Part 4Licensing Authorities of secondhand dealers and pawnbrokers, and miscellaneous provisions
Licensing Authorities and Deputy Licensing Authorities
76Delegations
A Licensing Authority may, in writing, delegate to any person any function, duty, or power under this Act, except the following:
- the power to conduct hearings into Police objections and Police complaints:
- the power to waive a disqualification from holding a certificate:
- the power to cancel a licence, and the power to cancel or suspend a certificate:
- the power, under section 18, to transfer a licence to a temporary licence holder:
- the power of delegation under this section.
Subject to any general or special directions given or conditions attached to a delegation, the person to whom the function, duty, or power is delegated must perform and may exercise those functions, duties, and powers in the same manner and with the same effect as if they had been conferred on that person directly by this section and not by delegation.
A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.
A delegation may be made to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or specified classes of offices.
A delegation is revocable in writing at will, and a delegation does not prevent the exercise of any function, duty, or power by a Licensing Authority.
A delegation continues in force according to its tenor until revoked, even if a Licensing Authority who made it has ceased to hold office.
Notes
- Section 76(1): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Section 76(5): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
- Section 76(6): amended, on , by section 304 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

