The Secretaries of State for Education and Skills and for Work and Pensions Order 2002

Citation and commencement

1.—(1) This Order may be cited as the Secretaries of State for Education and Skills and for Work and Pensions Order 2002.

(2) This Order shall come into force on 27th June 2002.

Interpretation

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

Incorporation of the Secretary of State for Education and Skills

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

(2) The corporate seal of the Secretary of State for Education and Skills 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 Education and Skills 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 Education and Skills that any instrument purporting to be made or issued by—

(a) the Secretary of State for Education and Skills, or

(b) the Secretary of State for Education and Employment,

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 Education and Skills—

(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 Work and Pensions

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

(2) The corporate seal of the Secretary of State for Work and Pensions 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 Work and Pensions 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 Work and Pensions that any instrument purporting to be made or issued by—

(a) the Secretary of State for Work and Pensions, or

(b) the Secretary of State for Social Security,

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

(5) The Documentary Evidence Act 1868 shall apply in relation to the Secretary of State for Work and Pensions—

(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 certain functions to Secretary of State for Education and Skills

5.  The functions of the Secretary of State for Education and Employment under the following enactments are hereby transferred to the Secretary of State for Education and Skills—

(a) section 2(1) of the Commonwealth Institute Act 1958(2) (trustees), and

(b) paragraph 4(1)(c) of Schedule 1 to the Professions Supplementary to Medicine Act 1960(3) (constitution of boards).

Education functions

6.—(1) In this article “the education functions” means the functions which were entrusted to the Secretary of State for Education and Employment immediately before 7th June 2001 and have, before the making of this Order, been entrusted to the Secretary of State for Education and Skills.

(2) All property, rights and liabilities to which the Secretary of State for Education and Employment is entitled or subject at the coming into force of this Order in connection with the education functions are hereby transferred to the Secretary of State for Education and Skills.

(3) Any contract, offer, warrant or other thing which—

(a) has been, or has effect as if, made, issued or done by or in relation to the Secretary of State for Education and Employment in connection with the education functions, or anything transferred by paragraph (2), and

(b) is in force at the coming into force of this Order,

shall have effect as if made, issued or done by or in relation to the Secretary of State for Education and Skills.

(4) Without prejudice to paragraph (3), anything (including any 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 Education and Employment may, so far as it relates to—

(a) any of the education functions, or

(b) anything to which paragraph (2) or (3) relates,

be continued by or in relation to the Secretary of State for Education and Skills.

(5) Subject to article 12, any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of the entrusting to the Secretary of State for Education and Skills of the education functions, as if any reference to the Secretary of State for Education and Employment, to the Department for Education and Employment or to an officer of the Secretary of State for Education and Employment (including any reference which is to be construed as such a reference) were a reference to the Secretary of State for Education and Skills, to the Department for Education and Skills or, as the case may be, to an officer of the Secretary of State for Education and Skills.

(6) Documents or forms printed for use in connection with any of the education functions may be used in connection with those functions notwithstanding that they contain, or are to be construed as containing, references to the Secretary of State for Education and Employment, to the Department for Education and Employment or to an officer of the Department for Education and Employment; and 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 Education and Skills, to the Department for Education and Skills or, as the case may be, to an officer of the Secretary of State for Education and Skills.

Functions under Trading Representations (Disabled Persons) Act 1958

7.  The functions under section 1(2)(d) of the Trading Representations (Disabled Persons) Act 1958(4) (which relates to exemption) are hereby transferred to the Secretary of State.

Employment functions

8.—(1) In this article “the employment functions” means the functions which were entrusted to the Secretary of State for Education and Employment immediately before 7th June 2001 and have, before the making of this Order, been entrusted to the Secretary of State for Work and Pensions.

(2) All property, rights and liabilities to which the Secretary of State for Education and Employment is entitled or subject at the coming into force of this Order in connection with the employment functions are hereby transferred to the Secretary of State for Work and Pensions.

(3) Any contract, offer, warrant or other thing which—

(a) has been, or has effect as if, made, issued or done by or in relation to the Secretary of State for Education and Employment in connection with the employment functions, the function transferred by article 7 or anything transferred by paragraph (2), and

(b) is in force at the coming into force of this Order,

shall have effect as if made, issued or done by or in relation to the Secretary of State for Work and Pensions.

(4) Without prejudice to paragraph (3), anything (including any 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 Education and Employment may, so far as it relates to—

(a) any of the employment functions, or

(b) anything to which paragraph (2) or (3) relates,

be continued by or in relation to the Secretary of State for Work and Pensions.

