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65 | Inland Waterways Advisory Council |
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The body established by section 110 of the Transport Act 1968 (c. 73) and |
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known as the Inland Waterways Amenity Advisory Council is to be known |
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instead as the Inland Waterways Advisory Council. |
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66 | Constitution of Council |
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For section 110 of the 1968 Act substitute— |
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“110 | The Inland Waterways Advisory Council |
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(1) | There is to be a body known as the Inland Waterways Advisory |
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(2) | The Council is to consist of a chairman and not less than 12 other |
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(3) | The chairman is to be appointed by the Secretary of State after |
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consulting the Scottish Ministers. |
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(4) | Two of the members are to be appointed by the Scottish Ministers after |
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consulting the Secretary of State. |
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(5) | In making those appointments, the Scottish Ministers must have regard |
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to the desirability of appointing persons who appear to them to have |
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specialist knowledge of Scotland. |
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(6) | The other members of the Council are to be appointed by the Secretary |
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(7) | The members must include persons who appear to the person making |
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the appointment to have wide knowledge of, and interest in, inland |
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67 | Term of office, procedure etc. |
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After section 110 of the 1968 Act insert— |
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“110A | Term of office, procedure etc. |
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(1) | The members of the Council— |
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(a) | hold and vacate office in accordance with their terms of |
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(b) | on ceasing to hold office, are eligible for reappointment; |
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| but a member may at any time resign his office by notice in writing to |
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the Secretary of State or (as the case may be) the Scottish Ministers. |
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(a) | may, with the approval of the Secretary of State and after |
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consulting the Scottish Ministers, appoint such regional |
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committees as they think fit, and |
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(b) | may appoint such other committees as they think fit. |
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(3) | The Council may determine the procedure (including quorum) of the |
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Council or any committee. |
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(4) | The Secretary of State or the Scottish Ministers may pay the members of the |
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(a) | travelling and other expenses; |
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(b) | allowances for loss of remunerative time. |
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(5) | The Secretary of State may pay the chairman such remuneration as the |
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Secretary of State may determine. |
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(6) | If the chairman receives such remuneration he is not to be paid any |
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allowance under subsection (4) for loss of remunerative time. |
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(7) | The Secretary of State and the Scottish Ministers must pay the Council— |
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(a) | in respect of each financial year, and |
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(b) | in proportions agreed by the Secretary of State and the Scottish |
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| the amount that the Secretary of State and the Scottish Ministers agree is |
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required for the performance during that year of the functions of the Council. |
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(8) | “Financial year” means— |
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(a) | the period beginning with the date on which this section comes |
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into force and ending with the next 31st March, and |
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(b) | each subsequent period of 12 months ending with 31st March.” |
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68 | Functions of Council: England and Wales |
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After section 110A of the 1968 Act insert— |
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“110B | Functions of Council: England and Wales |
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(a) | shall provide the Secretary of State and navigation authorities |
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with such advice as appears to the Council appropriate about |
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matters relevant to inland waterways in England and Wales, |
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(b) | may provide any other interested person with such advice. |
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(2) | “Navigation authority” means any person who has a duty or power |
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under any enactment to work, maintain, conserve, improve or control |
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any canal or other inland navigation, navigable river, estuary, harbour |
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(3) | “Interested person”, in relation to any matter, means a person |
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appearing to the Council to have a sufficient interest in the matter.” |
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69 | Functions of Council: Scotland |
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After section 110B of the 1968 Act insert— |
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“110C | Functions of Council: Scotland |
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(a) | shall provide the Scottish Ministers and the Waterways Board |
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with such advice as appears to the Council appropriate about |
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matters relevant to inland waterways in Scotland— |
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(i) | which are owned or managed by the Waterways Board, |
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(ii) | in respect of which the Waterways Board is providing |
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technical advice or assistance, and |
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(b) | may provide any other interested person with such advice. |
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(2) | “Interested person”, in relation to any matter, means a person |
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appearing to the Council to have a sufficient interest in the matter.” |
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Flexible administrative arrangements |
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Agreements with designated bodies etc. |
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Powers to enter into agreements |
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70 | Agreement between a Minister and designated body |
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(1) | A Minister of the Crown may enter into an agreement with a designated body |
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authorising that body to perform an eligible function of the Minister— |
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(a) | wholly or to a specified extent; |
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(b) | generally or in specified cases or areas; |
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(c) | unconditionally or subject to specified conditions. |
