Exercise of road functions by concessionaire
24.—(1) A concession agreement may authorise the concessionaire to exercise on behalf of the Department such road functions to which this Article applies as may be specified in the agreement.
(2) For this purpose “road functions” means all functions in relation to the road subject to the concession which are exercisable by the Department and this Article applies to all such functions, except—
(a)powers to make orders or regulations under this Order;
(b)powers to make regulations or orders, or give directions, under the Road Traffic Order; and
(c)such other functions as may be prescribed by the Department by regulations.
(3) A road function exercisable by the concessionaire may be exercised by the Department only—
(a)in an emergency; or
(b)if it appears to the Department that such exercise is necessary or expedient in the interests of road safety; or
(c)if it appears to the Department that the concessionaire has failed or is unable properly to discharge the function in any respect;
and the Department shall not be liable for anything done or omitted by the concessionaire in the exercise or purported exercise of a road function.
(4) The Department may recover from the concessionaire the costs incurred by it in exercising in the circumstances mentioned in paragraph (3)(a), (b) or (c) a road function exercisable by the concessionaire.
(5) The concessionaire shall in the exercise of a road function act in accordance with the terms of the concession agreement; and the agreement may provide for the withdrawal of the concessionaire’s authority to exercise any such function.