17Delegation

17 Delegation (1) The Secretary may, by instrument, delegate to any employee or class of employees any function or power of the Secretary under this Act or the regulations, except— (a) the power to make an authorisation under section 18; and (b) the power to make an authorisation under section 19, 215(3)(c), 597(3) or 597(4); and S. 17(1)(c) repealed by No. 48/2006 s. 5(1)(a), new s. 17(1)(c) inserted by No. 29/2014 s. 5(1). (c) the power to approve under section 72P(3) a period of seclusion of more than 24 hours; and (d) the power to make an authorisation under section 195; and S. 17(1)(e) repealed by No. 57/2015 s. 5. (f) the power to approve under section 488(3) a period of isolation of more than 24 hours; and S. 17(1)(fa) inserted by No. 48/2006 s. 5(1)(b). (fa) the power to approve under section 488K a change of name application; and S. 17(1)(fb) inserted by No. 25/2019 s. 21. (fb) the power to approve under section 488Q the making of an acknowledgement of sex application; and (g) this power of delegation. (2) The Secretary may, by instrument, delegate to an executive within the meaning of the **Public Administration Act 2004** the power to make authorisations under section 19, 597(3) or 597(4). S. 17(3) repealed by No. 48/2006 s. 5(2), new s. 17(3) inserted by No. 17/2023 s. 6. (3) The Secretary may, by instrument, delegate to an executive within the meaning of the **Public Administration Act 2004** the power to make an authorisation under section 18. S. 17(4) amended by No. 29/2014 s. 5(2), substituted by No. 21/2015 s. 3(Sch. 1 item 9). (4) The Secretary may, by instrument, delegate to an executive within the meaning of the **Public Administration Act 2004** who is employed at the level of EO-2 or above— (a) the power to approve under section 72P(3) a period of seclusion of more than 24 hours; and (b) the power to approve under section 488(3) a period of isolation of more than 24 hours. S. 17(5) inserted by No. 29/2010 s. 15. (5) The Secretary may, by instrument, delegate to any employee or class of employees any power of the Secretary (other than a power of delegation) under any other Act or under regulations made under any other Act. S. 17(6) inserted by No. 37/2021 s. 351. (6) Without limiting this section, the Secretary may, by instrument, delegate any function or power of the Secretary under this Act or the regulations, other than a power set out in subsection (1)(a) to (g), to— (a) the Social Services Regulator established under section 4 of the **Social Services Regulation Act 2021**; or (b) a person employed or engaged by the Social Services Regulator. S. 18 amended by Nos 57/2015 s. 6, 30/2019 s. 4, substituted by No. 17/2023 s. 7.