The Transfer of Functions (Arts, Libraries and National Heritage) Order 1984

Statutory Instruments

1984 No. 1814

MINISTERS OF THE CROWN

The Transfer of Functions (Arts, Libraries and National Heritage) Order 1984

Made

22nd November 1984

Laid before Parliament

30th November 1984

Coming into Operation

22nd December 1984

At the Court at Buckingham Palace, the 22nd day of November 1984

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of section 1 of the Ministers of the Crown Act 1975, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation, interpretation and commencement

1.—(1) This Order may be cited as the Transfer of Functions (Arts, Libraries and National Heritage) Order 1984.

(2) In this Order—

“the Chancellor” means the Chancellor of the Duchy of Lancaster;

“the Lord President” means the Lord President of the Council.

(3) In this Order “instrument” (without prejudice to the generality of that expression) includes in particular Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, byelaws, awards, contracts memoranda and articles of association, certificates and other documents.

(4) Any reference in this Order to a function of a Minister under an enactment includes a reference to the functions of that Minister under any instrument having effect under that enactment.

(5) This Order shall come into operation on 22nd December 1984.

Transfer of functions

2.—(1) The functions of the Lord President under the enactments listed in Part I of Schedule 1 to this Order are hereby transferred to the Chancellor.

(2) The functions of the Lord President in relation to the institutions listed in Part II of that Schedule are hereby transferred to the Chancellor.

(3) The functions under the deed of 27th February 1981 concerning the Royal Opera House Development Land Trust which were transferred to the Lord President by the Transfer of Functions (Royal Opera House Development Land Trust) Order 1983 are hereby transferred to the Chancellor.

Trusteeships and other property

3.—(1) In any case where the Lord President is, immediately before the coming into operation of this Order, the trustee of any property and—

(a) he is trustee by virtue of Article 7(1) of the Transfer of Functions (Arts, Libraries and National Heritage) Order 1983, or

(b) it may reasonably be inferred that he is trustee by reason of his being a Minister of the Crown with responsibility for the Arts,

the Chancellor is hereby substituted for the Lord President as trustee of that property.

(2) The property in the chattels vested in the Lord President by virtue of the Wellington Museum Act 1947 and Article 7(2) of the Transfer of Functions (Arts, Libraries and National Heritage) Order 1983 is hereby transferred to the Chancellor.

Supplemental

4.  The Documentary Evidence Act 1868 shall apply to the Chancellor as if his name were included in the first column of the Schedule to that Act and as if he or any person authorised to act on his behalf were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any document issued by the Chancellor.

5.  Schedule 2 to the Parliamentary Commissioner Act 1967 (departments and authorities subject to investigation by the Commissioner) shall have effect as if the Office of the Chancellor were included in the list of departments and other authorities set out therein.

6.—(1) The repeals specified in Schedule 2 to this Order shall have effect.

(2) Section 2(2) of the Public Libraries and Museums Act 1964 (as amended by the Transfer of Functions (Arts, Libraries and National Heritage) Order 1981 shall be construed in relation to the Library Advisory Council for England as if the reference to a Department of the Secretary of State were a reference to the Office of the Chancellor.

7.—(1) Subject to any express repeal made by this Order, any enactment or instrument passed or made before the coming into operation of this Order shall have effect so far as may be necessary for the purpose or in consequence of the transfers effected by this Order as if any reference to the Lord President or to his Office or to an officer of his (including any reference which is to be construed as such a reference) were a reference to the Chancellor or to his Office or to an officer of his, as the case may require.

(2) This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the Lord President before the coming into operation of this Order, and anything which at the time of the coming into operation of this Order is in process of being done by or in relation to the Lord President may, if it relates to any functions transferred by this Order, be continued by or in relation to the Chancellor.

(3) Any authority, approval, consent or direction given (or having effect as if given) or other thing whatsoever done (or having effect as if done) by the Lord President for the purpose of any functions transferred by this Order, if in force at the coming into operation of this Order, shall have effect, so far as required for continuing its effect after the coming into operation of this Order, as if made or done by the Chancellor.

