Page:Statute Law Reform Act 2021.pdf/8

8 :(e) by inserting, immediately after the words “the Act or that part” in section 22(b), the words “(or the other Act as amended)”. PART 2 DELEGATION OF MINISTERIAL FUNCTIONS Amendment of Interpretation Act

12. Section 36 of the Interpretation Act (called in this Part the old section) is repealed and the following section (called in this Part the new section) substituted therefor:
 * “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;