Ministers and Secretaries (Amendment) Act 2011

22.

Purported performance of certain functions by Minister.

22.— (1) A function (including a function consisting of the power to make a statutory instrument) of the Minister for Finance performed or purportedly performed by the Minister after the commencement of this Part, shall be deemed to have been validly performed by the Minister for Finance, if, at the time of the performance or purported performance of the function, the Minister believed that the function vested in him or her by virtue of subsection (1) or (4) of section 9 .

(2) Where the Minister performs or purports to perform a function of the Minister for Finance, it shall, in any subsequent proceedings (whether civil or criminal), be presumed, unless the contrary is proved, that at the time of the performance or purported performance of the function the Minister believed that the function vested in him or her by virtue of subsection (1) or (4) of section 9 .

(3) In this section “function” does not include a function of the Minister for Finance to which section 16(3), 17 , 18 , 20 or 21 , or Part 4 applies.