s 34 Delegates, subdelegates and authorised persons deemed to be public servants or public officers
34.—(1) Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, every delegate and subdelegate of the Agency —(a) is deemed to be a public servant for the purposes of the Penal Code 1871 in relation to his or her performance of any function or exercise of any power of the Agency; and (b) is, in relation to his or her administration, assessment, collection and enforcement of payment of —(i) any financial penalty imposed under section 21 or 37 of the Private Education Act 2009; or (ii) any composition sum collected under this Act, section 17 of the Skills Development Levy Act 1979 or section 40 of the Private Education Act 2009, taken to be a public officer for the purposes of the Financial Procedure Act 1966; and section 20 of that Act applies to each of those delegates and subdelegates even though he or she is not or was not employed by the Government. (2) Without affecting sections 20 and 21 of the Public Sector (Governance) Act 2018, every authorised person appointed under section 46(1) or under section 14A(1) of the Skills Development Levy Act 1979 is deemed to be a public servant for the purposes of the Penal Code 1871.