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

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in connection with the establishment of the Office of the Third Sector in the Cabinet Office and of the Department for Communities and Local Government. It transfers to the Minister for the Cabinet Office certain functions conferred by legislation on the Secretary of State and formerly entrusted to the Home Secretary. It makes supplemental provision in connection with those functions and with functions formerly entrusted to the Home Secretary that have already been entrusted to the Minister for the Cabinet Office or to the Secretary of State for Communities and Local Government.

Article 3 provides for a function of the Secretary of State under section 5(1) of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (regulations of street collections) to be exercisable concurrently with the Minister for the Cabinet Office. It also provides for the functions of the Secretary of State under the Charities Acts 1992 and 1993 and under specified provisions of the House to House Collections Act 1939 to be transferred to the Minister for the Cabinet Office.

Article 4 makes supplemental provision in relation to the transfer of functions effected by article 3 and in relation to the entrusting to the Minister for the Cabinet Office of other functions formerly entrusted to the Home Secretary. These other functions relate to the voluntary and community sector, otherwise known as the Third Sector.

Article 5 makes supplemental provision in relation to the entrusting to the Secretary of State for Communities and Local Government of functions previously entrusted to the Home Secretary. These functions include in particular functions in relation to race relations, sponsorship of the Commission for Racial Equality, inter-faith matters, the promotion of civil renewal and community cohesion.

Article 6 and the Schedule to the Order make consequential amendments to primary legislation.

Nothing in this Order alters the functions of the National Assembly for Wales, the Scottish Ministers or the devolved authorities in Northern Ireland.

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