The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024

Article 8

Schedule CONSEQUENTIAL AMENDMENTS

Part 1 Amendments to primary legislation

Transport Act 1962 (c. 46)

1.  In section 86(6A) of the Transport Act 1962(1), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

Parliamentary Commissioner Act 1967 (c. 13)

2.  In Schedule 2 to the Parliamentary Commissioner Act 1967(2)—

(a) omit “Department for Levelling Up, Housing and Communities”(3), and

(b) at the appropriate place insert “Ministry of Housing, Communities and Local Government”.

Town and Country Planning Act 1990 (c. 8)

3.—(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In the following provisions, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”—

(a) section 228(1) and (7) and the heading of that section(4);

(b) section 245(1)(b)(5);

(c) section 265(1)(d)(6).

(3) In paragraph 8(2) of Schedule 6(7), for “the Department for Levelling Up, Housing and Communities” substitute “the Ministry of Housing, Communities and Local Government”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

4.  In paragraph 7(2) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990(8), for “the Department for Levelling Up, Housing and Communities” substitute “the Ministry of Housing, Communities and Local Government”.

Planning (Hazardous Substances) Act 1990 (c. 10)

5.  In paragraph 7(2) of the Schedule to the Planning (Hazardous Substances) Act 1990(9), for “the Department for Levelling Up, Housing and Communities” substitute “the Ministry of Housing, Communities and Local Government”.

Transport and Works Act 1992 (c. 42)

6.  In section 23(10) of the Transport and Works Act 1992(10), for “the Department for Levelling Up, Housing and Communities”, in both places, substitute “the Ministry of Housing, Communities and Local Government”.

Regulation of Investigatory Powers Act 2000 (c. 23)

7.  In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 for paragraph 9A(11) substitute—

“9A   The Ministry of Housing, Communities and Local Government.”.

Political Parties, Elections and Referendums Act 2000 (c. 41)

8.—(1) The Political Parties, Elections and Referendums Act 2000 is amended as follows.

(2) In section 2(2)(b) and (2A)(12), for “Levelling Up, Housing and Communities”, in each place, substitute “Housing, Communities and Local Government”.

(3) In paragraph 2(1)(c) and (1A)(13) of Schedule 2, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

9.  In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004, for paragraph 8B(14) substitute—

“8B   The Ministry of Housing, Communities and Local Government.”

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

10.  In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007—

(a) omit “Department for Levelling Up, Housing and Communities”(15), and

(b) at the appropriate place insert “Ministry of Housing, Communities and Local Government”.

Crossrail Act 2008 (c. 18)

11.  In the following provisions of the Crossrail Act 2008, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”—

(a) section 12(6) (in the definition of “appropriate Ministers”)(16);

(b) section 54(5)(17);

(c) paragraph 2(8) of Schedule 5 (in the definition of “appropriate Ministers”)(18);

(d) paragraph 37(2) of Schedule 7(19).

High Speed Rail (London – West Midlands) Act 2017 (c. 7)

12.  In the following provisions of the High Speed Rail (London – West Midlands) Act 2017, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”—

(a) section 64(5)(20);

(b) paragraph 5(9) of Schedule 16 (in the definition of “appropriate Ministers”)(21);

(c) paragraph 30 of Schedule 17 (in the definition of “appropriate Ministers”)(22).

Digital Economy Act 2017 (c. 30)

13.  In the following provisions of the Digital Economy Act 2017, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”—

(a) paragraph 8 of Schedule 4(23);

(b) paragraph 3 of Schedule 5(24);

(c) paragraph 2 of Schedule 6(25);

(d) paragraph 9 of Schedule 8(26).

High Speed Rail (West Midlands – Crewe) Act 2021 (c. 2)

14.  In the following provisions of the High Speed Rail (West Midlands – Crewe) Act 2021, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”—

(a) section 56(5)(27);

(b) paragraph 5(9) of Schedule 15 (in the definition of “appropriate Ministers”)(28);

(c) paragraph 29 of Schedule 17 (in the definition of “appropriate Ministers”)(29).

British Sign Language Act 2022 (c. 34)

15.  In the Schedule to the British Sign Language Act 2022, for paragraph 8 substitute—

“8.   Ministry of Housing, Communities and Local Government.”

Part 2 Secondary legislation

Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)

16.—(1) The Representation of the People (England and Wales) Regulations 2001(30) are amended as follows.

(2) In regulation 3(1), in the definition of “digital service” for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(3) In regulation 29ZA—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5) and (6), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(4) In regulation 29ZAA—

(a) in paragraph (2), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (3), (5), (6), (8), (9) and (10), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(5) In regulation 29ZAB—

(a) in paragraph (2), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (3), (5), (6) and (7), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(6) In regulation 29ZB, in paragraphs (7) and (8), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(7) In regulation 32ZBA(7)(a), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(8) In regulation 32ZBB—

(a) in paragraphs (1), (2), (3), (5), (6) and (7) for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”, and

(b) in paragraph (9), in paragraph (e) of the definition of “matching data”, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(9) In regulation 32ZBC, in paragraphs (3), (4) and (5), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(10) In regulation 56B—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5), (7), (8), and (9), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(11) In regulation 56D(7), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)

17.—(1) The Representation of the People (Scotland) Regulations 2001(31) are amended as follows.

