The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021

PART 1 Primary legislation

Transport Act 1962 (c. 46)

1.  In section 86(6A) of the Transport Act 1962(1), for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”.

Parliamentary Commissioner Act 1967 (c. 13)

2.  In Schedule 2 to the Parliamentary Commissioner Act 1967(2)—

(a) omit “Ministry of Housing, Communities and Local Government”(3), and

(b) at the appropriate place insert “Department for Levelling Up, Housing and Communities”.

Representation of the People Act 1983 (c. 2)

3.  In the Representation of the People Act 1983, omit section 199ZA(4).

Representation of the People Act 1985 (c. 50)

4.  In section 27 of the Representation of the People Act 1985, omit subsection (2ZA)(5).

Parliamentary Constituencies Act 1986 (c. 56)

5.—(1) The Parliamentary Constituencies Act 1986 is amended as follows.

(2) In section 3(2ZA)(6), omit “or the Minister for the Cabinet Office”.

(3) In section 4(7)—

(a) in subsections (1) and (4), omit “or the Minister for the Cabinet Office”, and

(b) in subsection (4B), omit “or, as the case may be, the Minister for the Cabinet Office”.

(4) In section 4A(3)(8), omit “or the Minister for the Cabinet Office”.

(5) In Schedule 1(9), in paragraphs 2, 4A, 6(1) and (2) and 7, omit “or the Minister for the Cabinet Office”.

Town and Country Planning Act 1990 (c. 8)

6.—(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In the following provisions, for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”—

(a) section 228(1) and (7) and the heading of that section(10);

(b) section 245(1)(b)(11);

(c) section 265(1)(d)(12).

(3) In paragraph 16(1) and (5) of Schedule 4B(13), omit “or the Minister for the Cabinet Office”.

(4) In paragraph 8(2) of Schedule 6(14), for “the Ministry of Housing, Communities and Local Government” substitute “the Department for Levelling Up, Housing and Communities”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

7.  In paragraph 7(2) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990(15), for “the Ministry of Housing, Communities and Local Government” substitute “the Department for Levelling Up, Housing and Communities”.

Planning (Hazardous Substances) Act 1990 (c. 10)

8.  In paragraph 7(2) of the Schedule to the Planning (Hazardous Substances) Act 1990(16), for “the Ministry of Housing, Communities and Local Government” substitute “the Department for Levelling Up, Housing and Communities”.

Local Government Finance Act 1992 (c. 14)

9.—(1) The Local Government Finance Act 1992 is amended as follows.

(2) In section 52ZQ(1), (2) and (6)(17), omit “or the Minister for the Cabinet Office”.

(3) In section 113(1), (2) and (3)(18), omit “, the Minister for the Cabinet Office”.

Transport and Works Act 1992 (c. 42)

10.  In section 23(10) of the Transport and Works Act 1992(19), for “the Ministry of Housing, Communities and Local Government”, in both places, substitute “the Department for Levelling Up, Housing and Communities”.

Greater London Authority Act 1999 (c. 29)

11.  In section 17A(3) and (6) of the Greater London Authority Act 1999(20), omit “or the Minister for the Cabinet Office”.

Representation of the People Act 2000 (c. 2)

12.  In the Representation of the People Act 2000, omit section 16A(21).

Local Government Act 2000 (c. 22)

13.—(1) The Local Government Act 2000 is amended as follows.

(2) In the following provisions, omit “or the Minister for the Cabinet Office”—

(a) section 9HE(1), (4) and (5) (in both places)(22);

(b) section 9MG(2), (3) and (6)(23);

(c) section 44(1), (3A) and (3B) (in both places)(24).

(3) In section 105, omit subsection (2A)(25).

Regulation of Investigatory Powers Act 2000 (c. 23)

14.  In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 for paragraph 9A(26) substitute—

“9A.   The Department for Levelling Up, Housing and Communities.”.

Political Parties, Elections and Referendums Act 2000 (c. 41)

15.—(1) The Political Parties, Elections and Referendums Act 2000 is amended as follows.

(2) In section 2(2)(b)(27), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

(3) Omit section 159A(28).

(4) In paragraph 2(1)(c) of Schedule 2(29), for “Minister for the Cabinet Office” substitute “Secretary of State for Levelling Up, Housing and Communities”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

16.  In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004, for paragraph 8B(30) substitute—

“8B.   The Department for Levelling Up, Housing and Communities.”

