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(1)The Secretary of State's power to make a delegation order under section 1252 which designates an existing body is exercisable in accordance with this section.
(2)The Secretary of State may make such a delegation order if it appears to him that—
(a)the body is able and willing to exercise the functions that would be transferred by the order, and
(b)the body has arrangements in place relating to the exercise of those functions which are such as to be likely to ensure that the conditions in subsection (3) are met.
(3)The conditions are—
(a)that the functions in question will be exercised effectively, and
(b)where the delegation order is to contain any requirements or other provisions specified under subsection (4), that those functions will be exercised in accordance with any such requirements or provisions.
(4)The delegation order may contain such requirements or other provision relating to the exercise of the functions by the designated body as appear to the Secretary of State to be appropriate.
(5)An existing body—
(a)may be designated by a delegation order under section 1252, and
(b)may accordingly exercise functions of the Secretary of State in pursuance of the order,
despite any involvement of the body in the exercise of any functions under arrangements within F1... paragraph 1 or 2 of Schedule 12.
Textual Amendments
F1Words in s. 1253(5) omitted (17.6.2016) by virtue of The Statutory Auditors and Third Country Auditors Regulations 2016 (S.I. 2016/649), reg. 1(1)(a), Sch. 3 para. 40(2)
Commencement Information
I1S. 1253 wholly in force at 6.4.2008; s. 1253 not in force at Royal Assent, see s. 1300; s. 1253 in force for specified purposes at 20.1.2007 by S.I. 2006/3428, art. 3(3) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); s. 1253 in force at 6.4.2008 by S.I. 2007/3495, art. 3(1)(u) (with savings in arts. 7, 12, Sch. 4 paras. 37-42)
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