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The Transfer of Functions (Children, Young People and Families) Order 2005

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Explanatory Note

(This note is not part of the Order)

This Order in Council is made under section 1 of the Ministers of the Crown Act 1975.

Article 2 transfers to the Secretary of State functions of the Lord Chancellor under provisions of the Courts Act 2003 relating to inspection of the Children and Family Court Advisory and Support Service. This is with a view to the functions being exercised by the Secretary of State for Education and Skills, and accordingly article 3 transfers to that Secretary of State any property, rights and liabilities to which the Lord Chancellor is entitled or subject in connection with the functions transferred.

Articles 4 and 5 make consequential amendments to the Courts Act 2003.

The relevant provisions of that Act will replace provisions of the Justices of the Peace Act 1997 functions under which were transferred to the Secretary of State by the Transfer of Functions (Children, Young People and Families) Order 2003 (S.I. 2003/3191).

Nothing in this Order alters the functions of the National Assembly for Wales, the Scottish Ministers or the devolved authorities in Northern Ireland.

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