PART 1U.K.Primary legislation
Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31)U.K.
1. In section 5(1)(a) and (2) of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (regulation of street collection)(), in each place omit “or the Minister for the Cabinet Office”.
House to House Collections Act 1939 (c. 44)U.K.
2. In the following provisions of the House to House Collections Act 1939(), for “Minister for the Cabinet Office” in each place substitute “Secretary of State”—
(a)section 2(4) and (6) (appeal against refusal of licence);
(b)section 3 (exemptions);
(c)section 4(1) and (2) (regulations).
Representation of the People Act 1983 (c. 2)U.K.
3. For section 199ZA of the Representation of the People Act 1983() substitute—
“199ZA Functions of the Minister for the Cabinet Office
See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”
Representation of the People Act 1985 (c. 50)U.K.
4. In section 27 of the Representation of the People Act 1985 (interpretation)(), for subsection (2ZA) substitute—
“(2ZA) See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”
Parliamentary Constituencies Act 1986 (c. 56)U.K.
5.—(1) The Parliamentary Constituencies Act 1986 is amended as follows.
(2) In section 3 (reports of the Boundary Commissions)(), after subsection (7) insert—
“(7A) In this section—
“the Secretary of State” means the Secretary of State or the Leader of the House of Commons;
“the Leader of the House of Commons” means the Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) who is for the time being designated as Leader of the House of Commons by the Prime Minister.”
(3) In section 4 (Orders in Council)(), after subsection (7) insert—
“(8) In this section, “the Secretary of State” means the Secretary of State or the Leader of the House of Commons (within the meaning of section 3(7A)).”
(4) Omit section 6B().
(5) In Schedule 1 (the Boundary Commissions), after paragraph 12 insert—
“Functions of the Minister for the Cabinet Office
13. In this Schedule, “the Secretary of State” means the Secretary of State or the Minister for the Cabinet Office.”
Town and Country Planning Act 1990 (c. 8)U.K.
6. In paragraph 16(1) and (5) of Schedule 4B to the Town and Country Planning Act 1990 (regulations about referendums relating to neighbourhood development orders)(), for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.
Local Government Finance Act 1992 (c. 14)U.K.
7. In the following provisions of the Local Government Finance Act 1992, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—
(a)section 52ZQ(1), (2) and (6) (regulations about referendums relating to council tax increases)();
(b)section 113(1), (2) and (3) (orders and regulations)().
8.—(1) The Charities Act 1992 is amended as follows.
(2) In section 58(1) (interpretation)(), omit the definition of “the Minister”.
(3) In the following provisions(), for “Minister” in each place substitute “Secretary of State”—
(a)section 58(10) (power to amend definition of “professional fund-raiser”);
(b)section 60B(6) (power to amend earnings limit in relation to lower-paid collectors)();
(c)section 61(8) (power to amend specified sums)();
(d)section 64(1) (regulations about fund-raising);
(e)section 64A(1) (regulations in connection with regulating fund-raising)();
(f)section 64B(3) (approval of regulator)();
(g)section 77(1), (3) and (4) (regulations and orders);
(h)section 79(2) (commencement).
National Lottery etc. Act 1993 (c. 39)U.K.
9.—(1) The National Lottery etc. Act 1993 is amended as follows.
(2) In section 22(3A) and (3C) (power to prescribe descriptions of expenditure for which money allocated to the Big Lottery Fund may be distributed)(), for “Minister for the Cabinet Office” substitute “Secretary of State”.
(3) In section 25C(3)(a) (strategic plans for distributing bodies)(), omit “or the Minister for the Cabinet Office”.
(4) Omit section 34(7) (annual reports by distributing bodies).
(5) In section 36B(3) and (5) (limits on amount distributed by the Big Lottery Fund)(), for “Minister for the Cabinet Office” substitute “Secretary of State”.
(6) Section 36E (directions to the Big Lottery Fund)() is amended in accordance with paragraphs (7) to (13).
(7) In subsection (1), for the words from “by” to the end substitute “by the Secretary of State (subject to subsection (4))”.
(8) For subsection (2) substitute—
“(2) A direction under this section may, in particular, specify matters to be taken into account in determining the person to whom, the purposes for which and the conditions subject to which the Fund distributes money.”
(9) In subsection (3)—
(a)for “subsection (1)(a) may” substitute “this section may, in particular”,
(b)after paragraph (a) insert—
“(ab)relate to the employment of staff;”, and
(c)in paragraph (d), for “paragraph (a) or (c)” substitute “paragraphs (a) to (c)”.
