Infrastructure Act 2015

Valid from 05/03/2015

8 Exercise of delegated functions E+W

(1) A function to which an authorisation under section 7 relates may be exercised by—

(a) the authorised person, or

(b) an employee of that person.

(2) Anything done by, or in relation to, the authorised person or that person's employee in connection with the exercise of a function is to be treated as done by, or in relation to, the company.

(3) Subsection (2)—

(a) does not affect the rights and liabilities of the strategic highways company and the authorised person as between one another,

(b) does not make the strategic highways company liable under section 6 of the Human Rights Act 1998 in respect of any act (within the meaning of that section) of the authorised person or an employee of the authorised person if the act is of a private nature,

(c) does not prevent any civil proceedings which could otherwise be brought by or against the authorised person from being brought, and

(d) does not apply for the purposes of any criminal proceedings brought in respect of anything done by the authorised person or that person's employee.

(4) Schedule 15 to the Deregulation and Contracting Out Act 1994 (restrictions on disclosure of information) applies to an authorisation under section 7 as it applies to an authorisation of the Secretary of State under Part 2 of that Act (contracting out).

(5) In this section—

(a) “employee”, in relation to a body corporate, includes a director or other officer of the body;

(b) references to anything done include anything omitted to be done;

(c) references to the exercise of a function include the purported exercise of a function.