2018 No. 378
The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018
Made
Laid before Parliament
Coming into force
At the Court at Buckingham Palace, the 14th day of March 2018
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 19751, is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation and commencementI11
1
This Order may be cited as the Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018.
2
This Order comes into force on 11th April 2018.
InterpretationI22
In this Order—
“CLG function” means any function so far as—
- a
it is transferred by article 8, or
- b
it was entrusted to the Secretary of State for Communities and Local Government immediately before 8th January 2018 and has before the making of this Order been entrusted to the Secretary of State for Housing, Communities and Local Government;
- a
“health function” means any function so far as—
- a
it is transferred by article 4, or
- b
it was entrusted to the Secretary of State for Health immediately before 8th January 2018 and has before the making of this Order been entrusted to the Secretary of State for Health and Social Care;
- a
“instrument” includes 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 Health and Social CareI33
1
The person who at the coming into force of this Order is the Secretary of State for Health and Social Care and any successor to that person is by that name a corporation sole.
2
The corporate seal of the Secretary of State for Health and Social Care—
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 noted.
3
Every document purporting to be an instrument made or issued by the Secretary of State for Health and Social Care 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 Health and Social Care that an instrument purporting to be made or issued by—
a
the Secretary of State for Health and Social Care, or
b
the Secretary of State for Health,
was so made or issued is conclusive evidence of that fact.
5
The Documentary Evidence Act 18682 applies in relation to the Secretary of State for Health and Social Care—
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.
Transfer of functions etc to the Secretary of State for Health and Social Care
I44
The functions of the Secretary of State for Health are transferred to the Secretary of State for Health and Social Care.
I5I45
There are transferred to the Secretary of State for Health and Social Care all property, rights and liabilities to which the Secretary of State for Health is entitled or subject at the coming into force of this Order.
Secretary of State for Health and Social Care: supplementaryI66
1
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 Health may be continued by or in relation to the Secretary of State for Health and Social Care.
2
Anything done (or having effect as if done) by or in relation to the Secretary of State for Health 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 Health and Social Care.
3
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 Health and Social Care of a health function, or
b
the transfer of anything by article 5,
as if references to (and references which are to be read as references to) the Secretary of State for Health were or included references to the Secretary of State for Health and Social Care.
4
Documents or forms printed for use in connection with a health 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 Health; 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 Health and Social Care.
Incorporation of the Secretary of State for Housing, Communities and Local GovernmentI77
1
The person who at the coming into force of this Order is the Secretary of State for Housing, Communities and Local Government and any successor to that person is by that name a corporation sole.
2
The corporate seal of the Secretary of State for Housing, Communities and Local Government—
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 noted.
3
Every document purporting to be an instrument made or issued by the Secretary of State for Housing, Communities and Local Government 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 Housing, Communities and Local Government that an instrument purporting to be made or issued by—
a
the Secretary of State for Housing, Communities and Local Government,
b
the Secretary of State for Communities and Local Government,
c
the First Secretary of State,
d
the Secretary of State for Transport, Local Government and the Regions,
e
the Secretary of State for Environment, Transport and the Regions, or
f
the Secretary of State for the Environment,
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 Housing, Communities and Local Government—
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.
Transfer of functions etc to the Secretary of State for Housing, Communities and Local Government
I88
The functions of the Secretary of State for Communities and Local Government are transferred to the Secretary of State for Housing, Communities and Local Government.
I9I89
There are transferred to the Secretary of State for Housing, Communities and Local Government all property, rights and liabilities to which the Secretary of State for Communities and Local Government is entitled or subject at the coming into force of this Order.
Secretary of State for Housing, Communities and Local Government: supplementaryI1010
1
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 Communities and Local Government may be continued by or in relation to the Secretary of State for Housing, Communities and Local Government.
2
Anything done (or having effect as if done) by or in relation to the Secretary of State for Communities and Local Government 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 Housing, Communities and Local Government.
3
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 Housing, Communities and Local Government of a CLG function, or
b
the transfer of anything by article 9,
as if references to (and references which are to be read as references to) the Secretary of State for Communities and Local Government were or included references to the Secretary of State for Housing, Communities and Local Government.
4
Documents or forms printed for use in connection with a CLG 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 Communities and Local Government; 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 Housing, Communities and Local Government.
Transfer of functions etc from the Lord Chancellor to the Secretary of State
I1111
The functions of the Lord Chancellor under Part 1 of the Commonhold and Leasehold Reform Act 20023 (commonhold land) are transferred to the Secretary of State.
