(1) A Merit Protection Board must, subject to and in accordance with the regulations, inquire into and determine the claims of an applicant under section 2.4.51 or 2.4.54 and those of the employee provisionally transferred or promoted.
(2) If a Merit Protection Board makes an order that a provisional transfer or promotion may be confirmed the Secretary must confirm the provisional transfer or promotion.
(3) If no application for review is lodged within 14 days after the publication of the provisional appointment the Secretary must confirm the provisional transfer or promotion.
(4) An employee is not entitled to apply for a review of any provisional transfer or promotion to a position if he or she is not qualified for the position.
(5) An employee is not entitled to apply for a review in respect of any provisional transfer or promotion to a position if—
(a) in the case where notice of the vacancy was given, he or she did not apply to be transferred or promoted to the vacant position; or
(b) he or she did not lodge a notice of application for review in the prescribed manner or within the time specified in subsection (3)—
unless a Merit Protection Board determines that the failure should be excused in respect of that employee.