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Performance of duties of office by deputy.
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38.—(1) Where the appropriate Minister is of opinion that, on account of special circumstances, the duties of a particular office cannot or should not be performed during a particular period by the holder of the office in person, the appropriate Minister may by order authorise the holder to perform the duties of the office by deputy during that period.
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(2) An order under subsection (1) of this section shall not remain in force for a longer period than six months but may be replaced by a further order or orders if the appropriate Minister is satisfied that the special circumstances continue to exist.
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(3) Where an order is made under this section authorising the holder of an office to perform the duties of the office by deputy during any period, the duties shall be performed during that period by a deputy nominated by the holder with the approval of the appropriate Minister.
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(4) Before approving under subsection (3) of this section of the nomination of a deputy, the appropriate Minister shall satisfy himself that the deputy possesses the qualifications (if any) required for holders of the office in question and the knowledge and ability to discharge those duties properly.
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(5) The appropriate Minister may withdraw an approval given under subsection (3) of this section and thereupon the nomination which was the subject of the approval shall terminate.
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(6) Where the making of any order, the giving of any certificate, approval or sanction or the doing of any other act by the holder of an office is required for the purposes of any enactment or order, such order, certificate, approval, sanction or act, when made, given or done by a deputy nominated under subsection (3) of this section during a period when the holder is authorised by an order under this section to perform the duties of the office by deputy, shall be as valid for all purposes as if it had been made, given or done by the holder in person.
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