s 21 Restriction on transfer and delegation of functions
(1) An order under the preceding provisions of this Act may not transfer any function to— (a) a charity, or (b) a person not otherwise exercising public functions who is not a charity, unless the charity or person has consented. (2) An order under the preceding provisions of this Act may not transfer an excluded function to a person not otherwise exercising public functions. (3) In subsection (2) “ excluded function ” means— (a) a function of a tribunal exercising the judicial power of the State, (b) a power to make subordinate legislation, (c) a power of forcible entry, search or seizure, (d) a power to compel the giving of evidence, or (e) any other function the exercise or non-exercise of which would necessarily interfere with, or otherwise affect, the liberty of an individual.