10. (1) If any function of a public body should, in its opinion, be performed (whether generally or in a particular case) by the Agency and the Agency is able and willing to perform the function, the Agency and the public body may enter into an agreement for the Agency to perform the function on the public body’s behalf.

(2) If an agreement is entered into for the Agency to perform a function of a public body, the Agency may—

(a) perform the function on behalf of the public body in accordance with the agreement, and

(b) do any act or thing relating to the performance of that function that the public body would be authorised by law to do if it performed the function.

(3) If any function of the Agency should, in its opinion be performed (whether generally or in a particular case) by a public body and that body is able and willing to perform the function, the public body and the Agency may enter into an agreement for the public body to perform the function on the Agency’s behalf.

(4) If an agreement is entered into for a public body to perform a function of the Agency, the public body may—

(a) perform the function on the Agency’s behalf in accordance with the agreement, and

(b) do any act or thing relating to the performance of that function that the Agency would be authorised by law to do if it performed the function.

(5) An agreement under this section may contain terms and conditions relating to—

(a) the extent to which and the period for which a party to the agreement is authorised to perform the function of that other party to the agreement,

(b) the making of payments or the transfer of financial responsibility, and

(c) such other matters as are considered necessary to give effect to the agreement.

(6) An agreement under this section may provide for charges payable by the party on whose behalf the function is to be performed to the other party to the agreement.

(7) The power of a local authority to enter into an agreement under this section is a reserved function within the meaning of section 131 of the Local Government Act 2001, of a local authority.