The Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001

Preliminary

Citation and commencement

1.—(1) This Order may be cited as the Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001.

(2) This Order shall come into force on 13th August 2001.

Interpretation

2.—(1) In this Order—

• “instrument”, without prejudice to the generality of that expression, includes Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents; and

• “property”, except in article 8, does not include immovable property.

(2) In this Order a reference to function of a Minister shall, in the case of a function which is exercisable by him jointly with another person or is otherwise shared by him with another person, be construed as a reference to his share in that function.

Incorporation of new Secretaries of State

Incorporation of the Secretary of State for Transport, Local Government and the Regions

3.—(1) The person who at the coming into force of this Order is the Secretary of State for Transport, Local Government and the Regions and any successors to that person shall be, by that name, a corporation sole.

(2) The corporate seal of the Secretary of State for Transport, Local Government and the Regions shall—

(a) be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and

(b) be officially and judicially noticed.

(3) Every document purporting to be an instrument made or issued by the Secretary of State for Transport, Local Government and the Regions and—

(a) to be sealed with his corporate seal authenticated in the manner provided by paragraph (2), or

(b) to be signed or executed by a person authorised by a Secretary of State to act in that behalf,

shall be received in evidence and deemed to be so made or issued without further proof, unless the contrary is shown.

(4) A certificate signed by the Secretary of State for Transport, Local Government and the Regions that any instrument purporting to be made or issued by—

(a) the Secretary of State for Transport, Local Government and the Regions,

(b) the Secretary of State for the Environment, Transport and the Regions,

(c) the Secretary of State for the Environment, or

(d) the Secretary of State for Transport,

was so made or issued shall be conclusive evidence of that fact.

(5) The Documentary Evidence Act 1868(1) shall apply in relation to the Secretary of State for Transport, Local Government and the Regions—

(a) as if references to orders and regulations included references to any document, and

(b) as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.

Incorporation of the Secretary of State for Environment, Food and Rural Affairs

4.—(1) The person who at the coming into force of this Order is the Secretary of State for Environment, Food and Rural Affairs and any successors to that person shall be, by that name, a corporation sole.

(2) The corporate seal of the Secretary of State for Environment, Food and Rural Affairs shall—

(a) be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and

(b) be officially and judicially noticed.

(3) Every document purporting to be an instrument made or issued by the Secretary of State for Environment, Food and Rural Affairs and to be—

(a) sealed with his corporate seal authenticated in the manner provided by paragraph (2), or

(b) signed or executed by a person authorised by a Secretary of State to act in that behalf,

shall be received in evidence and deemed to be so made or issued without further proof, unless the contrary is shown.

(4) A certificate signed by the Secretary of State for Environment, Food and Rural Affairs that any instrument purporting to be made or issued by—

(a) the Secretary of State for Environment, Food and Rural Affairs,

(b) the Secretary of State for the Environment, Transport and the Regions, or

(c) the Secretary of State for the Environment,

was so made or issued shall be conclusive evidence of that fact.

(5) The Documentary Evidence Act 1868(2) shall apply in relation to the Secretary of State for Environment, Food and Rural Affairs—

(a) as if references to orders and regulations included references to any document, and

(b) as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.

Transfer of functions from or to the Secretary of State

Transfer of certain functions of the Secretary of State

5.  The functions of the Secretary of State under section 29(4) of and paragraph 2 of Schedule 3 to the Channel Tunnel Rail Link Act 1996(3) are hereby transferred to the Secretary of State for Transport, Local Government and the Regions and the Secretary of State for Environment, Food and Rural Affairs, acting jointly.

Transfer of functions to Secretary of State

6.—(1) The function of the Secretary of State for the Environment, Transport and the Regions under section 7(6) of the Road Traffic Regulation Act 1984(4) is hereby transferred to the Secretary of State.

(2) The function of the Secretary of State for the Environment, Transport and the Regions under section 35(3)(a) of the Land Drainage Act 1991(5) is hereby transferred to the Secretary of State.

Transfers to Secretary of State for Transport, Local Government and the Regions

Transfer of functions to Secretary of State for Transport, Local Government and the Regions

7.—(1) The functions of the Secretary of State for the Environment, Transport and the Regions are hereby transferred to the Secretary of State for Transport, Local Government and the Regions.

