sec.138Power to contract to perform private certifying functions

### sec.138 Power to contract to perform private certifying functions Subject to sections 140 and 141 — a private certifier may enter into a contract to perform private certifying functions; and a person or public sector entity (a private certifier employer ) who employs private certifiers may enter into a contract to provide the services of any of the private certifiers to perform private certifying functions for others. However, a local government can not enter into a contract mentioned in subsection (1) (b) . Subsection (2) does not prevent a local government from performing functions required of it under section 51 . A contract made under subsection (1) is an engagement of the private certifier or certifiers who, under the contract, are to perform private certifying functions. The person for whom private certifying functions are agreed to be performed under an engagement of a private certifier is the certifier’s client . s 138 ins 2006 No. 36 s 5 (sec.138-ssec.1) Subject to sections 140 and 141 — a private certifier may enter into a contract to perform private certifying functions; and a person or public sector entity (a private certifier employer ) who employs private certifiers may enter into a contract to provide the services of any of the private certifiers to perform private certifying functions for others. (sec.138-ssec.2) However, a local government can not enter into a contract mentioned in subsection (1) (b) . (sec.138-ssec.3) Subsection (2) does not prevent a local government from performing functions required of it under section 51 . (sec.138-ssec.4) A contract made under subsection (1) is an engagement of the private certifier or certifiers who, under the contract, are to perform private certifying functions. (sec.138-ssec.5) The person for whom private certifying functions are agreed to be performed under an engagement of a private certifier is the certifier’s client . - (a) a private certifier may enter into a contract to perform private certifying functions; and - (b) a person or public sector entity (a private certifier employer ) who employs private certifiers may enter into a contract to provide the services of any of the private certifiers to perform private certifying functions for others.