PART 9CO-OPERATION AND JOINT WORKING BY THE REGULATORY BODIES ETC.

I1180Delegating functions to another regulatory body

1

A regulatory body may delegate any of its relevant functions to the other regulatory body if they agree that such a delegation—

a

will have a positive effect on the manner in which the function is to be exercised, or

b

will assist the delegating body in achieving its general objectives.

2

But a function must not be delegated to the other regulatory body if the other body thinks that such a delegation may be detrimental to—

a

the manner in which the other body exercises its functions, or

b

the achievement of the other body's general objectives.

3

Despite subsection (1), SCW may not delegate—

a

its rule-making functions, or

b

its functions relating to fitness to practise proceedings.

4

A delegation under subsection (1) may be on such terms and conditions (including terms as to payment) as may be agreed between the regulatory bodies.

5

A function may be delegated under subsection (1) wholly or to any lesser extent as may be agreed by the regulatory bodies.

6

A delegation under subsection (1) does not affect—

a

any liability or responsibility of the body delegating the function for its exercise, nor

b

the ability of that body to exercise that function or make other arrangements in relation to it.