Marine and Coastal Access Act 2009

19 Particular 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) In subsection (3)—

• “A” means the Secretary of State or the MMO;

• “B” means—

  (a)

  the MMO, if A is the Secretary of State;

  (b)

  an eligible body, if A is the MMO.

(3) A may, under an agreement, authorise B to perform a function even though, under the enactment or subordinate legislation conferring that function on A,—

(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).

(4) 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.

(5) In the following provisions of this section “relevant body” means—

(a) the MMO;

(b) any eligible body.

(6) A relevant 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.

(7) Where the eligible body is a harbour authority which is a local authority—

(a) subsection (6)(a) is subject to section 20(5), and

(b) section 20 applies in place of subsection (6)(b).

(8) Subject to subsection (6)(b) and section 20, a relevant body which is authorised under an agreement to perform a function may not authorise any other body or person to perform that function.