I12I1112
There are transferred to the Secretary of State for Housing, Communities and Local Government all property, rights and liabilities to which the Lord Chancellor is entitled or subject at the coming into force of this Order in connection with a function transferred by article 11.
Articles 11 and 12: supplementaryI1313
1
This article applies to—
a
a function transferred to the Secretary of State by article 11 (“a former LC function”), and
b
anything transferred by article 12.
2
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 Lord Chancellor may, so far as it relates to anything to which this article applies, be continued by or in relation to the Secretary of State.
3
Anything done (or having effect as if done) by or in relation to the Lord Chancellor in connection with anything to which this article applies 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.
4
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 anything to which this article applies, as if references to (and references which are to be read as references to) the Lord Chancellor were or included references to the Secretary of State.
5
Documents or forms printed for use in connection with a former LC function may be used in connection with that function even though they contain (or are to be read as containing) references to the Lord Chancellor; 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.
6
a
references to the Lord Chancellor are to be read as including references to the department or an officer of the Lord Chancellor, and
b
references to the Secretary of State are to be read as including references to the department or an officer of the Secretary of State accordingly.
Validity of things done before coming into force of OrderI1414
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 Health, the Secretary of State for Communities and Local Government or the Lord Chancellor before the coming into force of this Order.
2
In paragraph (1) the reference to a Secretary of State or the Lord Chancellor includes a reference to the department or an officer of that Secretary of State or of the Lord Chancellor (as the case may be).
Consequential amendmentsI1515
The Schedule has effect.
SCHEDULECONSEQUENTIAL AMENDMENTS
PART 1Amendments to primary legislation
Transport Act 1962 (c. 46)I161
In section 86(6A) of the Transport Act 19624, for “Communities and Local Government” substitute “Housing, Communities and Local Government”.
Parliamentary Commissioner Act 1967 (c. 13)I172
In Schedule 2 to the Parliamentary Commissioner Act 19675—
a
omit “Department for Communities and Local Government.”,
b
in the entry for the Department of Health after “Health” insert “and Social Care”, and
c
at the appropriate place insert “Ministry of Housing, Communities and Local Government”.
Abortion Act 1967 (c. 87)I183
In section 2(2) of the Abortion Act 19676, after “Health” insert “and Social Care”.
Food Act 1984 (c. 30)I194
In section 135(2)(a)(ii) of the Food Act 19847, after “Health” insert “and Social Care”.
Town and Country Planning Act 1990 (c. 8)I205
1
The Town and Country Planning Act 1990 is amended as follows.
2
In section 2288, in subsections (1) and (7) and in the heading for “Communities and Local Government” substitute “Housing, Communities and Local Government”.
3
In the following provisions, for “Communities and Local Government” substitute “Housing, Communities and Local Government”—
a
section 245(1)(b)9;
b
section 265(1)(d)10.
4
In paragraph 8(2) of Schedule 611, for “the Department for Communities and Local Government” substitute “the Ministry of Housing, Communities and Local Government”.
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)I216
In paragraph 7(2) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 199012, for “the Department for Communities and Local Government” substitute “the Ministry of Housing, Communities and Local Government”.
Planning (Hazardous Substances) Act 1990 (c. 10)I227
In paragraph 7(2) of the Schedule to the Planning (Hazardous Substances) Act 199013, for “the Department for Communities and Local Government” substitute “the Ministry of Housing, Communities and Local Government”.
Transport and Works Act 1992 (c. 42)I238
In section 23(10) of the Transport and Works Act 199214, for “the Department for Communities and Local Government” in both places substitute “the Ministry of Housing, Communities and Local Government”.
Regulation of Investigatory Powers Act 2000 (c. 23)I249
In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 200015—
a
for paragraph 9A substitute—
9A
The Ministry of Housing, Communities and Local Government.
b
in paragraph 12 after “Health” insert “and Social Care”.
Commonhold and Leasehold Reform Act 2002 (c. 15)I2510
In the following provisions of the Commonhold and Leasehold Reform Act 2002, for “Lord Chancellor” in each place substitute “Secretary of State”—
a
section 42(2) (power to approve ombudsmen schemes);
b
section 62(1) and (2) (power to give financial assistance in relation to advice etc)16;
c
section 64(2) (making of regulations under Part 1 of the Act).
Enterprise Act 2002 (c. 40)I2611
In section 213(5A)(d) of the Enterprise Act 200217, after “Health” insert “and Social Care”.
