| (1) | Subject to subsections (2), (3), (4) and (5), the board may, by resolution, delegate any power and assign any duty conferred or imposed on it in terms of this Act to— |
| (b) | the chief executive officer; |
| (c) | a committee of the board; |
| (e) | person appointed as a railway safety inspector under section 32; |
| (g) | any other person appointed by it. |
| 2) | The board is not divested of any power it delegates or relieved of any duty it assigns. |
| (3) | Such delegation or assignment— |
| (a) | may be made subject to conditions determined by the board; and |
| (b) | must be communicated to the delegatee or assignee in writing. |
| (4) | The written communication in terms of subsection (3)(b) must contain full particulars of the matters being delegated or assigned and must specify the conditions, if any, referred to in subsection (3)(a). |
| (5) | The board may, by resolution— |
| (a) | amend or revoke a delegation or assignment made in terms of subsection (1); or |
| (b) | withdraw any decision, other than a decision which confers a right or entitlement on any third party, made by the delegatee or assignee with regard to a delegated or assigned matter, and decide the matter itself. |
| (a) | The chief executive officer may delegate any power or duty conferred or imposed on him or her to any staff member of the Regulator, subject to any conditions imposed by the board, and subsections (2) to (5) apply with the necessary changes to such a delegation. |
| (b) | A delegation under subparagraph (a) does not prevent the chief executive officer from exercising the power or performing the duty in question himself or herself. |
[Subsection (6) inserted by section 8 of Act No. 69 of 2008]
