2020 No. 940
The Transfer of Functions (Digital Government) Order 2020
Made
Laid before Parliament
Coming into force
At the Court at Balmoral, the 2nd day of September 2020
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred by section 1 of the Ministers of the Crown Act 19751, is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation and commencement1
1
This Order may be cited as the Transfer of Functions (Digital Government) Order 2020.
2
This Order comes into force on 30th September 2020.
Functions of the Secretary of State to be exercisable concurrently with the Minister for the Cabinet Office2
1
Subject to article 3, the functions of the Secretary of State under Chapter 1 of Part 5 of the Digital Economy Act 20172 (digital government: public service delivery) are to be exercisable concurrently with the Minister for the Cabinet Office.
2
The functions to which paragraph (1) applies include functions under any provision not yet fully in force at the time this Order is made.
Transfer of function from the Secretary of State to the Minister for the Cabinet Office3
The function of the Secretary of State under section 44(4)(d) of the Digital Economy Act 20173 (regulations under Chapter 1 of Part 5: consultation) is transferred to the Minister for the Cabinet Office.
Supplementary provision4
1
In this article “relevant function” means a function—
a
which is directed by article 2 to be exercisable by the Secretary of State concurrently with the Minister for the Cabinet Office, or
b
which is transferred by article 3.
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 Secretary of State may, so far as it relates to a relevant function, be continued by or in relation to the Minister for the Cabinet Office.
3
Anything done (or having effect as if done) by or in relation to the Secretary of State in connection with a relevant function 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 Minister for the Cabinet Office.
4
Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as necessary for the purposes of or in consequence of article 2 or 3, as if references to (and references which are to be read as references to) the Secretary of State were or included references to the Minister for the Cabinet Office.
5
Documents or forms printed for use in connection with a relevant function may be used in connection with the exercise of that function by the Minister for the Cabinet Office even though they contain (or are read as containing) references to the Secretary of State; and for the purposes of the use of any such documents or forms in connection with the exercise of that function by the Minister for the Cabinet Office, those references are to be read as references to the Minister for the Cabinet Office.
6
a
references to the Secretary of State include references to the department or an officer of the Secretary of State, and
b
references to the Minister for the Cabinet Office include references to the Cabinet Office or an officer in that Office accordingly.
7
In this article “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.
Validity of things done before coming into force of Order5
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 before the coming into force of this Order.
2
In paragraph (1) the reference to the Secretary of State includes a reference to the department or an officer of the Secretary of State.
Consequential amendments6
1
The Digital Economy Act 2017 is amended as follows.
2
In section 434 for “Secretary of State”, in each place it occurs, substitute “relevant Minister”.
3
In section 445—
a
in subsection (1)(a), for “Secretary of State” substitute “relevant Minister”;
b
in subsection (4)(d), for “Secretary of State, the Secretary of State” substitute “relevant Minister, the Minister for the Cabinet Office”;
c
in subsection (7), for “Secretary of State” substitute “relevant Minister”.
4
In section 45(1)6—
a
in the definition of “the appropriate national authority”, for “Secretary of State” substitute “relevant Minister”;
b
after the definition of “public authority” insert—
“relevant Minister” means the Secretary of State or the Minister for the Cabinet Office;
(This note is not part of the Order)