37Delegation by Authority

37 Delegation by Authority

(1) The Authority, by instrument, may delegate to any person any function, power or duty of the Authority conferred or imposed by or under any Act including, subject to this section, this power of delegation.

(2) Subsection (1) does not apply to the delegation of any function or power conferred on the Authority, or duty imposed on the Authority, as a planning authority, responsible authority or referral authority under the Planning and Environment Act 1987 to any person who is not the chief executive officer, chairperson, deputy chairperson, director or member of staff of the Authority, unless the person is a prescribed person.

(3) The following functions, powers and duties must not be delegated under subsection (1) without the approval of the Minister—

(a) any power of the Authority under the Borrowing and Investment Powers Act 1987 in relation to a financial accommodation or financial transaction;

(b) any other prescribed function, power or duty.

(4) A delegate of a function, power or duty under subsection (1) may, subject to any conditions to which the delegation is subject, sub-delegate that function, power or duty to any other person or persons or body if the instrument of delegation authorises its sub-delegation.

(5) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation.