Section 21 Restriction 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.