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.