Mother and Baby Institutions Payment Scheme Act 2023

Agreements relating to performance of certain functions of Chief Deciding Officer

11. (1) Subject to subsection (6), the Minister may by an agreement entered into with any person, upon such terms and conditions as may be specified in the agreement, provide for the performance by such person, subject to such terms and conditions (if any) as may be so specified, of such functions conferred on the Chief Deciding Officer by or under this Act as may be so specified.

(2) An agreement under this section may include provision for payments (if any) to be made to and the disposal of such payments by the person concerned for the purpose of the performance of a function specified in the agreement.

(3) Where an agreement under this section provides for the performance by a person of a specified function of the Chief Deciding Officer, the function concerned shall be deemed, so long as the agreement continues in force, to be conferred by this Act on the person concerned, to the extent, and subject to the terms and conditions, specified in the agreement.

(4) A function deemed under subsection (3) to be conferred on a person shall—

(a) be performable by the person in his or her own name but subject to the general superintendence and control of the Chief Deciding Officer, and

(b) continue to be conferred on the Chief Deciding Officer but shall be so conferred concurrently with the person so as to be capable of being performed by either of those persons.

(5) The application of subsection (3) to a function of the Chief Deciding Officer shall not remove or derogate from the Chief Deciding Officer’s responsibility to the Minister for the performance of the function.

(6) An agreement under this section shall not provide for the performance by the person concerned of the functions conferred upon the Chief Deciding Officer by sections 12 , 29 (3) and 53 .