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Functions of partner and State authority.
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4.—(1) For so long as it continues in force, a public private partnership arrangement shall operate to confer on the partner concerned the functions of the State authority specified in the arrangement, subject to any terms and conditions so specified.
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(2) A function conferred on a partner by a public private partnership arrangement—
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(a) may be performed by the partner in the partner's own name, subject to the general superintendence and control of the State authority concerned, and
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(b) shall, notwithstanding such arrangement, continue to be vested in the State authority concerned concurrently with the partner and may be performed by either or both of them.
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(3) The conferral of a function of a Minister of the Government on a partner by a public private partnership arrangement shall not affect the Minister's responsibility to Dáil Éireann or as a member of the Government for the performance of the function.
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(4) In this section “functions”, in relation to a State authority, includes functions of any other State authority to be performed by it pursuant to an agreement or arrangement duly made by it with that other authority.
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