The Secretary of State for Business, Innovation and Skills Order 2009

Article 8

SCHEDULE CONSEQUENTIAL AMENDMENTS

PART 1 PRIMARY LEGISLATION

Parliamentary Commissioner Act 1967 (c. 13)

1.  In Schedule 2(1) omit “Department for Business, Enterprise and Regulatory Reform” and “Department for Innovation, Universities and Skills”.

Coinage Act 1971 (c. 24)

2.—(1) In section 6(3)(2) for “the Department for Innovation, Universities and Skills” substitute “the Department for Business, Innovation and Skills”.

(2) In section 8(2)(d)(3) for “the Department for Innovation, Universities and Skills” substitute “the Department for Business, Innovation and Skills”.

Police and Criminal Evidence Act 1984 (c. 60)

3.  In section 114A(2)(a)(4) for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”.

Weights and Measures Act 1985 (c. 72)

4.—(1) In section 3(1) and (5)(5) for “Department for Innovation, Universities and Skills standards” substitute “Department for Business, Innovation and Skills standards”.

(2) In section 94(1)(6) for “Department for Innovation, Universities and Skills standards” substitute “Department for Business, Innovation and Skills standards”.

(3) In paragraph (e) of Part 5 of Schedule 2(7) for “the Department for Innovation, Universities and Skills” substitute “the Department for Business, Innovation and Skills”.

Regional Development Agencies Act 1998 (c. 45)

5.  In paragraphs 9(8)(b) and 11(10)(b) of Schedule 6(8) for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”.

Regulation of Investigatory Powers Act 2000 (c. 23)

6.  In Schedule 1(9)—

(a) before paragraph 9A insert—

“9ZB.   The Department for Business, Innovation and Skills.”, and

(b) omit paragraph 9ZA (Department for Business, Enterprise and Regulatory Reform).

Domestic Violence, Crime and Victims Act 2004 (c. 28)

7.  In Schedule 9(10)—

(a) at the beginning of the list of government departments insert—

“1WA.   The Department for Business, Innovation and Skills.”,

(b) omit paragraph 1XA (Department for Business, Enterprise and Regulatory Reform), and

(c) omit paragraph 3A (Department for Innovation, Universities and Skills).

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

8.  In Schedule 1(11)—

(a) insert in the appropriate place “Department for Business, Innovation and Skills”,

(b) omit the entry for the Department for Business, Enterprise and Regulatory Reform, and

(c) omit the entry for the Department for Innovation, Universities and Skills.

Housing and Regeneration Act 2008 (c. 17)

9.  In the following provisions of Schedule 4, for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”—

(a) paragraph 8(4)(b),

(b) paragraph 15(2)(b), and

(c) paragraph 40(1)(b).

Crossrail Act 2008 (c. 18)

10.  In paragraph 6(3) of Part 4 of Schedule 17(12), for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”.

PART 2 SECONDARY LEGISLATION

Deeds of Arrangement Fees Order 1984 (S.I. 1984/887)

11.  In article 3(2)(13) for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

Insolvency Rules 1986 (S.I. 1986/1925)

12.  In rule 13.13(2)(14) for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

Court Funds Rules 1987 (S.I. 1987/821)

13.  In rule 55(i)(15) for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

Companies House Trading Fund Order 1991 (S.I. 1991/1795)

14.—(1) At the end of article 3(16) insert—

“From the coming into force of the Secretary of State for Business, Innovation and Skills Order 2009, the fund is to be for the operations of that part of the Department for Business, Innovation and Skills known as the Companies House Executive Agency so far as those operations correspond to those described in Schedule 1 to this Order or to the additional funded operations.”

(2) In article 4(17) for “for Business, Enterprise and Regulatory Reform” substitute “for Business, Innovation and Skills”.

Patent Office Trading Fund Order 1991 (S.I. 1991/1796)

15.—(1) At the end of article 2(18) insert—

“From the coming into force of the Secretary of State for Business, Innovation and Skills Order 2009, the fund is to be for the operations of that part of the Department for Business, Innovation and Skills known as the Patent Office so far as those operations correspond to those described in Schedule 1 to this Order.”

(2) In article 3(19) for “for Innovation, Universities and Skills” substitute “for Business, Innovation and Skills”.

Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994 (S.I. 1994/1438)

16.  In the Schedule(20) for “The Secretary of State for Business, Enterprise and Regulatory Reform” substitute “The Secretary of State for Business, Innovation and Skills”.

Insolvency Regulations 1994 (S.I. 1994/2507)

17.  In regulation 3(3)(21) for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

Trial of the Pyx Order 1998 (S.I. 1998/1764)

18.  In articles 4(4)(22) and 15(2)(23) for “the Department for Innovation, Universities and Skills” substitute “the Department for Business, Innovation and Skills”.

Building Societies (Business Names) Regulations 1998 (S.I. 1998/3186)

19.  In column (2) of the Schedule(24) for “Department for Innovation, Universities and Skills” substitute “Department for Business, Innovation and Skills”.

