Part 1The Marine Management Organisation
Chapter 3Agreements involving the MMO for the exercise of functions
Powers to enter into agreements
I114Agreements between the Secretary of State and the MMO
1
The Secretary of State may enter into an agreement with the MMO authorising the MMO to perform any marine function of the Secretary of State—
a
either in relation to the UK marine area or in relation to specified parts of that area;
b
subject to paragraph (a), either generally or in specified cases.
“Specified” means specified in the agreement.
2
For the purposes of this Chapter, a “marine function” is any function which relates to, or whose exercise is capable of affecting, the whole or any part of the UK marine area.
3
For the purposes of this Chapter, any reference to a marine function of the Secretary of State includes a reference to a marine function exercisable by a person—
a
authorised or appointed by the Secretary of State, or
b
employed in the civil service of the State (but see subsection (4)).
4
For the purposes of subsection (3)(b), a person is not to be regarded as employed in the civil service of the State to the extent that the person is any of the following—
a
the holder of an office in the Scottish Administration which is not a ministerial office (within the meaning of section 51 of the Scotland Act 1998 (c. 46));
b
a member of the staff of the Scottish Administration (within the meaning of that section);
c
a member of the staff of the Welsh Assembly Government (within the meaning of section 52 of the Government of Wales Act 2006 (c. 32)).
5
An agreement under this section—
a
may be cancelled by the Secretary of State at any time, and
b
does not prevent the Secretary of State from performing a function to which the agreement relates.
6
This section is subject to sections 17 and 18 (non-delegable functions and maximum duration of agreement).