Electoral Administration Act 2006 (c. 22)

17.  In the Electoral Administration Act 2006, omit section 74A(31).

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

18.  In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007—

(a) omit “Ministry of Housing, Communities and Local Government”(32), and

(b) at the appropriate place insert “Department for Levelling Up, Housing and Communities”.

Crossrail Act 2008 (c. 18)

19.  In the following provisions of the Crossrail Act 2008, for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”—

(a) section 12(6) (in the definition of “appropriate Ministers”)(33);

(b) section 54(5)(34);

(c) paragraph 2(8) of Schedule 5 (in the definition of “appropriate Ministers”)(35);

(d) paragraph 37(2) of Schedule 7(36).

Political Parties and Elections Act 2009 (c. 12)

20.  In the Political Parties and Elections Act 2009, omit section 38A(37).

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

21.—(1) The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

(2) In section 114, omit subsection (1A)(38).

(3) In section 116, omit subsection (1A)(39).

(4) In Schedule 5B(40), in paragraphs 3 and 12(1), (4) and (5) (in both places), omit “or the Minister for the Cabinet Office”.

Police Reform and Social Responsibility Act 2011 (c. 13)

22.—(1) The Police Reform and Social Responsibility Act 2011 is amended as follows.

(2) In the following provisions omit “or the Minister for the Cabinet Office”—

(a) section 50(4)(41);

(b) section 54(1)(b) and (2)(42).

(3) In section 55—

(a) in subsections (1)(b), (4) and (6) to (11) for “Minister”, in each place, substitute “Secretary of State”, and

(b) in subsection (12), omit the definition of “the Minister”(43).

(4) In the following provisions omit “or the Minister for the Cabinet Office”—

(a) section 58(1) and (5)(44);

(b) section 65(3)(45);

(c) section 66(8)(46);

(d) section 70(1)(a)(47);

(e) section 71(6)(48);

(f) section 75(1)(49);

(g) section 154(1) and (5)(50).

Electoral Registration and Administration Act 2013 (c. 6)

23.—(1) The Electoral Registration and Administration Act 2013 is amended as follows.

(2) In the following provisions, for “Minister” substitute “Secretary of State”—

(a) section 7(1) and (2);

(b) section 8(1), (3) and (4);

(c) section 9(3) (in both places), (7) and (9);

(d) section 10(1) and (4) (in both places).

(3) Omit section 25(51).

(4) In section 27(1) and (10), for “Minister” substitute “Secretary of State”.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)

24.  In section 33 of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014—

(a) in subsections (10) and (11)(b), for “Minister”, in each place, substitute “Secretary of State”, and

(b) omit subsection (13)(52).

High Speed Rail (London – West Midlands) Act 2017 (c. 7)

25.  In the following provisions of the High Speed Rail (London – West Midlands) Act 2017, for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”—

(a) section 64(5)(53);

(b) paragraph 5(9) of Schedule 16 (in the definition of “appropriate Ministers”)(54);

(c) paragraph 30 of Schedule 17 (in the definition of “appropriate Ministers”)(55).

Digital Economy Act 2017 (c. 30)

26.  In the following provisions of the Digital Economy Act 2017, for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”—

(a) paragraph 8 of Schedule 4(56);

(b) paragraph 3 of Schedule 5(57);

(c) paragraph 2 of Schedule 6(58);

(d) paragraph 9 of Schedule 8(59).

High Speed Rail (West Midlands – Crewe) Act 2021 (c. 2)

27.  In the following provisions of the High Speed Rail (West Midlands – Crewe) Act 2021, for “Housing, Communities and Local Government” substitute “Levelling Up, Housing and Communities”—

(a) section 56(5);

(b) paragraph 5(9) of Schedule 15 (in the definition of “appropriate Ministers”);

(c) paragraph 29 of Schedule 17 (in the definition of “appropriate Ministers”).

(1)

Section 86(6A) was inserted by S.I. 1970/1681, Schedule 3 and amended by S.I. 1976/1775, Schedule 3, S.I. 1997/2971, Schedule, S.I. 2001/2568, Schedule, S.I. 2002/2626, Schedule 2, S.I. 2006/1926, Schedule and S.I. 2018/378, Schedule.

(2)

Schedule 2 was substituted by S.I. 2011/2986, Schedule. Other amendments have been made to Schedule 2 which are not relevant to this Order.

