1992 No. 1314
The Transfers of Functions (Energy) Order 1992
Made
Laid before Parliament
Coming into force
At the Court at Buckingham Palace, the 4th day of June 1992
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in pursuance of 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, and it is hereby ordered, as follows:—
Citation, interpretation and commencement1
1
This Order may be cited as the Transfer of Functions (Energy) Order 1992.
2
In this Order—
“authorisation” includes a licence, consent or approval;
“the energy efficiency functions” means such of the functions of the Secretary of State relating to energy efficiency as were previously entrusted to the Secretary of State for Energy and have, before the making of this Order, been entrusted to the Secretary of State for the Environment;
“the principal energy functions” means the functions of the Secretary of State, other than the energy efficiency functions, which immediately before 10th April 1992, were entrusted to the Secretary of State for Energy.
3
This Order shall come into force on 5th July 1992.
Transfer of functions and property2
1
The functions of the Secretary of State for Energy are hereby transferred to the Secretary of State for Trade and Industry.
2
There are hereby transferred to the Secretary of State for Trade and Industry all property, rights and liabilities to which the Secretary of State for Energy is entitled or subject, at the coming into force of this Order, in connection with the principal energy functions or with any functions transferred by paragraph (1) above.
3
There are hereby transferred to the Secretary of State for the Environment all property, rights and liabilities to which the Secretary of State for Energy is entitled or subject, at the coming into force of this Order, in connection with the energy efficiency functions.
Supplemental and incidental provision: principal energy functions etc.3
1
Any authorisation, requirement or appointment or other thing whatsoever which—
a
has been, or has effect as if, given, imposed, made or done by or in relation to the Secretary of State for Energy in connection with any of the principal energy functions or anything transferred by Article 2(1) or (2) above, and
b
is in force at the coming into force of this Order,
shall have effect as if given, imposed, made or done by or in relation to the Secretary of State for Trade and Industry.
2
Without prejudice to paragraph (1) above, this Order shall not effect the validity of anything done by or in relation to the Secretary of State for Energy before the coming into force of this Order, and anything (including any 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 Energy may, so far as it relates to—
a
any of the principal energy functions, or
b
anything transferred by Article 2(1) or (2) above,
be continued by or in relation to the Secretary of State for Trade and Industry.
3
The enactments mentioned in the Schedule to this Order shall have effect with the amendments specified in that Schedule.
4
Subject to those amendments and Article 5 below, any enactment, instrument, contract or other document passed, made or issued before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of, or in consequence of—
a
the entrusting to the Secretary of State for Trade and Industry of the principal energy functions,
b
any of the transfers made by Article 2(1) or (2) above, or
c
any of the preceding provisions of this Article,
as if any reference to the Secretary of State for Energy, to the Department of Energy or to an officer of his (including any reference which is to be construed as such a reference) were a reference to the Secretary of State for Trade and Industry, to his Department or, as the case may be, to an officer of the Secretary of State for Trade and Industry.
5
Documents or forms printed for use in connection with any of—
a
the principal energy functions, or
b
the functions transferred by Article 2(1) above,
may be used in connection with those functions notwithstanding that they contain, or are to be construed as containing, references, to the Secretary of State for Energy; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Trade and Industry.
Supplemental and incidental provision: energy efficiency functions4
1
Any instrument, contract, or other thing whatsoever which—
a
has been, or has effect as if, made, issued or done by or in relation to the Secretary of State for Energy in connection with any of the energy efficiency functions or anything transferred by Article 2(3) above, and
b
is in force at the coming into force of this Order,
shall have effect as if made, issued or done by or in relation to the Secretary of State for the Environment.
2
Anything (including any 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 Energy may, so far as it relates to—
a
any of the energy efficiency functions, or
b
anything transferred by Article 2(3) above,
be continued by or in relation to the Secretary of State for the Environment.
3
Any instrument, contract or other document made or issued before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of, or in consequence of—
a
the entrusting to the Secretary of State for the Environment of the energy efficiency functions,
b
any of the transfers made by Article 2(3) above, or
c
any of the preceding provisions of this Article,
as if any reference to the Secretary of State for Energy, to the Department of Energy or to an officer of his (including any reference which is to be construed as such a reference) were a reference to the Secretary of State for the Environment, to his Department or, as the case may be, to an officer of the Secretary of State for the Environment.
4
Documents or forms printed for use in connection with any of the energy efficiency functions may be used in connection with those functions notwithstanding that they contain, or are to be construed as containing, references to the Secretary of State for Energy; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for the Environment.
Amendment of the Parliamentary Commissioner Act 19675
In Schedule 2 to the Parliamentary Commissioner Act 19672, the words “Department of Energy” are hereby repealed.
SCHEDULECONSEQUENTIAL AMENDMENTS
1
The words “Secretary of State for Trade and Industry” shall be substituted for the words “Secretary of State for Energy” in each place where they occur in the following enactments—
a
the definition of the “appropriate Minister” in section 51(1) of the Opencast Coal Act 19583;
b
section 213(1) of the Town and Country Planning (Scotland) Act 19724;
c
section 78(1) of the New Towns Act 19815
d
paragraph 2(9) of Schedule 7 to the Gas Act 19866;
e
paragraphs 3(1) of Schedule 16 to the Electricity Act 19897;
f
sections 265(1) and (2) and 317(1) of the Town and Country Planning Act 19908;
g
section 85(1) of the Planning (Listed Buildings and Conservation Areas) Act 19909.
2
The words “Department of Trade and Industry” shall be substituted for the words “Department of Energy” in each place where they occur in the following enactments—
a
sections 13(7) and 16(7) of the Gas Act 198610;
b
section 23(10) of the Transport and Works Act 199211.
(This note is not part of the Order)