The Secretary of State for Constitutional Affairs Order 2003


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 provision of this Order for the transfer of functions of the Lord Chancellor to the Secretary of State is to be read, in relation to functions exercisable by the Lord Chancellor concurrently with the Secretary of State, as providing that the functions are to cease to be exercisable by the Lord Chancellor; and references in this Order to the transfer of functions are to be read accordingly.

(4) 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.