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

Part 1 Primary legislation

Imperial War Museum Act 1920 (c. 16)

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

Public Records Act 1958 (c. 51)

2.  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, for “Department for Business, Energy and Industrial Strategy” substitute “Department for Science, Innovation and Technology”.

Parliamentary Commissioner Act 1967 (c. 13)

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

(a) omit “Department for Business, Energy and Industrial Strategy” and “Department for International Trade”;

(b) at the appropriate places insert—

• “Department for Business and Trade.”

• “Department for Energy Security and Net Zero.”

• “Department for Science, Innovation and Technology.”

Coinage Act 1971 (c. 24)

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

(2) In section 6(3) (standard trial plates), for “the Regulatory Delivery Directorate of the Department for Business, Energy and Industrial Strategy” substitute “the Department for Business and Trade”.

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

Police and Criminal Evidence Act 1984 (c. 60)

5.  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)(3), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Business and Trade”.

Weights and Measures Act 1985 (c. 72)

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

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

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

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

Transport and Works Act 1992 (c. 42)

7.  In section 23(10) of the Transport and Works Act 1992 (exercise of Secretary of State’s functions by appointed person), for “the Department for Business, Energy and Industrial Strategy”, in each place it occurs, substitute “Department for Energy Security and Net Zero”.

Channel Tunnel Rail Link Act 1996 (c. 61)

8.—(1) The Channel Tunnel Rail Link Act 1996 is amended as follows.

(2) In section 50(5)(b) (overhead lines), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

(3) In Schedule 7 (heritage), in paragraph 5(5)(a), for “the Secretary of State for Digital, Culture, Media and Sport” substitute “the Secretary of State for Culture, Media and Sport”.

(4) In Schedule 14 (overhead lines: consent), in paragraph 13 (interpretation), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

(5) In Part 2 of Schedule 15 (protection for electricity, gas, water and sewerage undertakers), in paragraph 2(4)(a), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

Regulation of Investigatory Powers Act 2000 (c. 23)

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

(a) omit paragraph 9ZC(4);

(b) after paragraph 15 insert—

“(15C) The Department for Business and Trade.

(15D) The Department for Energy Security and Net Zero.

(15E) The Department for Science, Innovation and Technology.”

Enterprise Act 2002 (c. 40)

10.—(1) The Enterprise Act 2002 is amended as follows.

(2) Chapter 4 of Part 3 (enforcement) is amended as set out in sub-paragraphs (3) to (6).

(3) In section 85(2) (CMA advice in relation to enforcement action)—

(a) after “the Secretary of State” insert “or the Chancellor of the Duchy of Lancaster”;

(b) for “him” substitute “either of them”.

(4) In section 91 (register of undertakings and orders), at the end insert—

“(8) In subsection (5), “Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

(5) In section 92 (duty of CMA to monitor undertakings and orders), at the end insert—

“(8) In this section, “Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

(6) In section 94 (rights to enforce undertakings and orders), at the end insert—

“(10) In subsection (8), “Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

(7) Schedule 7 (enforcement regime for public interest and special public interest cases) is amended as set out in sub-paragraphs (8) to (10).

(8) In paragraph 3 (accepting of undertakings), at the end insert—

“(11) In sub-paragraphs (8) and (10), “Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

(9) In paragraph 5 (orders in case of breach of undertaking etc)—

(a) in sub-paragraph (1)—

(i) omit “by him” (in both places it occurs);

(ii) in paragraph (b), for “to him” substitute “to the Secretary of State”;

(b) at the end insert—

“(7) In this paragraph, “Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

(10) In paragraph 6 (orders to prevent prejudicial action), at the end insert—

“(8) In this paragraph, “Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

(11) In Schedule 8 (provision that can be made by orders)—

(a) in paragraph 20C(3)(c) (determination binding on CMA), after “Secretary of State” insert “or the Chancellor of the Duchy of Lancaster”;

(b) in paragraph 24 (meaning of “relevant authority”)—

(i) omit the “and” after paragraph (b);

(ii) at the end insert

“; and

(d) in the case of an order to be made by the Chancellor of the Duchy of Lancaster, the Chancellor of the Duchy of Lancaster.”

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

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

(a) for paragraph 1VA substitute—

“1VA.   The Department for Business and Trade.”;

(b) after paragraph 1ZB insert—

“1ZC.   The Department for Energy Security and Net Zero.”;

(c) before paragraph 5 insert—

“4A.   The Department for Science, Innovation and Technology.”

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

12.—(1) Section 71 of the Serious Organised Crime and Police Act 2005 (assistance by offender: immunity from prosecution) is amended as follows.

(2) In subsection (4)(db)(5), for “Secretary of State for Business, Energy and Industrial Strategy” substitute “Secretary of State for Business and Trade”.

(3) In subsection (6A)(6), for “Secretary of State for Business, Energy and Industrial Strategy” substitute “Secretary of State for Business and Trade”.

