The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016

PART 1 Primary legislation

Public Records Act 1958 (c. 51)

1.    In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 1 of the Table at the end of paragraph 3, in the entry for the Meteorological Office(1), for “Department for Business, Innovation and Skills” substitute “Department for Business, Energy and Industrial Strategy”.

Parliamentary Commissioner Act 1967 (c. 13)

2.  In Schedule 2 to the Parliamentary Commissioner Act 1967 (Departments etc subject to investigation)(2)—

(a) omit “Department for Business, Innovation and Skills” and “Department of Energy and Climate Change”, and

(b) at the appropriate places insert “Department for Business, Energy and Industrial Strategy” and “Department for International Trade”.

Coinage Act 1971 (c. 24)

3.—(1) The Coinage Act 1971 is amended as follows.

(2) In section 6(3) (standard trial plates)(3), for “the National Weights and Measures Laboratory of the Department for Business, Innovation and Skills” substitute “the Regulatory Delivery Directorate of the Department for Business, Energy and Industrial Strategy”.

(3) In section 8(2)(d) (trial of the pyx)(4), for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

Police and Criminal Evidence Act 1984 (c. 60)

4.  In section 114A(2)(a) of the Police and Criminal Evidence Act 1984 (power to apply Act to officers of the Secretary of State etc)(5), for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Business, Energy and Industrial Strategy”.

Weights and Measures Act 1985 (c. 72)

5.—(1) The Weights and Measures Act 1985 is amended as follows.

(2) In section 3(1) and (5) (secondary, tertiary and coinage standards)(6), for “Department for Business, Innovation and Skills standards” substitute “Department for Business, Energy and Industrial Strategy standards”.

(3) In section 94(1) (interpretation)(7), for “Department for Business, Innovation and Skills standards” substitute “Department for Business, Energy and Industrial Strategy standards”.

(4) In Part 5 of Schedule 2 (authorised copies of UK standards of the yard and pound), in paragraph (e)(8), for “National Weights and Measures Laboratory of the Department for Business, Innovation and Skills” substitute “Regulatory Delivery Directorate of the Department for Business, Energy and Industrial Strategy”.

Transport and Works Act 1992 (c. 42)

6.  In section 23(10) of the Transport of Works Act 1992 (exercise of Secretary of State’s functions by appointed person)(9), for “the Department of Energy and Climate Change” in each place substitute “the Department for Business, Energy and Industrial Strategy”.

Channel Tunnel Rail Link Act 1996 (c. 61)

7.  In the following provisions of the Channel Tunnel Rail Link Act 1996, for “the Secretary of State for Energy and Climate Change” substitute “the Secretary of State for Business, Energy and Industrial Strategy”—

(a) section 50(5)(b) (overhead lines)(10);

(b) paragraph 13 of Schedule 14 (overhead lines: consent)(11);

(c) paragraph 2(4)(a) of Part 2 of Schedule 15 (protection for electricity, gas, water and sewerage undertakers)(12).

Regulation of Investigatory Powers Act 2000 (c. 23)

8.  In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant public authorities)(13)—

(a) before paragraph 9A insert—

“9ZC.   The Department for Business, Energy and Industrial Strategy.”, and

(b) omit paragraph 9ZB (Department for Business, Innovation and Skills) and the entry in paragraph 10ZA for the Department of Energy and Climate Change.

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

9.  In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004 (authorities within remit of Commissioner for Victims and Witnesses)(14)—

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

“1VA.   The Department for Business, Energy and Industrial Strategy.”, and

(b) omit paragraph 1WA (Department for Business, Innovation and Skills).

Serious Organised Crime and Police Act 2005 (c. 15)

10.  In section 71(15) of the Serious Organised Crime and Police Act 2005 (assistance by offender: immunity from prosecution), in subsections (4)(db), (6A) and (6C), for “Secretary of State for Business, Innovation and Skills” substitute “Secretary of State for Business, Energy and Industrial Strategy”.

Natural Environment and Rural Communities Act 2006 (c. 16)

11.—(1) The Natural Environment and Rural Communities Act 2006 is amended as follows.

