Statutory Instruments
ministers of the crown
Made
14th November 2007
Laid before Parliament
21st November 2007
Coming into force
12th December 2007
At the Court at Buckingham Palace, the 14th day of November 2007
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred by sections 1 and 2 of the Ministers of the Crown Act 1975(1), is pleased, by and with the advice of Her Privy Council, to order as follows:
1.—(1) This Order may be cited as the Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007.
(2) This Order comes into force on 12th December 2007.
2.—(1) In this Order “instrument” includes, in particular, Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.
(2) In this Order a reference to a function of a Minister is to be read, in the case of a function which is exercisable by the Minister jointly with another person or is otherwise shared by the Minister, as a reference to the Minister’s share of that function.
3.—(1) The person who at the coming into force of this Order is the Secretary of State for Children, Schools and Families and any successor to that person is by that name a corporation sole.
(2) The corporate seal of the Secretary of State for Children, Schools and Families—
(a)is to be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and
(b)is to be officially and judicially noticed.
(3) Every document purporting to be an instrument made or issued by the Secretary of State for Children, Schools and Families and to be—
(a)sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2), or
(b)signed or executed by a person authorised by a Secretary of State to act in that behalf,
is to be received in evidence and to be deemed to be so made or issued without further proof, unless the contrary is shown.
(4) A certificate signed by the Secretary of State for Children, Schools and Families that an instrument purporting to be made or issued by—
(a)the Secretary of State for Children, Schools and Families, or
(b)the Secretary of State for Education and Skills,
was so made or issued is conclusive evidence of that fact.
(5) The Documentary Evidence Act 1868(2) applies in relation to the Secretary of State for Children, Schools and Families—
(a)as if references to regulations and orders included references to any document, and
(b)as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.
4.—(1) The person who at the coming into force of this Order is the Secretary of State for Innovation, Universities and Skills and any successor to that person is by that name a corporation sole.
(2) The corporate seal of the Secretary of State for Innovation, Universities and Skills—
(a)is to be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and
(b)is to be officially and judicially noticed.
(3) Every document purporting to be an instrument made or issued by the Secretary of State for Innovation, Universities and Skills and to be—
(a)sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2), or
(b)signed or executed by a person authorised by a Secretary of State to act in that behalf,
is to be received in evidence and to be deemed to be so made or issued without further proof, unless the contrary is shown.
(4) A certificate signed by the Secretary of State for Innovation, Universities and Skills that an instrument purporting to be made or issued by—
(a)the Secretary of State for Innovation, Universities and Skills,
(b)the Secretary of State for Education and Skills, or
(c)the Secretary of State for Trade and Industry,
was so made or issued is conclusive evidence of that fact.
(5) The Documentary Evidence Act 1868 applies in relation to the Secretary of State for Innovation, Universities and Skills—
(a)as if references to regulations and orders included references to any document, and
(b)as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.
5.—(1) The person who at the coming into force of this Order is the Secretary of State for Business, Enterprise and Regulatory Reform and any successor to that person is by that name a corporation sole.
(2) The corporate seal of the Secretary of State for Business, Enterprise and Regulatory Reform—
(a)is to be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and
(b)is to be officially and judicially noticed.
(3) Every document purporting to be an instrument made or issued by the Secretary of State for Business, Enterprise and Regulatory Reform and to be—
(a)sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2), or
(b)signed or executed by a person authorised by a Secretary of State to act in that behalf,
is to be received in evidence and to be deemed to be so made or issued without further proof, unless the contrary is shown.
(4) A certificate signed by the Secretary of State for Business, Enterprise and Regulatory Reform that an instrument purporting to be made or issued by—
(a)the Secretary of State for Business, Enterprise and Regulatory Reform, or
(b)the Secretary of State for Trade and Industry,
was so made or issued is conclusive evidence of that fact.
(5) The Documentary Evidence Act 1868 applies in relation to the Secretary of State for Business, Enterprise and Regulatory Reform—
(a)as if references to regulations and orders included references to any document, and
(b)as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.
6. The functions of the Secretary of State for Education and Skills (except so far as transferred by article 8(2)(a)) are transferred to the Secretary of State for Children, Schools and Families.
7.—(1) For the purposes of this article a function is a relevant function so far as—
(a)it is transferred by article 6, or
(b)it is within paragraph (2).
