2021 No. 1265

Ministers Of The Crown

The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021

Made

Laid before Parliament

Coming into force

At the Court at Windsor Castle, the 10th day of November 2021

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by sections 1 and 2 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 commencementI11

1

This Order may be cited as the Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021.

2

This Order comes into force on 8th December 2021.

Annotations:
Commencement Information
I1

Art. 1 in force at 8.12.2021, see art. 1(2)

InterpretationI22

In this Order “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.

Annotations:
Commencement Information
I2

Art. 2 in force at 8.12.2021, see art. 1(2)

Incorporation of the Secretary of State for Levelling Up, Housing and CommunitiesI33

1

The person who at the coming into force of this Order is the Secretary of State for Levelling Up, Housing and Communities and any successor to that person is by that name a corporation sole.

2

The corporate seal of the Secretary of State for Levelling Up, Housing and Communities—

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 noticed.

3

Every document purporting to be an instrument made or issued by the Secretary of State for Levelling Up, Housing and Communities 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 Levelling Up, Housing and Communities that an instrument purporting to be made or issued by—

a

the Secretary of State for Levelling Up, Housing and Communities,

b

the Secretary of State for Housing, Communities and Local Government,

c

the Secretary of State for Communities and Local Government,

d

the First Secretary of State,

e

the Secretary of State for Transport, Local Government and the Regions,

f

the Secretary of State for Environment, Transport and the Regions, or

g

the Secretary of State for the Environment,

was so made or issued is conclusive evidence of that fact.

5

The Documentary Evidence Act 18682 applies in relation to the Secretary of State for Levelling Up, Housing and Communities—

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.

Annotations:
Commencement Information
I3

Art. 3 in force at 8.12.2021, see art. 1(2)

Transfer of functions of Secretary of State for Housing, Communities and Local GovernmentI44

The functions of the Secretary of State for Housing, Communities and Local Government are transferred to the Secretary of State for Levelling Up, Housing and Communities.

Annotations:
Commencement Information
I4

Art. 4 in force at 8.12.2021, see art. 1(2)

Transfer of property, rights and liabilities of Secretary of State for Housing, Communities and Local GovernmentI55

There are transferred to the Secretary of State for Levelling Up, Housing and Communities all property, rights and liabilities to which the Secretary of State for Housing, Communities and Local Government is entitled or subject at the coming into force of this Order.

Annotations:
Commencement Information
I5

Art. 5 in force at 8.12.2021, see art. 1(2)

Supplementary provision in connection with articles 4 and 5I66

1

In this article “MHCLG 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 Housing, Communities and Local Government immediately before 20th September 2021 and has before the making of this Order been entrusted to the Secretary of State for Levelling Up, Housing and Communities.

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 for Housing, Communities and Local Government may be continued by or in relation to the Secretary of State for Levelling Up, Housing and Communities.

3

Anything done (or having effect as if done) by or in relation to the Secretary of State for Housing, Communities and Local Government has effect, so far as is 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 Levelling Up, Housing and Communities.

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—

a

the transfer or entrusting to the Secretary of State for Levelling Up, Housing and Communities of any MHCLG 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 Housing, Communities and Local Government were or included references to the Secretary of State for Levelling Up, Housing and Communities.

5

Documents or forms printed for use in connection with an MHCLG 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 Housing, Communities and Local Government.

6

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 Levelling Up, Housing and Communities.

7

In paragraphs (2) to (6) references to a Secretary of State include references to the department or an officer of that Secretary of State.

Annotations:
Commencement Information
I6

Art. 6 in force at 8.12.2021, see art. 1(2)

Transfer of functions of Minister for the Cabinet OfficeI77

1

The functions of the Minister for the Cabinet Office under section 2(2)(b) of the Political Parties, Elections and Referendums Act 20003

a

are transferred to the Secretary of State for Levelling Up, Housing and Communities,

F1b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The functions of the Minister for the Cabinet Office under—

a

the Representation of the People (England and Wales) Regulations 20014, and

b

the Representation of the People (Scotland) Regulations 20015,

other than the functions mentioned in paragraph (3), are transferred to the Secretary of State.

3

The functions of the Minister for the Cabinet Office under—

a

regulations 29ZA, 29ZB, 32ZBB and 32ZBC of the Representation of the People (England and Wales) Regulations 20016, and

b

regulations 29ZA, 29ZB, 32ZBB and 32ZBC of the Representation of the People (Scotland) Regulations 20017,

are transferred to the Secretary of State for Levelling Up, Housing and Communities.

