Helping you understand Welsh law

Can a delegatee then delegate the power on to a second person?

Legislation may set out that the recipient of delegated powers may then further sub-delegate the powers. An example is section 101(3) of the Local Government Act 1972, which provides that if a local authority arranges for its functions to be carried out by a committee, that committee may then further delegate its powers to a sub-committee or an officer of the authority.

Generally, however, in the absence of such express provision in legislation, the Court is reluctant to infer a power for the recipient of delegated powers to sub-delegate further; there is an assumption that where the legislature has authorised delegation once, no further sub-delegation will be permitted.

There are currently no articles about this topic