(2) A function is within this paragraph if—
(a)immediately before 28th June 2007 it was entrusted to the Secretary of State for Education and Skills, and
(b)before the making of this Order it has been entrusted to the Secretary of State for Children, Schools and Families.
(3) There are transferred to the Secretary of State for Children, Schools and Families all property, rights and liabilities to which the Secretary of State for Education and Skills is entitled or subject at the coming into force of this Order in connection with any relevant function.
(4) Anything (including 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 Education and Skills may, so far as it relates to a relevant function or anything transferred by paragraph (3), be continued by or in relation to the Secretary of State for Children, Schools and Families.
(5) Anything done (or having effect as if done) by or in relation to the Secretary of State for Education and Skills in connection with a relevant function or anything transferred by paragraph (3) has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Children, Schools and Families.
(6) Documents or forms printed for use in connection with a relevant function may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for Education and Skills; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Children, Schools and Families.
(7) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of—
(a)the transfer or entrusting to the Secretary of State for Children, Schools and Families of any relevant function, or
(b)the transfer of anything by paragraph (3),
as if references to (and references which are to be read as references to) the Secretary of State for Education and Skills were or included references to the Secretary of State for Children, Schools and Families.
(8) In paragraphs (4) to (7) references to the Secretary of State for Education and Skills include references to the department or an officer of the Secretary of State for Education and Skills; and references to the Secretary of State for Children, Schools and Families are to be read accordingly.
8.—(1) For the purposes of this article a function is a relevant function so far as—
(a)immediately before 28th June 2007 it was entrusted to the Secretary of State for Education and Skills, and
(b)before the making of this Order it has been entrusted to the Secretary of State for Innovation, Universities and Skills.
(2) There are transferred to the Secretary of State for Innovation, Universities and Skills—
(a)any function of the Secretary of State for Education and Skills so far as it relates to a relevant function, and
(b)all property, rights and liabilities to which the Secretary of State for Education and Skills is entitled or subject at the coming into force of this Order in connection with any relevant function or a function so far as transferred by sub-paragraph (a).
(3) Anything (including 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 Education and Skills may, so far as it relates to a relevant function or anything transferred by paragraph (2), be continued by or in relation to the Secretary of State for Innovation, Universities and Skills.
(4) Anything done (or having effect as if done) by or in relation to the Secretary of State for Education and Skills in connection with a relevant function or anything transferred by paragraph (2) has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Innovation, Universities and Skills.
(5) Documents or forms printed for use in connection with a relevant function or a function so far as transferred by paragraph (2)(a) may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for Education and Skills; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Innovation, Universities and Skills.
(6) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of—
(a)the entrusting to the Secretary of State for Innovation, Universities and Skills of any relevant function, or
(b)the transfer of anything by paragraph (2),
as if references to (and references which are to be read as references to) the Secretary of State for Education and Skills were or included references to the Secretary of State for Innovation, Universities and Skills.
(7) In paragraphs (3) to (6) references to the Secretary of State for Education and Skills include references to the department or an officer of the Secretary of State for Education and Skills; and references to the Secretary of State for Innovation, Universities and Skills are to be read accordingly.
9. The following functions of the Secretary of State for Trade and Industry are transferred to the Secretary of State for Innovation, Universities and Skills—
(a)functions resulting from the Royal Charter (including any Supplemental Charter) of any of the following—
(i)the Biotechnology and Biological Sciences Research Council,
(ii)the Economic and Social Research Council,
(iii)the Engineering and Physical Sciences Research Council,
(iv)the Medical Research Council,
(v)the Natural Environment Research Council,
(vi)the Council for the Central Laboratory of the Research Councils,
(vii)the Arts and Humanities Research Council,
(viii)the Science and Technology Facilities Council, and
(ix)the Technology Strategy Board, and
(b)functions resulting from the Patent Office Trading Fund Order 1991(3).
10.—(1) For the purposes of this article a function is a relevant function so far as—
(a)it is transferred by article 9, or
(b)it is within paragraph (2).
(2) A function is within this paragraph if—
(a)immediately before 28th June 2007 it was entrusted to the Secretary of State for Trade and Industry, and
(b)before the making of this Order it has been entrusted to the Secretary of State for Innovation, Universities and Skills.
(3) There are transferred to the Secretary of State for Innovation, Universities and Skills—
(a)any function of the Secretary of State for Trade and Industry so far as it relates to a function within paragraph (2) (and is not transferred by article 9), and
(b)all property, rights and liabilities to which the Secretary of State for Trade and Industry is entitled or subject at the coming into force of this Order in connection with any relevant function or a function so far as transferred by sub-paragraph (a).
