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4. For the purposes of regulation 2(1)(1) and paragraph 3, functions are not to be regarded as exercisable by a Minister of the Crown or government department in relation to any function of a public authority merely because—
(a)the agreement of a Minister of the Crown or government department is required to the exercise of a function of the public authority;
(b)a Minister of the Crown or government department must be consulted by the public authority, or by the Scottish Ministers, the Welsh Ministers, the First Minister, the Counsel General, a Northern Ireland Minister or a Northern Ireland department, about the exercise of a function of the public authority; or
(c)a Minister of the Crown or government department may exercise functions falling within paragraph 5 in relation to functions of the public authority.
See definitions of “secondary devolved Northern Ireland function”, “secondary devolved Scottish function” and “secondary devolved Welsh function”.
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