106F Providing information for purposes of regulations under section 106E
(1) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to provide information to the Secretary of State for either or both of the following purposes—
(a) assisting the Secretary of State in determining the provision that it is appropriate for regulations under section 106E(1) or a statement under section 106E(4) to make;
(b) assisting the Secretary of State in determining whether it is appropriate to make changes to such provision.
(2) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to provide information to the Secretary of State for either or both of the following purposes—
(a) ascertaining whether a fee is payable by a person under regulations under section 106E(1);
(b) working out the amount of a fee payable by a person.
(3) Regulations under subsection (1) or (2) may require an undertaker to notify the Secretary of State of any changes to information previously provided under the regulations.
(4) Regulations under subsection (1) or (2) may make provision about—
(a) when information is to be provided (which may be at prescribed intervals);
(b) the form and manner in which information is to be provided;
(c) exceptions to requirements to provide information.
(5) Regulations under subsection (1) or (2) are subject to the negative procedure.
Monetary penalties E+W
106G Monetary penalties
Schedule 5A makes provision about the imposition of penalties in connection with requirements imposed by regulations under sections 106E(1) and 106F(1) and (2).
Exercise of functions by third party E+W
106H Arrangements for third party to exercise functions
(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—
(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