(4) Anything (including 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 Trade and Industry may, so far as it relates to a relevant function or anything transferred by paragraph (3), be continued by or in relation to the Secretary of State for Innovation, Universities and Skills.
(5) Anything done (or having effect as if done) by or in relation to the Secretary of State for Trade and Industry in connection with a relevant function or anything transferred by paragraph (3) has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Innovation, Universities and Skills.
(6) Documents or forms printed for use in connection with a relevant function or a function so far as transferred by paragraph (3)(a) may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for Trade and Industry; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Innovation, Universities and Skills.
(7) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of—
(a)the transfer or entrusting to the Secretary of State for Innovation, Universities and Skills of any relevant function, or
(b)the transfer of anything by paragraph (3),
as if references to (and references which are to be read as references to) the Secretary of State for Trade and Industry were or included references to the Secretary of State for Innovation, Universities and Skills.
(8) In paragraphs (4) to (7) references to the Secretary of State for Trade and Industry include references to the department or an officer of the Secretary of State for Trade and Industry; and references to the Secretary of State for Innovation, Universities and Skills are to be read accordingly.
11. The functions of the Secretary of State for Trade and Industry (except so far as transferred by article 9, 10(3)(a) or 14) are transferred to the Secretary of State for Business, Enterprise and Regulatory Reform.
12.—(1) For the purposes of this article a function is a relevant function so far as—
(a)it is transferred by article 11, or
(b)it is within paragraph (2).
(2) A function is within this paragraph if—
(a)immediately before 28th June 2007 it was entrusted to the Secretary of State for Trade and Industry, and
(b)before the making of this Order it has been entrusted to the Secretary of State for Business, Enterprise and Regulatory Reform.
(3) There are transferred to the Secretary of State for Business, Enterprise and Regulatory Reform all property, rights and liabilities to which the Secretary of State for Trade and Industry is entitled or subject at the coming into force of this Order in connection with any relevant function.
(4) Anything (including 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 Trade and Industry may, so far as it relates to a relevant function or anything transferred by paragraph (3), be continued by or in relation to the Secretary of State for Business, Enterprise and Regulatory Reform.
(5) Anything done (or having effect as if done) by or in relation to the Secretary of State for Trade and Industry in connection with a relevant function or anything transferred by paragraph (3) has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Business, Enterprise and Regulatory Reform.
(6) Documents or forms printed for use in connection with a relevant function may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for Trade and Industry; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Business, Enterprise and Regulatory Reform.
(7) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of—
(a)the transfer or entrusting to the Secretary of State for Business, Enterprise and Regulatory Reform of any relevant function, or
(b)the transfer of anything by paragraph (3),
as if references to (and references which are to be read as references to) the Secretary of State for Trade and Industry were or included references to the Secretary of State for Business, Enterprise and Regulatory Reform.
(8) In paragraphs (4) to (7) references to the Secretary of State for Trade and Industry include references to the department or an officer of the Secretary of State for Trade and Industry; and references to the Secretary of State for Business, Enterprise and Regulatory Reform are to be read accordingly.
13.—(1) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State for Education and Skills or the Secretary of State for Trade and Industry before the coming into force of this Order.
(2) In paragraph (1) a reference to a Secretary of State includes a reference to the department or an officer of that Secretary of State.
14. The function of making an order under section 3 of the Fairs Act 1871(4) is transferred to the Secretary of State; and that section and section 4 of that Act are to be read accordingly.
15. The primary and secondary legislation referred to in the headings in Parts 1 and 2 of the Schedule is amended as set out under the headings.
Judith Simpson
Clerk of the Privy Council
Article 15
1. In Schedule 2(5)—
(a)omit “Department for Education and Skills” and “Department of Trade and Industry”, and
(b)in the appropriate places insert “Department for Business, Enterprise and Regulatory Reform”, “Department for Children, Schools and Families” and “Department for Innovation, Universities and Skills”.
2.—(1) In section 6(3) for “the Standards, Weights and Measures Division of the Department of Trade and Industry” substitute “the National Weights and Measures Laboratory of the Department for Innovation, Universities and Skills”.
(2) In section 8(2)(d) for “the Department of Trade and Industry” substitute “the Department for Innovation, Universities and Skills”.