(3)

The entry for the Ministry of Housing, Communities and Local Government was inserted by S.I. 2018/378, Schedule.

(4)

Section 199ZA was inserted by S.I. 2010/1837, Schedule and substituted by S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(5)

Section 27(2ZA) was inserted by S.I. 2010/1837, Schedule and substituted by S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2. Section 27 is applied with modifications by S.I. 2001/2599, article 3 and Schedule 1.

(6)

Section 3(2ZA) was inserted by the Parliamentary Constituencies Act 2020 (c. 25), section 1(4).

(7)

Section 4 was amended by the Fixed-term Parliaments Act 2011 (c. 14), Schedule, S.I. 2016/997, Schedule 2, S.I. 2018/780, article 6(3)(b) and the Parliamentary Constituencies Act 2020, section 2.

(8)

Section 4A was inserted by the Parliamentary Constituencies Act 2020, section 3.

(9)

Paragraph 2 of Schedule 1 was amended by the Parliamentary Constituencies Act 2020 (“the 2020 Act”), Schedule. Paragraph 4A was inserted by the Boundary Commissions Act 1992 (c. 55), section 1 and amended by the 2020 Act, Schedule. Paragraphs 6(1) and (2) and 7 were amended by the 2020 Act, Schedule. Other amendments have been made to Schedule 1 which are not relevant to this Order.

(10)

Section 228 was amended by S.I. 1997/2971, Schedule, S.I. 2006/1926, Schedule and S.I. 2018/378, Schedule.

(11)

Section 245(1)(b) was amended by S.I. 2006/1926, Schedule, and S.I. 2018/378, Schedule.

(12)

Section 265(1)(d) was amended by S.I. 2006/1926, Schedule, and S.I. 2018/378, Schedule.

(13)

Schedule 4B was inserted by the Localism Act 2011 (c. 20), Schedule 10. It is applied with modifications by sections 38A(3) and 38C(5) of the Planning and Compulsory Purchase Act 2004 (c. 5) and paragraph 7 of Schedule 4C to the Town and Country Planning Act 1990 as inserted by Schedules 9 and 11 to the Localism Act 2011. Paragraph 16(1) and (5) of Schedule 4B were amended by S.I. 2013/2597, Schedule, S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(14)

Paragraph 8(2) was amended by S.I. 1997/2971, Schedule, S.I. 2001/2568, Schedule, S.I. 2002/2626, Schedule 2, S.I. 2006/1926, Schedule and S.I. 2018/378, Schedule.

(15)

Paragraph 7(2) was amended by S.I. 1997/2971, Schedule, S.I. 2001/2568, Schedule, S.I. 2002/2626, Schedule 2, S.I. 2006/1926, Schedule and S.I. 2018/378, Schedule.

(16)

Paragraph 7(2) was amended by S.I. 1997/2971, Schedule, S.I. 2001/2568, Schedule, S.I. 2002/2626, Schedule 2, S.I. 2006/1926, Schedule and S.I. 2018/378, Schedule.

(17)

Section 52ZQ was inserted by Schedule 5 to the Localism Act 2011 (c. 20) and amended by S.I. 2013/2597, Schedule, S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(18)

Section 113 was amended by the Local Government Act 2003 (c. 26), Schedule 7, the Localism Act 2011, Schedule 6, S.I. 2013/2597, Schedule, S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2. Other amendments have been made to section 113 which are not relevant to this Order.

(19)

Section 23(10) was amended by S.I. 1997/2971, Schedule, S.I. 2001/2568, Schedule, S.I. 2002/2626, Schedule 2, S.I. 2006/1926, Schedule and S.I. 2018/378, Schedule.

(20)

Section 17A was inserted by the Representation of the People Act 2000 (c. 2), section 14 and amended by S.I. 2010/1837, Schedule, S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2. Other amendments have been made to section 17A which are not relevant to this Order.

(21)

Section 16A was inserted by S.I. 2010/1837, Schedule and substituted by S.I. 2015/1376, Schedule 2, and S.I. 2016/997, Schedule 2.

