This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Order in Council)
This Order in Council is made under sections 1 and 2 of the Ministers of the Crown Act 1975. It makes provision in connection with the establishment of the Department for Energy Security and Net Zero, the Department for Science, Innovation and Technology, the Department for Business and Trade and the Department for Culture, Media and Sport.
Articles 3, 4 and 5 provide for the incorporation of the Department for Energy Security and Net Zero, the Department for Science, Innovation and Technology and the Department for Business and Trade as corporations sole. Those articles also make provision about the authentication of the corporate seals of those departments and about the execution and certification of documents.
Article 6 makes similar provision about the certification of documents in relation to the Department for Culture, Media and Sport. That department has already been incorporated: the Secretary of State for National Heritage was incorporated by S.I. 1992/1311 and then that Secretary of State was renamed the Secretary of State for Culture, Media and Sport by S.I. 1997/1744.
Article 7 transfers certain statutory functions from the Secretary of State for Business, Energy and Industrial Strategy to the Secretary of State for Energy Security and Net Zero.
Article 8(1) provides for the transfer of property, rights and liabilities from the Secretary of State for Business, Energy and Industrial Strategy to the Secretary of State for Energy Security and Net Zero. Article 8(2) to (6) makes supplementary provision, in particular for ensuring continuity in the exercise of the functions and in relation to the property, rights and liabilities transferred.
Article 9 transfers certain statutory functions to the Secretary of State for Science, Innovation and Technology. Some of these come from the Secretary of State for Business, Energy and Industrial Strategy, and some come from the Secretary of State for Digital, Culture, Media and Sport.
Article 10(1) provides for the transfer of property, rights and liabilities to the Secretary of State for Science, Innovation and Technology, including those relating to certain functions that the Secretary of State for Science, Innovation and Technology has received from the Minister for the Cabinet Office and the Chancellor of the Duchy of Lancaster. Article 10(2) to (12) makes similar supplementary provision to that in article 8(2) to (6).
Article 11 transfers certain statutory functions from the Secretary of State for Business, Energy and Industrial Strategy to the Secretary of State for Business and Trade. Article 12 deals with the transfer of property, rights and liabilities to that Secretary of State, including in relation to functions that have come from the Secretary of State for International Trade, and contains similar supplementary provision to that in articles 8 and 10.
Article 13 transfers certain statutory functions from the Secretary of State for Digital, Culture, Media and Sport to the Secretary of State for Culture, Media and Sport. Article 14 effects the transfer of property, rights and liabilities to the Secretary of State for Culture, Media and Sport and contains supplementary provisions.
Article 15 provides for functions of the Secretary of State under the National Security and Investment Act 2021, and for certain similar legacy functions under the Enterprise Act 2002, to be exercisable concurrently by the Secretary of State and the Chancellor of the Duchy of Lancaster. Article 16 transfers property, rights and liabilities in connection with those functions to the Chancellor of the Duchy of Lancaster, and contains supplementary provision.
Article 17 makes provision preserving the validity of anything done by or in relation to the Secretary of State for Business, Energy and Industrial Strategy, the Secretary of State for Digital, Culture, Media and Sport, the Secretary of State for International Trade, the Minister for the Cabinet Office and the Chancellor of the Duchy of Lancaster before the coming into force of this Order.
Article 18 introduces the Schedule, which makes consequential amendments to Acts of Parliament, secondary legislation and retained EU law.
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.
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