The Secretary of State for Communities and Local Government Order 2006

Explanatory Note

(This note is not part of the Order)

This Order in Council makes provision in connection with the office of Secretary of State for Communities and Local Government and for transferring functions, property, rights and liabilities in consequence of ministerial changes.

Article 3 incorporates the Secretary of State for Communities and Local Government as a corporation sole. It also provides for authentication of the corporate seal, the making of instruments by that Secretary of State and related matters.

Article 4(1) transfers functions of the First Secretary of State to the Secretary of State for Communities and Local Government. The functions are those under section 86(6A) of the Transport Act 1962 and sections 228 and 245(1)(b) of the Town and Country Planning Act 1990 and his functions under that Act as “appropriate Minister”. Article 4(2) transfers to the Secretary of State any function of the First Secretary of State by virtue of section 329(5) of the Highways Act 1980.

Articles 5 to 7 provide for the transfer of immovable property of the First Secretary of State, with associated rights and liabilities, and of other property rights and liabilities connected with functions transferred by article 4 or functions which have been entrusted to the Secretary of State for Communities and Local Government.

Article 8 makes supplementary provision for continuity in relation to functions, property, rights or liabilities referred to in articles 4 to 7.

Article 9 and the Schedule amend enactments in consequence of the earlier provisions of this Order.

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