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Contents (1987 - 15)
Interpretation Act 1987 No 15
Current version for 15 September 2015 to date (accessed 18 November 2017 at 23:05)
Part 7
Part 7 Exercise of statutory functions
46   Appointments may be made by name or by office
(1)  If an Act or instrument confers a power on any person or body:
(a)  to appoint a person to an office,
(b)  to appoint a person or body to exercise a function, or
(c)  to appoint a person or body to do any other thing,
the person or body may make the appointment by appointing a person or body by name or by appointing a particular officer or the holder of a particular office by reference to the title of the office concerned.
(2)  Any appointment of a particular officer or the holder of a particular office shall be taken to be the appointment of the person for the time being occupying or acting in the office concerned.
47   Powers of appointment imply certain incidental powers
(1)  If an Act or instrument confers a power on any person or body to appoint a person to an office:
(a)  the power may be exercised from time to time, as occasion requires, and
(b)  the power includes:
(i)  power to remove or suspend, at any time, a person so appointed,
(ii)  power to appoint some other person to act in the office of a person so removed or suspended,
(iii)  power to appoint a person to act in a vacant office, whether or not the office has ever been filled, and
(iv)  power to appoint a person to act in the office of a person who is absent from that office, whether because of illness or otherwise.
(2)  The power to remove or suspend a person under subsection (1) (b) may be exercised even if the Act or instrument under which the person was appointed provides that a holder of the office to which the person was appointed shall hold office for a specified period of time.
(3)  The power to make an appointment under subsection (1) (b) may be exercised:
(a)  as occasion requires,
(b)  in anticipation of a particular event, so as to provide that the appointment shall take effect when that event occurs, or
(c)  in anticipation of a particular state of affairs, so as to provide that the appointment shall have effect while that state of affairs exists.
48   Exercise of statutory functions
(1)  If an Act or instrument confers or imposes a function on any person or body, the function may be exercised (or, in the case of a duty, shall be performed) from time to time as occasion requires.
(2)  If an Act or instrument confers or imposes a function on a particular officer or the holder of a particular office, the function may be exercised (or, in the case of a duty, shall be performed) by the person for the time being occupying or acting in the office concerned.
49   Delegation of functions
(1)  If an Act or instrument confers a power on any person or body to delegate a function, the person or body may, in accordance with the Act or instrument, delegate the function to a person or body by name or to a particular officer or the holder of a particular office by reference to the title of the office concerned.
(2)  A delegation:
(a)  may be general or limited,
(b)  shall be in, or be evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for that purpose, and
(c)  may be revoked, wholly or partly, by the delegator.
(3)  A delegated function may be exercised only in accordance with any conditions to which the delegation is subject.
(4)  A delegate may, in the exercise of a delegated function, exercise any other function that is incidental to the delegated function.
(5)  A delegated function that purports to have been exercised by a delegate shall, until the contrary is proved, be taken to have been duly exercised by the delegate.
(6)  A delegated function that is duly exercised by a delegate shall be taken to have been exercised by the delegator.
(7)  If:
(a)  the exercise of a function by a person or body is, by virtue of an Act or instrument, dependent on the opinion, belief or state of mind of the person or body in relation to any matter, and
(b)  the person or body has delegated the function to some other person or body,
the function may be exercised by the delegate on the opinion, belief or state of mind of the delegate in relation to any such matter.
(8)  If a function is delegated by or to a particular officer or the holder of a particular office:
(a)  the delegation does not cease to have effect merely because the person who was the particular officer or the holder of the particular office when the function was delegated ceases to be that officer or the holder of that office, and
(b)  the person for the time being occupying or acting in the office concerned is taken to be the delegator or delegate (as the case requires).
(9)  A function that has been delegated may, notwithstanding the delegation, be exercised by the delegator.
(10)  This section applies to a sub-delegation of a function in the same way as it applies to a delegation of a function, but only in so far as the Act or instrument that authorises the delegation of the function also authorises the sub-delegation of the function.