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(1)If the condition in subsection (2) is met, the ONR may enter into an agreement with a Minister of the Crown, a government department or a public authority for the ONR to perform any function exercisable by the Minister, department or authority.
(2)The condition is that—
(a)the function is—
(i)a function of the Health and Safety Executive of investigating or making a special report under section 14 of the 1974 Act, or
(ii)a function of the Office of Rail Regulation of investigating or making a special report under paragraph 4 of Schedule 3 to the Railways Act 2005, or
(b)the Secretary of State considers that the function in question can appropriately be performed by the ONR.
(3)The functions to which an agreement under subsection (1) may relate—
(a)in the case of an agreement with a Minister of the Crown, include a function not conferred by an enactment;
(b)do not include any power to make regulations or other instruments of a legislative character.
(4)An agreement under subsection (1) may provide for functions to be performed with or without payment.
(5)The ONR may provide services or facilities, with or without payment, otherwise than for the ONR’s purposes, to a government department or public authority in connection with the exercise of that department’s or authority’s functions.
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