Transfer of property, rights and liabilities in connection with article 7(2) and (3)I88

There are transferred to the Secretary of State for Levelling Up, Housing and Communities all property, rights and liabilities to which the Minister for the Cabinet Office is entitled or subject at the coming into force of this Order in connection with a function transferred by article 7(2) or (3).

Annotations:
Commencement Information
I8

Art. 8 in force at 8.12.2021, see art. 1(2)

Functions of Secretary of State to cease to be exercisable concurrently with Minister for the Cabinet OfficeI99

The functions of the Secretary of State under—

a

an Act, or a provision of an Act or instrument, listed in Schedule 1, or

b

an instrument having effect under any such Act or a provision of such an Act,

which are exercisable concurrently with the Minister for the Cabinet Office are to cease to be exercisable concurrently with the Minister for the Cabinet Office and are instead to be exercisable only by the Secretary of State8.

Annotations:
Commencement Information
I9

Art. 9 in force at 8.12.2021, see art. 1(2)

Transfer of property, rights and liabilities in connection with article 9I1010

There are transferred to the Secretary of State for Levelling Up, Housing and Communities all property, rights and liabilities to which the Minister for the Cabinet Office is entitled or subject at the coming into force of this Order in connection with a function which is directed by article 9 to be exercisable only by the Secretary of State.

Annotations:
Commencement Information
I10

Art. 10 in force at 8.12.2021, see art. 1(2)

Supplementary provision in connection with articles 7 to 10I1111

1

This article applies to—

a

a function that is transferred by article 7(2) (“an article 7(2) function”),

b

a function that is transferred by article 7(3) (“an article 7(3) function”),

c

anything that is transferred by article 8,

d

a function that, by virtue of article 9, ceases to be exercisable concurrently by the Minister for the Cabinet office (“an article 9 function”), and

e

anything that is transferred by article 10.

2

In this article “the transferee” means—

a

in relation to an article 7(2) function or an article 9 function, the Secretary of State, and

b

in relation to an article 7(3) function or anything transferred by article 8 or 10, the Secretary of State for Levelling Up, Housing and Communities.

3

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 Minister for the Cabinet Office may, so far as it relates to anything to which this article applies, be continued by or in relation to the transferee.

4

Anything done (or having effect as if done) by or in relation to the Minister for the Cabinet Office in connection with anything to which this article applies has effect, so far as is necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the transferee.

5

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 article 7(2) or 9, as if references to (and references which are to be read as references to) the Minister for the Cabinet Office were or included references to the Secretary of State.

6

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 article 7(3), 8 or 10, as if references to (and references which are to be read as references to) the Minister for the Cabinet Office were or included references to the Secretary of State for Levelling Up, Housing and Communities.

7

Documents or forms printed for use in connection with an article 7(2) function, an article 7(3) function or an article 9 function may be used in connection with the exercise of that function by the transferee even though they contain, or are to be read as containing, references to the Minister for the Cabinet Office.

8

For the purposes of the use of any such documents or forms in connection with the exercise of that function by the transferee after the coming into force of this Order, those references are to be read as references to the transferee.

9

In paragraphs (3) to (8)—

a

references to the Minister for the Cabinet Office include references to the Cabinet Office or an officer of that office, and

b

references to a Secretary of State include references to the department or an officer of that Secretary of State accordingly.

Annotations:
Commencement Information
I11

Art. 11 in force at 8.12.2021, see art. 1(2)

Supplementary: validity of things done before coming into force of orderI1212

1

This Order does not affect the validity of anything done (or having effect as if done) by or in relation to—

a

the Secretary of State for Housing, Communities and Local Government, or

b

the Minister for the Cabinet Office,

before the coming into force of this Order.

2

In paragraph (1) —

a

the reference to the Secretary of State for Housing, Communities and Local Government includes a reference to the department or an officer of that Secretary of State, and

b

the reference to the Minister for the Cabinet Office includes a reference to the Cabinet Office or an officer of that office.

Annotations:
Commencement Information
I12

Art. 12 in force at 8.12.2021, see art. 1(2)

Consequential amendmentsI1313

Schedule 2 has effect.

