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The Transfer of Functions (International Development) Order 2017

As Enacted Cited in Related
Vincent
Year2017

2017 No. 1283

Ministers Of The Crown

The Transfer of Functions (International Development) Order 2017

Made 13th December 2017

Laid before Parliament 20th December 2017

Coming into force 10th January 2018

At the Court at Buckingham Palace, the 13th day of December 2017

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by section 1 of the Ministers of the Crown Act 19751, is pleased, by and with the advice of Her Privy Council, to order as follows:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Transfer of Functions (International Development) Order 2017.

(2) This Order comes into force on 10th January 2018.

S-2 Functions of the Secretary of State to be exercisable concurrently with the Treasury

Functions of the Secretary of State to be exercisable concurrently with the Treasury

2. The following functions of the Secretary of State under the International Development Act 20022are to be exercisable concurrently with the Treasury—

(a) the functions under section 1 (development assistance);

(b) the functions under section 4 (supplementary powers), so far as they relate to the exercise of the power under section 1;

(c) the functions under section 7 (terms on which assistance is provided), so far as they relate to the exercise of the power under section 1;

(d) the functions under section 11 (multilateral development banks).

S-3 Supplementary

Supplementary

3.—(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 before the coming into force of this Order.

(2) 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 article 2, as if references to (and references which are to be read as references to) the Secretary of State were or included references to the Treasury.

(3) In paragraphs (1) and (2)—

(a)

(a) the references to the Secretary of State are to be read as including references to the department or an officer of the Secretary of State, and

(b)

(b) the reference to the Treasury is to be read as including a reference to the department of Her Majesty’s Treasury or an officer of the Treasury accordingly.

(4) In paragraph (2) “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.

S-4 Consequential amendments

Consequential amendments

4. The Schedule has effect.

Ceri King

Deputy Clerk of the Privy Council

SCHEDULE

Article 4

Consequential amendments

SCH-1.1

1. Parliamentary Commissioner Act 1967

In paragraph 10 of Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation)3, after sub-paragraph (2) insert—

SCH-1.3

“3 Sub-paragraph (1)(c) does not apply to any action (not otherwise excluded from investigation by this Schedule) which is taken by the Treasury in connection with—

(a) the provision of information relating to the terms and conditions of any employment covered by an agreement entered into by the Treasury pursuant to the exercise of the Treasury’s powers under Part 1 of the International Development Act 2002, or

(b) the provision of any allowance, grant or supplement or any benefit (other than those relating to superannuation) arising from such an agreement.”

International Development Act 2002

International Development Act 2002

SCH-1.2

2. The International Development Act 2002 is amended as follows.

SCH-1.3

3.—(1) Section 1 (development assistance) is amended as follows.

(2) In subsection (1)—

(a)

(a) for “Secretary of State” substitute “Minister”, and

(b)

(b) for “he” substitute “the Minister”.

(3) In subsection (1A)4, for “Secretary of State” substitute “Minister”.

(4) In subsection (3), for “Secretary of State” substitute “Minister”.

(5) After subsection (3) insert—

SCH-1.4

“4 In this Act, “the Minister” means the Secretary of State or the Treasury.”

SCH-1.4

4.—(1) Section 4 (supplementary powers) is amended as follows.

(2) In subsection (1)—

(a)

(a) for “Secretary of State” substitute “Minister”, and

(b)

(b) for “his powers under section 1, 2 or 3” substitute “the applicable powers”.

(3) After subsection (1) insert—

SCH-1.1A

“1A In subsection (1) “the applicable powers” means—

(a) where the Minister is the Secretary of State, the powers under section 1, 2 or 3, and

(b) where the Minister is the Treasury, the power under section 1.”

(4) In subsection (2)—

(a)

(a) in the words before paragraph (a), for “Secretary of State” substitute “Minister”, and

(b)

(b) in the words after paragraph (c), for “he” substitute “the Minister”.

(5) For subsection (4) substitute—

SCH-1.4

“4 For the purposes of subsection (2) “relevant purpose” means—

(a) where the Minister is the Secretary of State—

(i) a purpose mentioned in section 1(2)(a) or (b) or 3, or

(ii) a purpose that broadly corresponds to that purpose, and

(b) where the Minister is the Treasury—

(i)...

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