23 Power to transfer functions by Order in Council

23  Power to transfer functions by Order in Council

(1)     Her Majesty may by Order in Council—

(a)     provide for the transfer from the Secretary of State to the Board, or from the Board to the Secretary of State, of any transferable function,

(b)     provide that any transferable function of the Secretary of State is to be exercisable only with the concurrence of the Board or the Treasury, or is to cease to be exercisable only with that concurrence,

(c)     provide that any transferable function of the Board is to be exercisable only with the concurrence of the Secretary of State, or is to cease to be exercisable only with that concurrence, and

(d)     provide that any decision to which this paragraph applies—

(i)     is to be made by the Secretary of State rather than the Board, or by the Board rather than the Secretary of State, and

(ii)     is to be made subject to the provisions of Chapter II of Part I of the Social Security Act 1998, or subject to the provisions of Part II of this Act rather than the provisions of that Chapter.

(2)     In subsection (1) above “transferable function” means—

(a)     any function relating to contributions

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