(10) In subsection (4), for the words from “subsection (1)(b)” to “Cabinet Office” substitute “this section, other than a direction given by virtue only of subsection (3), may not be given by the Secretary of State”.
(11) In subsection (5), for the words from “subsection (1)(b)” to “Cabinet Office” substitute “this section, other than by virtue only of subsection (3), the Secretary of State”.
(12) In subsection (7), for the words from “under subsection (1)(a)” to “Cabinet Office” substitute “by virtue only of subsection (3) the Secretary of State”.
(13) In subsection (8)(b), for “Minister for the Cabinet Office” substitute “Secretary of State”.
(14) In section 60(6) (orders and regulations)(), omit “or the Minister for the Cabinet Office”.
(15) In Schedule 4A (the Big Lottery Fund: constitution, proceedings and money)()—
(a)for “Minister for the Cabinet Office” in each place substitute “Secretary of State”, and
(b)in paragraphs 6 and 18(1), for “section 36E(2)(b)” substitute “section 36E(3)(ab)”.
10. In section 507B(12) of the Education Act 1996(), for “the Minister for the Cabinet Office” substitute “the Secretary of State”.
Greater London Authority Act 1999 (c. 29)U.K.
11. In section 17A(3) and (6) of the Greater London Authority Act 1999 (free delivery of election addresses)(), for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.
Representation of the People Act 2000 (c. 2)U.K.
12. For section 16A of the Representation of the People Act 2000() substitute—
“16A Functions of the Minister for the Cabinet Office
See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”
Local Government Act 2000 (c. 22)U.K.
13. In the following provisions of the Local Government Act 2000, for “Chancellor of the Duchy of Lancaster” in each place substitute “Minister for the Cabinet Office”—
(a)section 9HE(1), (4) and (5) (regulations about elections for elected mayors)();
(b)section 9MG(2), (3) and (6) (regulations about referendums relating to local authority governance arrangements)();
(c)section 44(1), (3A) and (3B) (power to make provision about elections)();
(d)section 105(2A) (orders and regulations)().
Freedom of Information Act 2000 (c. 36)U.K.
14.—(1) The Freedom of Information Act 2000 is amended as follows.
(2) In the following provisions() for “Chancellor of the Duchy” in each place substitute “Minister for the Cabinet Office”—
(a)section 4(1), (5) and (7) (amendment of Schedule 1)();
(b)section 5(1) and (3) (further power to designate public authorities);
(c)section 7(3), (4) and (8) (public authorities to which the Act has limited application)();
(d)section 9(3) (power to make regulations about fees for requests for information);
(e)section 10(4) (power to make regulations amending time for compliance with request);
(f)section 11A(8) (in the definition of “the specified licence”) (power, in code of practice issued under section 45, to specify different licences for different purposes)();
(g)section 11B(1) (regulations about fees for making relevant copyright works available for re-use)();
(h)section 12(4) and (5) (regulations about costs of complying with requests);
(i)section 13(1) (regulations about fees for disclosing information where cost of compliance with request exceeds appropriate limit);
(j)the heading of Part 3;
(k)section 45(1), (4) and (5) (code of practice giving public authorities guidance in connection with discharge of functions under Part 1 of Act);
(l)section 46(5)(a) (requirement to be consulted in relation to code of practice issued under section 46)();
(m)section 47(4B) to (4D) (amendment of list of services for which Information Commissioner may charge)();
(n)section 53(1)(a)(iii) and (5) (power to designate public authorities for purposes of exemption from duty to comply with decision notice or enforcement notice)();
(o)section 75(1) and (3) (power to amend or repeal enactments prohibiting disclosure of information);
(p)section 82(1) (power to make regulations or order under Act exercisable by statutory instrument)();
(q)section 83(2) and (3) (designation of public authorities as excluded from definition of Welsh public authority)();
(r)section 84 (in the definition of “prescribed”) (interpretation of Act);
(s)section 85(b) (expenses payable out of money provided by Parliament)().
(3) In section 84, omit the definition of “the Chancellor of the Duchy”.
(4) In the heading of section 45, for the words from “by Chancellor” to the end substitute “by the Minister for the Cabinet Office”.
Political Parties, Elections and Referendums Act 2000 (c. 41)U.K.
15. In the following provisions of the Political Parties, Elections and Referendums Act 2000, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—
(a)section 2(2)(b) (Speaker’s Committee)();
(b)section 159A (functions of the Chancellor of the Duchy of Lancaster), including in the heading();
(c)paragraph 2(1)(c) of Schedule 2 (Speaker’s Committee)().
