Part 1General order-making powers
Restrictions on powers of Ministers and Welsh Ministers
21Restriction on transfer and delegation of functions
1
An order under the preceding provisions of this Act may not transfer any function to—
a
a charity, or
b
a person not otherwise exercising public functions who is not a charity,
unless the charity or person has consented.
2
An order under the preceding provisions of this Act may not transfer an excluded function to a person not otherwise exercising public functions.
3
In subsection (2) “excluded function” means—
a
a function of a tribunal exercising the judicial power of the State,
b
a power to make subordinate legislation,
c
a power of forcible entry, search or seizure,
d
a power to compel the giving of evidence, or
e
any other function the exercise or non-exercise of which would necessarily interfere with, or otherwise affect, the liberty of an individual.