Public Interest Disclosure (Prescribed Persons) Order 1999 (S.I. 1999/1549)

20.  In the first column of the Schedule(25) for “Secretary of State for Business, Enterprise and Regulatory Reform” substitute “Secretary of State for Business, Innovation and Skills”.

Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001 (S.I. 2001/1701)

21.  In regulation 12(26) for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”.

Railway Administration Order Rules 2001 (S.I. 2001/3352)

22.  In rule 1.2(1)(27), in the definition of “the Department”, for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 (S.I. 2002/2326)

23.—(1) In article 2(28)—

(a) for “BERR investigator” substitute “BIS investigator” (in both places),

(b) for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”, and

(c) for “BERR investigation” substitute “BIS investigation”.

(2) In article 3(1)(b)(29) and in the heading to article 3 for “BERR investigations” substitute “BIS investigations”.

(3) In article 4(30)—

(a) for “BERR investigator” substitute “BIS investigator” (in each place), and

(b) in paragraph (5)(b), (c) and (d) for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”.

Community Investment Tax Relief (Accreditation of Community Development Finance Institutions) Regulations 2003 (S.I. 2003/96)

24.  In each of the following provisions(31) for “Department for Business, Enterprise and Regulatory Reform” substitute “Department for Business, Innovation and Skills”—

(a) regulation 2,

(b) regulation 7(4),

(c) regulation 13(1) and (4),

(d) regulation 15(2)(b)(ii), and

(e) regulation 16(3)(b).

Land Registration Rules 2003 (S.I. 2003/1417)

25.—(1) In the following provisions (in each place) for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”—

(a) form CIT in Schedule 1(32), and

(b) column 1 of Schedule 5(33).

(2) Forms of the kind mentioned in paragraph (1)(a) may be used after the coming into force of this Order even though they contain, or are to be read as containing, references to the Secretary of State for Business, Enterprise and Regulatory Reform, and those references are to be read as references to the Secretary of State for Business, Innovation and Skills.

Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004 (S.I. 2004/1034)

26.  In article 2(2)(34) for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”.

Measuring Instruments (EEC Requirements) (Fees) Regulations 2004 (S.I. 2004/1300)

27.  In paragraph (b) of Schedule 1(35) for “the Department for Innovation, Universities and Skills” substitute “the Department for Business, Innovation and Skills”.

Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. 2004/1861)

28.  In rule 61(4)(b) in Schedule 1(36) for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

Gangmasters (Licensing Authority) Regulations 2005 (S.I. 2005/448)

29.  In Schedule 2(37) for “Secretary of State for Business, Enterprise and Regulatory Reform” substitute “Secretary of State for Business, Innovation and Skills”.

Damages (Government and Health Service Bodies) Order 2005 (S.I. 2005/474)

30.  In Part 1 of the Schedule(38)—

(a) omit “Department for Business, Enterprise and Regulatory Reform” and “Department for Innovation, Universities and Skills”, and

(b) at the end insert—

“Department for Business, Innovation and Skills”.

Insolvency Practitioners Regulations 2005 (S.I. 2005/524)

31.  In regulation 5(39), in paragraph (c) of the definition of “insolvency work experience”, for “or of the Department for Business, Enterprise and Regulatory Reform” substitute “, of the Department for Business, Enterprise and Regulatory Reform or of the Department for Business, Innovation and Skills”.

Energy Administration Rules 2005 (S.I. 2005/2483)

32.  In rule 186(2)(40) for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 (S.I. 2005/2966)

33.  In Schedule 2(41)—

(a) omit “The Secretary of State for Business, Enterprise and Regulatory Reform” and “The Secretary of State for Innovation, Universities and Skills”, and

(b) insert in the appropriate place “The Secretary of State for Business, Innovation and Skills”.

Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317)

34.  In Schedule 1(42), in the column 2 entry relating to “Teacher or language assistant”, for “the Department for Innovation, Universities and Skills” substitute “the Department for Business, Innovation and Skills”.

Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007 (S.I. 2007/934)

35.  In column 1 of the Schedule(43) for “The Department for Business, Enterprise and Regulatory Reform” substitute “The Department for Business, Innovation and Skills”.

Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I. 2007/2501)

36.  In article 11(g)(44) for “the Department of Trade and Industry” substitute “the Department for Business, Innovation and Skills”.

Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2008 (S.I. 2008/1737)

37.  In article 11(g) for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

Export Control Order 2008 (S.I. 2008/3231)

38.  In articles 33(5) and 44 for “Department for Business, Enterprise and Regulatory Reform” substitute “Department for Business, Innovation and Skills”.

Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009 (S.I. 2009/975)

39.  In Schedule 1 (in each place)—

(a) for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”, and

(b) for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

(1)

Schedule 2 was substituted by S.I. 2008/3115, Sched. and amended by S.I. 2009/1754, art. 2. Other amendments have been made to Schedule 2 which are not relevant to this Order.

