Constitutional Reform Act 2005

20 Protected functions not transferable under Ministers of the Crown Act 1975

(1) The Ministers of the Crown Act 1975 (c. 26) is amended as follows.

(2) In section 1 (power by Order in Council to transfer functions of Ministers), after subsection (5) insert—

“(6) This section does not apply to the functions of the Lord Chancellor that are within Schedule 7 to the Constitutional Reform Act 2005.

(7) An Order in Council under this section may amend Schedule 7 to the Constitutional Reform Act 2005 so as to include any function which, by virtue of provision in the Order in Council—

(a) is transferred to the Lord Chancellor,

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

(c) remains exercisable by the Lord Chancellor but ceases to be exercisable concurrently with another person.

(8) An Order in Council under this section may not, to the extent that it amends Schedule 7 to the Constitutional Reform Act 2005, be revoked by another Order in Council under this section.”

(3) After section 5(3) (Orders under Act to be revocable) insert—

“(3A) Subsection (3) is subject to section 1(8).”