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The Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001

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Explanatory Note

(This note is not part of the Order)

This Order in Council, made under the Ministers of the Crown Act 1975, incorporates the Secretary of State for Transport, Local Government and the Regions and the Secretary of State for Environment, Food and Rural Affairs as corporations sole (articles 3 and 4). Those articles also provide for the authentication of the corporate seals, the making of instruments by those Secretaries of State and related matters.

Article 5 transfers to the Secretary of State for Transport, Local Government and the Regions and the Secretary of State for Environment, Food and Rural Affairs, acting jointly, the functions of the Secretary of State under section 29(4) of, and paragraph 2 of Schedule 3 to, the Channel Tunnel Rail Link Act 1996.

Article 6 transfers to the Secretary of State the functions of the Secretary of State for the Environment, Transport and the Regions under section 7(6) of the Road Traffic Regulation Act 1984 and section 35(3)(a) of the Land Drainage Act 1991.

Article 7 transfers to the Secretary of State for Transport, Local Government and the Regions the functions of the Secretary of State for the Environment, Transport and the Regions (other than the functions transferred by article 6).

Article 8 transfers to the Secretary of State for Transport, Local Government and the Regions all immovable property in the United Kingdom held by the Secretary of State for the Environment, Transport and the Regions.

Article 9 transfers to the Secretary of State for Transport, Local Government and the Regions property (other than immovable property), rights and liabilities of the Secretary of State for the Environment, Transport and the Regions, other than those transferred by article 11 (to the Secretary of State for Environment, Food and Rural Affairs) or 13 (to the Secretary of State for Trade and Industry).

Article 10 makes supplementary provision for continuity in relation to the exercise of functions transferred by articles 7 to 9.

Article 11 transfers to the Secretary of State for Environment, Food and Rural Affairs property (other than immovable property), rights and liabilities associated with the function transferred by article 6(2) and other functions, formerly entrusted to the Secretary of State for the Environment, Transport and the Regions, which have, before the making of this Order, been entrusted to the Secretary of State for Environment, Food and Rural Affairs. Those other functions relate to the environment, wildlife and the countryside.

Article 12 makes supplementary provision for continuity in relation to the exercise of the functions transferred by articles 6(2) and 11, and the property, rights and liabilities transferred by article 11 to the Secretary of State for Environment, Food and Rural Affairs.

Article 13 transfers to the Secretary of State for Trade and Industry property (other than immovable property), rights and liabilities, associated with functions formerly entrusted to the Secretary of State for the Environment, Transport and the Regions, which have, before the making of this Order, been entrusted to the Secretary of State for Trade and Industry. Those functions relate to sponsorship of Regional Development Agencies and the construction industry.

Article 14 makes supplementary provision for continuity in relation to the exercise of the functions to which article 13 applies, and the property, rights and liabilities transferred by that article to the Secretary of State for Trade and Industry.

Article 15 makes special provision for immovable property outside the United Kingdom.

Article 16 and the Schedule amend enactments consequential on the transfers effected by the Order.

Nothing in this Order alters the functions of the National Assembly for Wales.

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