40Exercise of powers and performance of duties

40 Exercise of powers and performance of duties Unless the contrary intention appears, where an Act or subordinate instrument confers a power or imposes a duty, the power may be exercised and the duty shall be performed— (a) from time to time as occasion requires; and (b) if conferred or imposed on the holder of an office or position as such, by the person for the time being holding, acting in or performing the duties of the office or position. S. 41 substituted by No. 84/1997 s. 51.