The Secretary of State for Education Order 2010

Citation and commencement

1.—(1) This Order may be cited as the Secretary of State for Education Order 2010.

(2) This Order comes into force on 18th August 2010.

Interpretation

2.  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.

Incorporation of the Secretary of State for Education

3.—(1) The person who at the coming into force of this Order is the Secretary of State for Education and any successor to that person is by that name a corporation sole.

(2) The corporate seal of the Secretary of State for Education—

(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 Education 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 Education that an instrument purporting to be made or issued by—

(a) the Secretary of State for Education, or

(b) the Secretary of State for Children, Schools and Families,

was so made or issued is conclusive evidence of that fact.

(5) The Documentary Evidence Act 1868(1) applies in relation to the Secretary of State for Education—

(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 to that Act included any officer authorised to act on behalf of the Secretary of State.

Transfer of functions and property etc from the Secretary of State for Children, Schools and Families to the Secretary of State for Education

4.—(1) The functions of the Secretary of State for Children, Schools and Families are transferred to the Secretary of State for Education.

(2) There are transferred to the Secretary of State for Education all property, rights and liabilities to which the Secretary of State for Children, Schools and Families is entitled or subject at the coming into force of this Order.

Other supplemental provision relating to the Secretary of State for Education

5.—(1) For the purposes of this article a function is a relevant function so far as—

(a) it is transferred by article 4(1), or

(b) it is within paragraph (2).

(2) A function is within this paragraph if—

(a) immediately before 12th May 2010 it was entrusted to the Secretary of State for Children, Schools and Families, and

(b) before the making of this Order it has been entrusted to the Secretary of State for Education.

(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 Children, Schools and Families may, so far as it relates to a relevant function or anything transferred by article 4(2), be continued by or in relation to the Secretary of State for Education.

(4) Anything done (or having effect as if done) by or in relation to the Secretary of State for Children, Schools and Families in connection with a relevant function or anything transferred by article 4(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 Education.

(5) 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 Children, Schools and Families; 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 Education.

(6) 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—

(a) the transfer or entrusting to the Secretary of State for Education of any relevant function, or

(b) the transfer of anything by article 4(2),

as if references to (and references which are to be read as references to) the Secretary of State for Children, Schools and Families were or included references to the Secretary of State for Education.

(7) 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 Children, Schools and Families before the coming into force of this Order.

(8) In paragraphs (3) to (7) references to the Secretary of State for Children, Schools and Families include references to the department or an officer of the Secretary of State for Children, Schools and Families; and references to the Secretary of State for Education are to be read accordingly.

Consequential amendments

6.  The Schedule has effect.

Judith Simpson

Clerk of the Privy Council