Commentary on Sections General provisions about functions Section 4: Regulator’s functions
43.The Regulator has both the functions which are transferred to it from Opra (also see section 7 for detail on the transfer of Opra’s powers) and other functions conferred on to it by the Act and any other enactments.
44.This section sets out further detail on how the Regulator will discharge its functions. The non-executive functions set out in section 8(4) must, by virtue of section 8(2) be discharged by the committee established under section 8. It also reserves the discharge of certain of the Regulator’s regulatory functions to a special committee called the Determinations Panel established under section 9. The Regulator’s general power to delegate certain functions is subject to the Secretary of State’s power to make regulations limiting such delegation (see paragraph 21 of Schedule 1).
45.The Regulator will also be able to act, as Opra does now, as a prosecutor. No specific legislative provision is required to permit this.