Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

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Delegation of functions under section 77(1) of Minister

219. (1) The Minister may by order delegate to the Commissioners any or all of the Minister’s functions under section 77 (1).

(2) Where a delegation is made under subsection (1)—

(a) a function delegated by the delegation shall be performed by the Commissioners in their own name but subject to the general superintendence and control of the Minister,

(b) subject to paragraph (a) and subsection (3), the delegation shall operate, so long as it continues in force, to confer on and vest in the Commissioners each function delegated by the delegation,

(c) a function delegated by the delegation shall be performed by the Commissioners subject to any conditions stated in the order concerned under this section,

(d) any obligation or liability undertaken by the Commissioners consequent upon the performance by the Commissioners of a function to which the delegation relates shall be of the same force and effect as if the obligation or liability, as the case may be, had been undertaken by the Minister,

(e) a function of the Minister delegated by the delegation shall, notwithstanding the delegation, continue to be vested in the Minister but shall be so vested concurrently with the Commissioners so as to be capable of being performed by either the Minister or the Commissioners,

(f) the delegation shall not remove or derogate from the responsibility of the Minister to Dáil Éireann or as a member of the Government for the performance of the functions of the Minister thereby delegated, and

(g) the Commissioners shall, by virtue of this paragraph and notwithstanding any other enactment, have the power to perform each function delegated by the delegation in accordance with any conditions stated in the order concerned under this section.

(3) The Minister may by order amend or revoke an order under this section including an order under this subsection.