(4) In subsection (6C)(7), for “Secretary of State for Business, Energy and Industrial Strategy” substitute “Secretary of State for Business and Trade”.

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

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

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

(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 (interpretation)—

(a) in subsection (2)(b), for “Department for Business, Energy and Industrial Strategy” substitute “Department for Energy Security and Net Zero”;

(b) in subsection (2A)(8), after “2016” insert “and 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 (S.I. 2023/424)”.

(4) In section 98 (financial assistance)—

(a) in subsection (5)(b), for “Department for Business, Energy and Industrial Strategy” substitute “Department for Energy Security and Net Zero”;

(b) in subsection (5A)(9), after “2016” insert “and 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 (S.I. 2023/424)”.

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

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

(a) omit “Department for Business, Energy and Industrial Strategy” and “UK Trade and Investment”;

(b) at the appropriate places insert—

• “Department for Business and Trade”;

• “Department for Energy Security and Net Zero”;

• “Department for Science, Innovation and Technology”.

Housing and Regeneration Act 2008 (c. 17)

15.  In Schedule 4 to the Housing and Regeneration Act 2008 (powers in relation to, and for, statutory undertakers), in the following places, for “the Secretary of State for Digital, Culture, Media and Sport” substitute “the Secretary of State for Science, Innovation and Technology”—

(a) paragraph 8(4)(b);

(b) paragraph 15(2)(b);

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

Crossrail Act 2008 (c. 18)

16.—(1) The Crossrail Act 2008 is amended as follows.

(2) In section 4(5)(b) (overhead lines), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

(3) In Schedule 4 (overhead lines: consent), in paragraph 12, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

(4) In Schedule 9 (heritage: disapplication and modification of controls), in paragraph 5(5), for “the Secretary of State for Digital, Culture, Media and Sport” substitute “the Secretary of State for Culture, Media and Sport”.

(5) In Schedule 17 (protective provisions)—

(a) in Part 2 (protection for electricity, gas, water and sewerage undertakers)—

(i) in paragraph 2(4), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”;

(ii) in paragraph 13(3), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”;

(b) in Part 4 (protection of electronic communications code networks), in paragraph 6(3), for “the Secretary of State for Digital, Culture, Media and Sport” substitute “the Secretary of State for Science, Innovation and Technology”.

Justice and Security Act 2013 (c. 18)

17.  In section 14(1) of the Justice and Security Act 2013 (sections 6 to 13: interpretation), at the appropriate place insert—

““Secretary of State” includes the Chancellor of the Duchy of Lancaster,”.

Digital Economy Act 2017 (c. 30)

18.—(1) The Digital Economy Act 2017 is amended as follows.

(2) In section 35 (disclosure of information to improve public service delivery), after subsection (2) insert—

“(2A) Where in Schedule 4 functions are mentioned in relation to a specified person, the reference in subsection (1) to the person’s functions is limited to the person’s functions as mentioned in Schedule 4.”

(3) In section 48 (disclosure of information to reduce debt owed to the public sector), after subsection (4) insert—

“(4A) Where in Schedule 7 functions are mentioned in relation to a specified person, the reference in subsection (1) to the person’s functions is limited to the person’s functions as mentioned in Schedule 7.”

(4) In section 56 (disclosure of information to combat fraud against the public sector), after subsection (5) insert—

“(5A) Where in Schedule 8 functions are mentioned in relation to a specified person, the reference in subsection (1) to the person’s functions is limited to the person’s functions as mentioned in Schedule 8.”

(5) In Part 1 of Schedule 4 (public service delivery: specified persons for the purposes of section 35; UK and English bodies)—

(a) in paragraph 6, for “Business, Energy and Industrial Strategy” substitute “Business and Trade, in relation to the Secretary of State’s relevant business functions”;

(b) in paragraph 9, for “Digital, Culture, Media and Sport” substitute “Culture, Media and Sport”;

(c) after paragraph 9 insert—

“9A.   The Secretary of State for Energy Security and Net Zero.

9B.   The Secretary of State for Science, Innovation and Technology.”;

(d) at the end insert—

“28A.   In this Part of this Schedule—

“relevant business function” has the meaning given in article 11(3) of the 2023 Transfer of Functions Order;

“the 2023 Transfer of Functions Order” means 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 (S.I. 2023/424).”

(6) In Part 1 of Schedule 5 (public service delivery: specified persons for the purposes of sections 36 and 37; UK and English bodies), in paragraph 1, for “Business, Energy and Industrial Strategy” substitute “Energy Security and Net Zero”.

(7) In Part 1 of Schedule 7 (specified persons for the purposes of the debt provisions; UK and English bodies)—

(a) in paragraph 5, for “Business, Energy and Industrial Strategy” substitute “Business and Trade, in relation to the Secretary of State’s relevant business functions”;

(b) after paragraph 5 insert—

“5A.   The Secretary of State for Energy Security and Net Zero.

