HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 11

HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 11

11 .         Delegation by Council

        (1)         The Council may by resolution, either generally or as otherwise provided in the resolution, delegate to —

            (a)         a member; or

            (b)         a committee; or

            (c)         the CEO; or

            (d)         a public authority who or which —

                  (i)         under any written law carries out any duty or administration or exercises any power in the State in relation to a function appropriate to the requirements of the Council; and

                  (ii)         is approved by the Minister to act in that capacity on behalf of the Council,

                or, subject to subsection (2)(a), a member or officer of that public authority; or

            (e)         subject to the approval of the Minister, some other person engaged in the administration or enforcement of this Act,

                any function vested in the Council, other than the function of advising the CEO on disciplinary matters.

        (2)         Where a delegation under subsection (1) is given otherwise than to a member or a committee, the powers delegated shall not be exercisable until —

            (a)         where the delegation is to a member or officer of a public authority, the Council has satisfied the CEO that the delegate has sufficient knowledge and experience to give effect to the objects of this Act; and

            (b)         a notice, giving sufficient particulars to describe the function delegated and to identify the person who is to be the delegate, has been published in the Gazette .

        (3)         A resolution delegating a function of the Council may, if the Minister approves, authorise the delegate to further delegate to any other person any function, or any power or duty, referred to in the resolution, and the provisions of section 59 of the Interpretation Act 1984 shall apply to and in relation to any such further delegation as they apply to a delegation.

        (4)         Where a person is authorised under subsection (1) or subsection (3) to perform a function of the Council as a delegate, the performance of that function by the delegate is deemed to be performance of the function by the Council.

        [Section 11 amended: No. 28 of 2006 s. 270.]