Commonwealth Numbered Regulations

1980 No. 115 FINANCE REGULATIONS (AMENDMENTS) - REG 38

38. (1) In this regulation-

"authorized officer" means an officer who is authorized by the Permanent
Head of a Department for the purposes of a provision, or the part of a
provision, of the Finance Regulations;

"Chief Officer" and "Chief Accounting Officer" have the same respective
meanings as in the Finance Regulations as in force immediately before the
commencing day;

"commencing day" means the day on which these Regulations come into operation;

"Permanent Head of a Department" has the same meaning that that expression
would have if this regulation were a provision of the Finance Regulations as
in force upon the commencing day.

(2) In this regulation-

   (a)  a reference to a prescribed provision of the Finance Regulations shall
        be read as a reference to sub-regulation 20 (1), regulation 23,
        sub-regulations 42 (2) or (3), 43 (1), 52A (1), 56AA (1), 56B (1) or
        (2), 60 (2), 61 (3), 79 (1), (2) or (3) or 93 (2), regulation 99, 107A
        or 110 or sub-regulation 111 (2) of those Regulations as in force
        immediately before the commencing day; and

   (b)  a reference to taking any action shall be read as a reference to doing
        any act or thing.

(3) Where-

   (a)  before the commencing day, a Chief Officer or Chief Accounting Officer
        took any action in pursuance of a power or function exercisable by him
        under a prescribed provision of the Finance Regulations;

   (b)  on that day the power to take, or the function of taking, such action
        under that provision becomes exercisable by the
        Permanent Head of a Department or an authorized officer instead of the
        Chief Officer or Chief Accounting Officer, as the case may be; and

   (c)  the action taken by the Chief Officer or Chief Accounting Officer
        would, but for that power or function having ceased to be exercisable
        by him, have had consequences or effects on or after that day, then,
        subject to any action taken on or after that day by the Permanent Head
        of a Department or an authorized officer in pursuance of the relevant
        power or function, the action taken by the Chief Officer or
        Chief Accounting Officer, as the case may be, before that day shall
        have, and shall be deemed to have had, such consequences or effects on
        and after that day as it would have, or would have had, if it were
        taken by the Permanent Head of a Department or authorized officer.