Institutional Burials Act 2022

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Director of Authorised Intervention

9. (1) A relevant Minister shall, as soon as practicable but in any event no later than 6 months after the date of a Government order under section 7 (1), by order establish an Office of Director and the order shall specify—

(a) the period of time for which the office shall continue in operation (in this section referred to as the “initial period”), and

(b) a title, by reference to the principal burial land or the institution associated with that land, by which the Director shall be called and known.

(2) A relevant Minister may by order extend, for such period or further periods as he or she considers appropriate, the period of time for which an office established under subsection (1) shall continue in operation—

(a) in the case of the first period of extension, before the expiry of the initial period, and

(b) in the case of a second or subsequent period of extension, before the expiry of the period of time specified in the most recent order made under this subsection.

(3) A Director shall be a corporation sole and—

(a) notwithstanding any casual vacancy in the office from time to time, shall have perpetual succession and an official seal, and

(b) the Schedule shall have effect in relation to the Director.

(4) Subject to subsection (5), section 11 (3) and section 20 , on or after the making of an order under subsection (1) ,the relevant Minister shall, with the consent of the Minister for Public Expenditure and Reform, appoint a person to be a Director for such period not exceeding the initial period, and upon and subject to such terms and conditions (including terms and conditions in relation to remuneration, allowances and superannuation), as may be determined by the relevant Minister with the consent of the Minister for Public Expenditure and Reform.

(5) A period of appointment under subsection (4) may, with the consent of the Director concerned, be extended and the period of extension shall not exceed the initial period or, if the period of operation of the Office stands extended or further extended by order under subsection (2), that period as so extended or further extended.

(6) Where a relevant Minister makes an order under section 98 (2) in relation to an office—

(a) the Office shall cease to be in operation on the day appointed as the dissolution day in that order, and

(b) the appointment of a Director under subsection (4) or extension of such appointment under subsection (5) shall also cease on that day.

(7) A Director shall perform the functions conferred on him or her by or under this Act and shall be assisted in the performance of those functions by members of staff of the Director.

(8) A Director may designate in writing a member of staff of the Director to perform the functions of the Director in his or her absence or, where the position of Director is vacant, the relevant Minister may so designate in writing, and the member so designated shall, during the period of such absence or vacancy, perform those functions and a reference in this Act to a Director, in so far as it relates to those functions, shall be taken to include a reference to the member so designated during any such period.

(9) A Director shall be responsible to the relevant Minister for the performance of his or her functions.

(10) Where a Director resigns, is removed from office or ceases to hold office in accordance with section 11 , the relevant Minister may, in the same manner and subject to the same conditions as the Director who occasioned the vacancy was appointed, appoint a person to be the Director to fill that vacancy.