This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(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 Foreign, Commonwealth and Development Office following the merger of the Department for International Development and the Foreign and Commonwealth Office.
The decision to merge the two departments was announced by the Prime Minister on 16 June 2020 and the Secretary of State for the newly established Foreign, Commonwealth and Development Office was appointed on 2 September 2020.
Article 3 provides for the incorporation of the Secretary of State for Foreign, Commonwealth and Development Affairs (“the new Secretary of State”) as a corporation sole, for the authentication of the corporate seal and the execution and certification of documents.
Articles 4 and 5 provide for the transfer of functions and property, rights and liabilities from the Secretary of State for Foreign and Commonwealth Affairs and the Secretary of State for International Development (“the former Secretaries of State”) to the new Secretary of State.
Article 6 makes provision in relation to immovable property outside the United Kingdom and contracts or other agreements governed by the law of a country or territory outside the United Kingdom. In particular, the effect of paragraph (1)(a) and (b) is that the person who for the time being holds the office of the new Secretary of State also holds the offices of the former Secretaries of State for as long as there is immovable property vested in the former Secretaries of State outside the United Kingdom, or they are parties to contracts or other agreements governed by the law of a country or territory outside the United Kingdom.
Article 7 makes supplementary provision in connection with the transfer of functions from the former Secretaries of State to the new Secretary of State, including in relation to legal proceedings, references in enactments and other instruments, and documents and forms.
Article 8 makes provision preserving the validity of anything done by or in relation to the former Secretaries of State before the coming into force of this Order.
Article 9 and the Schedule 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 impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
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