5B.   The Secretary of State for Science, Innovation and Technology, in relation to the Secretary of State’s relevant SIT functions.”;

(c) at the end insert—

“17A.   In this Part of this Schedule—

“relevant business function” has the meaning given in article 11(3) of the 2023 Transfer of Functions Order;

“relevant SIT function” has the meaning given in article 9(4) of the 2023 Transfer of Functions Order;

“the 2023 Transfer of Functions Order” means 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 (S.I. 2023/424).”

(8) In Part 1 of Schedule 8 (specified persons for the purposes of the fraud provisions)—

(a) in paragraph 6, for “Business, Energy and Industrial Strategy” substitute “Business and Trade, in relation to the Secretary of State’s relevant business functions”;

(b) in paragraph 12, for “Digital, Culture, Media and Sport” substitute “Culture, Media and Sport”;

(c) after paragraph 12 insert—

“12A.   The Secretary of State for Energy Security and Net Zero.

12B.   The Secretary of State for Science, Innovation and Technology.”;

(d) at the end insert—

“41A.   In this Part of this Schedule—

“relevant business function” has the meaning given in article 11(3) of the 2023 Transfer of Functions Order;

“the 2023 Transfer of Functions Order” means 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 (S.I. 2023/424).”

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

19.—(1) The High Speed Rail (London - West Midlands) Act 2017 is amended as follows.

(2) In paragraph 2(4) of Schedule 19 (ancient monuments), for “the Secretary of State for Digital, Culture, Media and Sport” substitute “the Secretary of State for Culture, Media and Sport”.

(3) In Schedule 33 (protective provisions)—

(a) in Part 2, in paragraph 19(4), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”;

(b) in Part 2, in paragraph 24(7), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”;

(c) in Part 3, in paragraph 32(2), in the definition of “the appropriate Ministers”, for “the Secretary of State for Digital, Culture, Media and Sport” substitute “the Secretary of State for Science, Innovation and Technology”.

High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2)

20.—(1) The High Speed Rail (West Midlands - Crewe) Act 2021 is amended as follows.

(2) In paragraph 2(4) of Schedule 19 (ancient monuments), for “the Secretary of State for Digital, Culture, Media and Sport” substitute “the Secretary of State for Culture, Media and Sport”.

(3) In Schedule 32 (protective provisions)—

(a) in Part 2, in paragraph 19(4), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”;

(b) in Part 3, in paragraph 24(7), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”;

(c) in Part 3, in paragraph 31(4), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”;

(d) in Part 3, in paragraph 32(2), in the definition of “the appropriate Ministers”, for “the Secretary of State for Digital, Culture, Media and Sport” substitute “the Secretary of State for Science, Innovation and Technology”.

National Security and Investment Act 2021 (c. 25)

21.  In section 65 of the National Security and Investment Act 2021 (interpretation), at the appropriate place insert—

““Secretary of State” includes the Chancellor of the Duchy of Lancaster,”.

Police, Crime, Sentencing and Courts Act 2022 (c. 32)

22.  In Part 3 of Schedule 3 to the Police, Crime, Sentencing and Courts Act 2022 (extraction of information from electronic devices; authorised persons in relation to the prevention of crime etc only), for “An officer of the department of the Secretary of State for Business, Energy and Industrial Strategy” substitute—

• “An officer of the department of the Secretary of State for Business and Trade.

• An officer of the department of the Secretary of State for Energy Security and Net Zero.

• An officer of the department of the Secretary of State for Science, Innovation and Technology.”

British Sign Language Act 2022 (c. 34)

23.  In the Schedule to the British Sign Language Act 2022 (relevant government departments)—

(a) in paragraph 3, for “Business, Energy and Industrial Strategy” substitute “Business and Trade”;

(b) in paragraph 4, for “Digital, Culture, Media and Sport” substitute “Culture, Media and Sport”;

(c) after paragraph 5 insert—

“5A.   Department for Energy Security and Net Zero.”;

(d) omit paragraph 7;

(e) after paragraph 8 insert—

“8A.   Department for Science, Innovation and Technology.”

(1)

Paragraph 1 was substituted by S.I. 1986/2239.

(2)

Schedule 2 was substituted by S.I. 2011/2986.

(3)

Section 114A was inserted by the Criminal Justice and Police Act 2001, section 85.

(4)

Paragraph 9ZC was inserted by S.I. 2016/992.

(5)

Subsection (4)(db) was inserted by the Coroners and Justice Act 2009, section 113.

(6)

Subsection (6A) was inserted by the Coroners and Justice Act 2009, section 113.

(7)

Subsection (6C) was inserted by the Coroners and Justice Act 2009, section 113.

(8)

Subsection (2A) was inserted by S.I. 2009/229.

(9)

Subsection (5A) was inserted by S.I. 2009/229.