The Transfer of Functions (National Heritage) Order 1992

Supplementary

12.—(1) In the Parliamentary Commissioner Act 1967(1), in Schedule 2 (departments etc. subject to investigation)—

(a) there shall be inserted at the appropriate place in the list “Department of National Heritage”; and

(b) in Note 5 to that list the words “includes the Office of Arts and Libraries but” shall be omitted.

(2) The consequential amendments specified in Schedule 2 to this Order shall have effect.

(3) In the 1986 Order, in Article 6, paragraph (2) (manner in which section 2(2) of the Public Libraries and Museums Act 1964(2) is to be construed) is revoked.

(4) Subject to any express amendment made by this Order, any enactment or instrument passed or made before the commencement date shall have effect so far as necessary for the purpose or in consequence of any transfers effected by this Order as if any reference to any of the transferor Ministers or any officer or Department of theirs (including any reference which is to be construed as such a reference) were a reference to the Secretary of State, the Secretary of State for National Heritage, an officer of his or to the Department of National Heritage, as the context may require.

(5) This Order shall not affect the validity of anything done by or in relation to any of the transferor Ministers before the commencement date; and anything (including legal proceedings) which at that date is in process of being done by or in relation to any of those Ministers may, if it relates to any function, property, rights or liabilities transferred by this Order or to any of the newly entrusted functions, be continued by or in relation to the Secretary of State for National Heritage.

(6) Anything done (or having effect as if done) by any of the transferor Ministers for the purpose of or in connection with anything transferred by this Order or any of the newly entrusted functions which is in force at the commencement date shall have effect, so far as required for continuing its effect after that date, as if done by the Secretary of State for National Heritage.

(7) Documents or forms produced for use in connection with any function transferred by this Order or any of the newly entrusted functions may be used even though they contain references to any of the transferor Ministers or to any of the Ministers to whom any of the newly entrusted functions were previously entrusted or to any officer or Department of theirs and those references shall be construed so far as necessary as references to the Secretary of State for National Heritage or any officer or Department of his.

(8) In this Order—

(a) “the transferor Ministers” means any Minister of the Crown from whom any functions or any property, rights and liabilities are transferred by virtue of any provision of this Order;

(b) “the newly entrusted functions” means the former DOE heritage functions, the film industry functions, the tourism functions, the broadcasting functions and the sports grounds functions.

(1)

1967 c. 13; Schedule 2 was substituted by the Parliamentary and Health Service Commissioners Act 1987 (c. 39), Schedule 1.

(2)

1964 c. 75.