PART II
-
ADMINISTRATION
SECTION 21
DELEGATION BY BOARD
21(1)
The Board may, by resolution, delegate any or all of its functions and powers to any of the following:
(a)
the Chairperson;
(b)
the Deputy Chairperson;
(c)
a member of the Board;
(d)
a committee;
(e)
a member of the staff assisting the Board.
History
S 21(1) amended by No 92 of 2020, s 3 and Sch 6 item 7, by omitting
"
who is an SES employee, or acting SES employee
"
after
"
assisting the Board
"
from para (e), effective 1 January 2021.
S 21(1) substituted by No 63 of 2016, s 3 and Sch 1 item 29, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading. S 21(1) formerly read:
21(1)
The Board may, by resolution, delegate to the Chairperson, another member or a member of the staff assisting the Board, all or any of its functions and powers, other than its functions or powers:
(a)
for PDFs
-
to make or revoke registration declarations under the
Pooled Development Funds Act 1992
; and
(b)
to register entities or revoke registration under Part 7A of the
Pooled Development Funds Act 1992
; and
(c)
to register limited partnerships as VCLPs, ESVCLPs or AFOFs or revoke registration under Part 2 of the
Venture Capital Act 2002
; and
(d)
to approve ESVCLPs
'
investment plans, and their replacement plans, under Part 2 of the
Venture Capital Act 2002
; and
(e)
to register entities as eligible venture capital investors or revoke registration under Part 3 of the
Venture Capital Act 2002
; and
(f)
to make determinations under Part 4 of the
Venture Capital Act 2002
.
S 21(1) substituted by No 164 of 2007, s 3 and Sch 12 item 28, effective 27 September 2007. S 21(1) formerly read:
21(1)
The Board may, by resolution, either generally or as otherwise provided by the resolution, delegate to the Chairperson, another member, a committee or a member of the staff assisting the Board, all or any of its powers under this Act, other than this power of delegation.
21(2)
(Repealed by No 63 of 2016)
History
S 21(2) repealed by No 63 of 2016, s 3 and Sch 1 item 29, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading. S 21(2) formerly read:
21(2)
The Board may, by resolution, delegate to a committee all or any of its functions and powers (including those referred to in paragraphs (1)(a) to (f).
S 21(2) substituted by No 164 of 2007, s 3 and Sch 12 item 28, effective 27 September 2007. S 21(2) formerly read:
21(2)
A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Board.
21(3)
A delegation of a function or power under this section:
(a)
may be revoked by a resolution of the Board (whether or not constituted by the persons constituting the Board at the time the function or power was delegated); and
(b)
(Repealed by No 164 of 2007)
(c)
continues in force notwithstanding a change in the membership of the Board.
History
S 21(3) amended by No 164 of 2007, s 3 and Sch 12 items 29 to 31, by inserting
"
function or
"
after
"
delegation of a
"
, substituting
"
function or power was delegated); and
"
for
"
power was delegated);
"
in para (a) and repealing para (b), effective 27 September 2007. Para (b) formerly read:
(b)
does not prevent the exercise of the power by the Board; and
21(4)
Section
34A
of the
Acts Interpretation Act 1901
applies in relation to a delegation under this section as if the Board were a person.
21(5)
A certificate signed by the Chairperson stating any matter with respect to a delegation of a function or power under this section is evidence of that matter unless evidence to the contrary is given.
History
S 21(5) amended by No 164 of 2007, s 3 and Sch 12 item 32, by inserting
"
function or
"
after
"
delegation of a
"
, effective 27 September 2007.
21(6)
A document purporting to be a certificate mentioned in subsection (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.
21(7)
(Repealed by No 164 of 2007)
History
S 21(7) repealed by No 164 of 2007, s 3 and Sch 12 item 33, effective 27 September 2007. S 21(7) formerly read:
21(7)
In this section, a reference to the Chairperson shall, if there is an acting Chairperson, be read as a reference to the acting Chairperson.
21(8)
(Repealed by No 164 of 2007)
History
S 21(8) repealed by No 164 of 2007, s 3 and Sch 12 item 33, effective 27 September 2007. S 21(8) formerly read:
21(8)
In this section:
this Act
includes finance scheme guidelines.
History
S 21 amended by Nos 59 of 1988 and 224 of 1992.