Section 187: Transfer of functions and powers between levels of government
(1) A function or power of government at one level may be
transferred to a government at the other level by agreement
between the governments if—
(a) the function or power would be more effectively
performed or exercised by the receiving government;
and
(b) the transfer of the function or power is not prohibited by
the legislation under which it is to be performed or
exercised.
(2) If a function or power is transferred from a government at one
level to a government at the other level—
(a) arrangements shall be put in place to ensure that the
resources necessary for the performance of the function
or exercise of the power are transferred; and
(b) constitutional responsibility for the performance of the
function or exercise of the power shall remain with the
government to which it is assigned by the Fourth
Schedule.
transferred to a government at the other level by agreement
between the governments if—
(a) the function or power would be more effectively
performed or exercised by the receiving government;
and
(b) the transfer of the function or power is not prohibited by
the legislation under which it is to be performed or
exercised.
(2) If a function or power is transferred from a government at one
level to a government at the other level—
(a) arrangements shall be put in place to ensure that the
resources necessary for the performance of the function
or exercise of the power are transferred; and
(b) constitutional responsibility for the performance of the
function or exercise of the power shall remain with the
government to which it is assigned by the Fourth
Schedule.