Student Support Act 2011

13.

Agreements relating to performance of certain functions.

13.— (1) Subject to subsection (7), an awarding authority may by an agreement in writing 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 awarding authority by or under this Act as may be so specified.

(2) An agreement under this section may include provision for the 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) An agreement under this section shall operate, so long as it continues in force, to confer on and vest in the person concerned, to the extent and subject to the terms and conditions specified in the agreement, the function so specified.

(4) A function conferred on a person by an agreement under this section shall be performable by the person in his or her own name but subject to the general superintendence and control of the awarding authority.

(5) A function conferred on a person by an agreement under this section shall, notwithstanding the agreement concerned, continue to be vested in the awarding authority but shall be so vested concurrently with the person on whom it is conferred by that agreement and so as to be capable of being performed by either of those persons.

(6) The conferral on a person by an agreement under this section of a function of the awarding authority shall not remove or derogate from the authority’s responsibility to the Minister for the performance of the function.

(7) Before entering an agreement under subsection (1) an awarding authority shall, in relation to the agreement and any terms and conditions contained therein—

( a) consult with the relevant Minister, and

( b) obtain the prior approval of the Minister and the Minister for Finance.