Part 1General order-making powers

Restrictions on powers of Ministers and Welsh Ministers

21Restriction on transfer and delegation of functions

1

An order under the preceding provisions of this Act may not transfer any function to—

a

a charity, or

b

a person not otherwise exercising public functions who is not a charity,

unless the charity or person has consented.

2

An order under the preceding provisions of this Act may not transfer an excluded function to a person not otherwise exercising public functions.

3

In subsection (2) “excluded function” means—

a

a function of a tribunal exercising the judicial power of the State,

b

a power to make subordinate legislation,

c

a power of forcible entry, search or seizure,

d

a power to compel the giving of evidence, or

e

any other function the exercise or non-exercise of which would necessarily interfere with, or otherwise affect, the liberty of an individual.