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New Roads and Street Works Act 1991
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- 1991 c. 22
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Changes over time for: Cross Heading: Exercise of functions by third party
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- 28/07/2025
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New Roads and Street Works Act 1991, Cross Heading: Exercise of functions by third party is up to date with all changes known to be in force on or before 25 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1Exercise of functions by third partyU.K.
Textual Amendments
106HArrangements for third party to exercise functionsU.K.
(1)The Secretary of State may make arrangements for a prescribed person to exercise a relevant function of the Secretary of State.
(2)More than one person may be prescribed.
(3)Arrangements under this section may—
(a)provide for the Secretary of State to make payments to the person, and
(b)make provision as to the circumstances in which such payments are to be repaid to the Secretary of State.
(4)In the case of the exercise of a function by a person authorised by arrangements under this section to exercise that function, a reference in this Part or in regulations under this Part to the Secretary of State in connection with that function is to be read as a reference to that person.
(5)Arrangements under this section do not prevent the Secretary of State from exercising a function to which the arrangements relate.
(6)Except as otherwise prescribed and subject to section 106I, the disclosure of information between the Secretary of State and a person in connection with the person’s entering into arrangements under this section or exercise of functions to which such arrangements relate does not breach—
(a)an obligation of confidence owed by the person making the disclosure, or
(b)any other restriction on the disclosure of information (however imposed).
(7)Regulations under this section are subject to the affirmative procedure.
(8)In this section “relevant function” means a function of the Secretary of State conferred by or under this Part (including the function of charging or recovering fees under regulations under section 106E) other than—
(a)a power to make regulations, or
(b)a function under section 106E(4) (specifying of fees etc).
(9)If a person exercises the function of charging or recovering fees by virtue of arrangements under this section, the person must pay the fees to the Secretary of State, except to the extent that the Secretary of State directs otherwise.]
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