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The Transfer of Functions (Sea Fisheries) Order 2012

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5.—(1) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the transferor before the coming into force of this Order.

(2) 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 transferor may, so far as it relates to a transferred matter, be continued by or in relation to the transferee.

(3) Anything done (or having effect as if done) by or in relation to the transferor in connection with a transferred matter has effect, so far as is necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the transferee.

(4) Any enactment or instrument passed or made before the coming into force of this Order has effect so far as is necessary for the purposes of or in consequence of a transferred matter as if references to the transferor (and references which are to be read as references to the transferor) were or included references to the transferee.

(5) In paragraphs (1) to (4) any reference to the transferor or transferee includes the department or an officer of the transferor or transferee.

(6) In this article—

“instrument” includes Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents;

“the transferee” means the Secretary of State or the Secretary of State for Environment, Food and Rural Affairs (as the case may be);

“the transferor” means, in relation to a transferred matter, the Secretary of State or Secretaries of State from whom it is transferred;

“transferred matter” means anything transferred by this Order.

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