S.L. const.5 Art. 26Withholding of appointments pending the submission and resolution of petitions.

(1) Subject to sub-regulation (2), appointments to vacant posts shall be withheld until -

(a) the period allowed for the submission of petitions under regulation 24 expires; and

(b) the Commission takes a final decision with respect to any petitions that may be submitted.

(2) The Commission may take action for or permit a vacancy to be filled notwithstanding sub-regulation (1) if -

(a) it is necessary in the public interest to fill the vacancy without delay; or

(b) redress can be provided, in the event that the Commission upholds a petition made by an applicant, within a reasonable time notwithstanding that the vacancy has been filled.

(3) Where an appointment is withheld for a time in accordance with sub-regulation (1), the Commission may recommend or authorise a retroactive appointment if the Commission considers that such a retroactive appointment is necessary on grounds of equity:

Provided that a public officer shall not, by virtue of this sub-regulation, be entitled to payment for work which he did not perform.