Penalties as an alternative to prosecution14Delegation of functions
In section 115A of the Administration Act (penalty as an alternative to prosecution), after subsection (7) there shall be inserted—
“(7A) Subject to subsection (7B) below, the Secretary of State and an authority which administers housing benefit or council tax benefit may agree that, to the extent determined by the agreement, one may carry out on the other's behalf, or may join in the carrying out of, any of the other's functions under this section.
(7B) Subsection (7A) above shall not authorise any delegation of—
(a) the function of the person by whom any overpayment is recoverable, or to whom it is due, of determining whether or not a notice should be given under subsection (2) above in respect of that overpayment; or
(b) the Secretary of State's power to make regulations for the purposes of paragraph (b) of that subsection.”