Commentary Part 1: General Order-Making Powers Section 5: Power to modify or transfer functions
24.Section 5 confers power on a Minister to make provision by order to modify the functions of a body or office-holder listed in Schedule 5, or to transfer a function of such a body or office-holder to an eligible person. Subsection (2) describes the modification of functions as including the conferral of new functions, the abolition of functions, or changes to the purpose for which, or conditions under which, functions are exercised. So, for example, an order under section 5 might give new functions to a body, while transferring some of its existing functions to a Minister or other eligible person.