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 2 Secondary legislation

Housing (Right to Buy) (Service Charges) Order 1986 (S.I. 1986/2195)

14.  In article 2 of the Housing (Right to Buy) (Service Charges) Order 1986 (interpretation), in the definition of “index figure”(1)—

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

(b) for “Department for Business, Innovation and Skills” substitute “Department for Business, Energy and Industrial Strategy”.

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

15.  In rule 13.13(2) of the Insolvency Rules 1986 (expressions used generally)(2), for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

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

16.—(1) The Companies House Trading Fund Order 1991 is amended as follows.

(2) At the end of article 3 (establishment of the fund)(3) insert—

“From the coming into force of 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, the fund is to be for the operations of that part of the Department for Business, Energy and Industrial Strategy 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.”

(3) In article 4 (source of loans)(4), for “for Business, Innovation and Skills” substitute “for Business, Energy and Industrial Strategy”.

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

17.—(1) The Patent Office Trading Fund Order is amended as follows.

(2) At the end of article 2 (establishment of the fund)(5) insert—

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

(3) In article 3 (source of loans)(6), for “for Business, Innovation and Skills” substitute “for Business, Energy and Industrial Strategy”.

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

18.  In the Schedule(7) to the Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994, for “The Secretary of State for Business, Innovation and Skills” substitute “The Secretary of State for Business, Energy and Industrial Strategy”.

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

19.  In regulation 3(3) of the Insolvency Regulations 1994 (interpretation and application)(8), for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

Meteorological Office Trading Fund Order 1996 (S.I. 1996/774)

20.—(1) The Meteorological Office Trading Fund Order 1996 is amended as follows.

(2) In article 3 (source of loans)(9), for “Secretary of State for Business, Innovation and Skills” substitute “Secretary of State for Business, Energy and Industrial Strategy”.

(3) In Schedule 1 (funded operations)(10), for “Department for Business, Innovation and Skills” substitute “Department for Business, Energy and Industrial Strategy”.

Chemical Weapons (Notification) Regulations 1996 (S.I. 1996/2503)

21.  In regulation 3(3) of the Chemical Weapons (Notification) Regulations 1996 (notification to the Secretary of State)(11), for the words from “, Department of” to the end substitute “at the address given on its website as its postal address, or sent by means of an electronic communications network to the address given on the Authority’s website as its address for electronic communications”.

Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 (S.I. 1998/1056)

22.  In regulation 4(7) of the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 (oil pollution emergency plans)(12), for “the Secretary of State for Energy and Climate Change” substitute “the Secretary of State for Business, Energy and Industrial Strategy”.

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

23.  In articles 4(4)(13) and 15(2)(14) of the Trial of the Pyx Order 1998, for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

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

24.  In column (2) of the Schedule to the Building Societies (Business Names) Regulations 1998 (specification of relevant bodies etc)(15), for “Department for Business, Innovation and Skills” substitute “Department for Business, Energy and Industrial Strategy”.

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

25.  In rule 1.2(1) of the Railway Administration Order Rules 2001 (construction and interpretation)(16), in the definition of “the Department”, for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

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

26.—(1) The Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 is amended as follows.

(2) In article 2 (definitions)(17)—

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

(b) for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Business, Energy and Industrial Strategy”, and

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

(3) In article 3(1)(b) and in the heading to article 3 (application of certain provisions of 1984 Act to investigations)(18), for “BIS investigations” in each place substitute “BEIS investigations”.

(4) In article 4 (modifications)(19)—

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

(b) in paragraph (5)(b), (c) and (d), for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Business, Energy and Industrial Strategy”.

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

27.  In the Community Investment Tax Relief (Accreditation of Community Development Finance Institutions) Regulations 2003, in the following provisions(20) for “Department for Business, Innovation and Skills” substitute “Department for Business, Energy and Industrial Strategy”—

(a) regulation 7(4);

(b) regulation 12A(2)(21);

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

(d) regulation 15(2)(b)(ii);

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

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

28.—(1) In the Land Registration Rules 2003, in the following provisions for “the Secretary of State for Business, Innovation and Skills” in each place substitute “the Secretary of State for Business, Energy and Industrial Strategy”—

(a) form CIT in Schedule 1(22);

(b) column 1 of Schedule 5(23).

(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, Innovation and Skills; and those references are to be read as references to the Secretary of State for Business, Energy and Industrial Strategy.

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

29.  In article 2(2)(24) of the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004, for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Business, Energy and Industrial Strategy”.

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

30.  In paragraph (b) of Schedule 1 to the Measuring Instruments (EEC Requirements) (Fees) Regulations 2004 (calculation of variable fee)(25), for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

Electricity (Fuel Mix Disclosure) Regulations 2005 (S.I. 2005/391)

31.  In paragraph 1 of the condition(26) set out in the Schedule to the Electricity (Fuel Mix Disclosure) Regulations 2005, in the definition of “fuel mix disclosure data table”, for “the Department of Energy and Climate Change” substitute “the Department for Business, Energy and Industrial Strategy”.