(2) In regulation 3(1), in the definition of “digital service” for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(3) In regulation 29ZA—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5) and (6), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(4) In regulation 29ZAA—

(a) in paragraph (2), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (3), (5), (6), (8), (9) and (10), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(5) In regulation 29ZAB—

(a) in paragraph (2), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (3), (5), (6) and (7), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(6) In regulation 29ZB, in paragraphs (7) and (8), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(7) In regulation 32ZBA(7)(a), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(8) In regulation 32ZBB—

(a) in paragraphs (1), (2), (3), (5), (6) and (7) for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”, and

(b) in paragraph (9), in paragraph (e) of the definition of “matching data”, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(9) In regulation 32ZBC, in paragraphs (3), (4) and (5), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(10) In regulation 56B—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5), (7), (8), and (9), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(11) In regulation 56D(7), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917)

18.—(1) Schedule 2 to the Police and Crime Commissioner Elections Order 2012(32) is amended as follows.

(2) In paragraph 16B—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5), (7), (8), and (9), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(3) In paragraph 16D(7), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

Old Oak and Park Royal Development Corporation (Establishment) Order 2015 (S.I. 2015/53)

19.  In article 2(2) of the Old Oak and Park Royal Development Corporation (Establishment) Order 2015, for “Communities and Local Government”, in the second place it appears, substitute “Housing, Communities and Local Government”.

Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295)

20.—(1) The Recall of MPs Act 2015 (Recall Petition) Regulations 2016(33) are amended as follows.

(2) In regulation 72A—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5), (7), (8), and (9), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(3) In regulation 72C(7), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

South Tees Development Corporation (Establishment) Order 2017 (S.I. 2017/718)

21.  In article 2(2) of the South Tees Development Corporation (Establishment) Order 2017, for “Communities and Local Government”, in the second place it appears, substitute “Housing, Communities and Local Government”.

M25 Junction 28 Development Consent Order 2022 (S.I. 2022/573)

22.  In article 52(14) of the M25 Junction 28 Development Consent Order 2022(34), for “Department for Levelling Up, Housing and Communities” substitute “Ministry of Housing, Communities and Local Government”.

Voter Identification Regulations 2022 (S.I. 2022/1382)

23.—(1) The Voter Identification Regulations 2022(35) are amended as follows.

(2) In regulation 6—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5), (7), (8), (9) and (11) for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(3) In regulation 14(6), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

Middlesbrough Development Corporation (Establishment) Order 2023 (S.I. 2023/103)

24.  In article 2(2) of the Middlesbrough Development Corporation (Establishment) Order 2023, for “Levelling Up, Housing and Communities”, in the second place it appears, substitute “Housing, Communities and Local Government”.

Hartlepool Development Corporation (Establishment) Order 2023 (S.I. 2023/104)

25.  In article 2(2) of the Hartlepool Development Corporation (Establishment) Order 2023, for “Levelling Up, Housing and Communities”, in the second place it appears, substitute “Housing, Communities and Local Government”.

Non-Domestic Rating (Designated Areas) Regulations 2023 (S.I. 2023/175)

26.  In Schedule 1 to the Non-Domestic Rating (Designated Areas) Regulations 2023, in paragraph 2, for “Levelling Up, Housing and Communities”, in the second place it appears, substitute “Housing, Communities and Local Government”.

Digital Government (Disclosure of Information) (Identity Verification Services) Regulations 2024 (S.I. 2024/64)

27.  In the Schedule to the Digital Government (Disclosure of Information) (Identity Verification Services) Regulations 2024, in paragraph 10, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2024 (S.I. 2024/181)

28.  In regulation 2 of the Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2024, in the definition of “Accounting Officer”, for “Department for Levelling Up, Housing and Communities” substitute “Ministry of Housing, Communities and Local Government”.

Non-Domestic Rating (Designated Areas) Regulations 2024 (S.I. 2024/183)

29.  In Schedule 1 to the Non-Domestic Rating (Designated Areas) Regulations 2024, in paragraph 2, for “Levelling Up, Housing and Communities”, in the second place it appears, substitute “Housing, Communities and Local Government”.

Town and Country Planning (Former RAF Airfield Wethersfield) (Accommodation for Asylum-Seekers etc.) Special Development Order 2024 (S.I. 2024/411)

30.—(1) The Town and Country Planning (Former RAF Airfield Wethersfield) (Accommodation for Asylum-Seekers etc.) Special Development Order 2024 is amended as follows.

