S.L. 220.3 Art. 43Effects of reduction in ranks on seniority, promotion, etc.

(1) A warrant officer or non-commissioned officer who is reduced to a lower rank for inefficiency or unsuitability under these

Regulations, shall be placed in the promotion roll in the lower rank according to the date he was originally promoted to that rank. If he has never served in the lower rank before reduction, the Officer-in-Charge Records shall grant the man such seniority in the lower rank as will place him in the zone for promotion to the next higher substantive rank at the expiration of the relevant period specified in sub-regulation (2); and if two or more warrant officers or non-commissioned officers are reduced simultaneously, the Officer-in-Charge Records shall grant seniority in the lower rank so as to maintain their relative seniority.

(2) Warrant officers and non-commissioned officers who are reduced to a lower rank for inefficiency or unsuitability shall not, unless they merit promotion for distinguished service, be eligible for substantive or acting promotion to a higher rank -

(a) if reduced to a rank not below corporal, before the expiration of eighteen months;

(b) if reduced to the rank of lance-corporal before the expiration of twelve months: Provided that if the reduction is to the rank of private, promotion to lance-corporal may be granted under the normal rules at any time.

(3) At the expiration of the time limits specified in sub-regulation (2), the man may be promoted to the next higher rank under the normal rules, or he may be promoted to the next higher substantive rank, if he is recommended and is qualified, provided that -

(a) where such promotion is granted by selection to fill a vacancy, a vacancy exists in the rank quota for the higher rank; or

(b) where such promotion is dependent wholly on time, the promotion is authorised by the Officer-in-Charge Records.

(4) A man promoted to the acting or to the substantive rank of lance-corporal under sub-regulation (2) shall not be further promoted before the expiration of twelve months of his reduction to the rank of private.

(5) A warrant officer or non-commissioned officer holding an appointment which carries a minimum rank who is reduced for inefficiency or unsuitability to a rank below the minimum for the appointment shall be deprived of such appointment and, in accordance with instructions of the Officer-in-Charge Records, shall either be returned to the roll appropriate to his original trade or be re-classified in a trade on a roll appropriate to the circumstances of the case. Any such warrant officer or non-commissioned officer shall not be re-appointed before the expiration of eighteen months.

(6) When re-promotion is approved, seniority will reckon from the date of such substantive promotion and shall in no case confer any retrospective financial advantage.

(7) Further promotion which may follow any initial promotion after reduction in a rank may be granted under the normal rules, subject to the provisions of sub-regulation (3); and where such further promotion is granted the following rules as to seniority shall apply -

(a) in the case of men on vacancy promotion, seniority in the new rank shall reckon from the latest date of substantive promotion to that rank;

(b) in the case of men on time promotion, only service rendered after the date on which the man was reduced in rank will count as service reckonable for promotion: Provided that, individual cases may be considered jointly by the Officer-in-Charge Records and the man’s commanding officer at the time, and if the circumstances so justify the commanding officer may recommend to the Commander such re-grant of seniority as is thought fit, so however that the seniority so re-granted shall not be greater than that which the man would have held but for his reduction in rank.