The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023

Supplementary provisions in relation to the Secretary of State for Business and Trade

12.—(1) There are transferred to the Secretary of State for Business and Trade—

(a) all property, rights and liabilities to which the Secretary of State for Business, Energy and Industrial Strategy is entitled or subject at the coming into force of this Order in connection with any business function, and

(b) all property, rights and liabilities to which the Secretary of State for International Trade is entitled or subject at 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—

(a) the Secretary of State for Business, Energy and Industrial Strategy, so far as it relates to a business function or anything transferred by paragraph (1)(a), or

(b) the Secretary of State for International Trade,

may be continued by or in relation to the Secretary of State for Business and Trade.

(3) Anything done (or having effect as if done) by or in relation to—

(a) the Secretary of State for Business, Energy and Industrial Strategy in connection with a business function or anything transferred by paragraph (1)(a), or

(b) the Secretary of State for International Trade,

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 Secretary of State for Business and Trade.

(4) Documents or forms printed for use in connection with a business function may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for Business, Energy and Industrial Strategy; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Business and Trade.

(5) Documents or forms printed for use in connection with a trade function may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for International Trade; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Business and Trade.

(6) 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) the transfer or entrusting to the Secretary of State for Business and Trade of any business function, or

(b) the transfer of anything by paragraph (1)(a),

as if references to (and references which are to be read as references to) the Secretary of State for Business, Energy and Industrial Strategy were or included references to the Secretary of State for Business and Trade.

(7) 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) the transfer or entrusting to the Secretary of State for Business and Trade of any trade function, or

(b) the transfer of anything by paragraph (1)(b),

as if references to (and references which are to be read as references to) the Secretary of State for International Trade were or included references to the Secretary of State for Business and Trade.

(8) In paragraphs (2) to (7), references to the Secretary of State for Business, Energy and Industrial Strategy or to the Secretary of State for International Trade include references to the department or an officer of that Secretary of State; and references to the Secretary of State for Business and Trade are to be read accordingly.