Paragraph 7 I1

England, Wales and Scotland

(1)

Where the Secretary of State considers that any of his statutory or other functions can appropriately be carried out by the F1Office of Rail and Road in connection with the carrying out of its safety functions, he and that Office may enter into an agreement for that Office to carry out those functions on his behalf.

(2)

Where the Secretary of State considers that any of the statutory or other functions of—

(a)

a government department, or

(b)

any other public authority,

can appropriately be carried out by the Office of Rail and Road in connection with the carrying out of its safety functions, he may authorise the Office and that department or authority to enter into an agreement for that Office to carry out those functions on behalf of that department or authority.

(3)

An agreement under this paragraph—

(a)

may include provision for payments to be made to the Office of Rail and Road for the carrying out of the functions that it is authorised or required to carry out under the agreement; but

(b)

may not authorise or require the Office of Rail and Road to carry out any function consisting in a power to make regulations or other instruments of a legislative character.

F2(4)

Sub-paragraph (3)(b) does not prevent the Secretary of State and the Office of Rail and Road from entering into an agreement for that Office to carry out on his behalf the function of making orders under section 1 of the Level Crossings Act 1983.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 7 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 3(s)(iv)
F2: Sch. 3 para. 7(4) inserted (8.11.2006) by Road Safety Act 2006 (c. 49), ss. 51(1), 61(9)

Commencement

I1: Sch. 3 para. 7 in force at 1.4.2006 by S.I. 2006/266, art. 2(2), Sch.