Part 2Other provisions relating to public bodies

Delegation and shared services

28Shared services

(1)

A person to whom this section applies may make arrangements with any other person to provide administrative, professional or technical services to that person for purposes relating to the exercise of public functions in or as regards England or Wales.

(2)

This section applies to—

(a)

the Board of Trustees of the Royal Botanic Gardens, Kew;

(b)

the Environment Agency;

(c)

the Joint Nature Conservation Committee;

(d)

an internal drainage board;

(e)

the Marine Management Organisation;

(f)

Natural England;

(g)

a person not falling within paragraphs (a) to (f) who exercises a Welsh environmental function.

(3)

The Secretary of State’s consent is required for arrangements under subsection (1) involving a person who exercises a non-devolved function (whether or not the person also exercises a Welsh devolved function).

(4)

The Secretary of State may by order make provision about how the function of making arrangements in subsection (1) is to be discharged in the case of arrangements made by a person to whom this section applies who exercises a non-devolved function.

(5)

An order under subsection (4) requires the consent of the Welsh Ministers if the person referred to in subsection (4) also exercises a Welsh devolved function.

(6)

An order under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)

The Welsh Ministers’ consent is required for arrangements under subsection (1) involving a person who exercises a Welsh devolved function (whether or not the person also exercises a non-devolved function).

(8)

The Welsh Ministers may by order make provision about how the function of making arrangements in subsection (1) is to be discharged in the case of arrangements made by a person to whom this section applies who exercises a Welsh devolved function.

(9)

An order under subsection (8) requires the consent of the Secretary of State if the person referred to in subsection (8) also exercises a non-devolved function.

(10)

An order under subsection (8) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(11)

The provision referred to in subsections (4) and (8) includes provision about the extent to which a fee may be charged in respect of anything done under the arrangements.

(12)

The power to make arrangements under subsection (1) is without prejudice to any other power of a body to which this section applies to provide services to other persons.