Worker Participation (State Enterprises) Act, 1977

Vacancy in designated body to be deemed to occur in certain circumstances.

16.—Where, between the making of a declaration under section 12 of this Act by the returning officer or the ascertainment of the result of an election, as may be appropriate, and,

(a) in case the relevant designated body is a company, the day on which the board of the body next meets after such declaration or ascertainment,

(b) in any other case, the day on which the body so next meets, a candidate elected at an election either dies or otherwise ceases to be an employee of the designated body to which the election relates or, by virtue of this Act, becomes disqualified for appointment by the appropriate Minister pursuant to section 15 of this Act, then the following provisions shall apply:

(c) in case since the making of such declaration or ascertainment of such result an appointment has not been made by such Minister pursuant to the said section 15 as regards the candidate, the said section 15 shall not apply in the particular case and accordingly such appointment shall not be made,

(d) in case such an appointment has been made, the appointment shall cease to have effect and accordingly the candidate shall not take up office as a member or director of the relevant designated body on foot of the appointment, and

(e) in either case a vacancy amongst the members or directors of the relevant designated body who may be appointed pursuant to the said section 15 shall be deemed to have occurred on the day next following the day mentioned in paragraph (a) or (b), as may be appropriate, of this section.