161.—(1) The Director shall perform his or her functions subject to such policies as may be determined from time to time by the Board and shall be answerable to the Board for the efficient and effective management of the Board and for the due performance of his or her functions.

(2) The Director may delegate any of his or her functions to a member of staff of the Board (other than functions that have been delegated to the Director subject to a condition that they are not to be sub-delegated), and the member of staff shall be accountable to the Director for the performance of the functions so delegated.

F472[(2A) During a period when—

(a) the Director is, by reason of illness or otherwise, unable to perform the functions of Director, or

(b) the office of Director is vacant,

specified functions of the Director may, during that period, at the request of the Board and with the consent of the Minister, be performed by a member of staff of the Board designated to act as the deputy for the Director (in this section referred to as the "Deputy Director").]

(3) Notwithstanding subsection (2), the Director shall at all times remain accountable to the Board for the performance of functions delegated by him or her.

(4) The Director may make proposals to the Board on any matter relating to the activities of the Board.

(5) The Director shall not be a member of the Board or of any committee of the Board, but he or she may, in accordance with procedures established by the Board or a committee, as the case may be, attend meetings of the Board or the committee or both and shall be entitled to speak at and advise such meetings.

F472[(5A) A reference in this Act to the Director, in so far as it relates to a function to be performed by a Deputy Director under subsection (2A), shall include a reference to the Deputy Director designated under that subsection to perform that function.]