(2) In article 2(1), in the definition of “Secretary of State”, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(3) In article 7(2)(b), for “Department for Levelling Up, Housing and Communities” substitute “Ministry of Housing, Communities and Local Government”.

Town and Country Planning (Former RAF Scampton) (Accommodation for Asylum-Seekers etc.) Special Development Order 2024 (S.I. 2024/412)

31.—(1) The Town and Country Planning (Former RAF Scampton) (Accommodation for Asylum-Seekers etc.) Special Development Order 2024 is amended as follows.

(2) In article 2(1), in the definition of “Secretary of State”, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(3) In article 7(2)(b), for “Department for Levelling Up, Housing and Communities” substitute “Ministry of Housing, Communities and Local Government”.

(1)

Section 86(6A) was inserted by S.I. 1970/1681 and amended by S.I. 1976/1775, 1997/2971, 2001/2568, 2002/2626, 2006/1926, 2018/378 and 2021/1265.

(2)

Schedule 2 was substituted by S.I. 2011/2986.

(3)

The entry for the Department for Levelling Up, Housing and Communities was inserted by S.I. 2021/1265.

(4)

Section 228 was amended by S.I. 1997/2971, 2006/1926, 2018/378 and 2021/1265.

(5)

Section 245(1)(b) was amended by S.I. 2006/1926, 2018/378 and 2021/1265.

(6)

Section 265(1)(d) was amended by S.I. 2006/1926, 2018/378 and 2021/1265.

(7)

Paragraph 8(2) was amended by S.I. 1997/2971, 2001/2568, 2002/2626, 2006/1926, 2018/378 and 2021/1265.

(8)

Paragraph 7(2) was amended by S.I. 1997/2971, 2001/2568, 2002/2626, 2006/1926, 2018/378 and 2021/1265.

(9)

Paragraph 7(2) was amended by S.I. 1997/2971, 2001/2568, 2002/2626, 2006/1926, 2018/378 and 2021/1265.

(10)

Section 23(10) was amended by S.I. 1997/2971, 2001/2568, 2002/2626, 2006/1926, 2018/378 and 2021/1265.

(11)

Paragraph 9A was inserted by S.I. 2006/1926 and substituted by S.I. 2018/378 and 2021/1265.

(12)

Section 2(2)(b) was substituted by S.I. 2002/2626 and amended by S.I. 2010/1837, 2015/1376, 2016/997 and 2021/1265. Section 2(2A) was inserted by the Elections Act 2022 (c. 37), section 18(1).

(13)

Paragraph 2(1)(c) was amended by S.I. 2001/3500, 2002/2626, 2010/1837, 2015/1376, 2016/997 and 2021/1265. Paragraph 2(1A) was inserted by the Elections Act 2022, section 18(2).

(14)

Paragraph 8B was inserted by S.I. 2018/378 and substituted by S.I. 2021/1265.

(15)

The entry for the Department for Levelling Up, Housing and Communities was inserted by S.I. 2021/1265.

(16)

Section 12(6) was amended by S.I. 2018/378 and 2021/1265.

(17)

Section 54(5) was amended by S.I. 2018/378 and 2021/1265.

(18)

Paragraph 2(8) was amended by S.I. 2018/378 and 2021/1265.

(19)

Paragraph 37(2) was amended by S.I. 2018/378 and 2021/1265.

(20)

Section 64(5) was amended by S.I. 2018/378 and 2021/1265.

(21)

Paragraph 5(9) was amended by S.I. 2018/378 and 2021/1265.

(22)

Paragraph 30 was amended by S.I. 2018/378 and 2021/1265.

(23)

Paragraph 8 was amended by S.I. 2018/378 and 2021/1265.

(24)

Paragraph 3 was amended by S.I. 2018/378 and 2021/1265.

(25)

Paragraph 2 was amended by S.I. 2018/378 and 2021/1265.

(26)

Paragraph 9 was amended by S.I. 2018/378 and 2021/1265.

(27)

Section 56(5) was amended by S.I. 2021/1265.

(28)

Paragraph 5(9) was amended by S.I. 2021/1265.

(29)

Paragraph 29 was amended by S.I. 2021/1265.

(30)

S.I. 2001/341; relevant amending instruments are S.I. 2013/3198, 2015/467, 2015/1971, 2016/997, 2019/1451, 2020/50, 2021/1265, 2023/1147 and 2023/1406.

(31)

S.I. 2001/497; relevant amending instruments are S.I. 2013/3198, 2015/450, 2015/1966, 2016/997, 2019/1451, 2021/1265, 2023/1147 and 2023/1406 and S.S.I. 2020/113.

(32)

S.I. 2012/1917, amended by S.I. 2023/1147; there are other amending instruments but none is relevant.

(33)

S.I. 2016/295, amended by S.I. 2023/1147; there are other amending instruments but none is relevant.

(34)

S.I. 2022/573, to which there are amendments not relevant to this Order.

(35)

S.I. 2022/1382: relevant amending instruments are S.I. 2023/1147 and 2023/1406.