In forceUpdated to 1 Jul 2026

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Skills and Workforce Development Agency Act 2026 · Updated to 1 Jul 2026 · Part 4 · Decision‑Making by Agency

30. Ability to delegate

(1)

The Agency may delegate any of its functions or powers, either generally or specially and subject to any conditions or restrictions that the Agency thinks fit, to any of the following persons:

(a)

a member of the Agency;

(b)

the Chief Executive, an officer of the Agency or any other person performing duties in the Agency;

(c)

a committee that includes at least one member of the Agency;

(d)

a wholly‑owned subsidiary company of the Agency;

(e)

a person engaged as a contractor by the Agency.

(2)

A delegation by the Agency under subsection (1) of any of its functions or powers —

(a)

to a person in subsection (1)(a), (b) or (c) may authorise the delegate to subdelegate the function or power to another member or an appropriately qualified officer of the Agency (called in this Act a subdelegate); or

(b)

to a person in subsection (1)(d) or (e) may authorise the delegate to subdelegate the function or power to an appropriately qualified employee of that delegate (also called in this Act a subdelegate),but subject to the same restrictions, and with the same effect, as if the subdelegate is the delegate.

(3)

A delegation by the Agency under subsection (1) must be by resolution and written notice given to the delegate.

(4)

Subsections (1) and (2) do not apply to any function or power under this Act or any other Act that is declared by this Act or that other Act to be non‑delegable.

(5)

A delegation or subdelegation in accordance with this section is not affected by any change —

(a)

in the membership of a committee (where the delegate is the committee), so long as the committee includes at least one member of the Agency; or

(b)

in the individual appointed as the Chief Executive or holding any specified office in the Agency (where the delegate is the Chief Executive or the holder of the specified office).

(6)

In this section —

(a)

a reference to a wholly‑owned subsidiary company of the Agency includes a company limited by guarantee the sole member of which is the Agency; and

(b)

a reference to a person performing duties in the Agency includes a person performing duties in the Agency under a contract, or under an arrangement making available temporarily to the Agency the services of public officers.