Marine and Coastal Access Act 2009

17 Non-delegable functions U.K.

(1) An agreement may not authorise a body to which this section applies to perform a non-delegable function.

(2) The bodies are—

(a) the MMO;

(b) an eligible body.

(3) The non-delegable functions are—

(a) any function whose performance by the body would be incompatible with the purposes for which the body was established;

(b) any power of a Minister of the Crown to make or terminate appointments, other than appointments of persons for the purpose of enforcing any legislation other than this Act or subordinate legislation made under it;

(c) any power of a Minister of the Crown to lay reports or accounts;

(d) any power to make subordinate legislation, give directions or guidance or issue codes of practice (or to vary or revoke any of those things);

(e) 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;

(f) any function of an accounting officer acting in that capacity;

(g) 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;

(h) any function of the Secretary of State under the Water Industry Act 1991 (c. 56) or under any subordinate legislation made under that Act.

Commencement Information

I1 S. 17 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 2