MINISTERS (DELEGATION OF FUNCTIONS) ACT (delegationoffunctions)

MINISTERS (DELEGATION OF FUNCTIONS)

CHAPTER 324

MINISTERS (DELEGATION OF FUNCTIONS) ACT

To enable Ministers to delegate functions of their office to

Parliamentary Secretaries.

(20th May, 1988) *

Enacted by ACT XVI of 1988.

This Act may be cited as the Ministers (Delegation of

Functions) Act.

In this Act, unless the context otherwise requires -

"functions" includes powers and duties;

"law" means an Act of Parliament or other Act passed by the

Legislature of Malta or an Ordinance;

"Minister" means the holder of an office under article 80 of the

Constitution.

(1) A Minister may delegate to a Parliamentary Secretary

assisting him in the performance of his duties, any functions which

in virtue of his office are conferred on him by or under any law.

(2) A delegation of functions under this article shall be without

prejudice to the exercise of those functions by the Minister.

(3) The power so delegated to make orders, rules or regulations

shall, unless the contrary intention appears, be construed as

including a power to revoke, amend or vary orders, rules or

regulations.

Every delegation of functions and any addition to, or

amendment, variation, substitution or rescission of such delegation

shall be made in writing under the hand of the Minister, and notice

thereof shall be published in the Gazette.

A Parliamentary Secretary may sue or be sued in respect of

any functions delegated to him under this Act, and may continue

any legal proceedings commenced in respect of those functions

before the date when the delegation is made.

*See Government Notice No. 370 of the 20th May, 1988.