S.L. 433.3 Art. 4AResponsibility for execution of tasks.

(1) For the purpose of this regulation, and unless the context otherwise requires:

"lawful person" means any official laboratory, university, research institute, private laboratory, professional person and any other person or body lawfully authorised by the Director to act on his behalf; "public functions" means activities and tasks covered by the Public Administration Act.

(2) In these regulations, any reference made to the Director shall be construed as a reference to the Director responsible for Plant Health, and the Directorate shall be construed accordingly and shall include its Director, or any person lawfully empowered or engaged by the Director to act on his behalf.

(3) The Director may delegate any task provided for in these regulations to be accomplished under his authority and supervision to a person lawfully appointed or empowered by him to act on his behalf, provided that such person, or any other member appointed by him has no personal or conflict of interest in the outcome of any measure to be taken.

(4) The Director shall ensure that such person is under his officially approved authority and is exclusively charged with specific public functions, with the exception of laboratory testing which such person may perform even where the laboratory testing does not form part of his specific public functions.

(5) Notwithstanding sub-regulation (4), the Director may delegate any laboratory testing provided for in these regulations to any person lawfully authorised or engaged by him who does not comply with the provisions of sub-regulation (4).

(6) The person lawfully delegated by the Director to carry out laboratory testing shall be in conformity to the criteria established in Schedule XXIII:

Provided that these criteria may be amended from time to time, as published by the Directorate.