New Clause 5 — Agreements under section [Power to enter into agreements with eligible bodies]: particular powers

Oral Answers to Questions — Home Department – in the House of Commons at 4:45 pm on 26th October 2009.

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'(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) An IFC authority may, under an agreement, authorise an eligible body to perform a function even though, under the enactment or subordinate legislation conferring that function on the IFC authority,-

(a) the function is conferred on the IFC authority by reference to specified circumstances or cases and the same type of function is conferred on the eligible body in different specified circumstances or cases,

(b) the function is exercisable by the IFC authority and the eligible body jointly,

(c) the eligible body is required to be, or may be, consulted about the function (whether generally or in specified circumstances), or

(d) the eligible body is required to consent to the exercise of the function (whether generally or in specified circumstances).

(3) 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.

(4) Any eligible 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, authorise a committee, sub-committee, member, officer or employee of the body to perform the function on its behalf.

(5) Subject to subsection (4)(b), an eligible body which is authorised under an agreement to perform a function may not authorise any other body or person to perform that function.

(6) Section 177 (exemption from liability) applies in relation to any function which an eligible body is authorised under an agreement to perform as if the reference to an IFC authority were a reference to the eligible body.'.- ( Huw Irranca-Davies .)

Brought up, read the First and Second time, and added to the Bill.

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