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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
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- UK Statutory Instruments
- 2023 No. 424
- Article 16
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16.—(1) There are transferred to the Chancellor of the Duchy of Lancaster all property, rights and liabilities to which the Secretary of State is entitled or subject at the coming into force of this Order in connection with any NSI function.
(2) 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 Secretary of State may, so far as it relates to an NSI function or anything transferred by paragraph (1), be continued by or in relation to the Chancellor of the Duchy of Lancaster.
(3) Anything done (or having effect as if done) by or in relation to the Secretary of State in connection with an NSI function or anything transferred by paragraph (1) 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 Chancellor of the Duchy of Lancaster.
(4) Documents or forms printed for use in connection with an NSI function may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State; and for the purposes of the use of any such documents or forms after the coming into force of this Order in connection with the exercise of an NSI function by the Chancellor of the Duchy of Lancaster, those references are to be read as references to the Chancellor of the Duchy of Lancaster.
(5) 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—
(a)article 15 (functions of the Secretary of State under National Security and Investment Act 2021 and enforcement functions under Enterprise Act 2002 to be exercisable concurrently with the Chancellor of the Duchy of Lancaster), or
(b)the transfer of anything by paragraph (1),
as if references to (and references which are to be read as references to) the Secretary of State were or included references to the Chancellor of the Duchy of Lancaster.
(a)references to the Secretary of State include the department or an officer of the Secretary of State; and
(b)references to the Chancellor of the Duchy of Lancaster include references to the Cabinet Office or an officer in that Office accordingly.
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