Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

153.

Delegation of functions of governor of prison or place of detention or Director of children detention school under this Act

153. (1) The governor of a prison or a place of detention may, in writing, delegate any of his or her functions under this Act to a prison officer of the prison or the place of detention, as the case may be, specified by grade, name or otherwise.

(2) The Director of a children detention school may, in writing, delegate any of his or her functions under this Act to a member of the staff of the school specified by grade, name or otherwise.

(3) A delegation under this section may—

(a) relate to the performance of a function either generally or in a particular case or class of case or in respect of a particular matter,

(b) be made subject to conditions or restrictions, and

(c) be revoked or varied by the governor of a prison or a place of detention or the Director of a children detention school, as the case may be, at any time.

(4) The delegation of a function under this section does not preclude the governor of a prison or a place of detention or the Director of a children detention school, as the case may be, from performing the function.

(5) Where the functions of the governor of a prison or a place of detention or the Director of a children detention school under a provision of this Act are delegated to a person, any references in that provision to the governor of a prison or a place of detention or the Director of a children detention school, as the case may be, shall be construed as references to that person.

(6) An act or thing done by a person pursuant to a delegation under this section has the same force and effect as if done by the governor of the prison or place of detention or the Director of the children detention school, as the case may be, concerned.

(7) The Director of a children detention school shall inform the board of management of the school of a delegation under this section but, if he or she does not do so, it shall not affect the validity of the delegation or of any act or thing done pursuant to it.

(8) In this section “board of management”, in relation to a children detention school, shall be construed in accordance with section 164 of the Act of 2001.