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Marine and Coastal Access Act 2009

Section 19: Particular powers

92.Subsection (3) of this section provides for various cases where the body being authorised to carry out a function under an agreement is already involved with the function in some way. It may, for example, be a consultee or it may be required to give its consent to the exercise of the function or it may already exercise the function jointly with the body delegating the function. This section provides that an agreement may still be entered into with that body.

93.Subsection (6) ensures that the lack of a specific power to carry out a function does not prevent a body performing the function if that body has been authorised to do so under an agreement. It also provides that a body may delegate performance to a specially-formed body corporate or to a committee, sub-committee, member, officer or employee (except if the agreement itself prohibits this). However, subsection (8) provides that delegation of the performance of the function to anyone else is generally not permitted.

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