3. In section 114A(2)(a)(6) for “the Secretary of State for Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”.
4.—(1) In section 3(1) and (5) for “Department of Trade and Industry standards” substitute “Department for Innovation, Universities and Skills standards”.
(2) In section 94(1)(7) for the definition of “Department of Trade and Industry standards” substitute—
““Department for Innovation, Universities and Skills standards” means the secondary, tertiary and coinage standards maintained by the Secretary of State under section 3 above;”.
(3) In paragraph (e) of Part 5 of Schedule 2 for “the Department of Trade and Industry” substitute “the Department for Innovation, Universities and Skills”.
5. In section 23(10)(8), in both places where it appears, for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
6. In the following provisions for “the Secretary of State for Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”—
(a)section 50(5)(b)(9),
(b)paragraph 13(10) of Schedule 14, and
(c)paragraph 2(4)(11) of Part 2 of Schedule 15.
7. In paragraph 9 of Schedule 5(12) for “the Department for Education and Skills” substitute “the Department for Children, Schools and Families”.
8. In paragraphs 9(8)(b) and 11(10)(b) of Schedule 6 for “the Secretary of State for Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”.
9. In Schedule 1(13)—
(a)before paragraph 9A insert—
“9ZA. The Department for Business, Enterprise and Regulatory Reform.”, and
(b)omit the entry for the Department of Trade and Industry.
10. In Schedule 9(14)—
(a)before paragraph 1ZA insert—
“1XA. The Department for Business, Enterprise and Regulatory Reform.
1YA. The Department for Children, Schools and Families.”,
(b)omit paragraphs 2 and 4, and
(c)after paragraph 3 insert—
“3A. The Department for Innovation, Universities and Skills.”
11. In paragraph 34(15) of Part 2 of Schedule 1 for “the Department for Education and Skills” substitute “the Department for Children, Schools and Families”.
12. In column (2) of the Schedule(16)—
(a)where it appears first, for “Department for Education and Skills” substitute “Department for Innovation, Universities and Skills”, and
(b)where it appears second, for “Department for Education and Skills” substitute “Department for Children, Schools and Families”.
13. In article 3(2) for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
14. In rule 13.13(2) for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
15. In rule 55(i) for “the Department of Trade” substitute “the Department for Business, Enterprise and Regulatory Reform”.
16.—(1) At the end of article 3 insert—
“From the coming into force of the Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007, the fund is to be for the operations of that part of the Department for Business, Enterprise and Regulatory Reform known as the Companies House Executive Agency so far as those operations correspond to those described in Schedule 1 to this Order.”
(2) In article 4 after “Secretary of State” insert “for Business, Enterprise and Regulatory Reform”.
17.—(1) At the end of article 2 insert—
“From the coming into force of the Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007, the fund is to be for the operations of that part of the Department for Innovation, Universities and Skills known as the Patent Office so far as those operations correspond to those described in Schedule 1 to this Order.”
(2) In article 3 after “Secretary of State” insert “for Innovation, Universities and Skills”.
18. In regulation 4(a), (c) and (d) for “the Secretary of State for Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”.
19. In the Schedule(17) for “The Secretary of State for Trade and Industry” substitute “The Secretary of State for Business, Enterprise and Regulatory Reform”.
20. In regulation 3(3) for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
21. In regulation 3(3)(18) for the words from “UK” to the end substitute “National Authority, Department for Business, Enterprise and Regulatory Reform, NCLU, 1 Victoria Street, London, SW1H 0ET, or sent by means of an electronic communications network to cwcna@berr.gsi.gov.uk”.
22. In regulation 4(7) for “the Secretary of State for Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”.
23. In articles 4(4) and 15(2)(19) for “the Department of Trade and Industry” substitute “the Department for Innovation, Universities and Skills”.
24. In column (2) of the Schedule(20)—
(a)where it appears first, for “Department for Education and Skills” substitute “Department for Innovation, Universities and Skills”, and
(b)where it appears second, for “Department for Education and Skills” substitute “Department for Children, Schools and Families”.
25. In the first column of the Schedule(21) for “Secretary of State for Trade and Industry” substitute “Secretary of State for Business, Enterprise and Regulatory Reform”.
26. In paragraph 19 of section 4 of Part 2 of Schedule 2(22) for “or the Secretary of State for Education and Skills” substitute “, the Secretary of State for Education and Skills or the Secretary of State for Children, Schools and Families”.
