s 36 Delegation of functions of Minister
36.—(1) Where an Act confers or imposes a function on a Minister (called in this section the responsible Minister), the Minister may delegate the function in accordance with this section. (2) Unless any Act expressly provides otherwise, the function may, with the Prime Minister’s approval, be delegated to any Minister, Minister of State or Parliamentary Secretary assigned by the Prime Minister to assist the responsible Minister. (3) Unless the contrary intention appears in any Act, the function may be delegated to a public body or a public officer. (4) Where a function is delegated under this section —(a) the delegate may or must (as the case may be) exercise the function; and (b) if the Act that created the function provides that the exercise of the function depends on the Minister’s opinion, belief or state of mind, the delegate may exercise the function based on the delegate’s opinion, belief or state of mind. (5) A delegation 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 delegated function; (d) may be to a named person or to the holder of an office; (e) may be to 2 or more persons at the same time; and (f) does not prevent the responsible Minister from personally exercising the delegated function. (6) This section does not permit the delegation of —(a) any power to make subsidiary legislation; and (b) the power of delegation in this section. (7) A function delegated under this section may not be further delegated by the delegate. (8) This section does not affect the operation of any rule of law by which any function conferred or imposed on a Minister may be exercised by another person on behalf of the Minister. (9) In this section —(a) “function” includes power and duty, and the exercise of a function includes the performance of a duty; (b) “public body” has the meaning given by section 2(1) of the Public Sector (Governance) Act 2018 (Act 5 of 2018), and “public officer” includes a person deemed to be a public officer by section 21(1) of that Act; and (c) a reference to an Act does not include any subsidiary legislation made under the Act.[Act 4 of 2021 wef 01/03/2024]