Part 4 — Board Powers and Elections Division 1 Board Powers
95 Appeal of declaration of disqualification
King's Bench and appeals that declaration to the Court of Appeal
remains disqualified until the final determination of the appeal.
(2) If, on the final determination of the appeal, the disqualification
is set aside, the Court of Appeal
(a) shall
(i) reinstate the person as a trustee for any unexpired
portion of the term of office for which the person was
elected,
(ii) require any person who ha s been elected to serve the
balance of that term to vacate the office, and
(iii) require the repayment to the reinstated person of any
honorarium, salary or entitlement that was not paid to
the person during the period of disqualification,
a n d
(b) may order that any money paid to the board pursuant to
section 93(2) be paid back to the trustee together with any
interest.
(3) If, on the final disposition of the appeal, the disqualification is
set aside but the term of office for which the person was elected has
expired, the person shall not be reinstated, but the person is eligible
to be elected at the next general election for the election of trustees
to the board, if otherwise qualified.
2012 cE-0.3 s95;AR 217/2022