The Chancellor of the Duchy of Lancaster Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order in Council is made under section 1 of the Ministers of the Crown Act 1975.

The Order makes provision for various functions of the Secretary of State in relation to elections and related matters, that are exercisable concurrently with the Lord President of the Council (“the Lord President”), to be exercisable instead by the Secretary of State concurrently with the Chancellor of the Duchy of Lancaster (“the Chancellor of the Duchy”). The Order also provides for some functions of the Lord President to be transferred to the Chancellor of the Duchy. The Order also provides for some functions of the Secretary of State relating to police and crime commissioner elections taking place after April 2016 to be exercisable concurrently with the Chancellor of the Duchy. It also makes supplementary provision in connection with these matters.

Article 3 provides for various functions of the Secretary of State that are exercisable concurrently with the Lord President under Acts, or provisions of Acts or instruments, listed in Schedule 1 (or under an instrument having effect under any such Act or provision of such an Act) instead to be exercisable concurrently with the Chancellor of the Duchy. These include, for example, functions under the Representation of the People Act 1983.

Article 4 makes supplemental provision in connection with article 3, including provision for the transfer to the Chancellor of the Duchy of property, rights and liabilities of the Lord President - who has principally exercised the functions transferred by article 3 - in connection with those functions; and provision for continuity in relation to the exercise of those functions and any property, rights or liabilities transferred.

Article 5 transfers to the Chancellor of the Duchy the Lord President’s functions under section 2(2)(b) of the Political Parties, Elections and Referendums Act 2000, as well as his functions under the Representation of the People (England and Wales) Regulations 2001, the Representation of the People (Scotland) Regulations 2001, article 17 of the Electoral Registration and Administration Act 2013 (Transitional Provisions) Order 2013 and article 6 of the Electoral Registration Pilot Scheme Order 2014.

Article 6 makes supplemental provision in connection with article 5, including provision for the transfer to the Chancellor of the Duchy of property, rights and liabilities of the Lord President in connection with the functions transferred by article 5 and for continuity in relation to the exercise of those functions and any property, rights or liabilities transferred.

Article 7 provides for the Secretary of State’s functions under section 54(1)(b) and (2) of the Police Reform and Social Responsibility Act 2011, so far as relating to police and crime commissioner elections taking place after April 2016, to be exercisable concurrently with the Chancellor of the Duchy.

Article 8 makes supplemental provision in connection with article 7, including provision for the transfer to the Chancellor of the Duchy of property, rights and liabilities of the Secretary of State in connection with the transferred functions and for continuity in relation to the exercise of those functions and any property, rights or liabilities transferred.

Article 9 provides that nothing in this Order affects the validity of things done by or in relation to the Secretary of State or the Lord President before the coming into force of the Order.

Article 10 and Schedule 2 make consequential amendments to relevant primary and secondary legislation.

Nothing in this Order alters the functions of the Welsh Ministers, the Scottish Ministers or the devolved authorities in Northern Ireland.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.