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Delegation by chief executive officer.
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16.—(1) The chief executive officer of a health board may delegate any function performable by him to another officer of the board, subject to any directions in that respect which may be given by the Minister.
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(2) Where a delegation to an officer is made under this section—
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(a) the officer shall perform the delegated function under the general direction and control of the chief executive officer;
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(b) the officer shall perform the delegated function in accordance with any limitations specified in the delegation as to the area or period in which or the extent to which he is to perform that function, and
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(c) a provision made by or under this or any other Act which vests functions in the chief executive officer or regulates the manner in which any function is to be performed shall, if and in so far as it is applicable to the delegated function, have effect, for the purposes of the performance of that function by the officer, with the substitution of the officer for the chief executive officer.
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(3) Notwithstanding subsection (2), where a delegation to an officer is made under this section—
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(a) the chief executive officer may, in any particular case of the performance of the function, inform the officer that he has decided to perform the function himself, and the function shall thereupon be performable in that case by the chief executive officer and not by the officer, and
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(b) if the officer is satisfied that, in any particular case of the performance of the function, performance would, because of the importance of the decision involved or because of any other reasonable consideration, be more appropriately effected by the chief executive officer, the officer may refer the case to the chief executive officer, and the function shall thereupon be performable in that case by the chief executive officer and not by the officer.
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(4) The chief executive officer may revoke a delegation under this section.
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(5) Where a function is performed by an officer pursuant to a delegation under this section and any surcharge or charge subsequently falls to be made consequent on such performance—
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(a) in case the payment was made or authorised to be made, or the loss or deficiency was caused, by the officer, the chief executive officer shall be treated as if he also had made or authorised the making of the payment or had caused the loss or deficiency, and
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(b) in case the payment was made or authorised to be made, or the loss or deficiency was caused, by the chief executive officer, the officer shall be treated as if he also had made or authorised the making of the payment or had caused the loss or deficiency.
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(6) A statement in writing that he has made a delegation under this section, signed by the chief executive officer, shall be received, without proof, as prima facie evidence of the delegation.
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(7) A chief executive officer shall give notification of a delegation under this section or a revocation thereof to the Minister and to the health board at its next meeting.
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