F1F1PART 5ASUB-NATIONAL TRANSPORT BODIES
Functions
102KOther public authority functions
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.
- a
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)