The Transfer of Functions (Secretary of State for Digital, Culture, Media and Sport) Order 2017

Statutory Instruments

2017 No. 979

Ministers Of The Crown

The Transfer of Functions (Secretary of State for Digital, Culture, Media and Sport) Order 2017

Made

11th October 2017

Laid before Parliament

18th October 2017

Coming into force

8th November 2017

At the Court at Buckingham Palace, the 11th day of October 2017

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by sections 1 and 2 of the Ministers of the Crown Act 1975(1), is pleased, by and with the advice of Her Privy Council, to order as follows:

Citation and commencement

1.—(1) This Order may be cited as the Transfer of Functions (Secretary of State for Digital, Culture, Media and Sport) Order 2017.

(2) This Order comes into force on 8th November 2017.

Interpretation

2.  In this Order—

“CMS function” means any function so far as—

(a)

it is transferred by article 4, or

(b)

it was entrusted to the Secretary of State for Culture, Media and Sport immediately before 3rd July 2017 and has before the making of this Order been entrusted to the Secretary of State for Digital, Culture, Media and Sport;

“instrument” includes Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.

Incorporation of the Secretary of State for Digital, Culture, Media and Sport

3.—(1) The person who at the coming into force of this Order is the Secretary of State for Digital, Culture, Media and Sport and any successor to that person is by that name a corporation sole.

(2) The corporate seal of the Secretary of State for Digital, Culture, Media and Sport—

(a) is to be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and

(b) is to be officially and judicially noticed.

(3) Every document purporting to be an instrument made or issued by the Secretary of State for Digital, Culture, Media and Sport and to be—

(a) sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2), or

(b) signed or executed by a person authorised by a Secretary of State to act in that behalf,

is to be received in evidence and to be deemed to be so made or issued without further proof, unless the contrary is shown.

(4) A certificate signed by the Secretary of State for Digital, Culture, Media and Sport that an instrument purporting to be made or issued by—

(a) the Secretary of State for Digital, Culture, Media and Sport,

(b) the Secretary of State for Culture, Media and Sport, or

(c) the Secretary of State for Culture, Olympics, Media and Sport,

was so made or issued is conclusive evidence of that fact.

(5) The Documentary Evidence Act 1868(2) applies in relation to the Secretary of State for Digital, Culture, Media and Sport—

(a) as if references to regulations and orders included references to any document, and

(b) as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.

Transfer of functions

4.  The functions of the Secretary of State for Culture, Media and Sport are transferred to the Secretary of State for Digital, Culture, Media and Sport.

Transfer of property, rights and liabilities

5.  There are transferred to the Secretary of State for Digital, Culture, Media and Sport all property, rights and liabilities to which the Secretary of State for Culture, Media and Sport is entitled or subject at the coming into force of this Order.

Supplementary

6.—(1) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for Culture, Media and Sport may be continued by or in relation to the Secretary of State for Digital, Culture, Media and Sport.

(2) Anything done (or having effect as if done) by or in relation to the Secretary of State for Culture, Media and Sport has effect, so far as is necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Digital, Culture, Media and Sport.

(3) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of—

(a) the transfer or entrusting to the Secretary of State for Digital, Culture, Media and Sport of any CMS function, or

(b) the transfer of anything by article 5,

as if references to (and references which are to be read as references to) the Secretary of State for Culture, Media and Sport were or included references to the Secretary of State for Digital, Culture, Media and Sport.

(4) Documents or forms printed for use in connection with any CMS function may be used in connection with that function even though they contain (or are to be read as containing) references to the Secretary of State for Culture, Media and Sport.

(5) For the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Digital, Culture, Media and Sport.

(6) In paragraphs (1) to (5) references to a Secretary of State include references to the department or an officer of that Secretary of State.

Supplementary: validity of things done before coming into force of Order

7.—(1) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State for Culture, Media and Sport before the coming into force of this Order.

(2) In paragraph (1) the reference to the Secretary of State includes a reference to the department or an officer of the Secretary of State.

Consequential amendments

8.  The Schedule has effect.

Richard Tilbrook

Clerk of the Privy Council

Article 8

SCHEDULE CONSEQUENTIAL AMENDMENTS

PART 1 Primary legislation

Imperial War Museum Act 1920 (c. 15)

1.  In paragraph (1) of the Schedule to the Imperial War Museum Act 1920(3) (Board of Trustees), in the Table, for “The Secretary of State for Culture, Media and Sport”, substitute “The Secretary of State for Digital, Culture, Media and Sport”.

Channel Tunnel Rail Link Act 1996 (c. 61)

2.  In paragraph 5(5)(a) of Schedule 7 to the Channel Tunnel Rail Link Act 1996(4) (heritage), for “the Secretary of State for Culture, Media and Sport” substitute “the Secretary of State for Digital, Culture, Media and Sport”.