(2) This article does not apply to any function transferred by article 6.

Transfer of certain immovable property

8.  All immovable property in the United Kingdom to which the Secretary of State for the Environment, Transport and the Regions is entitled at the coming into force of this Order is hereby transferred to the Secretary of State for Transport, Local Government and the Regions.

Transfer of property, rights and liabilities to Secretary of State for Transport, Local Government and the Regions

9.—(1) All property, rights and liabilities to which the Secretary of State for the Environment, Transport and the Regions is entitled or subject at the coming into force of this Order are hereby transferred to the Secretary of State for Transport, Local Government and the Regions.

(2) This article does not apply to any property, rights or liabilities which are transferred by article 11 or 13.

Transfers to Secretary of State for Transport, Local Government and the Regions: supplementary

10.—(1) This article applies to—

(a) the functions of the Secretary of State for the Environment, Transport and the Regions which are transferred by article 7, and

(b) those functions which were entrusted to that Secretary of State before 7th June 2001 and which have, before the making of this Order, been entrusted to the Secretary of State for Transport, Local Government and the Regions.

(2) This Order does not affect the validity of anything done before the coming into force of this Order by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with a function to which this article applies.

(3) Anything which has been, or has effect as if, done by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with—

(a) a function to which this article applies, or

(b) anything transferred by article 8 or 9,

shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the Secretary of State for Transport, Local Government and the Regions.

(4) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for the Environment, Transport and the Regions may, so far as it relates to—

(a) a function to which this article applies, or

(b) anything transferred by article 8 or 9,

be continued by or in relation to the Secretary of State for Transport, Local Government and the Regions.

(5) So far as may be necessary for the purposes of or in consequence of the transfer or entrusting to the Secretary of State for Transport, Local Government and the Regions of a function to which this article applies, an enactment or instrument passed or made before the coming into force of this Order shall have effect as if—

(a) any reference to the Secretary of State for the Environment, Transport and the Regions were a reference to the Secretary of State for Transport, Local Government and the Regions,

(b) any reference to the Department of the Environment, Transport and the Regions were a reference to the Department for Transport, Local Government and the Regions, and

(c) any reference to an officer of the Secretary of State for the Environment, Transport and the Regions were a reference to an officer of the Secretary of State for Transport, Local Government and the Regions.

The references to which this paragraph applies include any reference that is to be construed as a reference to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(6) Documents or forms printed for use in connection with a function to which this article applies may be used in connection with that function notwithstanding that they contain (or are to be construed as containing) references to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(7) For the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Transport, Local Government and the Regions, to his Department or to an officer of his.

Transfers to Secretary of State for Environment, Food and Rural Affairs

Transfer of property, rights and liabilities to Secretary of State for Environment, Food and Rural Affairs

11.—(1) All property, rights and liabilities to which the Secretary of State for the Environment, Transport and the Regions is entitled or subject at the coming into force of this Order in connection with the functions to which this article applies are hereby transferred to the Secretary of State for Environment, Food and Rural Affairs.

(2) This article applies to—

(a) the function of the Secretary of State for the Environment, Transport and the Regions which is transferred by article 6(2), and

(b) those functions which were entrusted to that Secretary of State immediately before 7th June 2001 and which have, before the making of this Order, been entrusted to the Secretary of State for Environment, Food and Rural Affairs.

Transfers to Secretary of State for Environment, Food and Rural Affairs: supplementary

12.—(1) This Order does not affect the validity of anything done before the coming into force of this Order by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with a function to which article 11 applies.

(2) Anything which has been, or has effect as if, done by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with—

(a) a function to which article 11 applies, or

(b) anything transferred by that article,

shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the Secretary of State for Environment, Food and Rural Affairs.

(3) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for the Environment, Transport and the Regions may, so far as it relates to—

(a) a function to which article 11 applies, or

(b) anything transferred by that article,

be continued by or in relation to the Secretary of State for Environment, Food and Rural Affairs.

