The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018
At the Court at Buckingham Palace, the 14th day of March 2018
Present,
The Queen’s Most Excellent Majesty in Council
Citation and commencement
1.
(1)
This Order may be cited as the Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018.
(2)
This Order comes into force on 11th April 2018.
Interpretation
2.
In this Order—
“CLG function” means any function so far as—
(a)
it is transferred by article 8, or
(b)
it was entrusted to the Secretary of State for Communities and Local Government immediately before 8th January 2018 and has before the making of this Order been entrusted to the Secretary of State for Housing, Communities and Local Government;
“health function” means any function so far as—
(a)
it is transferred by article 4, or
(b)
it was entrusted to the Secretary of State for Health immediately before 8th January 2018 and has before the making of this Order been entrusted to the Secretary of State for Health and Social Care;
“instrument” includes Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.
Incorporation of the Secretary of State for Health and Social Care
3.
(1)
The person who at the coming into force of this Order is the Secretary of State for Health and Social Care and any successor to that person is by that name a corporation sole.
(2)
The corporate seal of the Secretary of State for Health and Social Care—
(a)
is to be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and
(b)
is to be officially and judicially noted.
(3)
Every document purporting to be an instrument made or issued by the Secretary of State for Health and Social Care and to be—
(a)
sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2), or
(b)
signed or executed by a person authorised by a Secretary of State to act in that behalf,
is to be received in evidence and to be deemed to be so made or issued without further proof, unless the contrary is shown.
(4)
A certificate signed by the Secretary of State for Health and Social Care that an instrument purporting to be made or issued by—
(a)
the Secretary of State for Health and Social Care, or
(b)
the Secretary of State for Health,
was so made or issued is conclusive evidence of that fact.
(5)
(a)
as if references to regulations and orders included references to any document, and
(b)
as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.
Transfer of functions etc to the Secretary of State for Health and Social Care
4.
The functions of the Secretary of State for Health are transferred to the Secretary of State for Health and Social Care.
5.
There are transferred to the Secretary of State for Health and Social Care all property, rights and liabilities to which the Secretary of State for Health is entitled or subject at the coming into force of this Order.
Secretary of State for Health and Social Care: supplementary
6.
(1)
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 Health may be continued by or in relation to the Secretary of State for Health and Social Care.
(2)
Anything done (or having effect as if done) by or in relation to the Secretary of State for Health 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 Health and Social Care.
(3)
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 Health and Social Care of a health function, or
(b)
the transfer of anything by article 5,
as if references to (and references which are to be read as references to) the Secretary of State for Health were or included references to the Secretary of State for Health and Social Care.
(4)
Documents or forms printed for use in connection with a health function 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 Health; 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 Health and Social Care.
(5)
Incorporation of the Secretary of State for Housing, Communities and Local Government
7.
(1)
The person who at the coming into force of this Order is the Secretary of State for Housing, Communities and Local Government and any successor to that person is by that name a corporation sole.
(2)
The corporate seal of the Secretary of State for Housing, Communities and Local Government—
(a)
is to be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and
(b)
is to be officially and judicially noted.
(3)
Every document purporting to be an instrument made or issued by the Secretary of State for Housing, Communities and Local Government and to be—
(a)
sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2), or
(b)
signed or executed by a person authorised by a Secretary of State to act in that behalf,
is to be received in evidence and to be deemed to be so made or issued without further proof, unless the contrary is shown.
(4)
A certificate signed by the Secretary of State for Housing, Communities and Local Government that an instrument purporting to be made or issued by—
(a)
the Secretary of State for Housing, Communities and Local Government,
(b)
the Secretary of State for Communities and Local Government,
(c)
the First Secretary of State,
(d)
the Secretary of State for Transport, Local Government and the Regions,
(e)
the Secretary of State for Environment, Transport and the Regions, or
(f)
the Secretary of State for the Environment,
was so made or issued is conclusive evidence of that fact.
(5)
The Documentary Evidence Act 1868 applies in relation to the Secretary of State for Housing, Communities and Local Government—
(a)
as if references to regulations and orders included references to any document, and
(b)
as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.
Transfer of functions etc to the Secretary of State for Housing, Communities and Local Government
8.
The functions of the Secretary of State for Communities and Local Government are transferred to the Secretary of State for Housing, Communities and Local Government.
9.