Housing and Regeneration Act 2008 (c. 17)

3.  In the following provisions of Schedule 4 to the Housing and Regeneration Act 2008(5) (powers: statutory undertakers), for “the Secretary of State for Culture, Media and Sport” substitute “the Secretary of State for Digital, Culture, Media and Sport”—

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

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

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

Crossrail Act 2008 (c. 18)

4.  In the following provisions of the Crossrail Act 2008(6), for “the Secretary of State for Culture, Media and Sport” substitute “the Secretary of State for Digital, Culture, Media and Sport”—

(a) paragraph 5(5) of Schedule 9 (heritage: disapplication and modification of controls), and

(b) paragraph 6(3) of Part 4 of Schedule 17 (protection of electronic communications code networks).

High Speed Rail (London – West Midlands) Act 2017 (c. 7)

5.  In the following provisions of the High Speed Rail (London – West Midlands) Act 2017, for “the Secretary of State for Culture, Media and Sport” substitute “the Secretary of State for Digital, Culture, Media and Sport”—

(a) paragraph 2(4) of Schedule 19 (ancient monuments), and

(b) the definition of “the appropriate Ministers” in paragraph 32(2) of Schedule 33 (protective provisions).

Digital Economy Act 2017 (c. 30)

6.  In the following provisions of the Digital Economy Act 2017, for “The Secretary of State for Culture, Media and Sport.” substitute “The Secretary of State for Digital, Culture, Media and Sport.”—

(a) paragraph 9 of Schedule 4 (public service delivery: specified persons for the purposes of section 35), and

(b) paragraph 12 of Schedule 8 (specified persons for the purposes of the fraud provisions).

PART 2 Secondary legislation

Planning (Listed Buildings and Conservation Areas) Regulations 1990 (S.I. 1990/1519)

7.  In Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Regulations 1990(7), for “the Secretary of State for Culture, Media and Sport” in each place substitute “the Secretary of State for Digital, Culture, Media and Sport”.

Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466)

8.  In column (2) of the table in Schedule 5 to the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006(8) (persons to be served with copy of application etc), for “Secretary of State for Culture, Media and Sport” in each place substitute “Secretary of State for Digital, Culture, Media and Sport”.

Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 (S.I. 2010/501)

9.  In regulation 1(2) of the Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010(9) (interpretation), in the definition of “Culture Secretary”, for “the Secretary of State for Culture, Media and Sport” substitute “the Secretary of State for Digital, Culture, Media and Sport”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order in Council is made under sections 1 and 2 of the Ministers of the Crown Act 1975. It makes provision for and in connection with the transfer of functions from the Secretary of State for Culture, Media and Sport to the Secretary of State for Digital, Culture, Media and Sport.

Article 3 provides for the incorporation of the Secretary of State for Digital, Culture, Media and Sport as a corporation sole and for the authentication of the corporate seal and execution and certification of documents.

Article 4 transfers functions from the Secretary of State for Culture, Media and Sport to the Secretary of State for Digital, Culture, Media and Sport. Article 5 transfers property, rights and liabilities. Articles 6 and 7 make supplementary provision and article 8 and the Schedule make consequential amendments to legislation.

Nothing in this Order alters the functions of the Welsh Ministers, the Scottish Ministers or the devolved authorities in Northern Ireland.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1975 c.26. Section 1 was amended by section 20 of the Constitutional Reform Act 2005 (c. 4).

(2)

1868 c.37.

(3)

Para. (1) was substituted by S.I. 1986/2239, Sch. and amended by S.I. 1992/1311, Sch. 2, S.I. 1997/1744, Sch., S.I.2010/1551, Sch. and S.I. 2012/2590, Sch. Other amendments have been made to para. (1) which are not relevant to this Order.

(4)

Para. 5(5)(a) was amended by S.I. 1997/1744, Sch., S.I. 2010/1551, Sch. and S.I. 2012/2590, Sch. Other amendments have been made to para. 5(5)(a) which are not relevant to this Order.

(5)

The provisions mentioned were amended by S.I. 2009/2748, Sch., S.I. 2011/741, Sch. 2 and S.I. 2012/2590, Sch.

(6)

Para. 5(5) was amended by S.I. 2010/1551, Sch. and S.I. 2012/2590, Sch. Para. 6(3) was amended by S.I. 2009/2748, Sch., S.I. 2011/741, Sch. 2 and S.I. 2012/2590, Sch.

(7)

Schedule 4 was substituted, in its application to England, by S.I. 2009/2711, reg.2, and amended by S.I. 2010/1551, Sch. and S.I. 2012/2590, Sch. Schedule 4 was revoked, in its application to Wales, by S.I. 2012/793, reg.18(1) and Sch.5. Other amendments have been made to Schedule 4 which are not relevant to this Order.

(8)

Schedule 5 was amended by S.I. 2010/1551, Sch. and S.I. 2012/2590, Sch. Other amendments have been made to Schedule 5 which are not relevant to this Order.

(9)

Reg. 1 was amended by S.I. 2010/1551, Sch. and S.I. 2012/2590, Sch.