Infrastructure Act 2015

47 Payment and notice schemes: supplementary provision

(1) Regulations under section 45 or 46 may make provision about the enforcement of relevant requirements, including provision for the imposition of financial penalties in respect of breach of relevant requirements.

(2) Regulations under section 45 or 46 may confer a function on—

(a) the Secretary of State, or

(b) any other person, apart from the Welsh Ministers.

(3) The functions that may be imposed include—

(a) a duty (including a restriction or prohibition);

(b) a function involving the exercise of a discretion;

(c) a requirement to consult.

(4) The provisions of sections 45 and 46 and this section which specify particular kinds of provision that may be made in regulations under section 45 or 46 do not limit the powers conferred by that section to make such regulations.

(5) The Secretary of State must carry out a review of sections 45 and 46 and the preceding provisions of this section as soon as reasonably practicable after the end of the period of 5 years beginning with the day on which they come into force.

(6) The Secretary of State must by regulations—

(a) repeal section 45, and make any consequential amendments (including repeals) of the other provisions of this Act that the Secretary of State considers appropriate, if the relevant conditions are met in relation to the power under section 45;

(b) repeal section 46, and make any consequential amendments (including repeals) of the other provisions of this Act that the Secretary of State considers appropriate, if the relevant conditions are met in relation to the power under section 46.

(7) The relevant conditions are met in relation to the power under section 45 or the power under section 46 if—

(a) that power is not exercised within the period of 7 years beginning with the day on which that section comes into force, and

(b) the Secretary of State is satisfied that there is no convincing case for retaining that power.