The Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007

Other supplemental provision in relation to the Secretary of State for Innovation, Universities and Skills: trade and industry

This section has no associated Explanatory Memorandum

10.—(1) For the purposes of this article a function is a relevant function so far as—

(a)it is transferred by article 9, or

(b)it is within paragraph (2).

(2) A function is within this paragraph if—

(a)immediately before 28th June 2007 it was entrusted to the Secretary of State for Trade and Industry, and

(b)before the making of this Order it has been entrusted to the Secretary of State for Innovation, Universities and Skills.

(3) There are transferred to the Secretary of State for Innovation, Universities and Skills—

(a)any function of the Secretary of State for Trade and Industry so far as it relates to a function within paragraph (2) (and is not transferred by article 9), and

(b)all property, rights and liabilities to which the Secretary of State for Trade and Industry is entitled or subject at the coming into force of this Order in connection with any relevant function or a function so far as transferred by sub-paragraph (a).

(4) 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 the Secretary of State for Trade and Industry may, so far as it relates to a relevant function or anything transferred by paragraph (3), be continued by or in relation to the Secretary of State for Innovation, Universities and Skills.

(5) Anything done (or having effect as if done) by or in relation to the Secretary of State for Trade and Industry in connection with a relevant function or anything transferred by paragraph (3) 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 Innovation, Universities and Skills.

(6) Documents or forms printed for use in connection with a relevant function or a function so far as transferred by paragraph (3)(a) 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 Trade and Industry; 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 Innovation, Universities and Skills.

(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 Innovation, Universities and Skills of any relevant function, or

(b)the transfer of anything by paragraph (3),

as if references to (and references which are to be read as references to) the Secretary of State for Trade and Industry were or included references to the Secretary of State for Innovation, Universities and Skills.

(8) In paragraphs (4) to (7) references to the Secretary of State for Trade and Industry include references to the department or an officer of the Secretary of State for Trade and Industry; and references to the Secretary of State for Innovation, Universities and Skills are to be read accordingly.