s 36 Ability to delegate
36.—(1) The Agency may delegate the performance or exercise of any of its functions or powers, either generally or specially, to any of the following persons by resolution and written notice to the person or persons:(a) a member of the Agency; (b) the Chief Executive, any employee of the Agency or any other person performing duties in the Agency; (c) a committee; (d) a wholly‑owned subsidiary company of the Agency; (e) a person engaged as a contractor by the Agency;[Act 3 of 2023 wef 15/06/2023] (f) a public officer or an officer of a statutory authority.[Act 3 of 2023 wef 15/06/2023] (2) A delegation by the Agency under subsection (1) of the performance or exercise of any of its functions or powers —(a) to a person in subsection (1)(a), (b) or (c) may authorise the delegate to subdelegate the performance or exercise of the function or power to another member, an appropriately qualified employee of the Agency or person performing duties in the Agency (called in this Act a subdelegate); or (b) to a person in subsection (1)(d) or (e) may authorise the delegate to subdelegate the performance or exercise of the function or power to an appropriately qualified employee of that delegate (also called in this Act a subdelegate), but subject to the same restrictions, and with the same effect, as if the subdelegate is the delegate. (3) Subsections (1) and (2) do not apply to any power under this Act or any other Act administered by the Agency that is declared by that Act to be non‑delegable. (4) Subject to section 34(3)(b), a delegation or subdelegation in accordance with this Act is not affected by any change in the membership of the Agency or of any committee or by any change in the Chief Executive or employee. (5) In this section —(a) a reference to a wholly‑owned subsidiary company of the Agency includes a company limited by guarantee the sole member of which is the Agency; and (b) a reference to a person performing duties in the Agency includes a person performing duties in the Agency under a contract, or under an arrangement making available temporarily to the Agency the services of public officers (or secondment).