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The Transfer of Functions (Health and Social Security) Order 1988

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Transfer of functions and property relating to social security

3.—(1) The functions of the Secretary of State for Social Services under the enactments specified in Part II of Schedule 2 to this Order are hereby transferred to the Secretary of State for Social Security.

(2) All functions of the Secretary of State for Social Services which—

(a)are exercisable under local Acts or instruments passed or made before the making of this Order, and

(b)are similar to any social security functions or any functions transferred by paragraph (1) above,

are hereby transferred to the Secretary of State for Social Security.

(3) There are hereby transferred to the Secretary of State for Social Security all property, rights and liabilities to which the Secretary of State for Social Services is entitled or subject, at the coming into force of this Order, in connection with any social security functions or any functions transferred by this Article.

(4) Subject to Articles 5(3) and 6(4) below, any instrument, contract or other document made before the coming into force of this Order shall have effect, so far as may be necessary in connection with the entrusting of the social security functions to the Secretary of State for Social Security or for the purposes of or in consequence of the transfer of functions, property, rights or liabilities effected by this Article, as if any reference to the Secretary of State for Social Services or the Department of Health and Social Security or an officer of his were a reference to the Secretary of State for Social Security or his Department or an officer of his.

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