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.