Part 8Flexible administrative arrangements
Chapter 1Agreements with designated bodies
Powers to enter into agreements
81Reserved functions
1
An agreement may not authorise a designated body to perform a reserved function.
2
The reserved functions are—
a
any function whose performance by the designated body would be incompatible with the purposes for which the body was established;
b
any power of a Minister of the Crown to make or terminate appointments or lay reports or accounts;
c
any power to make subordinate legislation, give directions or guidance or issue codes of practice (or to vary or revoke any of those things);
d
any power to fix fees or charges other than a power prescribed for the purposes of this section by an order made by the Secretary of State;
e
any function of an accounting officer in his capacity as such;
f
except in relation to an agreement authorising a public body to perform functions—
i
any power to enter, inspect, take samples or seize anything, and
ii
any other power exercisable in connection with suspected offences;
g
any function of the Secretary of State under the Water Industry Act 1991 or under any subordinate legislation made under that Act.
3
The power to make an order under subsection (2)(d) is exercisable by statutory instrument.
4
A statutory instrument containing an order under subsection (2)(d) is subject to annulment in pursuance of a resolution of either House of Parliament.