The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020

Article 9

SCHEDULE CONSEQUENTIAL AMENDMENTS

PART 1 Primary Legislation

Sheriff Courts (Scotland) Act 1907 (c. 51)

1.  In Rule 5.5 of Schedule 1 to the Sheriff Courts (Scotland) Act 1907(1) (service on persons furth of Scotland), in paragraphs (1)(b)(iii)(2) and (3)(a)(3), for “the Secretary of State for Foreign and Commonwealth Affairs” substitute “the Secretary of State for Foreign, Commonwealth and Development Affairs”.

Imperial War Museum Act 1920 (c. 16)

2.  In paragraph (1) of the Schedule to the Imperial War Museum Act 1920(4) (Board of Trustees), in the Table, for “The Secretary of State for Foreign and Commonwealth Affairs” substitute “The Secretary of State for Foreign, Commonwealth and Development Affairs”.

Aliens’ Employment Act 1955 (c. 18)

3.  In section 1(7)(a) of the Aliens’ Employment Act 1955(5) (provision for civil employment of aliens: reserved posts), for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”.

Parliamentary Commissioner Act 1967 (c. 13)

4.  In Schedule 2 to the Parliamentary Commissioner Act 1967(6) (departments etc subject to investigation)—

(a) omit “Department for International Development.”, and

(b) for “Foreign and Commonwealth Office.” substitute “Foreign, Commonwealth and Development Office.”.

State Immunity Act 1978 (c. 33)

5.  In section 12 of the State Immunity Act 1978 (service of process and judgments in default of appearance), in subsections (1) and (5), for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”.

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

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

(a) omit “Department for International Development”, and

(b) for “Foreign and Commonwealth Office” substitute “Foreign, Commonwealth and Development Office”.

PART 2 Secondary Legislation

State Immunity (Overseas Territories) Order 1979 (S.I. 1979/458)

7.  In paragraph 3 of Schedule 2 to the State Immunity (Overseas Territories) Order 1979 (modifications to section 12 of the State Immunity Act 1978 in relation to certain territories), for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”.

Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. 1980 No. 346)

8.—(1) The Rules of the Court of Judicature (Northern Ireland) 1980(7) are amended as follows.

(2) In Order 11, rule 6(8) (service of notice of writ abroad), for “the Foreign Office” substitute “the Foreign, Commonwealth and Development Office”.

(3) In Order 13, rule 7A(2)(c)(8) (judgment against a State in default of appearance to writ), for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”.

(4) In Order 69, rule 2(a)(9) (applications for service of foreign process), for “Her Majesty’s Principal Secretary of State for Foreign and Commonwealth Affairs” substitute “the Secretary of State for Foreign, Commonwealth and Development Affairs”.

(5) In Order 70, rule 1(1) (obtaining evidence for foreign courts, etc: interpretation), in the definition of “The Secretary of State”, for “Her Majesty’s Principal Secretary of State for Foreign and Commonwealth Affairs” substitute “the Secretary of State for Foreign, Commonwealth and Development Affairs”.

County Court Rules (Northern Ireland) 1981 (S.R. 1981 No. 225)

9.  In Order 12, rule 8(2)(c) of the County Court Rules (Northern Ireland) 1981(10) (judgment against a State in default of notice of intention to defend), for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”.

Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443 (S. 69))

10.  In the following provisions of rule 16.2 of Schedule 2 to the Act of Sederunt (Rules of the Court of Session 1994) 1994 (service furth of the United Kingdom), for “the Secretary of State for Foreign and Commonwealth Affairs” substitute “the Secretary of State for Foreign, Commonwealth and Development Affairs”—

(a) paragraph (2)(c),

(b) the opening words of paragraph (3A)(11), and

(c) paragraph (3A)(a).

Antarctic Regulations 1995 (S.I. 1995/490)

11.  In the following provisions of the Antarctic Regulations 1995, for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”—

(a) regulation 4(2)(12) (notice of applications for permits under Antarctic Act 1994 to be published on Foreign and Commonwealth Office website), and

(b) regulation 6(5)(13) (information relating to Comprehensive Environmental Evaluation to be published on Foreign and Commonwealth Office website).

Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513 (S. 47))

12.  In rule 23.4(1) of Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (transmission of letters of request), for “the Secretary of State for Foreign and Commonwealth Affairs” substitute “the Secretary of State for Foreign, Commonwealth and Development Affairs”.

Civil Procedure Rules 1998 (S.I. 1998/3132)

13.—(1) The Civil Procedure Rules 1998 are amended as follows.

(2) In the following provisions of Part 6(14), for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”—

(a) rule 6.43(4)(b)(15) (service through foreign governments, judicial authorities and British consular authorities),

(b) rule 6.44(3)(a), (4), (5) and (7)(b)(16) (service of claim form or other document on a State), and

(c) rule 6.46(a) and (b) (undertaking to be responsible for expenses).

(3) In rule 6.50(a)(ii) (request for service), for “the Secretary of State for Foreign and Commonwealth Affairs” substitute “the Secretary of State for Foreign, Commonwealth and Development Affairs”.

Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (S.I. 1999/929 (S. 65))

14.  In rule 2.12 of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (service on persons furth of Scotland), in paragraphs (1)(b)(iii) and (3)(a)(17), for “the Secretary of State for Foreign and Commonwealth Affairs” substitute “the Secretary of State for Foreign, Commonwealth and Development Affairs”.

Act of Sederunt (Summary Cause Rules) 2002 (S.S.I. 2002/132)

15.  In rule 5.7 of the Act of Sederunt (Summary Cause Rules) 2002, in paragraphs (3)(b) and (8)(a)(18), for “the Secretary of State for Foreign and Commonwealth Affairs” substitute “the Secretary of State for Foreign, Commonwealth and Development Affairs”.

Damages (Government and Health Service Bodies) Order 2005 (S.I. 2005/474)

16.  In Part 1 of the Schedule to the Damages (Government and Health Service Bodies) Order 2005 (government bodies designated for the purposes of the Damages Act 1996)—

(a) for “Foreign and Commonwealth Office” substitute “Foreign, Commonwealth and Development Office”, and

(b) omit “Department for International Development”.

FCO Services Trading Fund Order 2008 (S.I. 2008/590)

17.—(1) The FCO Services Trading Fund Order 2008 is amended as follows.

(2) In article 2 (establishment of the fund)—

(a) in paragraph (1)—

(i) for “the FCO Services Trading Fund” substitute “the FCDO Services Trading Fund”,

(ii) for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”, and

(iii) for “FCO services” substitute “FCDO Services”, and

(b) in paragraph (2), for “FCO services” substitute “FCDO Services”.

(3) In article 3 (source of loans), for “The Secretary of State for Foreign and Commonwealth Affairs” substitute “The Secretary of State for Foreign, Commonwealth and Development Affairs”.

(4) In Schedule 1 (funded operations)—

(a) for “FCO services” substitute “FCDO Services”, and

(b) for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”.

Family Procedure Rules 2010 (S.I. 2010/2955 (L. 17))

18.  In the following provisions of the Family Procedure Rules 2010, for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”—

(a) rule 6.46(4)(b) (service through foreign governments, judicial authorities and British consular authorities), and

(b) rule 6.48(a) and (b) and the heading of that rule (undertaking to be responsible for expenses of Foreign and Commonwealth Office).

Consular Fees Order 2012 (S.I. 2012/798)

19.  In Part 1 of Schedule 1(19) to the Consular Fees Order 2012 (table of general consular fees), in row 17 (legal proceedings), column 2, for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”.

Kimberley Process (Fees) Regulations 2014 (S.I. 2014/1684)

20.  In regulation 2(1) of the Kimberley Process (Fees) Regulations 2014 (interpretation), in the definition of “Department”, for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”.

Referral of Proposed Marriages and Civil Partnerships Regulations 2015 (S.I. 2015/123)

21.  In Schedule 1 to the Referral of Proposed Marriages and Civil Partnerships Regulations 2015 (evidence of particular immigration status), in the Table in paragraph 2(1), for “the Foreign and Commonwealth Office” in each place those words occur substitute “the Foreign, Commonwealth and Development Office”.

Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015 (S.I. 2015/397)

22.  In the following provisions of the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015, for “Foreign and Commonwealth Office” substitute “Foreign, Commonwealth and Development Office”—

(a) in regulation 2(1) (interpretation), the definition of “Home Office premises”,

(b) regulation 5(2)(c) (arranging an interview), and

(c) regulation 13(1)(b) (further provision about electronic documents).

Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015 (S.I. 2015/404)

23.  In Schedule 1 to the Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015 (evidence of particular immigration status), in the Table in paragraph 2(1), for “the Foreign and Commonwealth Office” in each place those words occur substitute “the Foreign, Commonwealth and Development Office”.

Police Pensions Regulations 2015 (S.I. 2015/445)

24.—(1) The Police Pensions Regulations 2015 are amended as follows.

(2) In regulation 7 (police pension authority), in column 2 of the entry in the table beginning “A person in service as an officer”, omit “or the Secretary of State for International Development”.

(3) In regulation 13(3) (scheme managers who must identify a Police Pension Board to assist them), omit sub-paragraph (f).

(4) In regulation 210(2) (pension supervising authority), in column 2 of the entry in the table beginning “A person in service as an officer”, omit “or the Secretary of State for International Development”.

Act of Sederunt (Simple Procedure) 2016 (S.S.I. 2016/200)

25.  In the following provisions of Schedule 1 to the Act of Sederunt (Simple Procedure) 2016 (the simple procedure rules), for “the Secretary of State for Foreign and Commonwealth Affairs” substitute “the Secretary of State for Foreign, Commonwealth and Development Affairs”—

(a) rule 19.4(5) and (8) (service on someone who lives in an EU member state), and

(b) rule 19.5(4) and (8) (service on someone who lives in a Hague Convention country).

Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016 (S.S.I. 2016/313)

26.  In paragraph 8(3) of Schedule 3 to the Act of Sederunt (Sheriff Court Bankruptcy Rules) 2016 (consular service), for “the Secretary of State for Foreign and Commonwealth Affairs” substitute “the Secretary of State for Foreign, Commonwealth and Development Affairs”.

Act of Sederunt (Fatal Accident Inquiry Rules) 2017 (S.S.I. 2017/103)

27.  In paragraph 15(3) of Schedule 2 to the Act of Sederunt (Fatal Accident Inquiry Rules) 2017 (consular service), for “the Secretary of State for Foreign and Commonwealth Affairs” substitute “the Secretary of State for Foreign, Commonwealth and Development Affairs”.

Court of Protection Rules 2017 (S.I. 2017/1035 (L. 16))

28.  In the following provisions of the Court of Protection Rules 2017, for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”—

(a) rule 6.17(4)(b) (procedure where service is to be through foreign governments, judicial authorities and British consular authorities), and

(b) rule 6.19(a) and (b) and the heading of that rule (undertaking to be responsible for expenses of Foreign and Commonwealth Office).

Immigration and Nationality (Fees) Regulations 2018 (S.I. 2018/330)

29.  In Schedule 1 to the Immigration and Nationality (Fees) Regulations 2018 (applications for entry clearance to enter, and leave to enter, the United Kingdom), in paragraph 2, in Table 5, for “Foreign and Commonwealth Office” in each place those words occur substitute “Foreign, Commonwealth and Development Office”.

Sanctions Review Procedure (EU Exit) Regulations 2018 (S.I. 2018/1269)

30.  In regulation 5 of the Sanctions Review Procedure (EU Exit) Regulations 2018 (submission of request)—

(a) in paragraph (1), for “[e-mail]” substitute “[e-mail]”, and

(b) in paragraph (2), for “Foreign and Commonwealth Office” substitute “Foreign, Commonwealth and Development Office”.

Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2020 (S.I. 2020/251)

31.  In the Schedule to the Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2020 (designated bodies)—

(a) in the heading to Part 3, for “Foreign and Commonwealth Office” substitute “Foreign, Commonwealth and Development Office”, and

(b) in the heading to Part 4, for “Department for International Development” substitute “Foreign, Commonwealth and Development Office”.

Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (S.I. 2020/568)

32.  In Part 1 of Schedule 2 to the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 (persons not required to comply with regulation 3 or 4), in paragraph 1(2)(a) and (b), for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”.

Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 (S.I. 2020/574 (W. 132))

33.  In Part 1 of Schedule 2 to the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020 (persons not required to comply with regulation 4, 5, 7 or 8), in paragraph 1(2)(a) and (b), for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”.

Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (S.S.I. 2020/169)

34.  In Part 1 of Schedule 2 to the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020 (persons not required to comply with regulation 3 or 6), in paragraph 1(2)(a) and (b), for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”.

Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020 (S.R. 2020 No. 90)

35.  In Part 1 of Schedule 2 to the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020 (persons not required to comply with regulation 3 or 4), in paragraph 1(2)(a) and (b), for “the Foreign and Commonwealth Office” substitute “the Foreign, Commonwealth and Development Office”.

(1)

Schedule 1 was substituted by S.I. 1993/1956 (S. 223).

(2)

Rule 5.5(1)(b)(iii) was amended by S.I. 1996/2445 (S. 190).

(3)

Rule 5.5(3)(a) was amended by S.S.I. 2011/193.

(4)

Paragraph (1) was substituted by S.I. 1986/2239. Other amendments have been made to paragraph (1) which are not relevant to this Order.

(5)

Section 1(7) was inserted by S.I. 2007/617.

(6)

Schedule 2 was substituted by S.I. 2011/2986. Other amendments have been made to Schedule 2 which are not relevant to this Order.

(7)

The Rules of the Supreme Court (Northern Ireland) 1980 were renamed as the Rules of the Court of Judicature (Northern Ireland) 1980 by paragraph 3(3) and (4) of Part 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4).

(8)

Rule 7A was inserted by S.R. 1982 No. 217.

(9)

Order 69 was substituted by S.R. 1982 No. 217.

(10)

Order 12 was substituted by S.R. 1995 No. 151. Other amendments have been made to Order 12 which are not relevant to this Order.

(11)

Rule 16.2(3A) was inserted by S.S.I. 2011/190.

(12)

Regulation 4(2) was substituted by S.I. 2008/3066.

(13)

Regulation 6(5) was amended by S.I. 2008/3066.

(14)

Rules 6.43, 6.44, 6.46 and 6.50 in Part 6 were substituted by S.I. 2008/2178.

(15)

Rule 6.43(4) was amended by S.I. 2011/88.

(16)

In rule 6.44, paragraphs (3) and (5) were amended by S.I. 2011/88.

(17)

Rule 2.12(3)(a) was amended by S.S.I. 2011/193.

(18)

Rule 5.7(8)(a) was amended by S.S.I. 2011/193.

(19)

Schedule 1 was substituted by S.I. 2016/373.