(4) So far as may be necessary for the purposes of or in consequence of the transfer or entrusting to the Secretary of State for Environment, Food and Rural Affairs of a function to which article 11 applies, an enactment or instrument passed or made before the coming into force of this Order shall have effect as if—

(a) any reference to the Secretary of State for the Environment, Transport and the Regions were a reference to the Secretary of State for Environment, Food and Rural Affairs,

(b) any reference to the Department of the Environment, Transport and the Regions were a reference to the Department for Environment, Food and Rural Affairs, and

(c) any reference to an officer of the Secretary of State for the Environment, Transport and the Regions were a reference to an officer of the Secretary of State for Environment, Food and Rural Affairs.

The references to which this paragraph applies include any reference which is to be construed as a reference to the Secretary of State for the Environment, Transport and the Regions, to his Department or to any officer of his.

(5) Documents or forms printed for use in connection with a function to which article 11 applies may be used in connection with that function notwithstanding that they contain (or are to be construed as containing) references to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(6) For the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Environment, Food and Rural Affairs, to his Department or to an officer of his.

Transfers to Secretary of State for Trade and Industry

Transfer of property, rights and liabilities to Secretary of State for Trade and Industry

13.—(1) All property, rights and liabilities to which the Secretary of State for the Environment, Transport and the Regions is entitled or subject at the coming into force of this Order in connection with the functions to which this article applies are hereby transferred to the Secretary of State for Trade and Industry.

(2) This article applies to those functions which were entrusted to the Secretary of State for the Environment, Transport and the Regions immediately before 7th June 2001 and which have, before the making of this Order, been entrusted to the Secretary of State for Trade and Industry.

Transfers to Secretary of State for Trade and Industry: supplementary

14.—(1) This Order does not affect the validity of anything done before the coming into force of this Order by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with a function to which article 13 applies.

(2) Anything which has been, or has effect as if, done by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with—

(a) a function to which article 13 applies, or

(b) anything transferred by that article,

shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the Secretary of State for Trade and Industry.

(3) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for the Environment, Transport and the Regions may, so far as it relates to—

(a) a function to which article 13 applies, or

(b) anything transferred by that article,

be continued by or in relation to the Secretary of State for Trade and Industry.

(4) So far as may be necessary for the purposes of or in consequence of the entrusting to the Secretary of State for Trade and Industry of a function to which article 13 applies, an enactment or instrument passed or made before the coming into force of this Order shall have effect as if—

(a) any reference to the Secretary of State for the Environment, Transport and the Regions were a reference to the Secretary of State for Trade and Industry,

(b) any reference to the Department of the Environment, Transport and the Regions were a reference to the Department of Trade and Industry, and

(c) any reference to an officer of the Secretary of State for the Environment, Transport and the Regions were a reference to an officer of the Secretary of State for Trade and Industry.

The references to which this paragraph applies include any reference which is to be construed as a reference to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(5) Documents or forms printed for use in connection with a function to which article 13 applies may be used in connection with that function notwithstanding that they contain (or are to be construed as containing) references to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(6) For the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Trade and Industry, to his Department or to an officer of his.

Minor and consequential provisions

Immovable property outside the United Kingdom

15.—(1) The person from time to time holding office as the Secretary of State for Transport, Local Government and the Regions shall by virtue of that office—

(a) be Secretary of State for the Environment, Transport and the Regions so long as any immovable property outside the United Kingdom remains vested in that Secretary of State,

(b) be Secretary of State for the Environment so long as any such property remains vested in that Secretary of State(6),

(c) be Minister of Public Building and Works so long as any such property remains vested in that Minister(7), and

(d) be First Commissioner of Works so long as the Commissioners of Works have not been dissolved by Order in Council under the Minister of Works Act 1942(8).

(2) Section 5(1) to (3) and (5) of the Minister of Works Act 1942 (as set out with adaptations in Schedule 2 to the Secretary of State for the Environment Order 1970(9)) shall continue to apply to the Secretary of State for Transport, Local Government and the Regions as Minister of Public Building and Works.

Consequential amendments

16.  The enactments mentioned in the Schedule to this Order shall have effect with the amendments specified in that Schedule.

A K Galloway

Clerk of the Privy Council