There are transferred to the Secretary of State for Housing, Communities and Local Government all property, rights and liabilities to which the Secretary of State for Communities and Local Government is entitled or subject at the coming into force of this Order.
Secretary of State for Housing, Communities and Local Government: supplementary
10.
(1)
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 Communities and Local Government may be continued by or in relation to the Secretary of State for Housing, Communities and Local Government.
(2)
Anything done (or having effect as if done) by or in relation to the Secretary of State for Communities and Local Government 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 Housing, Communities and Local Government.
(3)
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 Housing, Communities and Local Government of a CLG function, or
(b)
the transfer of anything by article 9,
as if references to (and references which are to be read as references to) the Secretary of State for Communities and Local Government were or included references to the Secretary of State for Housing, Communities and Local Government.
(4)
Documents or forms printed for use in connection with a CLG function 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 Communities and Local Government; 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 Housing, Communities and Local Government.
(5)
Transfer of functions etc from the Lord Chancellor to the Secretary of State
11.
12.
There are transferred to the Secretary of State for Housing, Communities and Local Government all property, rights and liabilities to which the Lord Chancellor is entitled or subject at the coming into force of this Order in connection with a function transferred by article 11.
Articles 11 and 12: supplementary
13.
(1)
This article applies to—
(a)
a function transferred to the Secretary of State by article 11 (“a former LC function”), and
(b)
anything transferred by article 12.
(2)
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 Lord Chancellor may, so far as it relates to anything to which this article applies, be continued by or in relation to the Secretary of State.
(3)
Anything done (or having effect as if done) by or in relation to the Lord Chancellor in connection with anything to which this article applies 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.
(4)
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 anything to which this article applies, as if references to (and references which are to be read as references to) the Lord Chancellor were or included references to the Secretary of State.
(5)
Documents or forms printed for use in connection with a former LC function may be used in connection with that function even though they contain (or are to be read as containing) references to the Lord Chancellor; 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.
(6)
(a)
references to the Lord Chancellor are to be read as including references to the department or an officer of the Lord Chancellor, and
(b)
references to the Secretary of State are to be read as including references to the department or an officer of the Secretary of State accordingly.
Validity of things done before coming into force of Order
14.
(1)
This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State for Health, the Secretary of State for Communities and Local Government or the Lord Chancellor before the coming into force of this Order.
(2)
In paragraph (1) the reference to a Secretary of State or the Lord Chancellor includes a reference to the department or an officer of that Secretary of State or of the Lord Chancellor (as the case may be).
Consequential amendments
15.
The Schedule has effect.
SCHEDULECONSEQUENTIAL AMENDMENTS
PART 1Amendments to primary legislation
Transport Act 1962 (c. 46)
1.
Parliamentary Commissioner Act 1967 (c. 13)
2.
(a)
omit “Department for Communities and Local Government.”,
(b)
in the entry for the Department of Health after “Health” insert “and Social Care”, and
(c)
at the appropriate place insert “Ministry of Housing, Communities and Local Government”.
Abortion Act 1967 (c. 87)
3.
Food Act 1984 (c. 30)
4.
Town and Country Planning Act 1990 (c. 8)
5.
(1)
The Town and Country Planning Act 1990 is amended as follows.
(2)
(3)
In the following provisions, for “Communities and Local Government” substitute “Housing, Communities and Local Government”—
(a)
(b)
(4)
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
6.
Planning (Hazardous Substances) Act 1990 (c. 10)
7.
Transport and Works Act 1992 (c. 42)
8.
Regulation of Investigatory Powers Act 2000 (c. 23)
9.
(a)
“9A.
The Ministry of Housing, Communities and Local Government.”, and
(b)
in paragraph 12 after “Health” insert “and Social Care”.
Commonhold and Leasehold Reform Act 2002 (c. 15)
10.
In the following provisions of the Commonhold and Leasehold Reform Act 2002, for “Lord Chancellor” in each place substitute “Secretary of State”—
(a)
section 42(2) (power to approve ombudsmen schemes);
(b)
(c)
section 64(2) (making of regulations under Part 1 of the Act).
Enterprise Act 2002 (c. 40)
11.
Domestic Violence, Crime and Victims Act 2004 (c. 28)
12.
In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004 (authorities within Commissioner’s remit)—
(a)
(b)
in paragraph 3 after “Health” insert “and Social Care”, and
(c)
“8B.
The Ministry of Housing, Communities and Local Government.”
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
13.
