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The Secretary of State for the Environment, Transport and the Regions Order 1997

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Transfers of functions

3.—(1) Subject to the following provisions of this article, there are hereby transferred to the Secretary of State for the Environment, Transport and the Regions—

(a)the functions of the Secretary of State for the Environment,

(b)the functions of the Secretary of State for Transport, and

(c)the functions exercisable by the Secretary of State for the Environment and the Secretary of State for Transport jointly.

(2) Subject to paragraphs (4) and (5), the functions exercisable by—

(a)the Secretary of State for the Environment,

(b)the Secretary of State for Transport, or

(c)the Secretary of State for the Environment and the Secretary of State for Transport,

jointly with any other Minister (or Ministers) are hereby transferred to the Secretary of State for the Environment, Transport and the Regions so as to be exercisable by him jointly with that Minister (or, as the case may be, those Ministers).

(3) Subject to paragraphs (4) and (5), the following functions are hereby transferred to the Secretary of State—

(a)the functions of the Secretary of State for Transport, under section 49(2) of the Goods Vehicle (Licensing of Operators) Act 1995(1) (power to specify form of certificate of qualification relating to road transport undertakings in other member States), and

(b)the functions exercisable by the Secretary of State for the Environment and the Secretary of State for Transport jointly under the Channel Tunnel Rail Link Act 1996 (“the 1996 Act”)(2).

(4) The functions under the 1996 Act which are exercisable by the Secretary of State for the Environment and the Secretary of State for Transport jointly with any other Minister (or Ministers) are hereby transferred to the Secretary of State so as to be exercisable by him jointly with that Minister (or, as the case may be, those Ministers).

(5) The functions under paragraph 2 of Part II of Schedule 15 to the 1996 Act (no removal of apparatus of statutory undertakers except under a certificate of authority issued by the appropriate Ministers), which are exercisable by the Secretary of State for Transport jointly with either the Secretary of State for the Environment or the Secretary of State for Trade and Industry, shall be exercisable—

(a)in cases relating to apparatus belonging to, or maintained by, electricity or gas undertakers, by the Secretary of State for the Environment, Transport and the Regions jointly with the Secretary of State for Trade and Industry, and

(b)in any other case, by the Secretary of State.

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