Local Transport Act 2008

[F1 102K Other public authority functions E+W

(1) The Secretary of State may by regulations provide for functions that are exercisable by a public authority in relation to an area that is, or is to become, the area of an STB to be exercisable by the STB.

(2) Regulations under this section may be made—

(a) only in relation to functions that relate to transport, and

(b) only if the Secretary of State considers that the function can appropriately be exercised by the STB.

(3) For the purposes of subsection (2)(a), regulations under this section may be made in respect of a function that relates both to transport and to other matters only so far as the function is exercisable in relation to transport.

(4) Regulations under this section may make provision for a function to be exercisable by the STB either generally or subject to such conditions or limitations as may be specified in the regulations.

(5) Regulations under this section may make provision—

(a) for a function to be exercisable by the STB instead of by the public authority, or

(b) for a function to be exercisable by the STB jointly with the public authority.

(6) Regulations under this section in relation to an existing STB may be made only with the consent of the STB.

(7) In this section—

• “function” does not include a power to make regulations or other instruments of a legislative character;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “public authority”—

  (a)

  includes a Minister of the Crown or a government department;

  (b)

  does not include a local authority as defined by section 102J.]

Textual Amendments

F1 Pt. 5A inserted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 21, 25(2)