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(2) | An agreement under this section— |
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(a) | may be cancelled by the Minister at any time, and |
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(b) | does not prevent the Minister from performing a function to which the |
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(3) | “Designated body” means a body listed in Schedule 7. |
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(4) | The Secretary of State may by order amend Schedule 7 so as to— |
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(a) | add a body to the list, or |
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(b) | remove a body from it. |
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(5) | The power to make an order under this section is exercisable by statutory |
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(6) | A statutory instrument containing an order under this section is subject to |
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annulment in pursuance of a resolution of either House of Parliament. |
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71 | Agreement between the Secretary of State and non-designated body |
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(1) | The Secretary of State may enter into an agreement with a non-designated |
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body authorising that body to perform an eligible DEFRA function— |
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(a) | wholly or to a specified extent; |
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(b) | generally or in specified cases or areas; |
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(c) | unconditionally or subject to specified conditions. |
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(2) | An agreement under this section— |
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(a) | may be cancelled by the Secretary of State at any time, and |
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(b) | does not prevent the Secretary of State from performing a function to |
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which the agreement relates. |
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(3) | “Non-designated body” means a body which is not listed in Schedule 7. |
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(4) | “DEFRA function” means a function which, immediately before the agreement |
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is entered into, falls to be performed by the Department for Environment, Food |
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(5) | A certificate issued by the Secretary of State that a function falls to be |
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performed as mentioned in subsection (4) is conclusive evidence of that fact. |
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72 | Agreement between designated body and another body |
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(1) | A designated body (“A”) may, with the approval of the relevant Minister, enter |
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into an agreement with a designated or non-designated body (“B”) authorising |
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B to perform an eligible function of A— |
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(a) | wholly or to a specified extent; |
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(b) | generally or in specified cases or areas; |
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(c) | unconditionally or subject to specified conditions. |
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(2) | The Minister’s approval may be given— |
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(a) | in relation to a particular agreement or in relation to a description of |
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(b) | unconditionally or subject to specified conditions. |
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(3) | Subject to subsection (5), the relevant Minister— |
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(a) | must review an agreement under this section no later than the end of |
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the period of 5 years beginning with the date on which the agreement |
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was entered into or was last reviewed by the relevant Minister, and |
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(b) | if it appears appropriate to do so in the light of the review, may cancel |
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(4) | Subject to subsection (5), an agreement under this section may not be varied |
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(a) | by agreement between A and B, and |
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(b) | with the approval of the relevant Minister. |
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(5) | An approval given under subsection (1) may provide that subsection (3) or (4) |
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does not apply (or that both of them do not apply). |
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(6) | “The relevant Minister” means— |
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(a) | if the agreement is between designated bodies, the Secretary of State; |
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(b) | if the agreement is between a designated body and a non-designated |
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body for whom another Minister of the Crown has responsibility, the |
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Secretary of State and that Minister acting jointly. |
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(7) | A Minister of the Crown has responsibility for a non-designated body if any |
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members of the body are appointed by him. |
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(1) | This section applies in relation to any power under this Chapter under which |
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a person (“A”) may authorise another (“B”) to perform an eligible function (or |
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an eligible DEFRA function) of A. |
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(2) | Any reference to a function is— |
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(a) | to a function that is exercisable in relation to England only, or |
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(b) | to so much of a function as is exercisable in relation to England. |
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(3) | A function is eligible if— |
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(a) | A thinks that it would be appropriate, having regard to B’s existing |
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purposes, for B to perform the function, and |
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(b) | it is not a reserved function. |
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(4) | The reserved functions are— |
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(a) | any power of a Minister of the Crown to make appointments, give |
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guidance or directions or lay reports or accounts; |
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(b) | any power to make subordinate legislation; |
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(c) | any power to fix fees or charges other than a power prescribed for the |
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purposes of this section by an order made by the Secretary of State; |
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(d) | any function of an accounting officer in his capacity as such; |
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(e) | except in relation to an agreement authorising a public body to perform |
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(i) | any power to enter, inspect, take samples or seize anything, and |
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(ii) | any other power exercisable in connection with suspected |
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(5) | The fact that a function is conferred by this Act or by or under an Act passed |
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after the passing of this Act does not prevent it from being an eligible function. |
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(6) | The power to make an order under subsection (4)(c) is exercisable by statutory |
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(7) | A statutory instrument containing an order under subsection (4)(c) is subject to |
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annulment in pursuance of a resolution of either House of Parliament. |
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74 | Maximum duration of agreement |
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The maximum period for which an agreement under this Chapter may |
