Health Administration Act 1982
21Delegation
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21 Delegation
21 Delegation
(1) The Minister, Health Secretary or Corporation may, by instrument in writing, under seal (in the case of the Corporation), delegate such of their functions (other than this power of delegation) conferred or imposed by or under this or any other Act as are specified in the instrument to any person, and may, by such an instrument, revoke wholly or in part any such delegation.
(2) A delegation under subsection (1) may be made to—
(a) a specified person (whether a natural person or a corporation), or
(b) a person for the time being holding a specified office.
(3) Except in so far as the instrument of delegation otherwise provides, a person to whom a function has been delegated under subsection (1) may—
(a) in the case of a natural person—by writing under the person’s hand, or
(b) in the case of a corporation—by writing under its seal,
authorise another person to exercise the function so delegated, and may, in like manner, revoke wholly or in part any such authority.
(4) An authority under subsection (3) may be given to—
(a) a specified person, or
(b) a person for the time being holding a specified office.
(5) Any act or thing done or suffered in the exercise of a function by a person to whom the function has been delegated under subsection (1) or by a person authorised by the delegate under subsection (3) to exercise the function has the same force and effect as if it had been done or suffered by the Minister, Health Secretary or Corporation, as the case may require, and shall be deemed to have been done or suffered by the Minister, Health Secretary or Corporation, as the case may require.
(6) A delegation under subsection (1) does not prevent the exercise of a function by the Minister, Health Secretary or Corporation, as the case may require.
(7) The giving of an authority under subsection (3) does not prevent the exercise of a function by the person by whom the authority was given.
(8) A document purporting to be signed by a person as a delegate of the Minister, Health Secretary or Corporation shall be deemed, unless the contrary is established, to have been signed by such a delegate and to have been so signed pursuant to the exercise of a function duly delegated to the person under subsection (1).