In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007—
(a)
omit “Department for Communities and Local Government”,
(b)
at the end of the entry for the Department of Health insert “and Social Care”, and
(c)
at the appropriate place insert “Ministry of Housing, Communities and Local Government”.
Crossrail Act 2008 (c. 18)
14.
In the following provisions of the Crossrail Act 2008, for “Communities and Local Government” substitute “Housing, Communities and Local Government”—
(a)
section 12(6) (in the definition of “appropriate Ministers”);
(b)
section 54(5);
(c)
paragraph 2(8) of Schedule 5 (in the definition of “appropriate Ministers”);
(d)
paragraph 37(2) of Schedule 7.
Coroners and Justice Act 2009 (c. 25)
15.
In the following provisions of the Coroners and Justice Act 2009, after “Health” insert “and Social Care”—
(a)
section 18(2)(a);
(b)
section 20(1)(n).
Care Act 2014 (c. 23)
16.
In section 111(1)(d) of the Care Act 2014, after “Health” insert “and Social Care”.
Investigatory Powers Act 2016 (c. 25)
17.
In Schedule 4 to the Investigatory Powers Act 2016, in column (1) of the table in Part 1, in the entry for the Department of Health after “Health” insert “and Social Care”.
High Speed Rail (London – West Midlands) Act 2017 (c. 7)
18.
In the following provisions of the High Speed Rail (London – West Midlands) Act 2017, for “Communities and Local Government” substitute “Housing, Communities and Local Government”—
(a)
section 64(5);
(b)
paragraph 5(9) of Schedule 16 (in the definition of “appropriate Ministers”);
(c)
paragraph 30 of Schedule 17 (in the definition of “appropriate Ministers”).
Digital Economy Act 2017 (c. 30)
19.
In the following provisions of the Digital Economy Act 2017, for “Communities and Local Government” substitute “Housing, Communities and Local Government”—
(a)
paragraph 8 of Schedule 4;
(b)
paragraph 3 of Schedule 5;
(c)
paragraph 2 of Schedule 6;
(d)
paragraph 9 of Schedule 8.
PART 2Amendments to secondary legislation
20.
In each of the following provisions, after “of Health” in each place insert “and Social Care”—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa)
(bb)
(i)
in column (2) in Part 1, in relation to the entry in column (1) for “NHS”, and
(ii)
in column (2) in Part 2;
(cc)
(dd)
(ee)
(ff)
(gg)
21.
In each of the following provisions, after “for Health” in each place insert “and Social Care”—
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
22.
In regulation 4(2)(a) of the Abortion Regulations 1991, for “Richmond House, 79 Whitehall, London, SW1A 2NS” substitute “39 Victoria Street, London SW1H 0EU”.
This Order in Council is made under sections 1 and 2 of the Ministers of the Crown Act 1975. It makes provision for, and in connection with, the transfer of functions from the Secretary of State for Health to the Secretary of State for Health and Social Care and from the Secretary of State for Communities and Local Government to the Secretary of State for Housing, Communities and Local Government. It also makes provision for the transfer of functions in relation to commonhold land.
Article 3 provides for the incorporation of the Secretary of State for Health and Social Care as a corporation sole and for the authentication of the corporate seal and execution and certification of documents. Article 4 transfers functions from the Secretary of State for Health to the Secretary of State for Health and Social Care. Article 5 transfer property, rights and liabilities. Article 6 makes supplementary provision.
Article 7 provides for the incorporation of the Secretary of State for Housing, Communities and Local Government as a corporation sole and for the authentication of the corporate seal and execution and certification of documents. Article 8 transfers functions from the Secretary of State for Communities and Local Government to the Secretary of State for Housing, Communities and Local Government. Article 9 transfers property, rights and liabilities. Article 10 makes supplementary provision.
Article 11 transfers functions in relation to commonhold land from the Lord Chancellor to the Secretary of State, and article 12 transfers property, rights and liabilities in connection with those functions to the Secretary of State for Housing, Communities and Local Government. Article 13 makes supplementary provision.
Article 14 makes provision preserving the validity of anything done by or in relation to the Secretary of State for Health, the Secretary of State for Communities and Local Government and the Lord Chancellor before the coming into force of this Order.
Article 15 and the Schedule make consequential amendments to primary and secondary legislation.
Nothing in this Order alters the functions of the Welsh Ministers, the Scottish Ministers or the devolved authorities in Northern Ireland
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.