Part 2Arrangements to modify the office of Lord Chancellor
Functions subject to transfer, modification or abolition
20Protected functions not transferable under Ministers of the Crown Act 1975
1
The Ministers of the Crown Act 1975 (c. 26) is amended as follows.
2
In section 1 (power by Order in Council to transfer functions of Ministers), after subsection (5) insert—
6
This section does not apply to the functions of the Lord Chancellor that are within Schedule 7 to the Constitutional Reform Act 2005.
7
An Order in Council under this section may amend Schedule 7 to the Constitutional Reform Act 2005 so as to include any function which, by virtue of provision in the Order in Council—
a
is transferred to the Lord Chancellor,
b
becomes exercisable by the Lord Chancellor concurrently with another person, or
c
remains exercisable by the Lord Chancellor but ceases to be exercisable concurrently with another person.
8
An Order in Council under this section may not, to the extent that it amends Schedule 7 to the Constitutional Reform Act 2005, be revoked by another Order in Council under this section.
3
After section 5(3) (Orders under Act to be revocable) insert—
3A
Subsection (3) is subject to section 1(8).