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The Secretary of State for Constitutional Affairs Order 2003

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Explanatory Note

(This note is not part of the Order)

This Order in Council, made under the Ministers of the Crown Act 1975, incorporates the Secretary of State for Constitutional Affairs as a corporation sole (article 3). That article also provides for the authentication of the corporate seal of that Secretary of State, the making of instruments by him, and related matters.

Article 4 transfers to the Secretary of State the functions of the Lord Chancellor under the enactments listed in Schedule 1.

Article 5 transfers to the Secretary of State for Constitutional Affairs property, rights and liabilities to which the Lord Chancellor is entitled or subject in connection with the functions transferred by article 4.

Article 6 contains supplementary provision in connection with the transfers made by articles 4 and 5.

Article 7 transfers to the Secretary of State the functions of the First Secretary of State under section 28 of the Courts Act 1971.

Article 8 contains supplementary provision in connection with the transfer made by article 7.

Article 9 and Schedule 2 make consequential amendments to legislation.

Nothing in this Order alters the functions of the National Assembly for Wales, the Scottish Ministers or the devolved authorities in Northern Ireland.

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