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The Transfer of Functions (Transport, Local Government and the Regions) Order 2002

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Preliminary

Citation and commencement

1.—(1) This Order may be cited as the Transfer of Functions (Transport, Local Government and the Regions) Order 2002.

(2) This Order comes into force on 25th November 2002.

Interpretation

2.—(1) 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.

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

(3) Any reference in this Order to the functions of a Minister under an enactment includes a reference to the functions of that Minister under an instrument having effect under that enactment.

Incorporation of First Secretary of State

Incorporation of the First Secretary of State

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

(2) The corporate seal of the First Secretary of State 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 First Secretary of State 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.

Transfer of functions to the Secretary of State

Transfer of functions to the Secretary of State

4.  The functions of the Secretary of State for Transport, Local Government and the Regions under—

(a)section 4 of the Local Government, Planning and Land Act 1980(1), and

(b)section 74 of the Road Traffic Regulation Act 1984(2),

are hereby transferred to the Secretary of State.

Transfer of joint highways functions

Transfer of joint highways functions

5.  The functions under sections 258 and 300(2) of the Highways Act 1980(3) and paragraphs 7, 8, 14, 15, 18, 19 and 21 of Schedule 1 to that Act, so far as exercisable by the Secretary of State for Transport, Local Government and the Regions and the Secretary of State acting jointly, are hereby transferred to the Secretary of State for the time being having general responsibility in transport matters in relation to England and (if different) the Secretary of State for the time being having general responsibility in planning matters in relation to England acting jointly.

Transfers to the Secretary of State for Transport

Transfer of functions to the Secretary of State for Transport

6.—(1) The functions of the Secretary of State for Transport, Local Government and the Regions under the New Forest Act 1949(4), the New Forest Act 1964(5) and the New Forest Act 1970(6) are hereby transferred to the Secretary of State for Transport.

(2) There are hereby transferred to the Secretary of State for Transport the functions conferred by the Town and Country Planning Act 1990(7) on the Secretary of State for Transport, Local Government and the Regions as “the appropriate Minister” under section 265(1)(d) in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour, pier or lighthouse undertaking, the Civil Aviation Authority, a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000(8), or a relevant airport operator (within the meaning of Part 5 of the Airports Act 1986(9).

Transfer of property, rights and liabilities to Secretary of State for Transport

7.—(1) All property, rights and liabilities to which the Secretary of State for Transport, Local Government 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 Transport.

(2) This article applies to—

(a)the functions transferred by articles 4, 5 and 6, and

(b)those functions which were entrusted to the Secretary of State for Transport, Local Government and the Regions immediately before 28th May 2002 and which have, before the making of this Order, been entrusted to the Secretary of State for Transport.

Transfers to Secretary of State for Transport: supplementary

8.—(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 Transport, Local Government and the Regions in connection with a function to which article 7 applies.

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

(a)a function to which article 7 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 Transport or, as the case may be, that Secretary of State and the First Secretary of State acting jointly.

(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 Transport, Local Government and the Regions may, so far as it relates to—

(a)a function to which article 7 applies, or

(b)anything transferred by that article,

be continued by or in relation to the Secretary of State for Transport or, as the case may be, that Secretary of State and the First Secretary of State acting jointly.

(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 Transport of a function to which article 7 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 Transport, Local Government and the Regions were a reference to the Secretary of State for Transport,

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

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

The references to which this paragraph applies include any reference that is to be construed as a reference to the Secretary of State for Transport, Local Government 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 7 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 Transport, Local Government 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 Transport, to his Department or to an officer of his.

Transfers to the Secretary of State for Work and Pensions

Transfer of property, rights and liabilities to the Secretary of State for Work and Pensions

9.—(1) All property, rights and liabilities to which the Secretary of State for Transport, Local Government and the Regions or the Secretary of State for Transport 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 Work and Pensions.

(2) This article applies to the functions which were entrusted to the Secretary of State for Transport, Local Government and the Regions immediately before 28th May 2002 and which have, before the making of this Order, been entrusted to the Secretary of State for Work and Pensions (which include functions which were entrusted to the Secretary of State for Transport immediately before 24th July 2002).

Transfers to the Secretary of State for Work and Pensions: supplementary

10.—(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 Transport, Local Government and the Regions or the Secretary of State for Transport in connection with a function to which article 9 applies.

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

(a)a function to which article 9 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 Work and Pensions.

(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 Transport Local Government and the Regions or the Secretary of State for Transport may, so far as it relates to—

(a)a function to which article 9 applies, or

(b)anything transferred by that article,

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

(4) 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 any of the functions to which article 9 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 Transport, Local Government and the Regions or the Secretary of State for Transport were a reference to the Secretary of State for Work and Pensions,

(b)any reference to the Department for Transport, Local Government and the Regions or the Department for Transport were a reference to the Department for Work and Pensions, and

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

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

(5) Documents or forms printed for use in connection with any of the functions to which article 9 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 Transport, Local Government and the Regions or the Secretary of State for Transport, 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 refernces to the Secretary of State for Work and Pensions, to his Department or to an officer of his.

