The Secretaries of State for Education and Skills and for Work and Pensions Order 2002

Social security functions

9.—(1) In this article “the social security functions” means the functions which were entrusted to the Secretary of State for Social Security immediately before 7th June 2001 and have, before the making of this Order, been entrusted to the Secretary of State for Work and Pensions.

(2) All property, rights and liabilities to which the Secretary of State for Social Security is entitled or subject at the coming into force of this Order in connection with the social security functions are hereby transferred to the Secretary of State for Work and Pensions.

(3) Any contract, offer, warrant or other thing which—

(a) has been, or has effect as if, made, issued or done by or in relation to the Secretary of State for Social Security in connection with the social security functions or anything transferred by paragraph (2), and

(b) is in force at the coming into force of this Order,

shall have effect as if made, issued or done by or in relation to the Secretary of State for Work and Pensions.

(4) Without prejudice to paragraph (3), anything (including any 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 for Social Security may, so far as it relates to—

(a) any of the social security functions, or

(b) anything to which paragraph (2) or (3) relates,

be continued by or in relation to the Secretary of State for Work and Pensions.

(5) Subject to article 12, any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of the entrusting to the Secretary of State for Work and Pensions of the social security functions, as if any reference to the Secretary of State for Social Security, to the Department of Social Security or to an officer of the Secretary of State for Social Security (including any reference which is to be construed as such a reference) were a reference to the Secretary of State for Work and Pensions, to the Department for Work and Pensions or, as the case may be, to an officer of the Secretary of State for Work and Pensions.

(6) Documents or forms printed for use in connection with any of the social security functions may be used in connection with those functions notwithstanding that they contain, or are to be construed as containing, references to the Secretary of State for Social Security, to the Department of Social Security or to an officer of the Secretary of State for Social Security; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Work and Pensions, to the Department for Work and Pensions or, as the case may be, to an officer of the Secretary of State for Work and Pensions.