| (1) |
The Minister shall designate an officer in the service of the department as executive officer, who shall, subject to the control and directions of the Minister, exercise the powers and perform the duties conferred upon or assigned to the executive officer by or under this Act. |
| (a) |
The executive officer may, unless expressly provided otherwise, in writing delegate or transfer to any officer under his or her control any such power or duty, or in writing authorize or direct any such officer to exercise such power or perform such duty. |
| (b) |
A power exercised or duty performed by an officer other than the executive officer shall be deemed to have been exercised or performed by the executive officer: Provided that the executive officer may at any time amend or withdraw any decision made or order given by such other officer. |
| (a) |
The Minister may, for the purposes of the application of this Act or certain provisions thereof, with regard to a particular product, designate any person, undertaking, body, institution, association or board having particular knowledge in respect of the product concerned, as an assignee in respect of that product. |
[Subsection (3)(a) substituted by section 2 of Act No. 63 of 1998]
| (b) |
An assignee thus designated shall— |
| (i) |
unless expressly provided otherwise and subject to the directions of the executive officer, exercise the powers and perform the duties that are conferred upon or assigned to the executive officer by or under this Act, with regard to the product referred to in paragraph (a); |
| (ii) |
in the case of a juristic person, notwithstanding anything to the contrary contained in any other law or in the absence of any express provision to that effect, be competent to exercise the powers and perform the duties referred to in subparagraph (i); and |
| (iii) |
unless the Minister in a particular case otherwise directs, have no recourse against the State in respect of any expenses incurred in connection with the exercising of such powers or the performance of such duties. |
| (c) |
The chief executive official, chairman or other person in charge of such assignee who is not a natural person— |
| (i) |
shall act on behalf of that assignee in the exercise of the powers concerned and the performance of the duties concerned; and |
| (ii) |
may in writing delegate or transfer to an employee of that assignee any such power or duty which the assignee concerned shall or may exercise or perform by or under this Act, or in writing authorize or direct any such employee to exercise such power or perform such duty. |
| (d) |
A power exercised or duty performed by an employee referred to in paragraph (c)(ii), shall be deemed to have been exercised or performed by the chief executive official, chairman or other person in charge, as the case may be: Provided that the chief executive official, chairman or other person in charge, as the case may be, may at any time amend or withdraw any decision made or order given by such employee. |
Older Persons Act, 2006
