Commentary Part 1: General Order-Making Powers Section 21: Restriction on transfer and delegation of functions
61.Section 21 restricts the order-making powers in the preceding provisions of the Act in respect of the transfer of functions. Firstly, a transfer may only be made to a charity or to a person not otherwise exercising public functions who is not a charity if that charity or person has consented (subsection (1)). Secondly, an order may not transfer a function specified in subsection (3) to a person not otherwise exercising public functions.