G.I. de Deney

Clerk of the Privy Council

Article 2

SCHEDULE 1 FUNCTIONS TRANSFERRED

PART I ENACTMENTS

• Patents and Designs Act 1907 (c. 29), section 47.

• Imperial War Museum Act 1920 (c. 16), sections 2(b), (c) and (d) and 3(2) and paragraphs (1) and (8) of the Schedule.

• National Maritime Museum Act 1934 (c. 43), sections 2(3), 4 and 6(2).

• Public Health Act 1936 (c. 49), section 324.

• Wellington Museum Act 1947 (c. 46).

• National Theatre Act 1949 (c. 16).

• British Film Institute Act 1949 (c. 35), section 1.

• Finance Act 1953 (c. 34), section 30.

• National Gallery and Tate Gallery Act 1954 (c. 65), sections 2(4), 3 and 4(2), (3) and (4).

• Finance (Miscellaneous Provisions) Act (Northern Ireland) 1954 (c.3) (N.I.), section 1.

• Imperial War Museum Act 1955 (c. 14), section 2(1).

• Finance Act 1956 (c. 54), section 34(1).

• British Museum Act 1963 (c. 24), sections 1(1)(c) and 10.

• Public Libraries and Museums Act 1964 (c. 75).

• Museum of London Act 1965 (c. 17).

• British Library Act 1972 (c. 54).

• Finance (Northern Ireland) Order 1972 (S.I. 1972/1100 (N.I. 11)) Article 10.

• Finance Act 1973 (c. 51), section 46.

• Finance (Miscellaneous Provisions) (Northern Ireland) Order 1973 (S.I. 1973/1323 (N.I. 18)), Article 5.

• Finance Act 1975 (c. 7), paragraph 17 of Schedule 4.

• Theatres Trust Act 1976 (c. 27), the Schedule.

• Public Lending Right Act 1979 (c. 10).

• National Heritage Act 1980 (c. 17).

• National Heritage Act 1983 (c. 47), sections 1 to 16 and Parts I and II of Schedule 1.

• Capital Transfer Tax Act 1984 (c.51), section 230.

PART II INSTITUTIONS

• The Arts Council of Great Britain.

• The British Film Institute.

• The Corporation of the Hall of Arts and Sciences.

• The Crafts Council.

• The National Film and Television School.

• The National Theatre Board.

• The Science Museum.

• The South Bank Theatre Board.

• The Victoria and Albert Museum.

Article 6(1)

SCHEDULE 2 REPEALS

1.  In Note 2 to Schedule 2 to the Parliamentary Commissioner Act 1967, the words “includes the Office of Arts and Libraries but” (which were inserted by Article 9 of the Transfer of Functions (Arts, Libraries and National Heritage) Order 1983) are repealed.

2.—(1) In the Transfer of Functions (Arts, Libraries and National Heritage) Order 1983, Articles 8, 9 and 10(2) are revoked.

(2) Sub-paragraph (1) does not affect the operation of Article 8 in relation to documents issued before the coming into operation of this Order.

EXPLANATORY NOTE

This Order transfers to the Chancellor of the Duchy of Lancaster functions presently exercised by the Lord President of the Council—

(a) under specified enactments relating to the arts, to libraries and museums and to the national heritage (Article 2(1) and Part I of Schedule 1);

(b) in relation to the following institutions, namely, the Arts Council of Great Britain, the British Film Institute, the Corporation of the Hall of Arts and Sciences, the Crafts Council, the National Film and Television School, the National Theatre Board, the Science Museum, the South Bank Theatre Board and the Victoria and Albert Museum (Article 2(2) and Part II of Schedule 1); and

(c) under a deed relating to the development of land adjacent to the Royal Opera House, Covent Garden (Article 2(3)).