Domestic Violence, Crime and Victims Act 2004 (c. 28)I2712
In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004 (authorities within Commissioner’s remit)—
a
omit paragraph 1ZA18,
b
in paragraph 3 after “Health” insert “and Social Care”, and
c
after paragraph 8A insert—
8B
The Ministry of Housing, Communities and Local Government.
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)I2813
In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007—
a
omit “Department for Communities and Local Government”,
b
at the end of the entry for the Department of Health insert “and Social Care”, and
c
at the appropriate place insert “Ministry of Housing, Communities and Local Government”.
Crossrail Act 2008 (c. 18)I2914
In the following provisions of the Crossrail Act 2008, for “Communities and Local Government” substitute “Housing, Communities and Local Government”—
a
section 12(6) (in the definition of “appropriate Ministers”);
b
section 54(5);
c
paragraph 2(8) of Schedule 5 (in the definition of “appropriate Ministers”);
d
paragraph 37(2) of Schedule 7.
Coroners and Justice Act 2009 (c. 25)I3015
In the following provisions of the Coroners and Justice Act 2009, after “Health” insert “and Social Care”—
a
section 18(2)(a);
b
section 20(1)(n).
Care Act 2014 (c. 23)I3116
In section 111(1)(d) of the Care Act 2014, after “Health” insert “and Social Care”.
Investigatory Powers Act 2016 (c. 25)I3217
In Schedule 4 to the Investigatory Powers Act 2016, in column (1) of the table in Part 1, in the entry for the Department of Health after “Health” insert “and Social Care”.
High Speed Rail (London – West Midlands) Act 2017 (c. 7)I3318
In the following provisions of the High Speed Rail (London – West Midlands) Act 2017, for “Communities and Local Government” substitute “Housing, Communities and Local Government”—
a
section 64(5);
b
paragraph 5(9) of Schedule 16 (in the definition of “appropriate Ministers”);
c
paragraph 30 of Schedule 17 (in the definition of “appropriate Ministers”).
Digital Economy Act 2017 (c. 30)I3419
In the following provisions of the Digital Economy Act 2017, for “Communities and Local Government” substitute “Housing, Communities and Local Government”—
a
paragraph 8 of Schedule 4;
b
paragraph 3 of Schedule 5;
c
paragraph 2 of Schedule 6;
d
paragraph 9 of Schedule 8.
PART 2Amendments to secondary legislation
I3520
In each of the following provisions, after “of Health” in each place insert “and Social Care”—
a
regulations 4(2)(a) and 5(a)(i) of the Abortion Regulations 199119;
b
column 2 of Schedule 6 to the Welfare Food Regulations 199620;
c
column (2) of the Schedule to the Building Societies (Business Names) Regulations 199821, in relation to the entries for “abortion”, “Health Centre” and “Health Service”, and “Pregnancy Termination”;
d
regulations 7(6)(ab), 8(7)(aa), 9(12)(ab) and 13(3)(a)(i) and (ii) of the Radiation (Emergency Preparedness and Public Information) Regulations 200122;
F1e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
column 2 of the table in Schedule 2 to the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc) Regulations 200424;
g
the Schedule to the Primary Medical Services (Sale of Goodwill and Restrictions on Sub-contracting) Regulations 200425;
h
regulations 18(1)(a)(iii) and 22(3)(d) of the Justification of Practices Involving Ionising Radiation Regulations 200426;
i
Part 1 of the Schedule to the Damages (Government and Health Service Bodies) Order 200527;
j
article 3(c)(i) of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 200528;
k
paragraph (a) of the definition of “health authority” in regulation 2 of the Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 200929;
l
column (1) of the table in Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 200930;
m
regulation 20(9) of the Care Quality Commission (Registration) Regulations 200931;
n
column (1) of the table in Schedule 2 to the Infrastructure Planning (Compulsory Acquisition) Regulations 201032;
o
column (1) of the table in Part 2 of Schedule 2 to the Regulation of Investigatory Powers (Communications Data) Order 201033;
p
column (1) of the table in Part 1 of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 201034;
q
regulations 10(1) and 11(1) of the Health Protection (Part 2A Orders) Regulations 201035;
r
regulation 1(3) of the Health Protection (Notification) Regulations 201036;
s
regulations 22(4)(c), 26(2)(e) and 35(6)(b)(i) of the Water Supply (Water Quality) Regulations 201037;
t
regulation 12(1) and (2)(a) of, and paragraph 7 of the Schedule to, the Medical Profession (Responsible Officers) Regulations 201038;
