Delegation
28 Delegation
The Information Commissioner may delegate to a member of staff any power or duty of the Information Commissioner, other than —
the power of delegation under this subsection; and
any power or duty that cannot be delegated because of the Privacy and Responsible Information Sharing Act 2024 section 143 or the Freedom of Information Act 1992 section 97C.
The Information Access Deputy Commissioner may delegate to a member of staff any power or duty of the Information Access Deputy Commissioner, other than —
the power of delegation under this subsection; and
any power or duty that cannot be delegated because of the Freedom of Information Act 1992 section 97C.
The Privacy Deputy Commissioner may delegate to a member of staff any power or duty of the Privacy Deputy Commissioner, other than —
the power of delegation under this subsection; and
any power or duty that cannot be delegated because of the Privacy and Responsible Information Sharing Act 2024 section 143.
A delegation under this section must be in writing signed by the person making the delegation.
A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
A person exercising or performing a power or duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.
Nothing in this section limits the ability of the Information Commissioner, Information Access Deputy Commissioner or Privacy Deputy Commissioner to perform a function through an officer or agent.
This Act’s bill:Explanatory memorandumSecond reading speech
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