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authorise a body to perform a function of another person is 20 years. |
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75 | Powers of bodies authorised to perform functions |
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(1) | A designated body which is authorised under this Chapter to perform a |
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function is to be treated as having power to carry out the function if doing so |
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is compatible with the purposes for which the designated body was |
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(2) | A body which is authorised to perform a function under an agreement under |
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this Chapter may, if the agreement provides for the powers in this subsection |
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(a) | authorise a committee, sub-committee, member or employee of the |
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body to carry out the function on its behalf; |
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(b) | where the body is a local authority operating executive arrangements, |
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authorise the function to be carried out by the executive; |
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(c) | form a body corporate and authorise that body to carry out the function |
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(3) | “Executive arrangements” has the same meaning as in Part 2 of the Local |
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Government Act 2000 (c. 22). |
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76 | Supplementary provisions with respect to agreements |
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(1) | In this section “agreement” means an agreement under this Chapter. |
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(2) | An agreement, and any approval given by the relevant Minister under section |
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(3) | The Secretary of State must arrange for a copy of an agreement to be published |
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in a way that the Secretary of State thinks is suitable for bringing it to the |
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attention of persons likely to be affected by it. |
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(4) | An agreement may provide for payments to be made in respect of the |
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performance of a function to which the agreement relates. |
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(5) | No power of a Minister of the Crown under any enactment to give directions |
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to a statutory body extends to giving a direction— |
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(a) | requiring it to enter into an agreement; |
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(b) | prohibiting it from entering into an agreement; |
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(c) | requiring it to include, or prohibiting it from including, particular |
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(d) | requiring it to negotiate, or prohibiting it from negotiating, a variation |
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or termination of an agreement. |
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(6) | Schedule 15 to the Deregulation and Contracting Out Act 1994 (c. 40) |
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(restrictions on disclosure of information) applies in relation to an |
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authorisation by a designated body under this Chapter as it applies in relation |
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to an authorisation under section 69 of that Act by an office-holder. |
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“designated body” has the meaning given in section 70(3); |
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“Minister of the Crown” has the same meaning as in the Ministers of the |
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“non-designated body” has the meaning given in section 71(3); |
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“subordinate legislation” has the same meaning as in the Interpretation |
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Powers to reform agricultural etc. bodies |
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78 | Power to establish boards |
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(1) | The appropriate authority may by order— |
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(a) | establish a body for a purpose or purposes falling within section 79, and |
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(b) | assign to it a function or functions falling within section 80. |
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(2) | The order must specify the area or areas in relation to which assigned functions |
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(3) | The areas which may be specified under subsection (2) are— |
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(a) | England or an area in England; |
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(b) | Wales or an area in Wales; |
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(c) | Scotland or an area in Scotland; |
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(d) | Northern Ireland or an area in Northern Ireland; |
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(e) | any combination of any of the areas mentioned in paragraphs (a) to (d). |
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“the appropriate authority” has the meaning given by section 87; |
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“board” means a body established by an order under this section; |
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“section 78 order” means an order under this section. |
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(5) | A board is to be known by a name specified in the order. |
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(6) | Schedule 8 contains provisions about the constitution of boards and related |
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79 | Permissible purposes of boards |
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(1) | The purposes referred to in section 78(1)(a) are— |
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(a) | increasing efficiency or productivity in an agricultural or related |
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(b) | improving marketing in an agricultural or related industry; |
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(c) | improving or developing services that an agricultural or related |
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industry provides or could provide to the community; |
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(d) | improving the ways in which an agricultural or related industry |
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contributes to sustainable development. |
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(2) | A section 78 order must specify— |
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(a) | the purpose or purposes for which the board is established, and |
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(b) | the industry to which the order relates. |
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(3) | For the purposes of subsection (2)(b), it does not matter whether the specified |
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industry is regarded for any other purpose as— |
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(b) | a group of industries, or |
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(c) | a sector or sectors of an industry. |
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(4) | “Agriculture” includes horticulture, fruit growing, seed growing, dairy |
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farming and livestock breeding and keeping, and the use of land as grazing |
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land, meadow land, osier land, market gardens and nursery grounds. |
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(5) | “Related industry” means an industry which is concerned with the production, |
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processing, manufacture, marketing or distribution of— |
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(a) | anything (including any creature alive or dead) produced in the course |
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(b) | any product which is derived to any substantial extent from anything |
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(6) | “Services” includes environmental and educational services. |
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