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(d) any power to fix fees or charges other than a power prescribed for the purposes of this section by an order made by the Secretary of State;
(e) any function of an accounting officer in his capacity as such;
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(f) except in relation to an agreement authorising a public body to perform functions—
(i) any power to enter, inspect, take samples or seize anything, and
(ii) any other power exercisable in connection with suspected offences;
(g) any function of the Secretary of State under the Water Industry Act 1991 or under any subordinate legislation made under that Act.
(3) The power to make an order under subsection (2)(d) is exercisable by statutory instrument.
(4) A statutory instrument containing an order under subsection (2)(d) is subject to annulment in pursuance of a resolution of either House of Parliament.'. —[Jim Knight.]
Brought up, read the First and Second time, and added to the Bill.
'The maximum period for which an agreement may authorise a designated body to perform—
(a) a DEFRA function, or
(b) a function that is related to or connected with a DEFRA function,
is 20 years.'. —[Jim Knight.]
Brought up, read the First and Second time, and added to the Bill.
'(1) Nothing in this Chapter prevents a designated body from being authorised to perform a function conferred on that body by or under this Act or an Act passed after the passing of this Act.
(2) The Secretary of State or a designated body ("A") may, under an agreement, authorise a designated body ("B") to perform a function even though under the relevant enactments or subordinate legislation—
(a) the function is conferred on A by reference to specified circumstances or cases and the same type of function is conferred on B in different specified circumstances or cases,
(b) the function is exercisable by A and B jointly,
(c) B is required to be, or may be, consulted about the function (whether generally or in specified circumstances), or
(d) B is required to consent to the exercise of the function (whether generally or in specified circumstances).
(3) An agreement may provide—
(a) for the performance of a function to be subject to the fulfilment of conditions;
(b) for payments to be made in respect of the performance of the function.
(4) A designated body which is authorised under an agreement to perform a function—
(a) is to be treated as having power to do so;
(b) may, unless (or except to the extent that) the agreement provides for this paragraph not to apply—
(i) authorise a committee, sub-committee, member, officer or employee of the body to perform the function on its behalf;
(ii) form a body corporate and authorise that body to perform the function on its behalf.
(5) However, where the designated body is a local authority—
(a) subsection (4)(a) is subject to section (Agreements with local authorities)(5)(a), and
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(b) that section applies in place of subsection (4)(b).
(6) Subject to subsection (4)(b) and section (Agreements with local authorities), a designated body which is authorised under an agreement to perform a function may not authorise any other body or other person to perform that function.'.—[Jim Knight.]
Brought up, read the First and Second time, and added to the Bill.
'(1) This section applies where a local authority is authorised under an agreement to perform a function.
(2) Subject to subsection (5), the function that the local authority is authorised to perform is to be treated as a function of the local authority for the purposes of—
(a) any power of a local authority to arrange for the discharge of the function by any person mentioned in subsection (3), and
(b) any power of a person mentioned in subsection (3) to arrange for the discharge of a function by any other person mentioned there.
(3) The persons are any committee, sub-committee, member, officer or employee of the local authority.
(4) "Committee" does not include a joint committee of two or more local authorities.
(5) If the local authority is operating executive arrangements—
(a) the function is to be treated as a function of the local authority for the purposes of section 13 of the Local Government Act 2000, and
(b) if (or to the extent that) the function is the responsibility of the executive of the local authority—
(i) subsection (2) does not apply, and
(ii) sections 14 to 16 of the 2000 Act, and any regulations made under sections 17 and 18 of the 2000 Act, apply.
(6) "Executive arrangements" and "executive" have the same meaning as in Part 2 of the 2000 Act.
(7) An agreement may provide that the provisions of subsection (2) or those mentioned in (5)(b)(ii) do not apply (or do not apply to a specified extent).'. —[Jim Knight.]
Brought up, read the First and Second time, and added to the Bill.
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