Civil Service (Management Functions) Act 1992

2 Power to authorise exercise of functions without approval etc. U.K.

(1) This section applies to any statutory power which—

(a) relates to the appointment or management of members of [F1 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

F1 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)