Part 8 U.K. Flexible administrative arrangements

Chapter 1 E+W Agreements with designated bodies

Supplementary E+W

86 Interpretation E+W

(1) In sections 81 to 85 “agreement” means an agreement under section 78 or 79.

[F1 (2) In this Chapter “DEFRA [F2 or DESNZ] function” means—

(a) a function which at the material time falls to be performed by or through the Department for Environment, Food and Rural Affairs, or

(b) a former DEFRA function which at the material time falls to be performed by or through the [F3 Department for Energy Security and Net Zero].

(2A) In subsection (2) “former DEFRA function” has the meaning given by article 2(3) of the Secretary of State for Energy and Climate Change Order 2009 [F4 (and see also the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016)] [F5 and the Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424)].]

(3) A certificate issued by the Secretary of State that a function falls to be performed as mentioned in subsection (2) is conclusive evidence of that fact.

(4) In this Chapter—

• “designated body” has the meaning given by section 80;

• “local authority” means—

  (a)

  a local authority as defined in section 1(a) of the Local Government Act 2000 (c. 22), and

  (b)

  the Greater London Authority;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Textual Amendments

F1 S. 86(2)(2A) substituted for s. 86(2) (5.3.2009) by Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), art. 1(2), Sch. 2 para. 4(2)

F2 Words in s. 86(2) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 13(2)(e) (with art. 17)

F3 Words in s. 86(2)(b) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 13(3)(a) (with art. 17)

F4 Words in s. 86(2A) inserted (9.11.2016) by The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016 (S.I. 2016/992), art. 1(2), Sch. para. 11(3)(b) (with art. 13)

F5 Words in s. 86(2A) inserted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 13(3)(b) (with art. 17)

Commencement Information

I1 S. 86 in force at 31.5.2006 by S.I. 2006/1382, art. 2