125 Delegation of powers by officers of local authority

(1)

Any officer or employee of a local authority may from time to time, by writing under that officer’s or employee’s hand, either generally or particularly, delegate to any other officer or employee of the local authority all or any of the powers exercisable by the first-mentioned officer or employee under this Act, except—

(a)

the power to delegate under this section; and

(b)

any power delegated to that officer or employee by a local authority pursuant to section 124, unless that delegation authorises that officer or employee to delegate that power to other officers or employees pursuant to this section.

(2)

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

(3)

Until a delegation made under this section is revoked, it shall continue in force according to its tenor; and, in the event of the officer or employee by whom any such delegation has been made ceasing to hold office, the delegation shall continue to have effect as if made by the person for the time being holding the office of the officer or employee making the delegation.

(4)

Any delegation under this section may be made to a specified officer or employee, or may be made to the holder for the time being of any specified office.

(5)

Where any officer or employee purports to act pursuant to a delegation made under this section, that officer or employee shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

(6)

Every delegation made under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the officer or employee making the delegation.

Compare: 1974 No 66 s 716; 1979 No 59 s 2; 1987 No 174 s 43