Part 8

Flexible administrative arrangements
Chapter 1

Agreements with designated bodies

Supplementary

Particular powers
83
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
The Secretary of State or a designated body (“A”) may, under an agreement, authorise a designated body (“B”) to perform a function even though under the relevant enactments or subordinate legislation—
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).
3
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.
4
A designated 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.
5
However, where the designated body is a local authority—
a
subsection (4)(a) is subject to section 84(5)(a), and
b
section 84 applies in place of subsection (4)(b).
6
Subject to subsection (4)(b) and section 84, a designated body which is authorised under an agreement to perform a function may not authorise any other body or other person to perform that function.
S. 83 in force at 31.5.2006 by S.I. 2006/1382, art. 2