2021 No. 1265

Ministers Of The Crown

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

Made10th November 2021

Laid before Parliament17th November 2021

Coming into force8th December 2021

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 commencement1.

(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.

Interpretation2.

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.

Incorporation of the Secretary of State for Levelling Up, Housing and Communities3.

(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.

Transfer of functions of Secretary of State for Housing, Communities and Local Government4.

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.

Transfer of property, rights and liabilities of Secretary of State for Housing, Communities and Local Government5.

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.

Supplementary provision in connection with articles 4 and 56.

(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.

Transfer of functions of Minister for the Cabinet Office7.

(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,

F1(b)

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

F1(c)

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

(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)8.

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).

Functions of Secretary of State to cease to be exercisable concurrently with Minister for the Cabinet Office9.

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.

Transfer of property, rights and liabilities in connection with article 910.

Supplementary provision in connection with articles 7 to 1011.

(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.

Supplementary: validity of things done before coming into force of order12.

(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.

Consequential amendments13.

Schedule 2 has effect.

Ceri King

Deputy Clerk to the Privy Council

SCHEDULES

SCHEDULE 1Acts and provisions referred to in article 9

Article 9

The 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)

1.

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

Parliamentary Commissioner Act 1967 (c. 13)

2.

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”.

Representation of the People Act 1983 (c. 2)

3.

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

Representation of the People Act 1985 (c. 50)

4.

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

Parliamentary Constituencies Act 1986 (c. 56)

5. (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”.

Town and Country Planning Act 1990 (c. 8)

6. (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”.

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

7.

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”.

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

8.

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”.

Local Government Finance Act 1992 (c. 14)

9. (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”.

Transport and Works Act 1992 (c. 42)

10.

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”.

Greater London Authority Act 1999 (c. 29)

11.

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

Representation of the People Act 2000 (c. 2)

12.

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

Local Government Act 2000 (c. 22)

13. (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.

Regulation of Investigatory Powers Act 2000 (c. 23)

14.

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.”.

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

15. (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”.

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

16.

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.”

Electoral Administration Act 2006 (c. 22)

17.

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

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

18.

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”.

Crossrail Act 2008 (c. 18)

19.

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.

Political Parties and Elections Act 2009 (c. 12)

20.

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

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

21. (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”.

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

22. (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.

Electoral Registration and Administration Act 2013 (c. 6)

23. (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”.

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

24.

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.

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

25.

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.

Digital Economy Act 2017 (c. 30)

26.

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.

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

27.

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”).

PART 2Secondary legislation

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

28. (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”.

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

29. (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”.

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

30. (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.

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

31.

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

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

32.

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”.

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.