European Parliamentary Elections Act 2002 (c. 24)U.K.
16. For section 16B of the European Parliamentary Elections Act 2002() substitute—
“16B Functions of the Minister for the Cabinet Office
See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”
European Parliament (Representation) Act 2003 (c. 7)U.K.
17. For section 26A of the European Parliament (Representation) Act 2003() substitute—
“26A Functions of the Minister for the Cabinet Office
See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”
Electoral Administration Act 2006 (c. 22)U.K.
18. For section 74A of the Electoral Administration Act 2006() substitute—
“74A Functions of the Minister for the Cabinet Office
See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”
19.—(1) The Charities Act 2006 is amended as follows.
(2) In the following provisions, for “Minister” substitute “Secretary of State”—
(a)section 63(1) and (6) (regulations);
(b)section 72(2) (disclosure of information to and by the Northern Ireland regulator);
(c)section 73(1) and (4) (duty to review and report on operation of the Act);
(d)section 77 (amendments reflecting changes in company law audit provisions);
(e)section 79(2) and (3) (commencement).
(3) In section 78(6) (interpretation), omit the definition of “the Minister”.
Dormant Bank and Building Society Accounts Act 2008 (c. 31)U.K.
20.—(1) The Dormant Bank and Building Society Accounts Act 2008 is amended as follows.
(2) In the following provisions(), for “Minister for the Cabinet Office” in each place substitute “Secretary of State”—
(a)section 17(4) and (5) (apportionment of dormant account money);
(b)the heading before section 22;
(c)section 22(2), (4)(e)(iii) and (5) (directions to Big Lottery Fund);
(d)section 23(1), (2) and (4) (power to prohibit distribution in certain cases);
(e)section 24(1), (2) and (6) (power to add or remove distributors);
(f)section 26(3) (expenses);
(g)section 28 (orders);
(h)Schedule 3 (further provision about the functions of the Big Lottery Fund).
(3) In section 22(4)(e)(ii), for “Minister for the Cabinet Office’s” substitute “Secretary of State’s”.
(4) In sections 23(1) and 26(3), for “Minister” in each place substitute “Secretary of State”.
Political Parties and Elections Act 2009 (c. 12)U.K.
21. For section 38A of the Political Parties and Elections Act 2009() substitute—
“38A Functions of the Minister for the Cabinet Office
See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”
Local Democracy, Economic Development and Construction Act 2009 (c. 20)U.K.
22. In the following provisions of the Local Democracy, Economic Development and Construction Act 2009, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—
(a)section 114(1A) (power to make incidental etc provision in relation to orders under Schedule 5B)();
(b)section 116(1A) (power to make consequential provision in relation to orders under Schedule 5B)();
(c)in Schedule 5B (mayors for combined authority areas: further provision about elections)(), paragraphs 3 and 12(1), (4) and (5).
Parliamentary Voting System and Constituencies Act 2011 (c. 1)U.K.
23. In section 14(4) of the Parliamentary Voting System and Constituencies Act 2011 (review of reduction in number of constituencies)(), for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.
Police Reform and Social Responsibility Act 2011 (c. 13)U.K.
24. In the following provisions of the Police Reform and Social Responsibility Act 2011, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—
(a)section 50(4) (power to specify different day for police and crime commissioner election)();
(b)section 54(1)(b) and (2) (power to designate and confer functions on returning officers)();
(c)section 55(12) (returning officers: expenditure)();
(d)section 58(1) and (5) (power to make provision about police and crime commissioner elections)();
(e)section 65(3) (power to make provision about reference to an entity under the control of a local policing body etc)();
(f)section 66(8) (power to make provision about reference to an entity under the control of a relevant council)();
(g)section 70(1)(a) (power to specify form for declaration of acceptance of office by police and crime commissioner)();
(h)section 71(6) (judicial proceedings as to disqualification or vacancy: power to specify different maximum sum as security for costs of proceedings)();
(i)section 75(1) (duty to designate a local authority for each police area other than the metropolitan police district)();
(j)section 154(1) and (5) (orders and regulations)().
25.—(1) The Charities Act 2011 is amended as follows.
