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Public Bodies Bill [HL]

175ZA: Before Clause 20, insert the following new Clause— ““Restrictions on Ministerial powers (1) The modification or transfer of a function by an order under the preceding provisions of this Act must not prevent it (to the extent that it continues to be exercisable) from being exercised independently of Ministers in any of the following cases. (2) Those cases are— (a) where the function is a judicial function (whether or not exercised by a court or tribunal); (b) where the function’s exercise involves enforcement activities in relation to obligations imposed on a Minister; (c) where the function’s exercise otherwise constitutes the exercise of oversight or scrutiny of the actions of a Minister. (3) Provision made by an order under the preceding provisions of this Act must be proportionate to the reasons for the order. (4) In this section ““enforcement activities”” means— (a) the bringing of legal proceedings or the provision of assistance with the bringing of legal proceedings; (b) the carrying out of an investigation with a view to bringing legal proceedings or to providing such assistance; or (c) the taking of steps preparatory to any of those things.””