The Lord President of the Council Order 2010

Transfer of functions from the Lord Chancellor to the Lord President

4.—(1) The following functions of the Lord Chancellor are transferred to the Lord President(1)—

(a) functions under section 1(2) of the Chartered Associations (Protection of Names and Uniforms) Act 1926(2);

(b) functions under section 2(4) of the Lieutenancies Act 1997(3);

(c) functions under section 2(2)(b) of the Political Parties, Elections and Referendums Act 2000(4);

(d) any function which arises under a charter which provides for the incorporation or establishment of an organisation or body.

(2) The functions under the Political Parties, Elections and Referendums Act 2000, and any instrument having effect under that Act, that are exercisable concurrently by the Secretary of State and the Lord Chancellor are instead to be exercisable concurrently by the Secretary of State and the Lord President(5).

(3) The functions covered by paragraph (2) include any functions under any provision not yet in force at the time this Order is made (and the reference to the 2000 Act includes a reference to that Act as amended by any provision of an enactment or instrument passed or made before that time even though the amending provision is not yet in force at that time).

(4) There are transferred to the Lord President all property, rights and liabilities to which the Lord Chancellor is entitled or subject at the coming into force of this Order in connection with any function covered by paragraph (1) or (2).

(5) 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 Lord Chancellor may, so far as it relates to any function covered by paragraph (1) or (2) or anything transferred by paragraph (4), be continued by or in relation to the Lord President.

(6) Anything done (or having effect as if done) by or in relation to the Lord Chancellor in connection with any function covered by paragraph (1) or (2) or anything transferred by paragraph (4) 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 Lord President.

(7) Documents or forms printed for use in connection with any function covered by paragraph (1) or (2) may be used in connection with the exercise of that function by the Lord President even though they contain, or are to be read as containing, references to the Lord Chancellor; and for the purposes of the use of any such documents or forms in connection with the exercise of that function by the Lord President, those references are to be read as references to the Lord President.

(8) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as necessary for the purposes of or in consequence of paragraph (1), (2) or (4), as if references to (and references which are to be read as references to) the Lord Chancellor were or included references to the Lord President.

(9) In paragraphs (5) to (8) references to the Lord Chancellor include references to the department or an officer of the Lord Chancellor; and references to the Lord President are to be read as including references to the Cabinet Office or an officer in the Cabinet Office accordingly.

(1)

Provision relating to these functions that is relevant to this Order was made by S.I. 2001/3500, art. 3 and S.I. 2002/2626, art. 11(2).

(2)

1926 c. 26.

(3)

1997 c. 23.

(4)

2000 c. 41.

(5)

Provision relating to these functions that is relevant to this Order was made by S.I. 2002/2626, art. 11(1).