2.—(1) Subject to paragraph 8 of Schedule 3 to the Health Act 1999(1), the Regulator may delegate functions under this Order to—
(a)a member of the Regulator;
(b)a Panel or the MPTS;
(c)any other person if—
(i)the Regulator considers that the delegation is likely to lead to an improvement in the exercise of its functions, and
(ii)the person has agreed to the terms of the delegation.
(2) The functions that may be delegated under sub-paragraph (1) do not include any function of making rules under Schedule 4.
(3) The functions that may be delegated under sub-paragraph (1)(b) and (c) do not include the power conferred by that paragraph.
(4) A function may be delegated under sub-paragraph (1)—
(a)wholly or partly;
(b)generally or only in specific circumstances;
(c)unconditionally or subject to specific conditions.
(5) A delegation does not—
(a)prevent the Regulator from exercising the function or making other arrangements for its exercise;
(b)affect any liability or responsibility of the Regulator for the exercise of its functions.
(6) The Regulator may discharge a function delegated to it by another person.