(22)

Section 9HE was inserted by the Localism Act 2011, Schedule 2 and amended by S.I. 2013/2597, Schedule, S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(23)

Section 9MG was inserted by the Localism Act 2011, Schedule 2 and amended by S.I. 2013/2597, Schedule, S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(24)

Section 44(3A) and (3B) were inserted by the Political Parties, Elections and Referendums Act 2000 (c. 41), Schedule 21. Section 44(1), (3A) and (3B) were amended by S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(25)

Section 105(2A) was inserted by S.I. 2013/2597, Schedule and amended by S.I 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(26)

Paragraph 9A was inserted by S.I. 2006/1926, Schedule and substituted by S.I. 2018/378, Schedule

(27)

Section 2(2)(b) was amended by S.I. 2001/3500, Schedule 2, substituted by S.I. 2002/2626, Schedule 2 and amended by S.I. 2010/1837, Schedule, S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(28)

Section 159A was inserted by S.I. 2002/2626, Schedule 2 and amended by S.I. 2008/1319, article 4, S.I. 2010/1837, Schedule, S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(29)

Paragraph 2(1)(c) was amended by S.I. 2001/3500, Schedule 2, S.I. 2002/2626, Schedule 2, S.I. 2010/1837, Schedule, S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(30)

Paragraph 8B was inserted by S.I. 2018/378, Schedule.

(31)

Section 74A was inserted by S.I. 2010/1837, Schedule and substituted by S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(32)

The entry for the Ministry of Housing, Communities and Local Government was inserted by S.I. 2018/378, Schedule.

(33)

Section 12(6) was amended by S.I. 2018/378, Schedule.

(34)

Section 54(5) was amended by S.I. 2018/378, Schedule.

(35)

Paragraph 2(8) was amended by S.I. 2018/378, Schedule.

(36)

Paragraph 37(2) was amended by S.I. 2018/378, Schedule.

(37)

Section 38A was inserted by S.I. 2010/1837, Schedule and substituted by S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(38)

Section 114(1A) was inserted by the Cities and Local Government Devolution Act 2016 (c. 1), Schedule 5 and amended by S.I. 2016/997, Schedule 2.

(39)

Section 116(1A) was inserted by the Cities and Local Government Devolution Act 2016 (c. 1), Schedule 5 and amended by S.I. 2016/997, Schedule 2.

(40)

Schedule 5B was inserted by the Cities and Local Government Devolution Act 2016, Schedule 1 and amended by S.I. 2016/997, Schedule 2.

(41)

Section 50(4) was amended by S.I. 2015/1526, Schedule and S.I. 2016/997, Schedule 2.

(42)

Section 54(1)(b) and (2) were amended by S.I. 2015/1376, Schedule 2, and S.I. 2016/997, Schedule 2.

(43)

Section 55(12) was amended by S.I. 2015/1526, Schedule and S.I. 2016/997, Schedule 2.

(44)

Section 58(1) was amended by S.I. 2014/268, article 4(2), S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2. Section 58(5) was amended by S.I. 2015/1526, Schedule and S.I. 2016/997, Schedule 2.

(45)

Section 65(3) was amended by S.I. 2015/1526, Schedule and S.I. 2016/997, Schedule 2.

(46)

Section 66(8) was amended by S.I. 2015/1526, Schedule and S.I. 2016/997, Schedule 2.

(47)

Section 70(1)(a) was amended by S.I. 2015/1526, Schedule and S.I. 2016/997, Schedule 2.

(48)

Section 71(6) was amended by S.I. 2015/1526, Schedule and S.I. 2016/997, Schedule 2.

(49)

Section 75(1) was amended by S.I. 2015/1526, Schedule and S.I. 2016/997, Schedule 2.

(50)

Section 154(1) and (5) were amended by S.I. 2014/268, article 4(3), S.I. 2015/1376, Schedule 2, and S.I. 2016/997, Schedule 2.

(51)

Section 25(1) was amended by S.I. 2015/1376, Schedule 2 and S.I. 2016/997, Schedule 2.

(52)

Section 33(13) was amended by S.I. 2016/997, Schedule 2.

(53)

Section 64(5) was amended by S.I. 2018/378, Schedule.

(54)

Paragraph 5(9) was amended by S.I. 2018/378, Schedule.

(55)

Paragraph 30 was amended by S.I. 2018/378, Schedule.

(56)

Paragraph 8 was amended by S.I. 2018/378, Schedule.

(57)

Paragraph 3 was amended by S.I. 2018/378, Schedule.

(58)

Paragraph 2 was amended by S.I. 2018/378, Schedule.

(59)

Paragraph 9 was amended by S.I. 2018/378, Schedule.