Civil Service (Management Functions) Act 1992 (c. 61)

[ F2 (1) This section applies to the functions conferred on the Minister for the Civil Service by section 3 of the Constitutional Reform and Governance Act 2010 (management of the civil service, excluding the diplomatic service). (2) The Minister for the Civil Service may, to such extent and subject to such conditions as the Minister thinks fit, delegate a function to which this section applies to any other servant of the Crown. ] (3) Without prejudice to the generality of subsection (2) above, the conditions subject to which a function may be delegated under that subsection include a condition prohibiting, to such extent as may be specified in the condition, the carrying out of the function under the authority of the person to whom it is delegated. (4) Without prejudice to any rule of law with respect to the carrying out of functions under the authority of a person in charge of a government department, where a function is delegated under subsection (2) above otherwise than to such a person, the person to whom the function is delegated may, subject to the terms of the delegation, authorise a servant of the Crown for whom he is responsible to carry out the function on his behalf. F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Textual Amendments F2 S. 1(1)(2) substituted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25) , s. 52 , Sch. 2 para. 6(2) ; S.I. 2010/2703 , art. 2(a) F3 S. 1(5) omitted (11.11.2010) by virtue of Constitutional Reform and Governance Act 2010 (c. 25) , s. 52 , Sch. 2 para. 6(3) ; S.I. 2010/2703 , art. 2(a) Modifications etc. (not altering text) C1 S. 1 extended (6.5.1999) by 1998 c. 46 , s. 51(4)(9) (with s. 126(3)-(11) ); S.I. 1998/3178 , art. 2(2) , Sch. 1 , Sch. 3 C2 S. 1 extended by Government of Wales Act 2006 (c. 32) , s. 52(4) (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(1)(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act. C3 S. 1(2) extended (1.12.1998) by 1998 c. 38 , s. 34(4) (with ss. 139(2) , 143(2) ); S.I. 1998/2789 , art. 2

(1) This section applies to any statutory power which— (a) relates to the appointment or management of members of [ F4 the civil service (excluding the diplomatic service) within the meaning of Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 ] , and (b) requires for its exercise the sanction of a Minister of the Crown (whether by way of approval, consent, agreement or otherwise). (2) The Minister whose sanction is required for the exercise of a power to which this section applies may, to such extent and subject to such conditions as he thinks fit, authorise its exercise without his sanction. (3) Without prejudice to the generality of subsection (2) above, the conditions which may be imposed on an authorisation under that subsection include a condition prohibiting, to such extent as may be specified in the condition, the exercise of the power concerned under the authority of the person by whom it is exercisable. (4) Where by virtue of any statutory provision the sanction required for the exercise of a power to which this section applies itself requires the sanction (whether by way of approval, consent, agreement or otherwise) of a Minister of the Crown, the power conferred by subsection (2) above shall be exercisable subject to the approval of that Minister. Textual Amendments F4 Words in s. 2(1)(a) substituted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25) , s. 52 , Sch. 2 para. 7 ; S.I. 2010/2703 , art. 2(a)