2008 No. 3134
The Transfer of Functions (Administration of Rent Officer Service in England) Order 2008
Made
Laid before Parliament
Coming into force
At the Court at Buckingham Palace, the 10th day of December 2008
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in pursuance of sections 1 and 5A of the Ministers of the Crown Act 19751, is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation and commencement1
1
This Order may be cited as the Transfer of Functions (Administration of Rent Officer Service in England) Order 2008.
2
This Order comes into force on 1st April 2009.
Interpretation2
In this Order—
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“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.
Transfer of functions3
The functions of the Secretary of State under the Administration of the Rent Officer Service (England) Order 19992, except functions under article 6 of that order (expenditure), are transferred to the Commissioners.
Transfer of rights and liabilities4
All rights and liabilities to which the Secretary of State is entitled or subject at the coming into force of this Order in connection with the functions transferred by article 3 are transferred to the Commissioners.
Supplementary5
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 before the coming into force of this Order.
2
Anything 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 may, so far as it relates to any transferred matter, be continued by or in relation to the Commissioners.
3
Any legal proceedings to which the Secretary of State is a party at the coming into force of this Order may, if they relate to any transferred matter, be continued by or against the Commissioners.
4
Any appointment made, approval, consent or direction given, or other thing done, by or in relation to the Secretary of State in relation to any transferred matter (or having effect as if so made, given or done) has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if made, given or done by or in relation to the Commissioners.
5
In this article “transferred matter” means a function, right or liability of the Secretary of State transferred by this Order.
Consequential amendments etc.6
1
The Schedule (consequential amendments) has effect.
2
Subject to the amendments made by the Schedule, any enactment or instrument passed or made before the coming into force of this Order has effect, so far as necessary for the purposes of or in consequence of article 3, 4 or 5, as if any reference to the Secretary of State were or included a reference to the Commissioners.
SCHEDULEConsequential amendments
Rent Act 1977 (c. 42)1
In section 63(4)(b) of the Rent Act 19773 (meaning of “the rent officer” in Part 4 of that Act) for “Secretary of State” substitute “Commissioners for Her Majesty’s Revenue and Customs”.
Administration of the Rent Officer Service (England) Order 1999 (S.I. 1999/2403)2
1
The Administration of the Rent Officer Service (England) Order 1999 is amended as follows.
2
After article 1 insert—
The Commissioners1A
In this Order “the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs.
3
In article 3 (appointment etc. of rent officers in England)—
a
in paragraph (1)—
i
for “Secretary of State” substitute “Commissioners”, and
ii
for “he considers” substitute “they consider”, and
b
in paragraph (2), for “Secretary of State” substitute “Commissioners”.
4
In article 4 (remuneration, pensions, allowances and gratuities), in paragraph (1)—
a
for “Secretary of State” substitute “Commissioners”, and
b
for “he accepts” substitute “they accept”.
5
In article 5 (administration of rent officers)—
a
in paragraph (1), for “Secretary of State” substitute “Commissioners”,
b
in paragraph (2)—
i
for “Secretary of State’s” substitute “Commissioners’ ”, and
ii
for “Secretary of State” substitute “Commissioners”,
c
in paragraph (3), for “Secretary of State” (in both places) substitute “Commissioners”, and
d
in paragraph (4)—
i
for “Secretary of State” (wherever occurring) substitute “Commissioners”,
ii
for “his” (in both places) substitute “the Commissioners’ ”, and
iii
in sub-paragraph (c), for “is” substitute “are”.
(This note is not part of the Order)