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The Transfer of Functions (Third Sector, Communities and Equality) Order 2006

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Functions passing from Home Secretary to Minister for the Cabinet Office: supplemental

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4.—(1) In this article “the third sector functions” means—

(a)the functions which were entrusted to the Secretary of State for the Home Department immediately before 5th May 2006 and have been entrusted to the Minister for the Cabinet Office before the making of this Order, and

(b)the functions transferred by article 3.

(2) All property, rights and liabilities to which the Secretary of State for the Home Department is entitled or subject at the coming into force of this Order in connection with the third sector functions are transferred to the Minister for the Cabinet Office.

(3) This Order does not affect the validity of anything done by or in relation to the Secretary of State for the Home Department before the coming into force of this Order in connection with the functions transferred by article 3.

(4) Anything done by or in relation to the Secretary of State for the Home Department in connection with—

(a)the third sector functions, or

(b)anything transferred by paragraph (2),

has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Minister for the Cabinet Office.

(5) Anything (including legal proceedings) which is in the process of being done by or in relation to the Secretary of State for the Home Department at the coming into force of this Order may, if it relates to the third sector functions or anything transferred by paragraph (2), be continued by or in relation to the Minister for the Cabinet Office.

(6) So far as is necessary for the purposes of or in consequence of paragraph (2) or of the entrusting or transfer to the Minister for the Cabinet Office of the third sector functions, an enactment or instrument passed or made before this Order comes into force has effect as if—

(a)a reference to the Secretary of State or the Secretary of State for the Home Department were a reference to the Minister for the Cabinet Office,

(b)a reference to the Home Department (or the Home Office) were a reference to the Cabinet Office, and

(c)a reference to an officer of the Home Department (or the Home Office) were a reference to an officer of the Cabinet Office.

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