The Transfer of Functions (Miscellaneous) Order 2008

Citation and commencement

1.—(1) This Order may be cited as the Transfer of Functions (Miscellaneous) Order 2008.

(2) This Order comes into force on 7 May 2008.

Interpretation

2.  In this Order—

(a) “instrument” includes, in particular, Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents;

(b) a reference to the functions of a Minister under an enactment includes a reference to the functions of that Minister under an instrument having effect under that enactment.

National Trust

3.  The functions of the First Secretary of State under section 23 of the National Trust Act 1971(1) (consent to building on commons) are transferred to the Secretary of State.

Somerset House

4.  The functions of the First Secretary of State under section 1 of the Somerset House Act 1984(2) are transferred to the Secretary of State for Communities and Local Government.

Functions as “appropriate Minister” in relation to statutory undertakers

5.  The functions of the Secretary of State or a particular Secretary of State by virtue of the definition of “appropriate Minister” in the enactments in column 1 below are transferred as shown in column 2—

Enactment	Transferee
Opencast Coal Act 1958 s. 51(1), para. (a) of the definition(3)	Secretary of State for Transport
Opencast Coal Act 1958 s. 51(1), para. (g) of the definition	Secretary of State for Communities and Local Government
New Towns Act 1981 s. 78(1)(a) (4)	Secretary of State for Transport
New Towns Act 1981 s. 78(1)(f)	Secretary of State for Communities and Local Government

Transport functions

6.  Any functions of the First Secretary of State that were functions of the Secretary of State for Transport immediately before the coming into force of the Secretary of State for the Environment, Transport and the Regions Order 1997(5) are transferred to the Secretary of State.

Other functions of the First Secretary of State

7.  Any functions of the First Secretary of State not transferred by any other provision of this Order are transferred to the Secretary of State.

Transfer of property, rights and liabilities to Secretary of State for Environment, Food and Rural Affairs

8.  There are transferred to the Secretary of State for Environment, Food and Rural Affairs all property, rights and liabilities to which the First Secretary of State is entitled or subject at the coming into force of this Order in connection with functions transferred by article 3.

Transfer of property, rights and liabilities to Secretary of State for Transport

9.  There are transferred to the Secretary of State for Transport all property, rights and liabilities to which the First Secretary of State is entitled or subject at the coming into force of this Order in connection with—

(a) functions transferred by article 5 to the Secretary of State for Transport;

(b) functions transferred by article 6;

(c) functions that were entrusted to the First Secretary of State and that have before the making of this Order been entrusted to the Secretary of State for Transport.

Transfer of property, rights and liabilities to Secretary of State for Communities and Local Government

10.  There are transferred to the Secretary of State for Communities and Local Government all property, rights and liabilities to which the First Secretary of State is entitled or subject at the coming into force of this Order in connection with—

(a) functions transferred by article 4 or 5 to the Secretary of State for Communities and Local Government;

(b) functions transferred by article 7.

Supplemental—

11.—(1) In this article “the transferee” means—

(a) the Secretary of State, in relation to anything transferred by article 3, 6 or 7;

(b) the Secretary of State for Environment, Food and Rural Affairs, in relation to anything transferred by article 8;

(c) the Secretary of State for Transport, in relation to anything transferred to that Secretary of State by article 5 or 9;

(d) the Secretary of State for Communities and Local Government, in relation to anything transferred to that Secretary of State by article 4, 5 or 10.

(2) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the First Secretary of State before the coming into force of this Order.

(3) Anything done by or in relation to the First Secretary of State in connection with anything transferred by this Order 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 transferee.

(4) Anything (including legal proceedings) which is in the process of being done by or in relation to the First Secretary of State when this Order comes into force may, if it relates to functions transferred by this Order, be continued by or in relation to the transferee.

(5) So far as is necessary for the purposes of or in consequence of any of articles 3 to 10, an enactment or instrument passed or made before this Order comes into force has effect as if—

(a) a reference to the First Secretary of State were a reference to the transferee,

(b) a reference to the Office of the Deputy Prime Minister were a reference to the Department of the transferee, and

(c) a reference to an officer of the First Secretary of State were a reference to an officer of the transferee.

(6) The references to which paragraph (5) applies include references that are to be construed as references to the First Secretary of State, the Office of the Deputy Prime Minister or an officer of the First Secretary of State.

Consequential amendments

12.  The Schedule (consequential amendments) has effect.

Judith Simpson

Clerk of the Privy Council