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—

    1. a

      the MMO, if A is the Secretary of State;

    2. b

      an eligible body, if A is the MMO.

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.