The Transfer of Functions (Transport, Local Government and the Regions) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order in Council is made under the Ministers of the Crown Act 1975.

Article 3 incorporates the First Secretary of State as a corporation sole. It also provides for the authentication of the corporate seal, the making of instruments by the First Secretary of State and related matters.

Article 4 transfers to the Secretary of State the functions of the Secretary of State for Transport, Local Government and the Regions under section 4 of the Local Government, Planning and Land Act 1980 and section 74 of the Road Traffic Regulation Act 1984.

Article 5 transfers to the Secretary of State for the time being having general responsibility in transport matters in relation to England and (if different) the Secretary of State for the time being having general responsibility in planning matters in relation to England, acting jointly, the functions under sections 258 and 300(2) of the Highways Act 1980 and paragraphs 7, 8, 14, 15, 18, 19 and 21 of Schedule 1 to that Act, so far as exercisable by the Secretary of State for Transport, Local Government and the Regions and the Secretary of State, acting jointly.

Article 6 transfers to the Secretary of State for Transport the functions of the Secretary of State for Transport, Local Government and the Regions under the New Forest Acts 1949, 1964 and 1970. It also transfers to the Secretary of State for Transport the functions conferred by the Town and Country Planning Act 1990 on the Secretary of State for Transport, Local Government and the Regions as “the appropriate Minister” under section 265(1)(d) in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour, pier or lighthouse undertaking, the Civil Aviation Authority, a person who holds a licence under Chapter I of Part 1 of the Transport Act 2000 (air traffic services) or a relevant airport operator (within the meaning of Part 5 of the Airports Act 1986).

Article 7 transfers to the Secretary of State for Transport property, rights and liabilities of the Secretary of State for Transport, Local Government and the Regions connected with the functions transferred by articles 4 to 6 and other transport-related functions entrusted to the Secretary of State for Transport after 27th May 2002 and before the making of this Order.

Article 8 makes supplementary provision for continuity in relation to the exercise of functions to which article 7 applies and anything transferred by that article.

Article 9 transfers to the Secretary of State for Work and Pensions property, rights and liabilities of the Secretary of State for Transport, Local Government and the Regions or the Secretary of State for Transport connected with certain functions relating to health and safety matters. Those functions were entrusted to the Secretary of State for Transport, Local Government and the Regions immediately before 28th May 2002, and have been entrusted to the Secretary of State for Work and Pensions before the making of this Order. They include functions entrusted to the Secretary of State for Transport immediately before 24th July 2002.

Article 10 makes supplementary provision for continuity in relation to the exercise of functions to which article 9 applies and anything transferred by that article.

Article 11, to which Schedule 1 is relevant, provides for functions of the Secretary of State under the Representation of the People Act 1983 (except sections 54 and 161 and rules 3(3) and 51(6) of Schedule 1), the Representation of the People Act 1985 (except sections 6 to 10), the Parliamentary Constituencies Act 1986, Schedule 4 to the Representation of the People Act 2000, the Political Parties, Elections and Referendums Act 2000 (except section 70), the Election Publications Act 2001 and the European Parliamentary Elections Act 2002, to be exercisable concurrently with the Lord Chancellor. It also provides for the transfer to the Lord Chancellor of the function of the Secretary of State for Transport, Local Government and the Regions under section 2(2)(b) of the Political Parties, Elections and Referendums Act 2000 (membership of the Speaker’s Committee).

Article 12 transfers to the Lord Chancellor property, rights and liabilities of the Secretary of State for Transport, Local Government and the Regions connected with the function transferred by article 11(2) and functions under the enactments listed in Schedule 1.

Article 13 makes supplementary provision for continuity in relation to the exercise of functions to which article 12 applies and anything transferred by that article.

Article 14 provides for the transfer to the First Secretary of State of functions of the Secretary of State for Transport, Local Government and the Regions other than those transferred by article 4, 5, 6 or 11(2). The functions transferred to the First Secretary of State by this article relate, broadly, to the fire service, housing, local government (including local government elections and referendums), regional development and town and country planning.

Article 15 provides for the transfer to the First Secretary of State of property, rights and liabilities of the Secretary of State for Transport, Local Government and the Regions other than property, rights and liabilities transferred by article 7, 9 or 12.

Article 16 makes supplementary provision for continuity in relation to the exercise of functions transferred by article 14, other functions entrusted to the Secretary of State for Transport, Local Government and the Regions before 28th May 2002 and entrusted to the First Secretary of State before the making of this Order, and anything transferred by article 15.

Article 17 makes provision in relation to immovable property outside the United Kingdom. The effect of paragraphs (1) and (2) is to enable the person from time to time holding office as the Secretary of State for Foreign and Commonwealth Affairs to deal with any such property so long as it remains vested in the Secretary of State for the Environment, Transport and the Regions, the Secretary of State for the Environment, the Minister of Public Building and Works or the First Commissioner of Works. Paragraph (3) revokes article 15 of the Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001, which enabled the Secretary of State for Transport, Local Government and the Regions to deal with immovable property outside the United Kingdom vested as mentioned above.

Article 18 provides for the certification of instruments (defined in article 2(1)) by the First Secretary of State and the Secretary of State for Transport.

Article 19 provides for the application of the Documentary Evidence Act 1868 in relation to the First Secretary of State and the Secretary of State for Transport.

Article 20 and Schedule 2 amend enactments consequentially on the transfers effected by this Order.

Nothing in this Order alters the functions of the National Assembly for Wales.