House of Commons

Wednesday 4th October 2006

Consideration of Bill

Road Safety Bill [Lords], As Amended

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Delegation of power to make level crossing orders

Mr Secretary Alexander

1

To move the following Clause:—

‘(1)	In paragraph 7 of Schedule 3 to the Railways Act 2005 (c. 14) (agreements by

Secretary of State and Office of Rail Regulation for that Office to carry out on his

behalf functions other than powers to make instruments of legislative character),

after sub-paragraph (3) insert—

“(4)	Sub-paragraph (3)(b) does not prevent the Secretary of State and the

Office of Rail Regulation from entering into an agreement for that

Office to carry out on his behalf the function of making orders under

section 1 of the Level Crossings Act 1983.”

(2)	Subsection (2) of section 13 of the Health and Safety at Work etc. Act 1974 (c. 37)

(agreements by Health and Safety Commission with Minister to perform functions

on his behalf not to be taken to authorise performance of powers to make

instruments of legislative character) is not to be taken to have prevented the

performance by the Health and Safety Executive (on behalf of the Health and

Safety Commission), in reliance on an agreement under subsection (1)(b) of that

section, of the function of making orders under section 1 of the Level Crossings Act

1983 (c. 16).’.

Mr Secretary Alexander

That Clause 50 be transferred to end of line 23 on page 56.

Mr Secretary Alexander

2

Page  61,  line  4  [Clause  57],  after ‘Sections’ insert ‘(Delegation of power to make

level crossing orders),’.

Mr Secretary Alexander

3

Page  61,  line  6  [Clause  57],  after ‘but’ insert—

‘(a)	section (Delegation of power to make level crossing orders)(2) does not

affect anything done or omitted to be done before that day, and

(b)

’.

Consideration of Bill: 4th October 2006

Road Safety Bill [], continued

Mr Secretary Alexander

4

Page  61,  line  12  [Clause  58],  leave out ‘Sections 10(3) and 15 and Schedule 4’ and

insert ‘Section 10(3) and Schedule 4, section 15 and section (Delegation of power to make

level crossing orders)(2)’.

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Revised 5 October 2006