Constitutional Reform Act 2005

19 Transfer, modification or abolition of functions by order

(1) The Lord Chancellor may by order make provision for any of these purposes—

(a) to transfer an existing function of the Lord Chancellor to another person;

(b) to direct that an existing function of the Lord Chancellor is to be exercisable concurrently with another person;

(c) to direct that an existing function of the Lord Chancellor exercisable concurrently with another person is to cease to be exercisable by the Lord Chancellor;

(d) to modify an existing function of the Lord Chancellor;

(e) to abolish an existing function of the Lord Chancellor.

(2) An order under subsection (1) may in particular—

(a) amend or repeal any of the following—

(i) an enactment other than one contained in an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

(ii) subordinate legislation other than subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

(iii) any other instrument or document, including a prerogative instrument;

(b) include—

(i) any supplementary, incidental or consequential provision, and

(ii) any transitory, transitional or saving provision,

which the Lord Chancellor considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, provision made under subsection (1).

(3) The amendments that may be made by virtue of subsection (2)(a) are in addition to those made by or under any other provision of this Act.

(4) An order under subsection (1) may not include provision that may be made under section 1(1) of the Ministers of the Crown Act 1975 (c. 26) (power to transfer functions to other Ministers etc).

(5) An order under subsection (1) may not be made in relation to any function of the Lord Chancellor that is within Schedule 7.

(6) An order under subsection (1) may amend Schedule 7 so as to include any function which, by virtue of provision in the order—

(a) becomes exercisable by the Lord Chancellor concurrently with another person, or

(b) is modified.

(7) An order under subsection (1) may not, to the extent that it amends Schedule 7, be revoked by another order under subsection (1).

(8) In this section—

• “existing function” means any function other than one that is conferred by—

  (a)

  an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed, or

  (b)

  subordinate legislation made under an Act passed, or Northern Ireland legislation passed or made, after the Session in which this Act is passed;

• “prerogative instrument” means an Order in Council, warrant, charter or other instrument made under the prerogative.