Ministers of the Crown (Transfer of Functions) Act 1946

JurisdictionUK Non-devolved
Citation1946 c. 31


Ministers of the Crown (Transfer of Functions) Act, 1946

(9 & 10 Geo. 6.) CHAPTER 31.

An Act to facilitate the redistribution of functions between Ministers of the Crown, and the alteration of the style and title of such Ministers; and to make further provision with respect to the Minister of Food, the Minister of Labour and National Service, the Minister of Transport and the Secretary of the Department of Overseas Trade.

[6th March 1946]

B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

General power to redistribute functions of Ministers.

General power to redistribute functions of Ministers.

S-1 Power by Order in Council to transfer functions of Ministers.

1 Power by Order in Council to transfer functions of Ministers.

(1) His Majesty may by Order in Council provide for the transfer to any Minister of the Crown of any functions theretofore exercisable by another Minister of the Crown.

(2) His Majesty may by Order in Council provide for the dissolution of the Government Department in the charge of any Minister of the Crown and the transfer to or distribution among such other Minister or Ministers of the Crown as may be specified in the Order of any functions theretofore exercisable by the Minister in charge of that Department.

(3) An Order in Council under this section may contain such incidental, consequential and supplemental provisions as may be necessary or expedient for the purpose of giving full effect to the Order, including provisions—

(a ) for the transfer of any property, rights and liabilities held, enjoyed or incurred by any Minister of the Crown in connection with any functions transferred or distributed;

(b ) for the carrying on and completion by or under the authority of the Minister to whom any functions are transferred of anything commenced by or under the authority of a Minister of the Crown before the date when the Order takes effect;

(c ) for such adaptations of the enactments relating to any functions transferred as may be necessary to enable them to be exercised by the Minister to whom they are transferred and his officers;

(d ) for making in the enactments regulating the number of offices in respect of which salaries may be paid or the number of office holders who may be elected, and sit and vote, as members of the House of Commons such modifications as may be expedient by reason of any transfer of functions or dissolution of a Department effected by the Order, so, however, that such modifications shall not increase the amount of any salary which may be paid or the aggregate number of persons to whom such salaries may be paid under such enactments or the aggregate number of persons capable thereunder of being elected, and of sitting and voting, as aforesaid;

(e ) for the substitution of the Minister to whom functions are transferred for any other Minister of the Crown in any instrument, contract, or legal proceedings made or commenced before the date when the Order takes effect.

(4) Where by any Order made under this section provision is made for the transfer of functions in respect of which any Minister may sue or be sued by virtue of any enactment, the Order shall make any provision which may be required for enabling the Minister to whom those functions are transferred to sue or be sued in like manner.

(5) A certificate issued by a Minister of the Crown that any property vested in any other Minister immediately before an Order under this section takes effect has been transferred by virtue of the Order to the Minister issuing the certificate shall be conclusive evidence of the transfer.

S-2 Change of title of Ministers.

2 Change of title of Ministers.

2. If His Majesty is pleased by Order in Council to direct that any change shall be made in the style and title of a Minister of the Crown, the Order may contain provisions substituting the new style and title—

a ) in the enactments (including such enactments as are mentioned in paragraph (d ) of subsection (3) of the last foregoing section) relating to the Minister
b ) in any instrument, contract, or legal proceedings made or commenced before the date when the Order takes effect
S-3 Supplementary provisions as to Orders.

3 Supplementary provisions as to Orders.

(1) No Order in Council which provides for the dissolution of a Government Department shall be made under this Act unless, after copies of the draft thereof have been laid before Parliament, each House presents an Address to His Majesty praying that the Order be made.

(2) An Order in Council under this...

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