Section 5: Delegation, Legal Aid, Sentencing and Punishment of Offenders Act 2012

The following functions of the Lord Chancellor may be exercised by, or by employees of, a person authorised by the Lord Chancellor for that purpose—

securing the provision of information under section 1(3), and

setting and monitoring standards under section 3.

Regulations may provide for a function of the Lord Chancellor under regulations made under this Part to be exercisable by, or by employees of, a person authorised by the Lord Chancellor for that purpose.

The functions conferred on the Director by this Part may be exercised by, or by employees of, a person authorised by the Director for that purpose.

Regulations may provide for a function of the Director under regulations made under this Part to be exercisable by, or by employees of, a person authorised by the Director for that purpose.

A direction given by the Lord Chancellor under section 4 about the carrying out of the Director's functions may, in particular, require the Director—

to authorise, or not to authorise, a person to carry out a function specified in the direction, or

to authorise, or not to authorise, a person specified, or of a description specified, in the direction to carry out such a function.

Regulations under subsection (2) or (4) may provide that a function may be exercised—

wholly or to a limited extent;

generally or in particular cases or areas;

unconditionally or subject to conditions.

An authorisation given for the purposes of this section or regulations under this section may provide that a function may be exercised—

wholly or to a limited extent;

generally or in particular cases or areas;

unconditionally or subject to conditions.

In the case of an authorisation given for the purposes of regulations under this section, subsection (7) is subject to the provisions of the regulations.

Section 5: Delegation

Discussed in

About this text