Part 8Flexible administrative arrangements

Chapter 1Agreements with designated bodies

Supplementary

I183Particular powers

1

The fact that a function is conferred by or under this Act or an Act passed after the passing of this Act does not prevent it from being the subject of an agreement.

2

The Secretary of State or a designated body (“A”) may, under an agreement, authorise a designated body (“B”) to perform a function even though under the relevant enactments or subordinate legislation—

a

the function is conferred on A by reference to specified circumstances or cases and the same type of function is conferred on B in different specified circumstances or cases,

b

the function is exercisable by A and B jointly,

c

B is required to be, or may be, consulted about the function (whether generally or in specified circumstances), or

d

B is required to consent to the exercise of the function (whether generally or in specified circumstances).

3

An agreement may provide—

a

for the performance of a function to be subject to the fulfilment of conditions;

b

for payments to be made in respect of the performance of the function.

4

A designated body which is authorised under an agreement to perform a function—

a

is to be treated as having power to do so;

b

may, unless (or except to the extent that) the agreement provides for this paragraph not to apply—

i

authorise a committee, sub-committee, member, officer or employee of the body to perform the function on its behalf;

ii

form a body corporate and authorise that body to perform the function on its behalf.

5

However, where the designated body is a local authority—

a

subsection (4)(a) is subject to section 84(5)(a), and

b

section 84 applies in place of subsection (4)(b).

6

Subject to subsection (4)(b) and section 84, a designated body which is authorised under an agreement to perform a function may not authorise any other body or other person to perform that function.