4When does a person make a decision?

4 When does a person make a decision? (1) For the purposes of this Act or an enabling enactment, a person makes a decision if the person— (a) makes, suspends, revokes or refuses to make a decision, order, determination or assessment (including a decision not to make a decision, order, determination or assessment); (b) gives, suspends, revokes or refuses to give a certificate, direction, approval, consent or permission; (c) issues, suspends, revokes or refuses to issue a licence, authority or other instrument; (d) imposes a condition or restriction; (e) amends or varies any of the things referred to in paragraph (a), (b), (c) or (d); (f) makes a declaration, demand, direction or requirement; (g) retains or refuses to deliver up an article; (h) does or refuses to do any other act or thing. (2) For the purposes of this Act or an enabling enactment— (a) a decision is made under an enactment if it is made in the exercise or purported exercise of a function conferred or imposed by or under that enactment; (b) a decision that purports to be made under an enactment is deemed to be a decision made under that enactment even if the decision was beyond the power of the decision-maker; (c) a refusal by a decision-maker to make a decision under an enactment because the decision-maker considers that the decision cannot lawfully be made is deemed to be a decision made under that enactment to refuse to make the decision; (d) a failure by a decision-maker to make a decision under an enactment within the period specified by that enactment is deemed to be a decision by the decision-maker at the end of that period to refuse to make the decision. (3) If a person who made a decision by reason of holding or performing the duties of an office or appointment or a position in the public service ceases to hold or perform the duties of that office, appointment or position— (a) the person for the time being holding or performing the duties of that office, appointment or position is deemed to be the decision-maker in respect of that decision; or (b) if there is no such person, or if the office or position no longer exists, a person specified by the President is deemed to be the decision-maker in respect of that decision.