4A Power of Commissioner to delegate


The Commissioner may delegate to any person, either generally or particularly, any of the Commissioner’s functions, duties, and powers (except this power of delegation).


A delegation—


must be in writing; and


may be made subject to any restrictions and conditions that the Commissioner thinks fit; and


is revocable at any time, in writing; and


does not prevent the performance or exercise of a function, duty, or power by the Commissioner.


A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.


A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.


Any reference in this Act or the regulations made under this Act to the Commissioner includes a reference to the delegate in respect of anything delegated to that person.

Section 4A: inserted, on 13 September 2014, by section 249 of the Patents Act 2013 (2013 No 68).