Annotations:
Commencement Information
I13

Art. 13 in force at 8.12.2021, see art. 1(2)

Ceri KingDeputy Clerk to the Privy Council

SCHEDULES

I46SCHEDULE 1Acts and provisions referred to in article 9

Article 9

Annotations:
Commencement Information
I46

Sch. 1 in force at 8.12.2021, see art. 1(2)

I46The Acts and provisions referred to in article 9 are—

a

the Representation of the People Act 19839;

b

the Representation of the People Act 198510;

c

sections 3(2ZA), 4 and 4A of, and Schedule 1 to, the Parliamentary Constituencies Act 198611;

d

paragraph 16 of Schedule 4B to the Town and Country Planning Act 199012;

e

section 52ZQ of the Local Government Finance Act 199213;

f

section 17A of the Greater London Authority Act 199914;

g

the Representation of the People Act 200015;

h

the Local Government Act 200016;

i

the Political Parties, Elections and Referendums Act 200017;

j

the Electoral Administration Act 200618;

k

the Political Parties and Elections Act 200919;

l

sections 114(1) and 116(1) of, and paragraphs 3 and 12 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 200920;

m

the Police Reform and Social Responsibility Act 201121;

n

the Electoral Registration and Administration Act 201322;

o

section 33(10) of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 201423;

p

regulation 10 of the Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendments) Regulations 202024.

SCHEDULE 2Consequential amendments

Article 13

PART 1Primary legislation

Transport Act 1962 (c. 46)I141

In section 86(6A) of the Transport Act 196225, for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”.

Annotations:
Commencement Information
I14

Sch. 2 para. 1 in force at 8.12.2021, see art. 1(2)

Parliamentary Commissioner Act 1967 (c. 13)I152

In Schedule 2 to the Parliamentary Commissioner Act 196726

a

omit “Ministry of Housing, Communities and Local Government”27, and

b

at the appropriate place insert “Department for Levelling Up, Housing and Communities”.

Annotations:
Commencement Information
I15

Sch. 2 para. 2 in force at 8.12.2021, see art. 1(2)

Representation of the People Act 1983 (c. 2)I163

In the Representation of the People Act 1983, omit section 199ZA28.

Annotations:
Commencement Information
I16

Sch. 2 para. 3 in force at 8.12.2021, see art. 1(2)

Representation of the People Act 1985 (c. 50)I174

In section 27 of the Representation of the People Act 1985, omit subsection (2ZA)29.

Annotations:
Commencement Information
I17

Sch. 2 para. 4 in force at 8.12.2021, see art. 1(2)

Parliamentary Constituencies Act 1986 (c. 56)I185

1

The Parliamentary Constituencies Act 1986 is amended as follows.

2

In section 3(2ZA)30, omit “or the Minister for the Cabinet Office”.

3

In section 431

a

in subsections (1) and (4), omit “or the Minister for the Cabinet Office”, and

b

in subsection (4B), omit “or, as the case may be, the Minister for the Cabinet Office”.

4

In section 4A(3)32, omit “or the Minister for the Cabinet Office”.

5

In Schedule 133, in paragraphs 2, 4A, 6(1) and (2) and 7, omit “or the Minister for the Cabinet Office”.

Annotations:
Commencement Information
I18

Sch. 2 para. 5 in force at 8.12.2021, see art. 1(2)

Town and Country Planning Act 1990 (c. 8)I196

1

The Town and Country Planning Act 1990 is amended as follows.

2

In the following provisions, for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”

a

section 228(1) and (7) and the heading of that section34;

b

section 245(1)(b)35;

c

section 265(1)(d)36.

3

In paragraph 16(1) and (5) of Schedule 4B37, omit “or the Minister for the Cabinet Office”.

4

In paragraph 8(2) of Schedule 638, for “the Ministry of Housing, Communities and Local Government” substitute “the Department for Levelling Up, Housing and Communities”.

Annotations:
Commencement Information
I19

Sch. 2 para. 6 in force at 8.12.2021, see art. 1(2)

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)I207

In paragraph 7(2) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 199039, for “the Ministry of Housing, Communities and Local Government” substitute “the Department for Levelling Up, Housing and Communities”.

Annotations:
Commencement Information
I20

Sch. 2 para. 7 in force at 8.12.2021, see art. 1(2)

Planning (Hazardous Substances) Act 1990 (c. 10)I218

In paragraph 7(2) of the Schedule to the Planning (Hazardous Substances) Act 199040, for “the Ministry of Housing, Communities and Local Government” substitute “the Department for Levelling Up, Housing and Communities”.

