• PART 4 PART 4 POWERS AND APPOINTMENTS

    • 30. Construction of provisions as to exercise of powers and duties

      (1) Where an enactment confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.
      (2) Where an enactment confers a power or imposes a duty on the holder of an office as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by the holder of the office for the time being or by a person duly appointed to act for him.
      (3) Where an enactment confers a power to make subordinate legislation, to issue any order or to do any act, the power shall, unless the contrary intention appears, be construed as including the power exercisable in like manner and subject to the like consent and conditions, if any, to amend, vary, rescind, revoke or suspend the subordinate legislation made or order issued or any part thereof or to abstain from doing the act.

    • 31. Power to appoint includes power to dismiss

      (1) Where an enactment confers upon any person or authority a power to make appointments to any office or place, the power shall, unless the contrary intention appears, be construed as including a power to dismiss or suspend any person appointed and to appoint another person temporarily in the place of any person so suspended or in place of any sick or absent holder of the office or place.
      (2) Where the power of the person or authority to make appointments is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, the power of dismissal shall, unless the contrary intention appears, only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority.

    • 32. Construction of enabling words

      (1) Where an enactment confers powers on any person to do or enforce the doing of any act or thing, such powers shall be understood to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.
      (2) Without prejudice to the generality of subsection (1) —
      (a) a power to prohibit or to control or to regulate any matter includes power to provide for the same by the licensing thereof and power to prohibit acts whereby the prohibitions, control or regulations affecting the matter might be evaded;
      (b) a power to grant a licence, permit, authority, approval or exemption includes power to impose reasonable conditions subject to which the licence, permit, authority, approval or exemption may be granted.

    • 33. Appointment of officers by name or office

      (1) Where, by or under any enactment, a public officer or body is empowered to appoint or name a person to have and exercise any powers or perform any duties, the public officer or body may either appoint a person by name or direct the person for the time being holding the office designated by the public officer or body to have and exercise those powers and perform those duties.
      (2) Thereupon, or from the date specified by the public officer or body, the person appointed by name or the person holding the office as mentioned in subsection(1), shall have and may exercise those powers or perform those duties accordingly.
      (3) Any such appointment may be made with retrospective effect to any date not being a date earlier than the commencement of the enactment under which the appointment is made.

    • 34. Official designation to include officer executing duties

      When reference is made in any enactment, instrument, warrant or process of any kind made or issued by any public officer or body or person having authority under any enactment to make or to issue the same to any public officer by the term designating his office, such public officer shall include the officer for the time being executing the duties of that office or any portion of those duties.

    • 35. Appointments having retrospective effect

      Any appointment may be declared to have effect as from the date upon which the appointee commenced to exercise the powers and discharge the duties of his appointment, not being a date earlier than the date of the commencement of the enactment under which the appointment is made.