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PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 19

Delegation by Secretary

    (1)     The Secretary by instrument may delegate to—

        (a)     any employee or class of employees employed under Part 3 of the Public Administration Act 2004 ; or

        (b)     any public authority or the chief executive officer (however described) of any public authority; or

        (c)     any Council or officer of a Council

any power, duty or function of the Secretary under this or any other Act or under the regulations under this or any other Act, other than this power of delegation or the power conferred by section 50.

    (2)     Despite subsection (1), any power, duty or function delegated to a person under paragraph (b) of that subsection may be sub-delegated by that person to an officer or employee of that person.

    (3)     A delegation under subsection (1) may be made—

        (a)     in relation to a person or class of persons specified in the instrument of delegation; or

        (b)     in relation to the holder, or the holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.

    (4)     Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by subsection (2) in the same way as they apply to a delegation.

    (5)             The Secretary by instrument may delegate the power conferred on the Secretary by section 50 to a person who is—

        (a)     an executive within the meaning of section 4(1) of the Public Administration Act 2004 ; or

        (b)     a prescribed senior officer.

S. 19A inserted by No. 29/2010 s. 5.



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