Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Delegation of functions of Board | ||
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220. (1) The Board may by instrument in writing delegate to the Director any or all of the Board’s functions under this Act except section 3 (2), this subsection and subsection (4). | ||
(2) Subject to subsection (3), where a delegation is made under subsection (1)— | ||
(a) a function delegated by the delegation shall be performed by the Director in his or her own name but subject to the general superintendence and control of the Board, | ||
(b) subject to paragraph (a) and subsection (4), the delegation shall operate, so long as it continues in force, to confer on and vest in the Director each function delegated by the delegation, | ||
(c) a function delegated by the delegation shall be performed by the Director subject to any conditions stated in the instrument concerned under this section, | ||
(d) any obligation or liability undertaken by the Director consequent upon the performance by the Director 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 Board, | ||
(e) a function of the Board delegated by the delegation shall, notwithstanding the delegation, continue to be vested in the Board but shall be so vested concurrently with the Director so as to be capable of being performed by either the Board or the Director, and | ||
(f) the Director 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 instrument concerned under this section. | ||
(3) Where a delegation is made under subsection (1) and the instrument concerned under this section expressly so permits, the Director may, by notice in writing, appoint a person to perform a function delegated by the delegation in accordance with such conditions (if any) as are specified in the notice. | ||
(4) The Board may by instrument in writing amend or revoke an instrument under this section made by the Board including an instrument under this subsection. | ||
(5) In this section, “function” includes a function under this Act of the Board as a recipient of information. |