Circumstances in which the Department may delegate functions to existing body
6. After Article 48 of the 1990 Order (which is amended by Article 5) insert—
“Circumstances in which the Department may delegate functions to existing body
48A.—(1) The Department’s power to make a delegation order under Article 48 which designates an existing body is exercisable in accordance with this Article.
(2) The Department may make such an order if it appears to the Department—
(a)that the body is willing and able to exercise the functions that would be transferred by the order; and
(b)that the body has arrangements in place relating to the exercise of those functions which are such as to be likely to ensure that the conditions in paragraph (3) are met.
(3) The conditions are—
(a)that the functions in question will be exercised effectively; and
(b)where the delegation order is to contain any requirements or other provisions specified under paragraph (4), that those functions will be exercised in accordance with any such requirements or provisions.
(4) The delegation order may contain such requirements or other provisions relating to the exercise of the functions by the designated body as appear to the Department to be appropriate.
(5) An existing body—
(a)may be designated by a delegation order under Article 48, and
(b)may accordingly exercise functions of the Department in pursuance of the order,
despite any involvement of the body in the exercise of any functions under arrangements within any of paragraphs 17, 18, 19(1) or 20(1) of Schedule 11.”.