Section 81 Reserved functionsI1

(1)

An agreement may not authorise a designated body to perform a reserved function.

(2)

The reserved functions are—

(a)

any function whose performance by the designated body would be incompatible with the purposes for which the body was established;

(b)

any power of a Minister of the Crown to make or terminate appointments or lay reports or accounts;

(c)

any power to make subordinate legislation, give directions or guidance or issue codes of practice (or to vary or revoke any of those things);

(d)

any power to fix fees or charges other than a power prescribed for the purposes of this section by an order made by the Secretary of State;

(e)

any function of an accounting officer in his capacity as such;

(f)

except in relation to an agreement authorising a public body to perform functions—

(i)

any power to enter, inspect, take samples or seize anything, and

(ii)

any other power exercisable in connection with suspected offences;

(g)

any function of the Secretary of State under the Water Industry Act 1991 or under any subordinate legislation made under that Act.

F1(h)

any function as principal regulator of an exempt charity (within the meaning of F2 section 25 of the Charities Act 2011) .

(3)

The power to make an order under subsection (2)(d) is exercisable by statutory instrument.

(4)

A statutory instrument containing an order under subsection (2)(d) is subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations

Textual amendments

F1: S. 81(2)(h) inserted (1.6.2010) by The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 (S.I. 2010/501), reg. 1(1), Sch. para. 6
F2: Words in s. 81(2)(h) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 109 (with s. 20(2), Sch. 8)

Commencement

I1: S. 81 in force at 31.5.2006 by S.I. 2006/1382, art. 2