§ 20G — Assignment of function or power to public body

20G.—(1) The Minister may assign any of his or her functions and powers under this Division to any public body.[Act 37 of 2022 wef 01/01/2024]

(2) Where the public body is not one for which the Minister is the responsible Minister, the Minister must consult the responsible Minister for the public body on the assignment.[Act 37 of 2022 wef 01/01/2024]

(3) An assignment under this section —(a)

must be made by order in the Gazette;

(b)

may be general or limited;

(c)

may be subject to conditions that are consistent with the nature of the assigned function or power;

(d)

may be to 2 or more public bodies at the same time; and

(e)

does not prevent the Minister from carrying out or exercising the assigned function or power.[Act 37 of 2022 wef 01/01/2024]

(4) Upon an assignment being made under this section —(a)

the public body, when carrying out the function or exercising the power assigned to it, is treated as carrying out a function or exercising a power conferred on the public body under the Act that establishes it; and

(b)

the public body must carry out the function or exercise the power assigned to it in accordance with any directions given by the Minister.[Act 37 of 2022 wef 01/01/2024]

(5) A member of the public body who is not from the public sector must not be involved in the carrying out of a function or the exercise of a power assigned to the public body.[Act 37 of 2022 wef 01/01/2024]

(6) The public body must not delegate a function or power assigned to it, to any of its members, or to any other person, who is not from the public sector.[Act 37 of 2022 wef 01/01/2024]

(7) Without affecting any obligation as to secrecy or other restriction against the disclosure of information imposed by any law or contract —(a)

a member of the public body who is from the public sector; or

(b)

a person who has been delegated a function or power assigned to the public body,

that receives or obtains any information for the purposes of this Division, must not disclose or provide access to such information to a member of the public body, or any other person, who is not from the public sector.

[Act 37 of 2022 wef 01/01/2024]

(8) Subsection (7) does not apply to the following information:(a)

information the disclosure of which has been approved by the Minister;

(b)

information relating to a person —(i)

for which consent for disclosure has been obtained from the person; or

(ii)

that is already in the possession of the public body;

(c)

information that is publicly available.[Act 37 of 2022 wef 01/01/2024]

(9) The public body may carry out a function or exercise a power assigned to it despite the absence of a quorum at any meeting of the public body because of subsection (5) or (7), and the absence of a quorum does not affect the validity of anything done by the public body at the meeting.[Act 37 of 2022 wef 01/01/2024]

(10) This section does not permit the assignment of —(a)

any power to make subsidiary legislation; and

(b)

the power of assignment in this section.[Act 37 of 2022 wef 01/01/2024]

—(1) The Minister may assign any of his or her functions and powers under this Division to any public body.[Act 37 of 2022 wef 01/01/2024]

(2) Where the public body is not one for which the Minister is the responsible Minister, the Minister must consult the responsible Minister for the public body on the assignment.[Act 37 of 2022 wef 01/01/2024]

(3) An assignment under this section —(a)

must be made by order in the Gazette;

(b)

may be general or limited;

(c)

may be subject to conditions that are consistent with the nature of the assigned function or power;

(d)

may be to 2 or more public bodies at the same time; and

(e)

does not prevent the Minister from carrying out or exercising the assigned function or power.[Act 37 of 2022 wef 01/01/2024]

(4) Upon an assignment being made under this section —(a)

the public body, when carrying out the function or exercising the power assigned to it, is treated as carrying out a function or exercising a power conferred on the public body under the Act that establishes it; and

(b)

the public body must carry out the function or exercise the power assigned to it in accordance with any directions given by the Minister.[Act 37 of 2022 wef 01/01/2024]

(5) A member of the public body who is not from the public sector must not be involved in the carrying out of a function or the exercise of a power assigned to the public body.[Act 37 of 2022 wef 01/01/2024]

(6) The public body must not delegate a function or power assigned to it, to any of its members, or to any other person, who is not from the public sector.[Act 37 of 2022 wef 01/01/2024]

(7) Without affecting any obligation as to secrecy or other restriction against the disclosure of information imposed by any law or contract —(a)

a member of the public body who is from the public sector; or

(b)

a person who has been delegated a function or power assigned to the public body,

that receives or obtains any information for the purposes of this Division, must not disclose or provide access to such information to a member of the public body, or any other person, who is not from the public sector.

[Act 37 of 2022 wef 01/01/2024]

(8) Subsection (7) does not apply to the following information:(a)

information the disclosure of which has been approved by the Minister;

(b)

information relating to a person —(i)

for which consent for disclosure has been obtained from the person; or

(ii)

that is already in the possession of the public body;

(c)

information that is publicly available.[Act 37 of 2022 wef 01/01/2024]

(9) The public body may carry out a function or exercise a power assigned to it despite the absence of a quorum at any meeting of the public body because of subsection (5) or (7), and the absence of a quorum does not affect the validity of anything done by the public body at the meeting.[Act 37 of 2022 wef 01/01/2024]

(10) This section does not permit the assignment of —(a)

any power to make subsidiary legislation; and

(b)

the power of assignment in this section.[Act 37 of 2022 wef 01/01/2024]