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Ministers of the Crown Act 1975

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This is the original version (as it was originally enacted).

Schedules

Schedule 1Provisions Applying to Certain Ministers and Their Departments

1The Minister shall take the oath of allegiance, and the official oath, and the Promissory Oaths Act 1868 shall have effect as if the name of the Minister were included in Part I of the Schedule to that Act.

2The Minister may appoint such secretaries, officers and servants as he may with the consent of the Minister for the Civil Service determine.

3There shall be paid to the secretaries (other than any Parliamentary Secretary), officers and servants appointed by the Minister such salaries or remuneration as the Minister for the Civil Service may determine.

4The expenses of the Minister, including any salaries or remuneration payable under paragraph 3 of this Schedule, shall be defrayed out of money provided by Parliament.

5The Minister shall for all purposes be a corporation sole, and shall have an official seal, which shall be authenticated by the signature of the Minister or of a secretary to the Ministry or of any person authorised by the Minister to act in that behalf.

6The seal of the Minister shall be officially and judicially noticed, and every document purporting to be an instrument made or issued by the Minister and to be sealed with the seal of the Minister authenticated in the manner provided by paragraph 5 of this Schedule or to be signed or executed by a secretary to the Ministry or any person authorised as aforesaid, shall be received in evidence and be deemed to be so made or issued without further proof, unless the contrary is shown.

7A certificate signed by the Minister that any instrument purporting to be made or issued by him was so made or issued shall be conclusive evidence of that fact.

8The Documentary Evidence Act 1868 shall apply to the Minister as if his name were included in the first column of the Schedule to that Act, and as if he or a secretary to the Ministry or any person authorised by him to act on his behalf were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any document issued by the Minister.

Schedule 2Functions of Minister of Overseas Development

Part IEnactments Conferring Functions Exercisable by Minister Alone

12, 13 & 14 Geo. 6. c. 4.The Judges Pensions (India and Burma) Act 1948.
12, 13 & 14 Geo. 6. c. 50.The Colonial Loans Act 1949: section 1, subsection (2) and so much of subsection (3) as empowers the Secretary of State to grant approval as mentioned in paragraph (b) of that subsection.
6 & 7 Eliz. 2. c. 14.The Overseas Service Act 1958, except the provisions mentioned in Part II of this Schedule.
7 & 8 Eliz. 2. c. 23.The Overseas Resources Development Act 1959.
7 & 8 Eliz. 2. c. 71.

The Colonial Development and Welfare Act 1959, except the following in so far as they confer functions on the Secretary of State, namely—

(a) in section 2, so much of subsection (1) as relates to the approval of development programmes and so much of subsection (3) as relates to provision for the matters referred to in paragraphs (a) and (b) of that subsection;

(b) section 5.

8 Eliz. 2. c. 6.The Commonwealth Scholarships Act 1959.
8 & 9 Eliz. 2. c. 40.The Commonwealth Teachers Act 1960.
9 Eliz. 2. c. 1.The Indus Basin Development Fund Act 1960.
1963 c. 40.The Commonwealth Development Act 1963: section 2(3).
1965 c. 38.The Overseas Development and Service Act 1965: section 2.
1966 c. 21.The Overseas Aid Act 1966.
1968 c. 57.The Overseas Aid Act 1968.
1969 c. 36.The Overseas Resources Development Act 1969.
1971 c. 56.The Pensions (Increase) Act 1971: sections 10, 11, UA and 12.
1972 c. 40.The Overseas Investment and Export Guarantees Act 1972: section 3.
1973 c. 21.The Overseas Pensions Act 1973.

Part IIEnactments Conferring Functions Exercisable Concurrently with the Secretary of State

6 & 7 Eliz. 2. c. 14.The Overseas Service Act 1958: so much of section 1 as empowers the Secretary of State to make appointments, and the proviso to section 5(2).

Schedule 3Repeals

ChapterShort TitleExtent of Repeal
9 & 10 Geo. 6.Ministers of the Crown (Transfer of Functions) Act 1946.The whole Act so far as unrepealed.
1964 c. 98.Ministers of the Crown Act 1964.The whole Act, so far as unrepealed.
5 & 6 Eliz. 2. c. 20.House of Commons Disqualification Act 1957.Section 2(3).
1974 c. 21.Ministers of the Crown Act 1974.The whole Act, so far as unrepealed.

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