Annotations:
Commencement Information
I21

Sch. 2 para. 8 in force at 8.12.2021, see art. 1(2)

Local Government Finance Act 1992 (c. 14)I229

1

The Local Government Finance Act 1992 is amended as follows.

2

In section 52ZQ(1), (2) and (6)41, omit “or the Minister for the Cabinet Office”.

3

In section 113(1), (2) and (3)42, omit “, the Minister for the Cabinet Office”.

Annotations:
Commencement Information
I22

Sch. 2 para. 9 in force at 8.12.2021, see art. 1(2)

Transport and Works Act 1992 (c. 42)I2310

In section 23(10) of the Transport and Works Act 199243, for “the Ministry of Housing, Communities and Local Government”, in both places, substitute “the Department for Levelling Up, Housing and Communities”.

Annotations:
Commencement Information
I23

Sch. 2 para. 10 in force at 8.12.2021, see art. 1(2)

Greater London Authority Act 1999 (c. 29)I2411

In section 17A(3) and (6) of the Greater London Authority Act 199944, omit “or the Minister for the Cabinet Office”.

Annotations:
Commencement Information
I24

Sch. 2 para. 11 in force at 8.12.2021, see art. 1(2)

Representation of the People Act 2000 (c. 2)I2512

In the Representation of the People Act 2000, omit section 16A45.

Annotations:
Commencement Information
I25

Sch. 2 para. 12 in force at 8.12.2021, see art. 1(2)

Local Government Act 2000 (c. 22)I2613

1

The Local Government Act 2000 is amended as follows.

2

In the following provisions, omit “or the Minister for the Cabinet Office”—

a

section 9HE(1), (4) and (5) (in both places)46;

b

section 9MG(2), (3) and (6)47;

c

section 44(1), (3A) and (3B) (in both places)48.

3

In section 105, omit subsection (2A)49.

Annotations:
Commencement Information
I26

Sch. 2 para. 13 in force at 8.12.2021, see art. 1(2)

Regulation of Investigatory Powers Act 2000 (c. 23)I2714

In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 for paragraph 9A50 substitute—

9A

The Department for Levelling Up, Housing and Communities.

Annotations:
Commencement Information
I27

Sch. 2 para. 14 in force at 8.12.2021, see art. 1(2)

Political Parties, Elections and Referendums Act 2000 (c. 41)I2815

1

The Political Parties, Elections and Referendums Act 2000 is amended as follows.

2

In section 2(2)(b)51, for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

3

Omit section 159A52.

4

In paragraph 2(1)(c) of Schedule 253, for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

Annotations:
Commencement Information
I28

Sch. 2 para. 15 in force at 8.12.2021, see art. 1(2)

Domestic Violence, Crime and Victims Act 2004 (c. 28)I2916

In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004, for paragraph 8B54 substitute—

8B

The Department for Levelling Up, Housing and Communities.

Annotations:
Commencement Information
I29

Sch. 2 para. 16 in force at 8.12.2021, see art. 1(2)

Electoral Administration Act 2006 (c. 22)I3017

In the Electoral Administration Act 2006, omit section 74A55.

Annotations:
Commencement Information
I30

Sch. 2 para. 17 in force at 8.12.2021, see art. 1(2)

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)I3118

In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007—

a

omit “Ministry of Housing, Communities and Local Government”56, and

b

at the appropriate place insert “Department for Levelling Up, Housing and Communities”.

Annotations:
Commencement Information
I31

Sch. 2 para. 18 in force at 8.12.2021, see art. 1(2)

Crossrail Act 2008 (c. 18)I3219

In the following provisions of the Crossrail Act 2008, for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”

a

section 12(6) (in the definition of “appropriate Ministers”)57;

b

section 54(5)58;

c

paragraph 2(8) of Schedule 5 (in the definition of “appropriate Ministers”)59;

d

paragraph 37(2) of Schedule 760.

Annotations:
Commencement Information
I32

Sch. 2 para. 19 in force at 8.12.2021, see art. 1(2)

Political Parties and Elections Act 2009 (c. 12)I3320

In the Political Parties and Elections Act 2009, omit section 38A61.

Annotations:
Commencement Information
I33

Sch. 2 para. 20 in force at 8.12.2021, see art. 1(2)

Local Democracy, Economic Development and Construction Act 2009 (c. 20)I3421

1

The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

2

In section 114, omit subsection (1A)62.

