222 Delegation by council

(1)

The council of an institution may, from time to time, either generally or particularly, by writing signed by at least 2 members of the council, delegate to the chief executive of the institution or to a committee appointed under section 193(3) any of its functions or powers under this Act (except the power to appoint a chief executive) or any other Act.

(2)

Where the council has, pursuant to subsection (1), delegated any functions or powers to the chief executive or a committee, the chief executive or committee may, with the prior approval in writing of the council, by writing signed by the chief executive or by at least 2 of the members of the committee, as the case may be, delegate such of those functions or powers as the council approves to a member of the staff of the institution.

(3)

Subject to any general or special directions given or conditions imposed by the council, the person to whom any functions or powers are delegated under this section may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

(4)

The power of the council to delegate under this section—

(a)

is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the council’s functions or powers; but

(b)

does not limit any power of delegation conferred on the council by any other Act.

(5)

A person purporting to act pursuant to a delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(6)

A delegation under subsection (1) to the chief executive shall,—

(a)

subject to paragraph (b), if the chief executive to whom it was made ceases to hold office, continue to have effect as if made to the chief executive for the time being; and

(b)

if there is no chief executive for the time being, or if the chief executive is absent from duty, continue to have effect as if made to the person for the time being acting in place of the chief executive.

(7)

A delegation under subsection (1) to a committee shall be deemed to be a delegation to the persons from time to time constituting the committee.

(8)

A delegation under this section to a member of the staff may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.

(9)

A delegation under this section does not affect or prevent the performance of any function or the exercise of any power by the council or affect the responsibility of the council for the actions of any person acting under the delegation.

(10)

A delegation under this section is revocable at will—

(a)

in the case of a delegation under subsection (1), in writing signed by at least 2 members of the council; or

(b)

in the case of a delegation under subsection (2), in writing signed by the chief executive or by at least 2 of the members of the committee, as the case requires,—

and until it is revoked continues in force according to its tenor.

(11)

This section applies to the academic board of an institution (established under section 182(2)) as if—

(a)

it is a committee of the institution’s council; and

(b)

all its powers are powers of the council, conferred on the committee by the council by delegation.

Section 222: inserted, on 1 January 1991, by section 37 of the Education Amendment Act 1990 (1990 No 60).