113 Safeguarding independence of Crown entities

(1)

This Act does not authorise a Minister to direct a Crown entity, or a member, employee, or office holder of a Crown entity,—

(a)

in relation to a statutorily independent function; or

(b)

requiring the performance or non-performance of a particular act, or the bringing about of a particular result, in respect of a particular person or persons.

(2)

This Act does not change the way in which the following functions must be carried out under an entity’s Act:

(a)

statutorily independent functions in an entity’s Act; or

(b)

functions that are carried out by a person acting judicially in relation to a particular matter in accordance with an entity’s Act.

(3)

This section applies to all Ministerial directions given under this Act, including directions under section 107.

Section 113(3): amended, on 18 July 2013, by section 26 of the Crown Entities Amendment Act 2013 (2013 No 51).