Policing, Security and Community Safety Act 2024
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Delegation of functions of Garda Commissioner | ||
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39. (1) Subject to subsection (2) and such limitations, restrictions or conditions as may be contained in regulations (if any) under section 254 (1)(n), the Garda Commissioner may, in writing, delegate any of his or her functions to members of garda personnel specified in the delegation— | ||
(a) in the case of members who are members of An Garda Síochána, by rank or name, and | ||
(b) in the case of members who are members of garda staff, by grade, position, name or otherwise. | ||
(2) Where a delegation under this section relates to the performance of a function assigned to the Garda Commissioner by or under any enactment, other than this Act, the Garda Commissioner shall not exercise the power under this section to delegate the function without the prior consent of the Minister in writing in relation to that function. | ||
(3) A delegation under this section may— | ||
(a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter, | ||
(b) be made subject to conditions or restrictions, and | ||
(c) be revoked or varied by the Garda Commissioner at any time. | ||
(4) The delegation of a function under this section does not preclude the Garda Commissioner from performing the function. | ||
(5) Where the Garda Commissioner’s functions are delegated to a person under this section, any references to the Garda Commissioner shall be construed as references to that person. | ||
(6) An act or thing done by a person pursuant to a delegation under this section has the same force and effect as if done by the Garda Commissioner. | ||
(7) A delegation under this section shall not cease to have effect by reason only of a change in the person lawfully acting as, or performing the functions of, the Garda Commissioner. |