The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023

Supplementary provisions in relation to the Secretary of State for Science, Innovation and Technology

10.—(1) There are transferred to the Secretary of State for Science, Innovation and Technology—

(a) all property, rights and liabilities to which the Secretary of State for Business, Energy and Industrial Strategy is entitled or subject at the coming into force of this Order in connection with any SIT function,

(b) all property, rights and liabilities to which the Secretary of State for Digital, Culture, Media and Sport is entitled or subject at the coming into force of this Order in connection with any digital function,

(c) all property, rights and liabilities to which the Minister for the Cabinet Office is entitled or subject at the coming into force of this Order in connection with any Geospatial Commission function, and

(d) all property, rights and liabilities to which the Chancellor of the Duchy of Lancaster is entitled or subject at the coming into force of this Order in connection with any OSTS function.

(2) 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—

(a) the Secretary of State for Business, Energy and Industrial Strategy, so far as it relates to an SIT function or anything transferred by paragraph (1)(a),

(b) the Secretary of State for Digital, Culture, Media and Sport, so far as it relates to a digital function or anything transferred by paragraph (1)(b),

(c) the Minister for the Cabinet Office, so far as it relates to a Geospatial Commission function or anything transferred by paragraph (1)(c), or

(d) the Chancellor of the Duchy of Lancaster, so far as it relates to an OSTS function or anything transferred by paragraph (1)(d),

may be continued by or in relation to the Secretary of State for Science, Innovation and Technology.

(3) Anything done (or having effect as if done) by or in relation to—

(a) the Secretary of State for Business, Energy and Industrial Strategy in connection with a SIT function or anything transferred by paragraph (1)(a),

(b) the Secretary of State for Digital, Culture, Media and Sport in connection with a digital function or anything transferred by paragraph (1)(b),

(c) the Minister for the Cabinet Office in connection with a Geospatial Commission function or anything transferred by paragraph (1)(c), or

(d) the Chancellor of the Duchy of Lancaster in connection with an OSTS function or anything transferred by paragraph (1)(d),

has effect, so far as 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 Science, Innovation and Technology.

(4) Documents or forms printed for use in connection with an SIT 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 Business, Energy and Industrial Strategy; and 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 Science, Innovation and Technology.

(5) Documents or forms printed for use in connection with a digital 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 Digital, Culture, Media and Sport; and 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 Science, Innovation and Technology.

(6) Documents or forms printed for use in connection with a Geospatial Commission function may be used in connection with that function even though they contain, or are to be read as containing, references to the Minister for the Cabinet Office; and 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 Science, Innovation and Technology.

(7) Documents or forms printed for use in connection with an OSTS function may be used in connection with that function even though they contain, or are to be read as containing, references to the Chancellor of the Duchy of Lancaster; and 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 Science, Innovation and Technology.

(8) 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 Science, Innovation and Technology of any SIT function, or

(b) the transfer of anything by paragraph (1)(a),

as if references to (and references which are to be read as references to) the Secretary of State for Business, Energy and Industrial Strategy were or included references to the Secretary of State for Science, Innovation and Technology.

(9) 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 Science, Innovation and Technology of any digital function, or

(b) the transfer of anything by paragraph (1)(b),

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

(10) 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 Science, Innovation and Technology of any Geospatial Commission function, or

(b) the transfer of anything by paragraph (1)(c),

as if references to (and references which are to be read as references to) the Minister for the Cabinet Office were or included references to the Secretary of State for Science, Innovation and Technology.

(11) 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 Science, Innovation and Technology of any OSTS function, or

(b) the transfer of anything by paragraph (1)(d),

as if references to (and references which are to be read as references to) the Chancellor of the Duchy of Lancaster were or included references to the Secretary of State for Science, Innovation and Technology.

(12) In paragraphs (2) to (11)—

(a) references to the Secretary of State for Business, Energy and Industrial Strategy or to the Secretary of State for Digital, Culture, Media and Sport include references to the department or an officer of that Secretary of State;

(b) references to the Minister for the Cabinet Office or to the Chancellor of the Duchy of Lancaster include references to the Cabinet Office or an officer in that Office;

and references to the Secretary of State for Science, Innovation and Technology are to be read accordingly.