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The Transfer of Functions (Information and Public Records) Order 2015

Status:

This is the original version (as it was originally made).

Functions passing from Secretary of State for Justice to Secretary of State for Culture, Media and Sport: supplemental

This section has no associated Explanatory Memorandum

8.—(1) In this article “data protection function” means a function which—

(a)relates to the subject matter of the Data Protection Act 1998(1),

(b)was entrusted to the Secretary of State for Justice immediately before 17th September 2015, and

(c)has been entrusted to the Secretary of State for Culture, Media and Sport before the making of this Order.

(2) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State for Justice before the coming into force of this Order.

(3) There are transferred to the Secretary of State for Culture, Media and Sport all property, rights and liabilities to which the Secretary of State for Justice is entitled or subject at the coming into force of this Order in connection with a data protection function.

(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 Justice may, so far as it relates to a data protection function or anything transferred by paragraph (3), be continued by or in relation to the Secretary of State for Culture, Media and Sport.

(5) Anything done (or having effect as if done) by or in relation to the Secretary of State for Justice in connection with a data protection function or anything transferred by paragraph (3) 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 Secretary of State for Culture, Media and Sport.

(6) Documents or forms printed for use in connection with a data protection function may be used in connection with the exercise of that function by the Secretary of State for Culture, Media and Sport even though they contain, or are to be read as containing, references to the Secretary of State for Justice; and for the purposes of the use of any such documents or forms in connection with the exercise of that function by the Secretary of State for Culture, Media and Sport, those references are to be read as references to the Secretary of State for Culture, Media and Sport.

(7) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as necessary for the purposes of or in consequence of the entrusting of a data protection function to the Secretary of State for Culture, Media and Sport or for the purposes of or in consequence of paragraph (3), as if references to the Secretary of State for Justice (and references which are to be read as references to the Secretary of State for Justice) were or included references to the Secretary of State for Culture, Media and Sport.

(8) In paragraphs (2) and (4) to (7)—

(a)references to the Secretary of State for Justice are to be read as including references to the department or an officer of the Secretary of State for Justice, and

(b)references to the Secretary of State for Culture, Media and Sport are to be read as including references to the department or an officer of the Secretary of State for Culture, Media and Sport accordingly.

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