3

In section 116, omit subsection (1A)63.

4

In Schedule 5B64, in paragraphs 3 and 12(1), (4) and (5) (in both places), omit “or the Minister for the Cabinet Office”.

Annotations:
Commencement Information
I34

Sch. 2 para. 21 in force at 8.12.2021, see art. 1(2)

Police Reform and Social Responsibility Act 2011 (c. 13)I3522

1

The Police Reform and Social Responsibility Act 2011 is amended as follows.

2

In the following provisions omit “or the Minister for the Cabinet Office”—

a

section 50(4)65;

b

section 54(1)(b) and (2)66.

3

In section 55—

a

in subsections (1)(b), (4) and (6) to (11) for “Minister”, in each place, substitute “Secretary of State”, and

b

in subsection (12), omit the definition of “the Minister”67.

4

In the following provisions omit “or the Minister for the Cabinet Office”—

a

section 58(1) and (5)68;

b

section 65(3)69;

c

section 66(8)70;

d

section 70(1)(a)71;

e

section 71(6)72;

f

section 75(1)73;

g

section 154(1) and (5)74.

Annotations:
Commencement Information
I35

Sch. 2 para. 22 in force at 8.12.2021, see art. 1(2)

Electoral Registration and Administration Act 2013 (c. 6)I3623

1

The Electoral Registration and Administration Act 2013 is amended as follows.

2

In the following provisions, for “Minister” substitute “Secretary of State”

a

section 7(1) and (2);

b

section 8(1), (3) and (4);

c

section 9(3) (in both places), (7) and (9);

d

section 10(1) and (4) (in both places).

3

Omit section 2575.

4

In section 27(1) and (10), for “Minister” substitute “Secretary of State”.

Annotations:
Commencement Information
I36

Sch. 2 para. 23 in force at 8.12.2021, see art. 1(2)

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)I3724

In section 33 of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014—

a

in subsections (10) and (11)(b), for “Minister”, in each place, substitute “Secretary of State”, and

b

omit subsection (13)76.

Annotations:
Commencement Information
I37

Sch. 2 para. 24 in force at 8.12.2021, see art. 1(2)

High Speed Rail (London – West Midlands) Act 2017 (c. 7)I3825

In the following provisions of the High Speed Rail (London – West Midlands) Act 2017, for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”

a

section 64(5)77;

b

paragraph 5(9) of Schedule 16 (in the definition of “appropriate Ministers”)78;

c

paragraph 30 of Schedule 17 (in the definition of “appropriate Ministers”)79.

Annotations:
Commencement Information
I38

Sch. 2 para. 25 in force at 8.12.2021, see art. 1(2)

Digital Economy Act 2017 (c. 30)I3926

In the following provisions of the Digital Economy Act 2017, for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”

a

paragraph 8 of Schedule 480;

b

paragraph 3 of Schedule 581;

c

paragraph 2 of Schedule 682;

d

paragraph 9 of Schedule 883.

Annotations:
Commencement Information
I39

Sch. 2 para. 26 in force at 8.12.2021, see art. 1(2)

High Speed Rail (West Midlands – Crewe) Act 2021 (c. 2)I4027

In the following provisions of the High Speed Rail (West Midlands – Crewe) Act 2021, for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”

a

section 56(5);

b

paragraph 5(9) of Schedule 15 (in the definition of “appropriate Ministers”);

c

paragraph 29 of Schedule 17 (in the definition of “appropriate Ministers”).

Annotations:
Commencement Information
I40

Sch. 2 para. 27 in force at 8.12.2021, see art. 1(2)

PART 2Secondary legislation

Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)I4128

1

The Representation of the People (England and Wales) Regulations 2001 are amended as follows.

2

In regulation 3(1)84, in the definition of “digital service” for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

3

In regulation 2685

a

in paragraph (6), for “Minister for the Cabinet Office” substitute “Secretary of State”,

b

in paragraph (6A), for “Minister” substitute “Secretary of State”,

c

in paragraph (9)—

i

for “Minister for the Cabinet Office” substitute “Secretary of State”, and

ii

for “Minister” substitute “Secretary of State”, and

d

in paragraph (11), for “Minister for the Cabinet Office” substitute “Secretary of State”.

