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Public Service Act - Public Service (Participation in Elections) Directions

LAWS OF TUVALU
2008 Revised Edition

PUBLIC SERVICE (PARTICIPATION IN ELECTIONS) DIRECTIONS

CAP. 4.24.4

Arrangement of Directions

Direction

1 Citation
2 Notice of intention to stand in election
3 Effect of notice
4 Resignation and pension
5 Entitlement on reappointment
6 Unpaid leave not to count as pensionable

SCHEDULE

NOTICE OF INTENTION TO STAND IN AN ELECTION

Supporting Documents
ENDNOTES

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PUBLIC SERVICE (PARTICIPATION IN ELECTIONS) DIRECTIONS

MADE UNDER SECTION 14 OF THE PUBLIC SERVICE ACT¹

Commencement [13th April1981]

1 Citation

These Directions may be cited as the Public Service (Participation in Elections) Directions.

2 Notice of intention to stand in election

(i) A public officer including a probationary officer or one on contract shall, before he signs any nomination paper to state that he is willing to stand in any election to Parliament, inform the Secretary to Government by notice in writing in the form set out in the Schedule to these Directions of his intention to stand.

(ii) Any notice under paragraph (i) of this Direction shall operate as notice of resignation of the public office held by the officer which will only come into effect in the event of that officer's name appearing in any list of candidates published under the provisions of section 11 of the Electoral Provisions (Parliament) Act2 or if no list is published in the event of the officer being declared to be elected under the provisions of section 13 of that Act.

(iii) No notice under paragraph (i) of this Direction shall be delivered to the Secretary to Government before a notice of election has been given in accordance with the provisions of section 7(i) of the Electoral Provisions (Parliament) Act.

3 Effect of notice

(i) In the event of a public officer giving notice under the provisions of Direction 2(i) then that officer shall immediately be granted leave. If that officer has any vacation leave due then he shall be regarded as being on vacation leave until his entitlement to leave is exhausted. If the entitlement to vacation leave (if any) is exhausted then the officer shall continue on unpaid leave.

(ii) Any public officer on leave in accordance with paragraph (i) of this Direction shall remain on leave until —

• (a) his resignation takes effect in accordance with the provisions of Direction 2(ii) of these Directions; or

• (b) the Secretary to Government receives notice from the officer and is satisfied that the officer has not been nominated in any election.
  

4 Resignation and pension

A permanent officer who has had not less that 5 years service with the Government (including service with the Colonial service of the Colony of Tuvalu or the Gilbert and Ellice Islands Colony) shall, in the event of a resignation taking effect under the provision of these Directions, have any pension entitlement frozen until such time as the officer may reach retirement age; to the effect that in the event of that officer being appointed again to an office in the public service he will be able to have his former pensionable service taken into account for pension purposes.

5 Entitlement on reappointment

In the event of any officer being reappointed to public office after he has resigned in accordance with these Directions then that officer shall be entitled to have any period of service that affected the officer's seniority immediately before his said resignation taken into account in calculating that officer's seniority after his said appointment but discounting any period between the resignation and the reappointment.

6 Unpaid leave not to count as pensionable

Any unpaid leave taken in accordance with Direction 3 shall not count as pensionable service but shall not be regarded as a break in his pensionable service.

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SCHEDULE
(Direction 2)

NOTICE OF INTENTION TO STAND IN AN ELECTION

To: The Secretary to Government

I,.................................................of........................................ holder of the public office of,........................................................... HEREBY GIVE NOTICE THAT I intend, if nominated, to stand in the election to be held in the electoral district of ......................................................... on the.......... day of..................................20 ...........
I am aware that in accordance with the provisions of the Public Service (Participation in Elections) Directions that in the event of being nominated this notice will take effect as a resignation of my position as a public officer.

I am also aware that the effect of this notice is that I will be regarded as being immediately on leave until such time as the resignation takes effect or until it becomes clear that I am not nominated as a candidate.

Dated this ............................day of ....................................................................20 .........

(SIGNATURE) .......................................................

(FULL NAME) ......................................................

ENDNOTES
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1 LN 6/1981
2 Cap. 4.04