Part 1The Marine Management Organisation
Chapter 3Agreements involving the MMO for the exercise of functions
Supplementary provisions
I119Particular powers
1
The fact that a function is conferred by or under this Act or an Act passed after the passing of this Act does not prevent it from being the subject of an agreement.
2
In subsection (3)—
“A” means the Secretary of State or the MMO;
“B” means—
- a
the MMO, if A is the Secretary of State;
- b
an eligible body, if A is the MMO.
- a
3
A may, under an agreement, authorise B to perform a function even though, under the enactment or subordinate legislation conferring that function on A,—
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).
4
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.
5
In the following provisions of this section “relevant body” means—
a
the MMO;
b
any eligible body.
6
A relevant 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.
7
Where the eligible body is a harbour authority which is a local authority—
a
subsection (6)(a) is subject to section 20(5), and
b
section 20 applies in place of subsection (6)(b).
8
Subject to subsection (6)(b) and section 20, a relevant body which is authorised under an agreement to perform a function may not authorise any other body or person to perform that function.