(2)

Section 6(3) was amended by S.I. 2007/3224, Sched.

(3)

Section 8 was amended by S.I. 2007/3224, Sched.

(4)

Section 114A was inserted by section 85 of the Criminal Justice and Police Act 2001 (c. 16) and amended by S.I. 2007/3224, Sched. Other amendments have been made to section 114A which are not relevant to this Order.

(5)

Section 3 was amended by S.I. 2007/3224, Sched. Other amendments have been made to section 3 which are not relevant to this Order.

(6)

Section 94(1) was amended by S.I. 2007/3224, Sched. Other amendments have been made to section 94(1) which are not relevant to this Order.

(7)

Part 5 of Schedule 2 was amended by S.I. 2007/3224, Sched.

(8)

Schedule 6 was amended by S.I. 2007/3224, Sched. Other amendments have been made to Schedule 6 which are not relevant to this Order.

(9)

Schedule 1 was amended by S.I. 2007/3224, Sched. Other amendments have been made to Schedule 1 which are not relevant to this Order.

(10)

Schedule 9 was amended by S.I. 2007/3224, Sched. Other amendments have been made to Schedule 9 which are not relevant to this Order.

(11)

Schedule 1 was amended by S.I. 2008/396, art. 2. Other amendments have been made to Schedule 1 which are not relevant to this Order.

(12)

Schedule 17 was amended by S.I. 2009/229, Sched. 2.

(13)

Article 3 was amended by S.I. 2007/3224, Sched.

(14)

Rule 13.13(2) was amended by S.I. 2007/3224, Sched.

(15)

Rule 55 was amended by S.I. 2007/3224, Sched.

(16)

Article 3 was amended by S.I. 2007/3224, Sched. and S.I. 2009/2622, art. 2(3).

(17)

Article 4 was amended by S.I. 2007/3224, Sched.

(18)

Article 2 was amended by S.I. 2007/3224, Sched.

(19)

Article 3 was amended by S.I. 2007/3224, Sched.

(20)

The Schedule was amended by S.I. 2007/3224, Sched. Other amendments have been made to the Schedule which are not relevant to this Order.

(21)

Regulation 3(3) was amended by S.I. 2007/3224, Sched.

(22)

Article 4(4) was amended by S.I. 2007/3224, Sched.

(23)

Article 15(2) was amended by S.I. 2007/3224, Sched. Other amendments have been made to article 15 which are not relevant to this Order.

(24)

The Schedule was amended by S.I. 2002/1397, Sched. and S.I. 2007/3224, Sched. Other amendments have been made to the Schedule which are not relevant to this Order.

(25)

The Schedule was substituted by S.I. 2003/1993, Sched. and amended by S.I. 2007/3224, Sched. Other amendments have been made to the Schedule which are not relevant to this Order.

(26)

Regulation 12 was amended by S.I. 2007/3224, Sched.

(27)

Rule 1.2(1) was amended by S.I. 2007/3224, Sched.

(28)

Article 2 was amended by S.I. 2007/3224, Sched. Other amendments have been made to article 2 which are not relevant to this Order.

(29)

Article 3 was amended by S.I. 2007/3224, Sched.

(30)

Article 4 was amended by S.I. 2007/3224, Sched.

(31)

The provisions listed were amended by S.I. 2008/383.

(32)

Schedule 1 was substituted by S.I. 2008/1919, Sched. 2.

(33)

Schedule 5 was amended by S.I. 2007/3224, Sched. Other amendments have been made to Schedule 5 which are not relevant to this Order.

(34)

Article 2(2) was amended by S.I. 2007/3224, Sched. Other amendments have been made to article 2 which are not relevant to this Order.

(35)

Schedule 1 was amended by S.I. 2007/3224, Sched. Other amendments have been made to Schedule 1 which are not relevant to this Order.

(36)

Rule 61(4)(b) was amended by S.I. 2007/3224, Sched. Other amendments have been made to rule 61 which are not relevant to this Order.

(37)

Schedule 2 was amended by S.I. 2007/3224, Sched.

(38)

Part 1 of the Schedule was amended by S.I. 2007/3224, Sched. Other amendments have been made to the Schedule which are not relevant to this Order.

(39)

Regulation 5 was amended by S.I. 2007/3224, Sched.

(40)

Rule 186 was amended by S.I. 2007/3224, Sched.

(41)

Schedule 2 was amended by S.I. 2007/3224, Sched. Other amendments have been made to Schedule 2 which are not relevant to this Order.

(42)

Schedule 1 was amended by S.I. 2007/3224, Sched.

(43)

The Schedule was amended by S.I. 2007/3224, Sched.

(44)

By virtue of S.I. 2007/3224 art. 12(7) and (8) the reference in article 11(g) to the Department of Trade and Industry is to be treated as a reference to the Department for Business, Enterprise and Regulatory Reform.