u
in the entry for Public Health England in column (1) the table in Schedule 1 to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 201139;
v
paragraph 2 of Schedule 4 to the National Health Service (Clinical Commissioning Groups) Regulations 201240;
w
the definition of “Public Health England” in regulation 213(1) of the Human Medicines Regulations 201241;
x
regulation 16(a) of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 201342;
y
the definition of “postgraduate dental dean or director of postgraduate dental education” in regulation 29 of the National Health Service (Performers Lists) (England) Regulations 201343;
z
paragraph (e) of the definition of “responsible person” in regulation 8(3) of the Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 201344;
aa
regulation 4(1)(h) of the National Health Service (Clinical Commissioning Groups – Payments in Respect of Quality) Regulations 201345;
bb
in Schedule 2 to the Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 201446—
i
in column (2) in Part 1, in relation to the entry in column (1) for “NHS”, and
ii
in column (2) in Part 2;
cc
column 1 in Schedule 1 to the Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 201547, in the entry for Public Health England;
dd
regulations 12(5)(e), 13(7)(d) and 14(3)(a) of the Control of Major Accident Hazards Regulations 201548;
ee
in each place in column 2 of the table in the Schedule to the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales) Order 201549;
ff
paragraph 1 of Schedule 2 to the Medicines (Products for Human Use) (Fees) Regulations 201650, in the definition of “the MHRA portal”;
gg
the definition of “Public Health England” in regulation 2(1) of the Water Supply (Water Quality) Regulations 201651.
I3621
In each of the following provisions, after “for Health” in each place insert “and Social Care”—
a
paragraph 48(2) of Schedule 9 and paragraph 38(2) of Schedule 10 to the Income Support (General) Regulations 198752;
b
paragraph 44(2) of Schedule 2 to the Family Credit (General) Regulations 198753;
c
paragraph 42(d) of Schedule 3 and paragraph 39(2) of Schedule 4 to the Disability Working Allowance (General) Regulations 199154;
d
paragraph 47(2) of Schedule 7 and paragraph 36(2) of Schedule 8 of the Jobseeker’s Allowance Regulations 199655;
e
paragraph 42(2) of Schedule 3 and paragraph 39(2) of Schedule 4 to the Housing Renewal Grants Regulations 199656;
f
regulations 3(1), (2) and (3) of the Good Laboratory Practice Regulations 199957;
g
item 12(e) in table 6 in regulation 19 of the Tax Credits (Definitions and Calculation of Income) Regulations 200258;
F2h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
i
article 2(2) of the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 200460;
j
the definition of “Appointing Authority” in paragraph 2 of the Schedule to the Postgraduate Medical Education and Training Board (Members – Removal from Office) Rules Order 200461;
k
paragraph 2(1)(j)(i) and (k)(i) of Schedule 2 to the Dairy Produce Quotas Regulations 200562;
l
paragraphs 2 to 6 of Schedule 1 to the Water Supply (Flouridation Indemnities) England) Regulations 200563;
m
paragraph 44(2) of Schedule 5 and paragraph 40(2) of Schedule 6 to the Housing Benefit Regulations 200664;
n
paragraph 45(2) of Schedule 4 and paragraph 40(2) of Schedule 5 to the Council Tax Benefit Regulations 200665;
o
paragraph 45(2) of Schedule 8 and paragraph 37(2) of Schedule 9 to the Employment and Support Allowance Regulations 200866;
p
regulations 9A(1) and (4) and 10(1)(c) and (2) of the Social Security (Information-sharing in relation to Welfare Services etc) Regulations 201267;
q
in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (England) Regulations 201268, paragraph 46(2) of Schedule 8 and paragraph 43(2) of Schedule 10;
r
in both columns in the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 201469;
s
Part 1 of Schedule 4 to the Criminal Justice and Data Protection (Protocol No 36) Regulations 201470;
t
regulations 3(1) and (3) and 8(a) of the Social Security (Information-sharing) (NHS Payments and Remission of Charges etc) (England) Regulations 201571;
u
Parts 2 and 3 of Schedule 1 to the Criminal Justice (European Investigation Order) Regulations 201772;
v
paragraph 3(2)(o) of Schedule 2 to the NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 201773.
I3722
In regulation 4(2)(a) of the Abortion Regulations 1991, for “Richmond House, 79 Whitehall, London, SW1A 2NS” substitute “39 Victoria Street, London SW1H 0EU”.
(This note is not part of the Order)