Civil Service Regulation (Amendment) Act 2005

Amendment of section 16 (Unauthorised absences from duty) of Principal Act.

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11.—Section 16 of the Principal Act is amended by substituting the following subsections for subsection (2):

“(2) A period when a civil servant refuses to carry out the duties of his grade shall as respects the civil servant concerned be considered to be a period of unauthorised absence from duty.

(3) If any question arises in relation to the application of subsection (1) or (2) as to whether—

( a) a particular period of absence from duty of a civil servant is a period of unauthorised absence from duty, or

( b) a particular action taken by a civil servant constitutes a refusal to carry out the duties of his grade, or

( c) a refusal by a civil servant to perform a particular duty constitutes a refusal to carry out the duties of his grade,

the question shall be determined by the appropriate authority.”.