4

In regulation 26A86

a

in paragraph (3), for “Minister for the Cabinet Office” substitute “Secretary of State”, and

b

in paragraph (3A), for “Minister” substitute “Secretary of State”.

5

In regulation 29ZA87

a

in paragraph (1), for “Minister for the Cabinet Office”, in both places, substitute “Secretary of State for Levelling Up, Housing and Communities”,

b

in paragraph (2)—

i

for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

ii

after “Secretary of State” insert “for Work and Pensions”,

c

in paragraph (3), after “Secretary of State”, in each place, insert “for Work and Pensions”,

d

in paragraph (4)—

i

after “Secretary of State” insert “for Work and Pensions”, and

ii

for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”,

e

in paragraphs (5) and (6), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

f

in paragraph (7), omit sub-paragraph (b).

6

In regulation 29ZB88, in paragraphs (7) and (8), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

7

In regulation 29—

a

in paragraph (2BF)(b)89, for “Minister for the Cabinet Office” substitute “Secretary of State”, and

b

in paragraph (2BG)90, for “Minister” substitute “Secretary of State”.

8

In regulation 32ZBA(7)(a)91, for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

9

In regulation 32ZBB92

a

in paragraphs (1) and (2), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”,

b

in paragraph (3)—

i

for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

ii

after “Secretary of State” insert “for Work and Pensions”,

c

in paragraph (4), after “Secretary of State”, in each place, insert “for Work and Pensions”,

d

in paragraph (5)—

i

after “Secretary of State” insert “for Work and Pensions”, and

ii

for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”,

e

in paragraphs (6) and (7), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

f

in paragraph (9) —

i

in paragraph (e) of the definition of “matching data”, for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

ii

omit the definition of “the Secretary of State”.

10

In regulation 32ZBC93, in paragraphs (3), (4) and (5), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

11

In regulation 32ZBG94, in each of paragraphs (1)(b) and (3), for “Minister for the Cabinet Office” substitute “Secretary of State”.

12

In regulation 32ZC95

a

in paragraph (1)(b), for “Minister for the Cabinet Office” substitute “Secretary of State”, and

b

in paragraph (1A), for “Minister” substitute “Secretary of State”.

Annotations:
Commencement Information
I41

Sch. 2 para. 28 in force at 8.12.2021, see art. 1(2)

Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)I4229

1

The Representation of the People (Scotland) Regulations 2001 are amended as follows.

2

In regulation 3(1)96, in the definition of “digital service” for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

3

In regulation 2697

a

in paragraphs (6) and (6A), for “Minister for the Cabinet Office” substitute “Secretary of State”,

b

in paragraph (9)—

i

for “Minister for the Cabinet Office” substitute “Secretary of State”, and

ii

for “Minister” substitute “Secretary of State”, and

c

in paragraph (11), for “Minister for the Cabinet Office” substitute “Secretary of State”.

4

In regulation 26A98, in paragraphs (3) and (3A), for “Minister for the Cabinet Office” substitute “Secretary of State”.

5

In regulation 29ZA99

a

in paragraph (1), for “Minister for the Cabinet Office”, in both places, substitute “Secretary of State for Levelling Up, Housing and Communities”,

b

in paragraph (2)—

i

for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

ii

after “Secretary of State” insert “for Work and Pensions”,

c

in paragraph (3), after “Secretary of State”, in each place, insert “for Work and Pensions”,

d

in paragraph (4)—

i

after “Secretary of State” insert “for Work and Pensions”, and

ii

for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”,

e

in paragraphs (5) and (6), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

f

in paragraph (7), omit sub-paragraph (b).

6

In regulation 29ZB100, in paragraphs (7) and (8), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

7

In regulation 29(2AF)(b)101 and (2AG)102, for “Minister for the Cabinet Office” substitute “Secretary of State”.

8

In regulation 32ZBA(7)(a)103, for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

9

In regulation 32ZBB104

a

in paragraphs (1) and (2), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”,

b

in paragraph (3)—

i

for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

ii

after “Secretary of State” insert “for Work and Pensions”,

c

in paragraph (4), after “Secretary of State”, in each place, insert “for Work and Pensions”,

d

in paragraph (5)—

i

after “Secretary of State” insert “for Work and Pensions”, and

ii

for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”,

e

in paragraphs (6) and (7), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

f

in paragraph (9) —

i

in paragraph (e) of the definition of “matching data”, for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”, and

ii

omit the definition of “the Secretary of State”.