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

32.  In Part 1 of the Schedule(27) to the Damages (Government and Health Service Bodies) Order 2005—

(a) omit “Department of Energy and Climate Change”, and

(b) for “Department for Business, Innovation and Skills” substitute “Department for Business, Energy and Industrial Strategy”.

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

33.  In rule 186(2) of the Energy Administration Rules 2005 (expressions used generally)(28), for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

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

34.  In Schedule 1 to the Accession (Immigration and Worker Authorisation) Regulations 2006, in the column 2 entry relating to “Teacher or language assistant”(29), for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 (S.I. 2007/292)

35.  In the following provisions(30) of the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007, for “Secretary of State for Energy and Climate Change” substitute “Secretary of State for Business, Energy and Industrial Strategy”—

(a) the definition of “the competent authority” in regulation 2(1) (interpretation);

(b) regulation 3(2) (issue of guarantees).

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

36.  In column 1 of the Schedule(31) to the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007, for “The Department for Business, Innovation and Skills” substitute “The Department for Business, Energy and Industrial Strategy”.

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

37.  In article 11(g) of the Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (disclosure of information)(32), for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

Petroleum Licensing (Production) (Seaward Areas) Regulations 2008 (S.I. 2008/225)

38.  In clause 1(1) of the model clauses in the Schedule to the Petroleum Licensing (Production) (Seaward Areas) Regulations 2008(33), in the definition of “the Minister”, for “the Secretary of State for Energy and Climate Change” substitute “the Secretary of State for Business, Energy and Industrial Strategy”.

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

39.  In article 11(g) of the Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2008 (disclosure of information)(34), for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

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

40.  In articles 33(5), 33A(3) and 44 of the Export Control Order 2008(35), for “Department for Business, Innovation and Skills” substitute “Department for International Trade”.

Offshore Gas Storage and Unloading (Licensing) Regulations 2009 (S.I. 2009/2813)

41.  In clause 1(1) of the model clauses in the Schedule to the Offshore Gas Storage and Unloading (Licensing) Regulations 2009(36), in the definition of “the Minister”, for “Secretary of State for Energy and Climate Change” substitute “Secretary of State for Business, Energy and Industrial Strategy”.

Offshore Exploration (Petroleum, and Gas Storage and Unloading) (Model Clauses) Regulations 2009 (S.I. 2009/2814)

42.  In clause 1(1) of the model clauses in the Schedule to the Offshore Exploration (Petroleum, and Gas Storage and Unloading) (Model Clauses) Regulations 2009(37), in the definition of “the Minister”, for “Secretary of State for Energy and Climate Change” substitute “Secretary of State for Business, Energy and Industrial Strategy”.

Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521)

43.  In Part 1 of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010, in column (1), for “The Department for Business, Innovation and Skills” substitute “The Department for Business, Energy and Industrial Strategy”.

South Gloucestershire and Stroud College (Government) Regulations 2011 (S.I. 2011/2975)

44.  In the following provisions of the South Gloucestershire and Stroud College (Government) Regulations 2011, for “Secretary of State for Business, Innovation and Skills” substitute “Secretary of State for Education”—

(a) clause 1(k) of Schedule 1 (instrument of government);

(b) clause 1(h) of Schedule 2 (articles of government).

Criminal Justice Act 2003 (Commencement No. 26) Order 2011 (S.I. 2011/2188)

45.  In article 3(b) of the Criminal Justice Act 2003 (Commencement No. 26) Order 2011, for “Secretary of State for Business, Innovation and Skills” substitute “Secretary of State for Business, Energy and Industrial Strategy”.

Easton and Otley College (Government) Regulations 2012 (S.I. 2012/1749)

46.  In paragraph 1(i) of Schedule 1 to the Easton and Otley College (Government) Regulations 2012 (instrument of government), for “Secretary of State for Business, Innovation and Skills” substitute “Secretary of State for Education”.

Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648)

47.  In paragraph 6 of Schedule 15 to the Hinkley Point C (Nuclear Generating Station) Order 2013 (provisions for protection of the Environment Agency), for “Secretary of State for Energy and Climate Change” substitute “Secretary of State for Business, Energy and Industrial Strategy”.

Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013 (S.I. 2013/1764)

48.  In the following provisions of the Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013, for “Secretary of State for Business, Innovation and Skills” in each place substitute “Secretary of State for Education”—

(a) regulation 3 (appointment of principal regulator);

(b) regulation 5(1) (definition of “responsible person”).

Energy Savings Opportunity Scheme Regulations 2014 (S.I. 2014/1643)

49.  In the following provisions of the Energy Savings Opportunity Scheme Regulations 2014, for “Secretary of State for Energy and Climate Change” substitute “Secretary of State for Business, Energy and Industrial Strategy”—

(a) regulation 6(1)(e) (compliance bodies);

(b) regulation 48(2)(a) (appeals).

Public Interest Disclosure (Prescribed Persons) Order 2014 (S.I. 2014/2418)

50.  In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014, in the first column, for “Secretary of State for Business, Innovation and Skills.” substitute “Secretary of State for Business, Energy and Industrial Strategy.”

Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2014 (S.I. 2014/3140)

51.—(1) The Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2014 are amended as follows.

(2) In column (2) in Part 1 of Schedule 2 (list of government departments etc whose views must be sought)—

(a) in relation to the entries in column (1) for “Accredit”, “Accreditation”, “Accredited” and “Accrediting”, for “Department for Business, Innovation & Skills” substitute “Department for Business, Energy and Industrial Strategy”, and

(b) in relation to the entry in column (1) for “Polytechnic”, for “Department for Business, Innovation & Skills” substitute “Department for Education”.

(3) In column (2) of Part 2 of Schedule 2 (applications where situation of registered office or principal place of business is relevant), in relation to the entry in column (1) for “University”, for “Department for Business, Innovation & Skills” substitute “Department for Education”.

Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141)

52.  In Part 1 of Schedule 4 to the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (UK competent authorities)—

(a) at the appropriate place insert “The Secretary of State for Business, Energy and Industrial Strategy”, and

(b) omit “The Secretary of State for Energy and Climate Change”.

Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales) Order 2015 (S.I. 2015/1853)

53.  In column 2 of the Schedule to the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales) Order 2015, for “the Department for Business, Innovation and Skills” in each place substitute “the Department for Business, Energy and Industrial Strategy”.

Renewables Obligation Order 2015 (S.I. 2015/1947)

54.  In regulation 79(3) of the Renewables Obligation Order 2015 (provision of information), for “Department of Energy and Climate Change” substitute “Department for Business, Energy and Industrial Strategy”.

(1)

The definition of “index figure” was substituted by S.I. 2010/2769, art. 2.

(2)

Rule 13.13(2) was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2478, Sch.

(3)

Article 3 was amended by S.I. 2007/3224, Sch., by S.I. 2009/2622, art. 1 and by S.I. 2009/2748, Sch.

(4)

Article 4 was amended by S.I. 2009/2748, Sch.

(5)

Article 2 was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch.

(6)

Article 3 was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch.

(7)

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

(8)

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

(9)

Article 3 was amended by S.I. 2011/2436, Sch. 2.

(10)

Schedule 1 was amended by S.I. 2011/2436, Sch. 2.

(11)

Regulation 3(3) was substituted by S.I. 2004/2406, reg. 2 and amended by S.I. 2007/3224, Sch. and by S.I. 2009/229, Sch. 2.

(12)

Regulation 4(7) was amended by S.I. 2007/3224, Sch., by S.I. 2009/229, Sch.2 and by S.I. 2015/386, reg. 3.

(13)

Article 4(4) was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch.

(14)

Article 15(2) was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch. Other amendments have been made to article 15(2) which are not relevant to this Order.

(15)

The Schedule was amended by S.I. 2007/3224, Sch. and the entry relating to “Polytechnic” was amended by S.I. 2009/2748, Sch. Other amendments have been made to the Schedule which are not relevant to this Order.

(16)

The definition of “the Department” was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch.

(17)

Article 2 was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch. Other amendments have been made to article 2 which are not relevant to this Order.

(18)

Article 3(1)(b) was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch.

(19)

Article 4 was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch.

(20)

The provisions were amended by S.I. 2008/383 and by S.I. 2009/2748, Sch.

(21)

Regulation 12A was inserted by S.I. 2013/417, reg. 7.

(22)

Schedule 1 was substituted by S.I. 2008/1919, Sch. 2 and amended by S.I. 2009/2748, Sch.

(23)

Schedule 5 was amended by S.I. 2009/2748, Sch. Other amendments have been made to Schedule 5 which are not relevant to this Order.

(24)

Article 2(2) was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch. Other amendments have been made to article 2 which are not relevant to this Order.

(25)

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

(26)

Paragraph 1 of the condition was amended by S.I. 2007/3224, Sch. and by S.I. 2009/229, Sch. 2.

(27)

Part 1 of the Schedule was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch. Other amendments have been made to the Schedule which are not relevant to this Order.

(28)

Rule 186 was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch.

(29)

The entry relating to “Teacher or language assistant” was amended by S.I. 2007/3224, Sch., by S.I. 2009/2748, Sch. and by S.I. 2010/1836, Sch.

(30)

The provisions amended by this paragraph were amended by S.I. 2009/229, Sch. 2.

(31)

The Schedule was amended by S.I. 2007/3224, Sch. and by S.I. 2009/2748, Sch.

(32)

Article 11(g) was amended by S.I. 2009/2748, Sch.

(33)

The Schedule was amended by S.I. 2016/912, reg. 13. The definition of “the Minister” in clause 1(1) of the model clauses was amended by S.I. 2009/229, Sch. 2.

(34)

Article 11(g) was amended by S.I. 2009/2748, Sch.

(35)

Articles 33(5) and 44 were amended by S.I. 2009/2748. Article 33A was inserted by S.I. 2012/1910, Sch.

(36)

The Schedule was amended by S.I. 2016/912, reg. 14.

(37)

The Schedule was amended by S.I. 2016/912, reg. 15.