Part 1

General order-making powers

Powers of Ministers: supplementary

Restrictions on Ministerial powers
7
1
The modification or transfer of a function by an order under sections 1 to 5 must not prevent it (to the extent that it continues to be exercisable) from being exercised independently of Ministers in any of the following cases.
2
Those cases are—
a
where the function is a judicial function (whether or not exercised by a court or a tribunal);
b
where the function's exercise involves enforcement activities in relation to obligations imposed on a Minister;
c
where the function's exercise otherwise constitutes the exercise of oversight or scrutiny of the actions of a Minister.
3
Provision made by an order under sections 1 to 5 must be proportionate to the reasons for the order.
4
In this section “enforcement activities” means—
a
the bringing of legal proceedings or the provision of assistance with the bringing of legal proceedings,
b
the carrying out of an investigation with a view to bringing legal proceedings or to providing such assistance, or
c
the taking of steps preparatory to any of those things.