Exercise of regulatory functions by bodies other than Secretary of State

Power of Secretary of State to appoint person to exercise functions
16
1
The Secretary of State may by regulations appoint the CAA or another person (the “appointed person”) to exercise any function conferred by or under this Act that is expressed (in whatever way) to be a function of the regulator.
2
A person may be appointed—
a
to exercise a function for particular purposes, in relation to particular activities or services or in relation to particular areas;
b
to exercise a function instead of, or concurrently with, the Secretary of State;
c
to exercise a function subject to conditions;
d
to exercise a function for a particular period.
3
More than one person may be appointed.
4
In sections 2 and 15 as they apply to an appointed person—
a
a reference to environmental objectives set by the Secretary of State is a reference to environmental objectives notified to the appointed person by the Secretary of State;
b
a reference to the interests of national security or international obligations of the United Kingdom is a reference to such interests or obligations that are notified to the appointed person by the Secretary of State.
5
The Secretary of State may give to an appointed person any directions that the Secretary of State considers to be necessary or expedient—
a
in the interests of national security, or
b
otherwise in the national interest.
6
If the CAA is appointed by virtue of this section to exercise functions under this Act, section 4 of the Civil Aviation Act 1982 (CAA's general objectives) does not apply in relation to its performance of those functions.
7
This section does not affect the Secretary of State's powers to enter into agreements or arrangements for the exercise by others of functions of the Secretary of State on his or her behalf.
8
In this Act (except in subsection (1)) “the regulator”—
a
in relation to functions that (by virtue of regulations under this section) are exercisable by an appointed person instead of the Secretary of State, means that person;
b
in relation to functions that (by virtue of those regulations) are exercisable by an appointed person concurrently with the Secretary of State, means that person or the Secretary of State;
c
in relation to functions that are not exercisable by an appointed person, means the Secretary of State.
S. 16(1)-(3)(6)(7) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(w)
S. 16(5) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(x)
S. 16(8) in force at 26.11.2018 by S.I. 2018/1224, reg. 2(y)
S. 16(4) in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 33 (with reg. 3)