(2) In the following provisions(16), for “or DECC” substitute “or BEIS”—

(a) section 78(1) (agreement between Secretary of State and designated body);

(b) section 79(1) (agreement between designated bodies);

(c) section 80(3) (designated bodies);

(d) section 82(a) and (b) (maximum duration of agreement);

(e) section 86(2) (interpretation);

(f) section 98(1) and (5) (financial assistance).

(3) In section 86—

(a) in subsection (2)(b), for “Department of Energy and Climate Change” substitute “Department for Business, Energy and Industrial Strategy”, and

(b) in subsection (2A)(17), after “2009” insert “(and see also the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016)”.

(4) In section 98—

(a) in subsection (5)(b), for “Department of Energy and Climate Change” substitute “Department for Business, Energy and Industrial Strategy ”, and

(b) in subsection (5A)(18), after “2009” insert “(and see also the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016)”.

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

12.  In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007 (list of government departments etc)(19)—

(a) at the appropriate place insert “Department for Business, Energy and Industrial Strategy”,

(b) omit “Department for Business, Innovation and Skills” and “Department of Energy and Climate Change”.

Crossrail Act 2008 (c. 18)

13.  In the following provisions of the Crossrail Act 2008(20), for “the Secretary of State for Energy and Climate Change” substitute “the Secretary of State for Business, Energy and Industrial Strategy”—

(a) section 4(5)(b) (overhead lines),

(b) paragraph 12 of Schedule 4 (overhead lines: consent), and

(c) paragraphs 2(4) and 13(3) of Part 2 of Schedule 17 (protection for electricity, gas, water and sewerage undertakers).

(1)

The reference in the entry for the Meteorological Office to the Department for Business, Innovation and Skills was substituted by S.I. 2011/2436, Sch. 2.

(2)

Schedule 2 was substituted by S.I. 2011/2986, Sch. Other amendments have been made to Schedule 2 which are not relevant to this Order.

(3)

Section 6(3) was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch.

(4)

Section 8(2) was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch.

(5)

Section 114A was inserted by section 85 of the Criminal Justice and Police Act 2001 (c. 16) and amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch. Other amendments have been made to section 114A which are not relevant to this Order.

(6)

Section 3(1) and (5) were amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch.

(7)

The definition of “Department for Business, Innovation and Skills standards” was substituted by S.I. 2009/2748, Sch.

(8)

Paragraph (e) was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch.

(9)

Section 23(10) was amended by S.I. 2007/3224, Sch. and by S.I. 2009/229, Sch. 2. Other amendments have been made to section 23(10) which are not relevant to this Order.

(10)

Section 50(5) was amended by S.I. 2002/2626, Sch. 2, by S.I. 2007/3224, Sch. and by S.I. 2009/229, Sch. 2.

(11)

Paragraph 13 was amended by S.I. 2002/2626, Sch. 2 by S.I. 2007/3224, Sch. and by S.I. 2009/229, Sch. 2.

(12)

Paragraph 2(4) was substituted by S.I. 1997/2971, Sch. and amended by S.I. 2002/2626, Sch. 2, by S.I. 2007/3224, Sch. and by S.I. 2009/229, Sch. 2.

(13)

Schedule 1 was amended by S.I. 2007/3224, Sch., by S.I. 2009/229, Sch. 2 and by S.I. 2009/2748, Sch. Paragraph 9ZB was inserted by S.I. 2009/2748, Sch. Other amendments have been made to Schedule 1 which are not relevant to this Order.

(14)

Schedule 9 was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch. Other amendments have been made to Schedule 9 which are not relevant to this Order.

(15)

Subsections (4)(db), (6A) and (6C) were inserted by section 113 of the Coroners and Justice Act 2009 (c. 25). Other amendments have been made to section 71 which are not relevant to this Order.

(16)

Each of the provisions amended by sub-paragraph (2) was amended by S.I. 2009/229, Sch. 2.

(17)

Subsection (2A) was substituted by S.I. 2009/229, Sch. 2.

(18)

Subsection (5A) was substituted by S.I. 2009/229, Sch. 2.

(19)

Schedule 1 was amended by S.I. 2008/396, art. 2, by S.I. 2009/229, Sch. 2 and by S.I. 2009/2748, Sch. Other amendments have been made to Schedule 1 which are not relevant to this Order.

(20)

Each of the provisions amended by this paragraph was amended by S.I. 2009/229, Sch. 2.