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The Transport Holding Company (Capital Debts) (Revocations) (England and Wales) Order 2013

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Statutory Instruments

2013 No. 2844

Transport

The Transport Holding Company (Capital Debts) (Revocations) (England and Wales) Order 2013

Made

28th October 2013

Laid before the House of Commons

7th November 2013

Coming into force

20th December 2013

The Secretary of State, with the approval of the Treasury, makes the following Order in exercise of the powers conferred by sections 53(5) and 157 of the Transport Act 1968(1) and now vested in the Secretary of State(2).

Citation, commencement and extent

1.—(1) This Order may be cited as the Transport Holding Company (Capital Debts) (Revocations) (England and Wales) Order 2013 and comes into force on 20th December 2013.

(2) This Order extends to England and Wales only(3).

Revocations

2.  The following instruments are revoked—

(a)The Transport Holding Company (Capital Debts) Order 1972(4);

(b)The Transport Holding Company (Capital Debts) Order 1973(5); and

(c)The Transport Holding Company (Commencing Capital Debt) (Extinguishment) Order 1973(6).

Signed by authority of the Secretary of State for Transport

Stephen Hammond

Parliamentary Under Secretary of State

Department for Transport

20th October 2013

We approve the making of this Order

Stephen Crabb

David Evennett

Two of the Lords Commissioners

of Her Majesty’s Treasury

28th October 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes in England and Wales two instruments which reduced the commencing capital debt of the Transport Holding Company, and the Order which extinguished that debt. The Transport Holding Company was established under the Transport Act 1962 to take over administration of the state owned transport interests in shipping, travel and road transport from the British Transport Commission. The Transport Holding Company was dissolved on 31st March 1973.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private, public or voluntary sectors is foreseen. The Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.

(1)

1968 c. 73. Section 53(5) is modified by section 1(4) of the Transport Holding Company Act 1972 (c. 14) to include a power to extinguish the company’s commencing capital debt. Section 157 is amended by the Statute Law (Repeals) Act 2004 (c. 14). The approval of the Treasury is required by section 53(8) of the Transport Act 1968.

(2)

The Secretary of State for the Environment Order 1970 (S.I. 1970/1681, article 2(1)) transferred functions from the Minister of Transport to the Secretary of State and the Secretary of State for the Environment. The Secretary of State for Transport Order 1976 (S.I. 1976/1775, article 2) transferred transport functions exercised by the Secretary of State for the Environment to the Secretary of State for Transport. The Minister of Transport Order 1979 (S.I. 1979/571, article 2(1)) transferred functions of the Secretary of State for Transport to the Minister of Transport. The Transfer of Functions (Transport) Order 1981 (S.I. 1981/238, article 2) transferred functions of the Minister of Transport to the Secretary of State for Transport. The Secretary of State for the Environment, Transport and the Regions Order 1997 (S.I. 1997/2971, article 3) transferred the functions of the Secretary of State for Transport to the Secretary of State for the Environment, Transport and the Regions. The Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001 (S.I. 2001/2568, article 7) transferred the functions of the Secretary of State for the Environment, Transport and the Regions to the Secretary of State for Transport, Local Government and the Regions. The Transfer of Functions (Transport, Local Government and the Regions) Order 2002 (S.I. 2002/2626, article 14) transferred functions of the Secretary of State for Transport, Local Government and the Regions to the First Secretary of State. The Transfer of Functions (Miscellaneous) Order 2008 (S.I. 2008/1034, article 6) transferred the functions of the First Secretary of State that were the functions of the Secretary of State for Transport immediately before the coming into force of SI 1997/2971, to the Secretary of State. Article 7 transferred any function of the First Secretary of State not transferred by any other provision of the Order to the Secretary of State.

(3)

Functions of the Secretary of State, so far as exercisable in relation to Scotland, transferred to the Scottish Ministers by the Scotland Act 1998 (c. 46), section 53. The functions of the Secretary of State, so far as exercisable in relation to Northern Ireland, transferred to any Northern Ireland Minister or Department by the Northern Ireland Act 1998 (c. 47), section 23(2).

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