The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No. 3) Order 2006

2006 No. 1640

LORD CHANCELLOR

TRANSFER OF FUNCTIONS

The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No. 3) Order 2006

Made 21th June 2006

Coming into force in accordance with article 1

The Lord Chancellor makes the following Order in exercise of the powers conferred upon him by sections 19, 140(4)(b) and 143 of the Constitutional Reform Act 20051.

In accordance with section 144(4) and (5)(b) and (d) of that Act, a draft of this instrument was laid before and approved by a resolution of each House of Parliament.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No. 3) Order 2006 and shall come into force—

(a) for the purposes of article 4 and Schedule 2, on the day after the day on which the Lord Chancellor ceases to hold the office of Speaker of the House of Lords;

(b) for all other purposes, on the day after the day on which it is made.

S-2 Savings

Savings

2. Nothing in article 4 or Schedule 2 affects any salary or pension payable in respect of service by a person in the office of Lord Chancellor or Speaker of the House of Lords before 12th June 2003.

S-3 Transfer of functions

Transfer of functions

3. Schedule 1 has effect with respect to the transfer of functions of the Lord Chancellor.

S-4 Supplementary provisions

Supplementary provisions

4. Schedule 2 has effect with respect to making provision supplementary to—

(a) the transfers under Schedule 1 to this Order; and

(b) section 18 of, and Schedule 6 to, the Constitutional Reform Act 2005.

Falconer of Thoroton , C

Dated 21st June 2006

SCHEDULE 1

Article 3

Transfer of functions of the Lord Chancellor

SCH-1.1

1. Civil Contingencies Act 2004

(1) Section 28 (parliamentary scrutiny: prorogation and adjournment) of the Civil Contingencies Act 20042is amended in accordance with this paragraph.

(2) In subsection (2), after “the Speaker” insert “of the House of Commons”.

(3) In subsection (3), for “the Lord Chancellor” substitute “the Speaker of the House of Lords”.

(4) In subsection (4)—

(a)

(a) for “the Lord Chancellor or the Speaker” in both places substitute “the Speaker of the House of Commons or the Speaker of the House of Lords”;

(b)

(b) for “the House of Lords or of the House of Commons” substitute “the House of Commons or of the House of Lords”.

SCH-1.2

2. Church Commissioners Measure 1947

In paragraph 1(a) of Schedule 1 (constitution of the Commissioners) to the Church Commissioners Measure 19473

(a) omit “the Lord Chancellor;”;

(b) after the entry relating to the Speaker of the House of Commons insert—

“the Speaker of the House of Lords;”.

SCH-1.3

3. Statutory Instruments Regulations 1947

(1) Regulation 11 (constitution and powers of the Reference Committee) of the Statutory Instruments Regulations 19474is amended in accordance with this paragraph.

(2) In paragraph (1), for “the Lord Chancellor and the Speaker of the House of Commons” substitute “the Speaker of the House of Commons and the Speaker of the House of Lords”.

(3) In paragraph (2), for “the Lord Chancellor and the Speaker” substitute “the Speaker of the House of Commons and the Speaker of the House of Lords”.

SCHEDULE 2

Article 4

Supplementary provisions

SCH-2.1

1. Parliamentary and other Pensions Act 1972

(1) Subsection (1) of section 28 (pension of the Lord Chancellor) of the Parliamentary and other Pensions Act 19725is amended in accordance with this paragraph.

(2) For the words from “the aggregate of” to the end substitute “one-half of the annual amount of the salary which, at the time when he ceases to hold that office, is payable to a holder of that office who is not also Speaker of the House of Lords.”.

Ministerial and other Salaries Act 1975

Ministerial and other Salaries Act 1975

SCH-2.2

2. The Ministerial and other Salaries Act 19756is amended as follows.

SCH-2.3

3.—(1) Section 1 (salaries) is amended in accordance with this paragraph.

(2) In subsection (2), for “together with the salary payable to him as Speaker of the...

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