27. In regulation 12 for “the Secretary of State at the Department of Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”.
28. In rule 1.2(1), in the definition of “the Department”, for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
29. In Part 4 of Schedule 2 for “The Department for Education and Skills” substitute “The Department for Children, Schools and Families”.
30. In paragraphs 2 and 4 of the Schedule(23) for “the Department for Education and Skills” substitute “the Department for Children, Schools and Families”.
31. In regulation 5A(p)(24) for “the Department for Education and Skills” substitute “the Department for Children, Schools and Families”.
32. In regulation 1(2)(25), in paragraph (c) of the definition of “registration authority” and in paragraphs (e) and (f) of the definition of “the respondent”, for “the Secretary of State for Education and Skills” substitute “the Secretary of State for Children, Schools and Families”.
33.—(1) In article 2(26)—
(a)in both places where it appears, for “DTI investigator” substitute “BERR investigator”,
(b)for “the Secretary of State for Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”, and
(c)for “DTI investigation” substitute “BERR investigation”.
(2) In article 3(1)(b) and in the heading to article 3 for “DTI investigations” substitute “BERR investigations”.
(3) In article 4—
(a)wherever appearing, for “DTI investigator” substitute “BERR investigator”, and
(b)in paragraph (5)(b), (c) and (d) for “the Secretary of State for Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”.
34. In the Schedule(27), wherever appearing—
(a)for “the Secretary of State for Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”, and
(b)for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
35. In regulations 23(3)(a) and 24(3)(a) for “the Secretary of State with responsibility for Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”.
36. In regulation 7 for “the Secretary of State for the Department for Education and Skills” substitute “the Secretary of State for Children, Schools and Families”.
37.—(1) In the following provisions, wherever appearing, for “the Secretary of State for the Department of Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”—
(a)in form CIT(28) in Schedule 1, and
(b)column 1 of Schedule 5(29).
(2) Printed forms of the kind mentioned in paragraph (1)(a) may be used after the coming into force of this Order even though they have been printed with references to the Secretary of State for the Department of Trade and Industry; and those references are to be read as references to the Secretary of State for Business, Enterprise and Regulatory Reform.
38. In articles 15(4)(30) and 23(31) for “Department of Trade and Industry” substitute “Department for Business, Enterprise and Regulatory Reform”.
39. In articles 8(4)(32) and 14(33) for “Department of Trade and Industry” substitute “Department for Business, Enterprise and Regulatory Reform”.
40. In articles 7(4)(34) and 13(35) for “Department of Trade and Industry” substitute “Department for Business, Enterprise and Regulatory Reform”.
41.—(1) In clause 1 of the model clauses in Schedule 1, in the definition of “the Minister”, for “the Secretary of State for Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”.
(2) In the model clauses in each of Schedules 2 and 3—
(a)in clause 1, in the definition of “Block”, for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”,
(b)in clause 1, in the definition of “the Minister”, for “the Secretary of State for Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”, and
(c)in clause 2 for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
(3) In the model clauses in Schedule 4—
(a)in clause 1, in the definition of “Block”, for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”,
(b)in clause 1, in the definition of “the Minister”, for “the Secretary of State for Trade & Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”, and
(c)in clause 2 for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
(4) In clause 1 of the model clauses in Schedule 6—
(a)in the definition of “Block”, for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”, and
(b)in the definition of “the Minister”, for “the Secretary of State for Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”.
42. In article 2(2)(36) for “the Secretary of State for Trade and Industry” substitute “the Secretary of State for Business, Enterprise and Regulatory Reform”.
43. In regulation 6(3)—
(a)for “the Safeguards Office, Department of Trade and Industry, 4 Abbey Orchard Street, London SW1P 2HT” substitute “the UK Safeguards Office, HSE (UKSO), 7th Floor NW, Rose Court, 2 Southwark Bridge, London SE1 9HS”, and
(b)for “ukso@dti.gsi.gov.uk” substitute “UKSO@hse.gsi.gov.uk”.
44. In paragraph (b) of Schedule 1(37) for “the Department of Trade and Industry” substitute “the Department for Innovation, Universities and Skills”.
45. In rule 61(4)(b) in Schedule 1(38) for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
46. In regulation 3 for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
47. In regulation 4(2) for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
48. In regulation 4(2) for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
49. In regulations 4(1) and 5(a) for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
50. In paragraph 1 of the condition set out in the Schedule, in the definition of “fuel mix disclosure data table” for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
51. In Schedule 2 for “Secretary of State for Trade and Industry” substitute “Secretary of State for Business, Enterprise and Regulatory Reform”.
