Search Legislation

Public Bodies Act 2011

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Restrictions on powers of Ministers and Welsh Ministers

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Public Bodies Act 2011, Cross Heading: Restrictions on powers of Ministers and Welsh Ministers. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Restrictions on powers of Ministers and Welsh MinistersU.K.

20Restriction on creation of functionsU.K.

(1)An order under the preceding provisions of this Act may not create—

(a)a power to make subordinate legislation,

(b)a power of forcible entry, search or seizure, or

(c)a power to compel the giving of evidence.

(2)Subsection (1) does not prevent an order from repealing and re-enacting a power.

21Restriction on transfer and delegation of functionsU.K.

(1)An order under the preceding provisions of this Act may not transfer any function to—

(a)a charity, or

(b)a person not otherwise exercising public functions who is not a charity,

unless the charity or person has consented.

(2)An order under the preceding provisions of this Act may not transfer an excluded function to a person not otherwise exercising public functions.

(3)In subsection (2) “excluded function” means—

(a)a function of a tribunal exercising the judicial power of the State,

(b)a power to make subordinate legislation,

(c)a power of forcible entry, search or seizure,

(d)a power to compel the giving of evidence, or

(e)any other function the exercise or non-exercise of which would necessarily interfere with, or otherwise affect, the liberty of an individual.

22Restriction on creation of criminal offencesU.K.

(1)An order under the preceding provisions of this Act may not, in relation to any transfer or modification of functions, create a criminal offence that is punishable—

(a)on indictment, with imprisonment for a term exceeding two years, or

(b)on summary conviction, with—

(i)imprisonment for a term exceeding the normal maximum term, or

(ii)a fine exceeding level 5 on the standard scale.

(2)In subsection (1)(b)(i) “the normal maximum term” means—

(a)in relation to England and Wales—

(i)in the case of a summary offence, 51 weeks, and

(ii)in the case of an offence triable either way, twelve months;

(b)in relation to Scotland—

(i)in the case of an offence triable only summarily, six months, and

(ii)in the case of an offence triable either summarily or on indictment, twelve months;

(c)in relation to Northern Ireland, six months.

(3)In Scotland, in the case of an offence which, if committed by an adult, is triable either on indictment or summarily and is not an offence triable on indictment only by virtue of—

(a)Part 5 of the Criminal Justice Act 1988, or

(b)section 292(6) and (7) of the Criminal Procedure (Scotland) Act 1995,

the reference in subsection (1)(b)(ii) to a fine exceeding level 5 on the standard scale is to be construed as a reference to the statutory maximum.

(4)In England and Wales—

(a)in the case of a summary offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (2)(a)(i) to 51 weeks is to be read as a reference to six months, and

(b)in the case of an offence triable either way which is committed before [F12 May 2022], the reference in subsection (2)(a)(ii) to twelve months is to be read as a reference to six months.

(5)Subsection (1) does not prevent an order from repealing and re-enacting a criminal offence.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources