The Transfer of Functions (Arts and Libraries) Order 1979

Citation, interpretation and commencement

1.—(1) This Order may be cited as the Transfer of Functions (Arts and Libraries) Order 1979.

(2) In this Order, “the Chancellor” means the Chancellor of the Duchy of Lancaster.

(3) In this Order “instrument” (without prejudice to the generality of that expression) includes in particular Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts, memoranda and articles of association, certificates and other documents.

(4) Any reference in this Order to a function of a Minister under an enactment includes a reference to the functions of that Minister under any instrument made under that enactment.

(5) This Order shall come into operation on 1st September 1979.

Transfer of functions

2.—(1) The functions of the Secretary of State under the enactments specified in Part I of the Schedule to this Order are hereby transferred to the Chancellor.

(2) The functions of the Secretary of State for Education and Science under the enactments specified in Part II of that Schedule are hereby transferred to the Chancellor.

(3) The functions of the Secretary of State for Education and Science so far as they are exercisable in relation to the museums and corporations specified in Part III of the Schedule to this Order are hereby transferred to the Chancellor.

(4) The power of the Secretary of State under section 10 of the British Museum Act 1963(1) to amend Part I of Schedule 3 to that Act is hereby transferred to the Chancellor.

3.—(1) Subject to paragraph (3) below, the functions of the Secretary of State under the Public Libraries and Museums Act 1964 are, so far as they are exercisable in relation to England, hereby transferred to the Chancellor.

(2) Without prejudice to paragraph (1) above, the functions of the Secretary of State under paragraph 4 of Schedule 1 to the Act of 1964 are, so far as exercisable on the dissolution of a joint board whose area does not include any part of Wales, hereby transferred to the Chancellor.

(3) The functions of the Secretary of State under section 9 of the Act of 1964 shall be exercisable concurrently with the Chancellor.

4.  The functions of the Secretary of State under section 324 of the Public Health Act 1936 so far as they are exercisable by virtue of section 10(5) of the Act of 1964 and are so exercisable in relation to England are hereby transferred to the Chancellor.

5.  The function of the Secretary of State under section 4(4) of the National Gallery and Tate Gallery Act 1954(2) of consenting to loans under section 4(1)(b) of that Act is hereby transferred to the Chancellor.

6.  The functions originally conferred on the Chancellor of the Exchequer by the Articles of Association of the British Film Institute are hereby transferred to the Chancellor of the Duchy of Lancaster.

Trusteeships

7.  In any case where the Secretary of State for Education and Science is immediately before the coming into operation of this Order the trustee of any property and it may reasonably be inferred that he is a trustee of that property by reason of his being a Minister of the Crown with responsibility for the Arts, the Chancellor is hereby substituted for the Secretary of State for Education and Science as trustee of that property.

Amendment of s. 2 of the Public Libraries and Museums Act 1964

8.  Section 2(2) of the Public Libraries and Museums Act 1964 shall be construed in relation to the Library Advisory Council for England as if the reference to the Department of Education and Science were a reference to the Office of the Chancellor and in relation to the Library Advisory Council for Wales as if that reference were a reference to a Department of the Secretary of State.

Supplemental

9.  The Documentary Evidence Act 1868 shall apply to the Chancellor as if his name were included in the first column of the Schedule to that Act and as if he or any person authorised 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 Chancellor.

10.  Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation by the Commissioner) shall have effect as if the Office of the Chancellor were included in the list of departments and other authorities set out therein.

11.—(1) This Order shall not affect the validity of anything done by or in relation to a Secretary of State before the coming into operation of this Order, and anything which at the time of the coming into operation of this Order is in process of being done by or in relation to a Secretary of State may if it relates to any functions transferred by this Order be continued by or in relation to the Chancellor.

(2) Any authority, approval, consent or direction given or other thing whatsoever done by any Minister for the purpose of any functions transferred by this Order shall if in force at the coming into operation of this Order have effect as if made or done by the Chancellor so far as that is required for continuing its effect thereafter.

(3) Any enactment or instrument passed or made before the coming into operation of this Order shall have effect so far as may be necessary for the purpose or in consequence of the transfers effected by this Order as if any reference to a Secretary of State or to the Department or an officer of a Secretary of State (including any reference which is to be construed as such a reference) were or included a reference to the Chancellor or to his Office or to an officer of his as the case may require.

N.E. Leigh

Clerk of the Privy Council