Commentary Part 2: Other Provisions Relating to Public Bodies Section 26: Delegation of functions by Environment Agency
68.Section 26 provides for the Environment Agency to make arrangements to delegate its non-devolved functions to a person exercising Welsh environmental functions (A “non-devolved function” means a function that is not a Welsh devolved function). Subsection (2) provides that such arrangements require the consent of the Secretary of State and of Welsh Ministers.
69.Subsection (3) confers a power on the Secretary of State to make provision by order about such arrangements (including about the charging of fees in relation to the arrangements). This order-making power is subject to the consent of Welsh Ministers.
70.Subsection (4) provides that an order under subsection (3) is subject to the negative resolution procedure.