The Transfer of Functions (Registration) Order 2008

Citation and commencement

1.—(1) This Order may be cited as the Transfer of Functions (Registration) Order 2008.

(2) This Order comes into force on 3rd April 2008.

Interpretation

2.  In this Order “instrument” includes, in particular, Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.

Transfer of functions

3.—(1) The functions of the Chancellor of the Exchequer under the enactments listed in Schedule 1 are transferred to the Secretary of State.

(2) The function of the Secretary of State for the Home Department under section 9 of the Births and Deaths Registration Act 1926(1) (removal of bodies from England and Wales: regulations) is transferred to the Secretary of State.

Supplementary

4.—(1) All rights and liabilities to which the Chancellor is entitled or subject immediately before the coming into force of this Order in connection with any transferred function are transferred to the Home Secretary.

(2) This Order does not affect the validity of anything done by or in relation to the Chancellor or the Home Secretary before the coming into force of this Order.

(3) Anything which, at the coming into force of this Order, is in the process of being done by or in relation to the Chancellor may, so far as it relates to any transferred matter, be continued by or in relation to the Secretary of State or, as the case may be, the Home Secretary.

(4) Any legal proceedings to which the Chancellor is a party at the coming into force of this Order may, if they relate to any transferred matter, be continued by or against the Secretary of State or, as the case may be, the Home Secretary.

(5) Any approval, consent or direction given, or other thing done, by or in relation to the Chancellor in the exercise of any transferred function (or having effect as if so given or done) has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if given or done by or in relation to the Secretary of State or, as the case may be, the Home Secretary (as well as the Chancellor).

(6) In this article—

“the Chancellor” means the Chancellor of the Exchequer,

“the Home Secretary” means the Secretary of State for the Home Department,

“transferred function” means a function of the Chancellor transferred by this Order, and

“transferred matter” means a function, right or liability of the Chancellor transferred by this Order.

Consequential amendments etc

5.—(1) Schedule 2 (consequential amendments) has effect.

(2) Subject to the amendments made by Schedule 2, any enactment or instrument passed or made before the coming into force of this Order has effect, so far as necessary for the purpose of or in consequence of article 3 or 4, as if—

(a) any reference to the Chancellor of the Exchequer were or included a reference to the Secretary of State or, as the case may be, the Secretary of State for the Home Department, and

(b) any reference to the Secretary of State for the Home Department were or included a reference to the Secretary of State.

Judith Simpson

Clerk of the Privy Council