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The Secretary of State for Justice Order 2007

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7.—(1) This article applies to—

(a)the functions transferred by article 4(1);

(b)the functions transferred by article 4(2);

(c)the function transferred by article 4(3);

(d)the function transferred by article 5(1);

(e)the functions transferred by article 5(2);

(f)anything transferred by article 6(1);

(g)anything transferred by article 6(2);

(h)the functions mentioned in article 6(2)(b);

(i)anything transferred by article 6(3);

(j)the functions that were immediately before 9th May 2007 entrusted to the Secretary of State for Constitutional Affairs and that have been entrusted to the Secretary of State for Justice before the making of this Order.

(2) In this article—

(a)“the transferor” means—

(i)in relation to anything within paragraph (1)(a), (b) or (f), the Secretary of State;

(ii)in relation to anything within paragraph (1)(c), (g) or (h), the Secretary of State for the Home Department;

(iii)in relation to anything within paragraph (1)(d) or (e), the Lord Chancellor;

(iv)in relation to anything within paragraph (1)(i) or (j), the Secretary of State for Constitutional Affairs;

(b)“the transferee” means—

(i)in relation to anything within paragraph (1)(a) or (c), the Lord Chancellor;

(ii)in relation to anything within paragraph (1)(b), (f), (g), (h), (i) or (j), the Secretary of State for Justice;

(iii)in relation to anything within paragraph (1)(d), the Secretary of State;

(iv)in relation to anything within paragraph (1)(e), the Secretary of State for the Home Department.

(3) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to any of the transferors before the coming into force of this Order.

(4) 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 transferor may, so far as it relates to anything to which this article applies, be continued by or in relation to the transferee.

(5) Anything done (or having effect as if done) by or in relation to the transferor in connection with anything to which this article applies 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 transferee.

(6) Documents or forms printed for use in connection with functions to which this article applies may be used in connection with those functions even though they contain, or are to be read as containing, references to the transferor, or to the department or an officer of the transferor; 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 transferee, or to the department or an officer of the transferee (as appropriate).

(7) 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 the transfer or entrusting to the transferee of anything to which this article applies, as if references to (and references which are to be read as references to) the transferor, or to the department or an officer of the transferor, were or included references to the transferee, or to the department or an officer of the transferee (as appropriate).

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