Page:Human Reproductive Technology Ordinance (Cap. 561).pdf/13

HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE 10. Delegations

(1) Subject to subsection (2), the Council may delegate in writing any of its functions and powers under this Ordinance to any committee, any member of the Council or of a committee or any designated public officer subject to such terms and conditions, if any, as it thinks fit and specified in the delegation.

(2) The Council shall not delegate any of its functions or powers under—
 * (a) subsection (1) or section 5(3), 6(1), 23, 27 or 45(2);
 * (b) any provisions of any regulations made under this Ordinance which are specified in the regulations as provisions which shall not be subject to subsection (1);
 * (c) any provisions of Schedule 1 which are specified in that Schedule as provisions which shall not be subject to subsection (1).

(3) A delegate of the Council—
 * (a) shall perform the delegated functions and may exercise the delegated powers as if the delegate were the Council; and
 * (b) shall be presumed to be acting in accordance with the relevant delegation in the absence of evidence to the contrary.

11. Issue of certificates to authorized persons

(1) The Council shall issue to each authorized person a certificate as evidence that he is an authorized person.

(2) An authorized person shall, if so requested when exercising or attempting to exercise any power conferred on him under this Ordinance, produce the certificate issued to him under subsection (1).

12. Protection of members of Council, etc.

(1) No person to whom this subsection applies, acting in good faith, shall be personally liable in damages for any act done or default made in the performance or purported performance of any function, or the exercise or purported exercise of any power, imposed or conferred on the Council under this Ordinance.

(2) The protection conferred under subsection (1) on any person to whom that subsection applies in respect of any act or default shall not in any way affect the liability of the Council for that act or default.

(3) The persons to whom subsection (1) applies are—
 * (a) any member of the Council or a committee;
 * (b) a designated public officer.