Transfers to the Lord Chancellor

Functions to be exercisable by the Lord Chancellor

11.—(1) The functions of the Secretary of State under the enactments listed in Schedule 1 shall be exercisable concurrently with the Lord Chancellor.

(2) The function of the Secretary of State for Transport, Local Government and the Regions under section 2(2)(b) of the Political Parties, Elections and Referendums Act 2000(10) (membership of Speaker’s Committee) is hereby transferred to the Lord Chancellor.

Transfer of property, rights and liabilities to the Lord Chancellor

12.—(1) All property, rights and liabilities to which the Secretary of State for Transport, Local Government 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 Lord Chancellor.

(2) This article applies to—

(a)the functions to which paragraph (1) of article 11 applies which, as regards their exercise by the Secretary of State, have, before the making of this Order, been entrusted to a Secretary of State other than the First Secretary of State, and

(b)the function transferred by paragraph (2) of that article.

Transfers to the Lord Chancellor: supplementary

13.—(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 Transport, Local Government and the Regions in connection with a function to which article 12 applies.

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

(a)a function to which article 12 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 Lord Chancellor.

(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 Transport, Local Government and the Regions may, so far as it relates to—

(a)a function to which article 12 applies, or

(b)anything transferred by that article,

be continued by or in relation to the Lord Chancellor.

(4) So far as may be necessary for the purposes of or in consequence of the transfer to the Lord Chancellor of a function to which article 12 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 (but not a particular Secretary of State) or to his department or to an officer of his included a reference to the Lord Chancellor or to his department or to an officer of his,

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

(c)any reference to the Department for Transport, Local Government and the Regions were a reference to the Lord Chancellor’s Department, and

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

The references to which this paragraph applies include any reference that is to be construed as a reference to the Secretary of State or the Secretary of State for Transport, Local Government 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 12 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 Transport, Local Government 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 Lord Chancellor, to his Department or to an officer of his.

Transfers to the First Secretary of State

Transfer of functions to the First Secretary of State

14.  The functions of the Secretary of State for Transport, Local Government and the Regions other than those transferred by article 4, 5, 6 or 11(2) are hereby transferred to the First Secretary of State.

Transfer of property, rights and liabilities to First Secretary of State

15.  All property, rights and liabilities to which the Secretary of State for Transport, Local Government and the Regions is entitled or subject at the coming into force of this Order, other than property, rights or liabilities transferred by article 7, 9 or 12, are hereby transferred to the First Secretary of State.

Transfers to First Secretary of State: supplementary

16.—(1) This article applies to—

(a)the functions of the Secretary of State for Transport, Local Government and the Regions which are transferred by article 14, and

(b)those functions which were entrusted to that Secretary of State immediately before 28th May 2002 and which have, before the making of this Order, been entrusted to the First Secretary of State.

(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 Transport, Local Government 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 Transport, Local Government and the Regions in connection with—

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

(b)anything transferred by article 15,

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 First Secretary of State.

(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 Transport, Local Government and the Regions may, so far as it relates to—

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

(b)anything transferred by article 15,

be continued by or in relation to the First Secretary of State.

(5) So far as may be necessary for the purposes of or in consequence of the transfer or entrusting to the First Secretary of State 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 Transport, Local Government and the Regions were a reference to the First Secretary of State.

(b)any reference to the Department for Transport, Local Government and the Regions were a reference to the Office of the Deputy Prime Minister, and

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

The references to which this paragraph applies include any reference that is to be construed as a reference to the Secretary of State for Transport, Local Government 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 Transport, Local Government 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 First Secretary of State, to the Office of the Deputy Prime Minister or to an officer of the First Secretary of State.

Immovable property outside the UK

Immovable property outside the United Kingdom

17.—(1) The person from time to time holding office as the Secretary of State for Foreign and Commonwealth Affairs 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 Seceretary of State for the Environment so long as any such property remains vested in that Secretary of State(11),

(c)be Minister of Public Building and Works so long as any such property remains vested in that Minister(12), 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(13).

(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(14)) shall continue to apply to the Secretary of State for Foreign and Commonwealth Affairs as Minister of Public Building and Works.

(3) Article 15 of the Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001(15) is hereby revoked.

Minor and consequential provisions

Certification of instruments

18.—(1) A certificate signed by the First Secretary of State that any instrument purporting to be made or issued by—

(a)the First Secretary of State,

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

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

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

(e)the Secretary of State for Transport,

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

(2) A certificate signed by the Secretary of State for Transport that any instrument purporting to be made or issued by—

(a)the Secretary of State for Transport,

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

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

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

Documentary Evidence Act 1868

19.  The Documentary Evidence Act 1868(16) shall apply in relation to the First Secretary of State and the Secretary of State for Transport—

(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.

Consequential amendments

20.  The enactments mentioned in Schedule 2 to this Order shall have effect with the amendments specified in that Schedule.

A. K. Galloway

Clerk of the Privy Council

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