(2) In the following provisions for “Minister” in each place substitute “Secretary of State”—
(a)section 19(1) (fees payable to the Charity Commission);
(b)section 23(1), (2) and (3) (power to add or remove exempt charities);
(c)section 24 (power to remove defunct institutions);
(d)section 27(1) (amendments in relation to duty of principal regulator);
(e)section 30(2)(c)(i) (description of charity not required to be registered)
(f)section 32(1), (2) and (3) (amendment of registration requirements);
(g)section 33 (repeal of provisions relating to excepted charities);
(h)section 35(2)(b) (duties of trustees in connection with registration);
(i)section 36(2) (claims and objections to registration);
(j)section 40 (requirement for disclosure of registered charity status);
(k)section 42(2)(c) (power to require charity’s name to be changed);
(l)section 58(5) (disclosure to and by principal regulators of exempt charities);
(m)section 72 (amendment of power of Commission to make schemes);
(n)section 73(2) (power to make schemes altering provision made by Acts);
(o)section 78(8) (appointment of interim managers);
(p)section 88(1)(b) (publicity relating to schemes);
(q)section 109(3)(d) (dormant bank accounts);
(r)section 119(4) requirements for dispositions other than certain leases);
(s)section 128 (release of charity rentcharges);
(t)section 132(1) (preparation of statement of accounts);
(u)section 139(2) and (3) (exceptions to requirement to prepare group accounts);
(v)section 142(1)(b) (definition of “group accounts”);
(w)section 145(6) (examination of accounts for lower-income charities);
(x)section 154(1) (audits and examinations);
(y)section 162(1) (preparation of annual reports by charity trustees);
(z)section 166(2) (annual reports and group accounts);
(aa)section 174(1) (powers to set financial thresholds);
(bb)section 175 (aggregate gross income of group);
(cc)section 176(3) (powers to set financial thresholds);
(dd)section 178A(4) (specified offences)();
(ee)section 181A(8) (disqualification orders)();
(ff)section 190 (indemnity insurance);
(gg)section 247 (charitable incorporated organisations);
(hh)section 285(1) (unincorporated charities);
(ii)section 292 (special trusts);
(jj)section 324(1) and (2) (appeals and applications to the Tribunal);
(kk)section 331(1)(b) (definition of “charity law”);
(ll)section 340(3) (enrolment and deposit of documents);
(mm)section 347(1), (2) and (3) (general provisions on regulations and orders);
(nn)section 348(4) (requirement to consult before making certain regulations);
(oo)in Schedule 1 (Charity Commission), paragraphs 1(1)(a), (b) and (2), 3(2)(a), (b) and (3), 4(1), (2), (2)(a), (3) and (4);
(pp)in Part 3 of Schedule 8 (transitionals and savings), paragraph 15(1);
(qq)in Schedule 9 (transitory modifications), paragraphs 6(2), 29(3)(b) and 29(5)(b);
(3) In section 25 (meaning of the “principal regulator”), for “Minister”, in the second place it appears, substitute “Secretary of State”.
(4) In section 353(1), omit the definition of “the Minister”.
(5) In Schedule 11 (index of defined expressions), omit the entry for “the Minister”.
Electoral Registration and Administration Act 2013 (c. 6)U.K.
26. In section 25(1) of the Electoral Registration and Administration Act 2013 (meaning of “the Minister” etc)(), for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)U.K.
27. In the following provisions of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—
(a)the definition of “the Minister” in section 25(1) (interpretation)();
(b)section 33(13) (reporting of donations to recognised third parties)().
28. In the following provisions of the Wales Act 2014, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—
(a)section 13(4)(a) (Assembly proposal for referendum on income tax provisions)();
(b)the definition of “the Minister” in paragraph 15(1) of Schedule 1 (referendum on income tax provisions)().
29. In section 22(1) of the Recall of MPs Act 2015 (interpretation)(), in the definition of “the Minister”, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.
European Union Referendum Act 2015 (c. 36)U.K.
30. In section 11(1) of the European Union Referendum Act 2015, in the definition of “the Minister”, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.
Charities (Protection and Social Investment) Act 2016 (c. 4)U.K.
31.—(1) The Charities (Protection and Social Investment) Act 2016 is amended as follows.
(2) In the following provisions, for “Minister for the Cabinet Office” substitute “Secretary of State”—
(a)section 16(1) (review of operation of Act);
(b)section 17(4) (power to make commencement regulations).
(3) In section 16(2), for “Minister” substitute “Secretary of State”.
32. In the following provisions of the Immigration Act 2016, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—
(a)the definition of “relevant Minister” in section 83 (interpretation);
(b)section 93(1), (4)(a) and (6) (regulations).