(5) Subject to article 12, any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of the entrusting to the Secretary of State for Work and Pensions of the employment functions, as if any reference to the Secretary of State for Education and Employment, to the Department for Education and Employment or to an officer of the Secretary of State for Education and Employment (including any reference which is to be construed as such a reference) were a reference to the Secretary of State for Work and Pensions, to the Department for Work and Pensions or, as the case may be, to an officer of the Secretary of State for Work and Pensions.

(6) Documents or forms printed for use in connection with any of the employment functions may be used in connection with those functions notwithstanding that they contain, or are to be construed as containing, references to the Secretary of State for Education and Employment, to the Department for Education and Employment or to an officer of the Secretary of State for Education and Employment; and 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 Work and Pensions, to the Department for Work and Pensions or, as the case may be, to an officer of the Secretary of State for Work and Pensions.

Social security functions

9.—(1) In this article “the social security functions” means the functions which were entrusted to the Secretary of State for Social Security immediately before 7th June 2001 and have, before the making of this Order, been entrusted to the Secretary of State for Work and Pensions.

(2) All property, rights and liabilities to which the Secretary of State for Social Security is entitled or subject at the coming into force of this Order in connection with the social security functions are hereby transferred to the Secretary of State for Work and Pensions.

(3) Any contract, offer, warrant or other thing which—

(a) has been, or has effect as if, made, issued or done by or in relation to the Secretary of State for Social Security in connection with the social security functions or anything transferred by paragraph (2), and

(b) is in force at the coming into force of this Order,

shall have effect as if made, issued or done by or in relation to the Secretary of State for Work and Pensions.

(4) Without prejudice to paragraph (3), anything (including any 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 Social Security may, so far as it relates to—

(a) any of the social security functions, or

(b) anything to which paragraph (2) or (3) relates,

be continued by or in relation to the Secretary of State for Work and Pensions.

(5) Subject to article 12, any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of the entrusting to the Secretary of State for Work and Pensions of the social security functions, as if any reference to the Secretary of State for Social Security, to the Department of Social Security or to an officer of the Secretary of State for Social Security (including any reference which is to be construed as such a reference) were a reference to the Secretary of State for Work and Pensions, to the Department for Work and Pensions or, as the case may be, to an officer of the Secretary of State for Work and Pensions.

(6) Documents or forms printed for use in connection with any of the social security functions may be used in connection with those functions notwithstanding that they contain, or are to be construed as containing, references to the Secretary of State for Social Security, to the Department of Social Security or to an officer of the Secretary of State for Social Security; and 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 Work and Pensions, to the Department for Work and Pensions or, as the case may be, to an officer of the Secretary of State for Work and Pensions.

Work permit functions

10.—(1) In this article “the work permit functions” means the functions which were entrusted to the Secretary of State for Education and Employment immediately before 7th June 2001 and have, before the making of this Order, been entrusted to the Secretary of State for the Home Department.

(2) All property, rights and liabilities to which the Secretary of State for Education and Employment is entitled or subject at the coming into force of this Order in connection with the work permit functions are hereby transferred to the Secretary of State for the Home Department.

(3) Any contract, offer, warrant or other thing which—

(a) has been, or has effect as if, made, issued or done by or in relation to the Secretary of State for Education and Employment in connection with the work permit functions or anything transferred by paragraph (2), and

(b) is in force at the coming into force of this Order,

shall have effect as if made, issued or done by or in relation to the Secretary of State for the Home Department.

(4) Without prejudice to paragraph (3), anything (including any 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 Education and Employment may, so far as it relates to—

(a) any of the work permit functions, or

(b) anything to which paragraph (2) or (3) relates,

be continued by or in relation to the Secretary of State for the Home Department.

(5) Subject to article 12, any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of the entrusting to the Secretary of State for the Home Department of the work permit functions, as if any reference to the Secretary of State for Education and Employment, to the Department for Education and Employment or to an officer of the Secretary of State for Education and Employment (including any reference which is to be construed as such a reference) were a reference to the Secretary of State for the Home Department, to the Home Department or, as the case may be, to an officer of the Secretary of State for the Home Department.

(6) Documents or forms printed for use in connection with any of the work permit functions may be used in connection with those functions notwithstanding that they contain, or are to be construed as containing, references to the Secretary of State for Education and Employment, to the Department for Education and Employment or to an officer of the Secretary of State for Education and Employment; and 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 the Home Department, to the Home Department or, as the case may be, to an officer of the Secretary of State for the Home Department.

Functions under Greater London Council (General Powers) Act 1975

11.  The functions conferred by section 3 of the Greater London Council (General Powers) Act 1975(5) (protection for fire brigade in respect of certain substances) on the Secretary of State as defined for the purposes of that section are hereby transferred to the Secretary of State.

Consequential amendments

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

G. C. Donald

Deputy Clerk of the Privy Council