52. In Part 1 of the Schedule(39)—
(a)omit “Department for Education and Skills” and “Department of Trade and Industry”, and
(b)at the end insert—
“Department for Business, Enterprise and Regulatory Reform
Department for Children, Schools and Families
Department for Innovation, Universities and Skills”.
53. In regulation 5, in paragraph (c) of the definition of “insolvency work experience”, at the end insert “or of the Department for Business, Enterprise and Regulatory Reform”.
54. In the following provisions for “the Department for Education and Skills” substitute “the Department for Children, Schools and Families”—
(a)regulation 2, in the definitions of “Departmental number” and “unique pupil number”,
(b)regulation 9(2)(c), and
(c)paragraph 3 of Schedule 1, in the definition of “comparative information”.
55. In rule 186(2) for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
56. In rule 6(1)(40), in the definition of “Central Authority”, for “the Secretary of State for Education and Skills” substitute “the Secretary of State for Children, Schools and Families”.
57. In Schedule 2(41)—
(a)omit “The Secretary of State for Education and Skills” and “The Secretary of State for Trade and Industry”, and
(b)at the appropriate places insert “The Secretary of State for Business, Enterprise and Regulatory Reform”, “The Secretary of State for Children, Schools and Families” and “The Secretary of State for Innovation, Universities and Skills”.
58.—(1) In regulation 2(1), in the definition of “field development programme”—
(a)for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”, and
(b)for “the Department of Trade and Industry’s” substitute “the Department for Business, Enterprise and Regulatory Reform’s”.
(2) In regulation 6(1) and (2) for “the Department of Trade and Industry” substitute “the Department for Business, Enterprise and Regulatory Reform”.
59. In regulation 5(1)(a) for “the Secretary of State for Education and Skills” substitute “the Secretary of State for Children, Schools and Families”.
60. In regulation 4(1)(d)(i)—
(a)omit “Department for Education and Skills’”, and
(b)after “Providers” insert “maintained by the Department for Innovation, Universities and Skills”.
61. In regulation 2, in the definition of “unique pupil number”, for “the Department for Education and Skills” substitute “the Department for Children, Schools and Families”.
62. In Schedule 1, in the column 2 entry relating to “Teacher or language assistant”, for “the Department for Education and Skills” substitute “the Department for Children, Schools and Families, the Department for Innovation, Universities and Skills”.
63. In regulation 7(3)(a) and (c) for “the Department for Education and Skills” substitute “the Department for Children, Schools and Families”.
64. In column 1 of the Schedule for “The Department for Trade and Industry” substitute “The Department for Business, Enterprise and Regulatory Reform”.
65. In regulation 2(1), in the definition of “unique pupil number”, for “the Department for Education and Skills” substitute “the Department for Children, Schools and Families”.
66. In regulation 20(e) and (f), wherever appearing, for “the Department for Education and Skills” substitute “the Department for Children, Schools and Families”.
67. In paragraph 38(1)(e) and (f) of each of Schedules 3 and 5 for “the Department for Education and Skills” substitute “the Department for Children, Schools and Families”.
68. In regulations 7(5)(e) and (f) and 33(1)(e) and (f) for “the Department for Education and Skills” substitute “the Department for Children, Schools and Families”.
69. In regulation 6(1)(a) for “the Secretary of State for Education and Skills” substitute “the Secretary of State for Children, Schools and Families”.
(This note is not part of the Order)
This Order in Council is made under sections 1 and 2 of the Ministers of the Crown Act 1975. It makes provision in connection with the establishment of the Department for Children, Schools and Families, the Department for Innovation, Universities and Skills and the Department for Business, Enterprise and Regulatory Reform.
The responsibilities entrusted to the Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform were described in the Prime Minister’s written statement to Parliament dated 28th June 2007 (reported in Hansard (House of Commons) at column 36WS; available at www.parliament.uk).
Articles 3, 4 and 5 provide for the incorporation of the Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform as corporations sole and provide for the authentication of corporate seals and the execution and certification of documents.
Article 6 transfers any functions of the Secretary of State for Education and Skills to the Secretary of State for Children, Schools and Families (apart from any that are transferred by article 8(2)(a)).
Article 9 transfers certain functions of the Secretary of State for Trade and Industry to the Secretary of State for Innovation, Universities and Skills.
