Delegation and contracting out
35.—(1) The functions of the Department under Articles 18 to 30 may be exercised by, or by the employees of, such person as the Department may authorise for the purpose (an “authorised person”).
(2) An authorisation given by virtue of this Article may authorise the exercise of a function—
(a)wholly or to a limited extent;
(b)generally or in particular cases or areas;
(c)unconditionally or subject to conditions.
(3) An authorisation under this Article—
(a)may specify its duration;
(b)may be varied or revoked at any time by the Department;
(c)does not prevent the Department or another person from exercising the function to which the authorisation relates.
(4) Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Department or (as the case may be) an officer of the Department.
(5) Paragraph (4) does not apply—
(a)for the purposes of so much of any contract made between the authorised person and the Department as relates to the exercise of the function, or
(b)for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of that person).
(6) Where—
(a)the authorisation of an authorised person is revoked, and
(b)at the time of the revocation so much of any contract made between the authorised person and the Department as relates to the exercise of the function is subsisting,
the authorised person is entitled to treat the contract as repudiated by the Department (and not as frustrated by reason of the revocation).
(7) This Article applies in relation to the functions exercisable by the Department for Employment and Learning by virtue of Article 34 as it applies in relation to the functions of the Department mentioned in paragraph (1); and references to the Department in paragraphs (1) to (6) are to be construed accordingly.