10

In regulation 32ZBC105, in each of paragraphs (3), (4) and (5), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

11

In regulation 32ZBG106, in each of paragraphs (1)(b) and (2), for “Minister for the Cabinet Office” substitute “Secretary of State”.

12

In regulation 32ZC107, in paragraphs (1)(b) and (1A), for “Minister for the Cabinet Office” substitute “Secretary of State”.

Annotations:
Commencement Information
I42

Sch. 2 para. 29 in force at 8.12.2021, see art. 1(2)

Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917)I4330

1

The Police and Crime Commissioner Elections Order 2012 is amended as follows.

2

In article 2(1)108, omit the definition of “the Minister”.

3

In the following provisions, in each place, for “Minister” substitute “Secretary of State”

a

article 6(1) and (2)109;

b

article 16(1)110;

c

article 36(1)111;

d

article 52(1) and (4)112;

e

article 64(7)113;

f

paragraphs 21(6) and 59(5) of Schedule 2114;

g

paragraph 62(4)(a) of Schedule 3115;

h

paragraph 3(4) of Schedule 5116;

i

paragraphs 15(2) to (7) and 16(1) and (3) of Schedule 7117;

j

paragraphs 6(1)(c), 7(5) and (6), 8(1) and (2) and the heading to that paragraph, 9(1) and (4), 10(1)(a), 12(1), (2)(d) and (6)(c) and 13(1) to (4) of Schedule 8118;

k

in Part 1 of Schedule 9, in the table, in the modifications to sections 131, 132, 133 and 181 of the Representation of the People Act 1983119;

l

paragraph 1(3) of Schedule 10120.

Annotations:
Commencement Information
I43

Sch. 2 para. 30 in force at 8.12.2021, see art. 1(2)

Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012 (S.I. 2012/2088)I4431

In regulation 3 of the Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012121, omit “or the Minister for the Cabinet Office”.

Annotations:
Commencement Information
I44

Sch. 2 para. 31 in force at 8.12.2021, see art. 1(2)

Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020 (S.I. 2020/926)I4532

In article 10 of the Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020—

a

in paragraphs (2) and (4), for “Minister”, in each place, substitute “Secretary of State”, and

b

in paragraph (7), omit the definition of “the Minister”.

Annotations:
Commencement Information
I45

Sch. 2 para. 32 in force at 8.12.2021, see art. 1(2)

EXPLANATORY NOTE

(This note is not part of the Order)

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 establishment of the Department for Levelling Up, Housing and Communities.

Article 3 provides for the incorporation of the Secretary of State for Levelling Up, Housing and Communities as a corporation sole and for the authentication of the corporate seal and execution and certification of documents.

Articles 4 and 5 provide for the transfer of functions and property, rights and liabilities from the Secretary of State for Housing, Communities and Local Government to the Secretary of State for Levelling Up, Housing and Communities. Article 6 makes supplementary provision in connection with articles 4 and 5.

Article 7(1) provides that the functions of the Minister for the Cabinet Office under section 2(2)(b) of the Political Parties, Elections and Referendums Act 2000 (c. 41) are to be transferred to the Secretary of State for Levelling Up, Housing and Communities. It also provides that those functions cease to be exercisable concurrently with any Minister of the Crown in the Cabinet Office with responsibilities in relation to the constitution, and are instead to be exercisable concurrently with any Minister of the Crown in the Department for Levelling Up, Housing and Communities with responsibilities in relation to the constitution.

Article 7(2) and (3) transfers functions previously exercisable solely by the Minister for the Cabinet Office under the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) and the Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) to the Secretary of State or the Secretary of State for Levelling Up, Housing and Communities. Article 8 provides for the transfer of property, rights and liabilities in connection with article 7(2) and (3).

Article 9 and Schedule 1 provide that certain functions previously exercisable by the Secretary of State concurrently with the Minister for the Cabinet Office will now instead be exercisable solely by the Secretary of State. Article 10 provides for the transfer of property, rights and liabilities in connection with article 9.

Article 11 makes supplementary provision in connection with articles 7 to 10.

Article 12 makes provision preserving the validity of anything done by or in relation to the Secretary of State for Housing, Communities and Local Government or the Minister for the Cabinet Office before the coming into force of this Order.

Article 13 and Schedule 2 make consequential amendments to Acts of Parliament and subordinate 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.