall revert to his substantive non-commissioned naval rank or to an acting non-commissioned naval rank higher than his substantive non-commissioned naval rank.

(6) The following—

( a) any promotion under subsection (1) or (4) of this section,

( b) any reduction under subsection (2) of this section,

( c) any reversion under subsection (5) of this section,

shall take effect as from such date as the authority making the promotion or reduction or directing the reversion shall fix.