Article 11 transfers any functions of the Secretary of State for Trade and Industry to the Secretary of State for Business, Enterprise and Regulatory Reform (apart from any that are transferred by article 9, 10(3)(a) or 14).
Articles 7, 8, 10 and 12 make provision for the transfer of property, rights and liabilities consequential on transfers effected by the Order and the entrusting of the functions in question to the Secretary of State to whom they are now entrusted and make further consequential provision.
Article 13 makes supplementary provision providing for continuity.
Article 14 transfers to the Secretary of State the function of making an order under section 3 of the Fairs Act 1871.
Article 15 and the Schedule to the Order make consequential amendments to Acts of Parliament and subordinate legislation.
Nothing in this Order alters the functions of the Welsh Ministers, the Scottish Ministers or the devolved authorities in Northern Ireland.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
1975 c. 26; section 1 was amended by section 20 of the Constitutional Reform Act 2005 (c. 4).
Schedule 2 was substituted by S.I. 2005/3430, Sched.; amendments have been made to Schedule 2 which are not relevant to this Order.
Section 114A was inserted by section 85 of the Criminal Justice and Police Act 2001 (c. 16); amendments have been made to section 114A which are not relevant to this Order.
Amendments have been made to section 94(1) which are not relevant to this Order.
Section 23(10) was amended by S.I. 1992/1314, Sched.; other amendments have been made to section 23(10) which are not relevant to this Order.
Section 50(5)(b) was amended by S.I. 2002/2626, Sched. 2.
Paragraph 13 was amended by S.I. 2002/2626, Sched. 2.
Paragraph 2(4) was substituted by S.I. 1997/2971, Sched. and was amended by S.I. 2002/2626, Sched. 2.
Schedule 5 was amended by S.I. 2002/1397, Sched.; other amendments have been made to Schedule 5 which are not relevant to this Order.
Amendments have been made to Schedule 1 which are not relevant to this Order.
Amendments have been made to Schedule 9 which are not relevant to this Order.
Paragraph 34 was inserted by S.I. 2007/2149, art. 7.
The Schedule was amended by S.I. 1982/1653, reg. 2, S.I. 1995/3022, reg. 3 and S.I. 2002/1397, Sched.; other amendments have been made to the Schedule which are not relevant to this Order.
Amendments have been made to the Schedule which are not relevant to this Order.
Regulation 3(3) was substituted by S.I. 2004/2406, reg. 2.
Article 15(2) was amended by S.I. 2005/254, art.2.
The Schedule was amended by S.I. 2002/1397, Sched.; other amendments have been made to the Schedule which are not relevant to this Order.
The Schedule was substituted by S.I. 2003/1993, Sched.; amendments have been made to the Schedule which are not relevant to this Order.
Schedule 2 was amended by S.I. 2002/1397, Sched.; other amendments have been made to Schedule 2 which are not relevant to this Order.
Amendments have been made to the Schedule which are not relevant to this Order.
Regulation 5A was inserted by S.I. 2006/748, Sched. and paragraph (p) was inserted by S.I. 2007/1892, reg. 2.
Regulation 1(2) was amended by S.I. 2003/2043, reg. 2 and S.I. 2004/2073, reg. 2; other amendments have been made to regulation 1(2) which are not relevant to this Order.
Article 2 was amended by S.I. 2005/3389.
Amendments have been made to the Schedule which are not relevant to this Order.
Form CIT was substituted by S.I. 2005/1766, Sched. 1 and amended by S.I. 2006/594, art. 35(2).
Amendments have been made to Schedule 5 which are not relevant to this Order.
Article 15(4) was amended by S.I. 2006/1331, art 2.
Article 23 was amended by S.I. 2006/1331, art. 2.
Article 8(4) was amended by S.I. 2006/1331, art. 7.
Article 14 was amended by S.I. 2006/1331, art. 7.
Article 7(4) was amended by S.I. 2006/1331, art. 7.
Article 13 was amended by S.I. 2006/1331, art. 7.
Amendments have been made to article 2(2) which are not relevant to this Order.
Amendments have been made to Schedule 1 which are not relevant to this Order.
Amendments have been made to Schedule 1 which are not relevant to this Order.
Amendments have been made to the Schedule which are not relevant to this Order.
Amendments have been made to rule 6(1) which are not relevant to this Order.
Amendments have been made to Schedule 2 which are not relevant to this Order.