Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/2568 |
| Year | 2001 |
2001 No. 2568
MINISTERS OF THE CROWN
The Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001
Made 18th July 2001
Laid before Parliament 23th July 2001
Coming into force 13th August 2001
At the Court at Buckingham Palace, the 18th day of July 2001
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in pursuance of sections 1 and 2 of the Ministers of the Crown Act 19751, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Preliminary
Citation and commencement
1.—(1) This Order may be cited as the Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001.
(2) This Order shall come into force on 13th August 2001.
Interpretation
2.—(1) In this Order—
“instrument”, without prejudice to the generality of that expression, includes Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents; and
“property”, except in article 8, does not include immovable property.
(2) In this Order a reference to function of a Minister shall, in the case of a function which is exercisable by him jointly with another person or is otherwise shared by him with another person, be construed as a reference to his share in that function.
Incorporation of new Secretaries of State
Incorporation of the Secretary of State for Transport, Local Government and the Regions
3.—(1) The person who at the coming into force of this Order is the Secretary of State for Transport, Local Government and the Regions and any successors to that person shall be, by that name, a corporation sole.
(2) The corporate seal of the Secretary of State for Transport, Local Government and the Regions shall—
(a)
(a) be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and
(b)
(b) be officially and judicially noticed.
(3) Every document purporting to be an instrument made or issued by the Secretary of State for Transport, Local Government and the Regions and—
(a)
(a) to be sealed with his corporate seal authenticated in the manner provided by paragraph (2), or
(b)
(b) to be signed or executed by a person authorised by a Secretary of State to act in that behalf,
shall be received in evidence and deemed to be so made or issued without further proof, unless the contrary is shown.
(4) A certificate signed by the Secretary of State for Transport, Local Government and the Regions that any instrument purporting to be made or issued by—
(a)
(a) the Secretary of State for Transport, Local Government and the Regions,
(b)
(b) the Secretary of State for the Environment, Transport and the Regions,
(c)
(c) the Secretary of State for the Environment, or
(d)
(d) the Secretary of State for Transport,
was so made or issued shall be conclusive evidence of that fact.
(5) The Documentary Evidence Act 18682shall apply in relation to the Secretary of State for Transport, Local Government and the Regions—
(a)
(a) as if references to orders and regulations included references to any document, and
(b)
(b) as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.
Incorporation of the Secretary of State for Environment, Food and Rural Affairs
4.—(1) The person who at the coming into force of this Order is the Secretary of State for Environment, Food and Rural Affairs and any successors to that person shall be, by that name, a corporation sole.
(2) The corporate seal of the Secretary of State for Environment, Food and Rural Affairs shall—
(a)
(a) be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and
(b)
(b) be officially and judicially noticed.
(3) Every document purporting to be an instrument made or issued by the Secretary of State for Environment, Food and Rural Affairs and to be—
(a)
(a) sealed with his corporate seal authenticated in the manner provided by paragraph (2), or
(b)
(b) signed or executed by a person authorised by a Secretary of State to act in that behalf,
shall be received in evidence and deemed to be so made or issued without further proof, unless the contrary is shown.
(4) A certificate signed by the Secretary of State for Environment, Food and Rural Affairs that any instrument purporting to be made or issued by—
(a)
(a) the Secretary of State for Environment, Food and Rural Affairs,
(b)
(b) the Secretary of State for the Environment, Transport and the Regions, or
(c)
(c) the Secretary of State for the Environment,
was so made or issued shall be conclusive evidence of that fact.
(5) The Documentary Evidence Act 18683shall apply in relation to the Secretary of State for Environment, Food and Rural Affairs—
(a)
(a) as if references to orders and regulations included references to any document, and
(b)
(b) as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.
Transfer of functions from or to the Secretary of State
Transfer of certain functions of the Secretary of State
5. The functions of the Secretary of State under section 29(4) of and paragraph 2 of Schedule 3 to the Channel Tunnel Rail Link Act 19964are hereby transferred to the Secretary of State for Transport, Local Government and the Regions and the Secretary of State for Environment, Food and Rural Affairs, acting jointly.
Transfer of functions to Secretary of State
6.—(1) The function of the Secretary of State for the Environment, Transport and the Regions under section 7(6) of the Road Traffic Regulation Act 19845is hereby transferred to the Secretary of State.
(2) The function of the Secretary of State for the Environment, Transport and the Regions under section 35(3)(a) of the Land Drainage Act 19916is hereby transferred to the Secretary of State.
Transfers to Secretary of State for Transport, Local Government and the Regions
Transfer of functions to Secretary of State for Transport, Local Government and the Regions
7.—(1) The functions of the Secretary of State for the Environment, Transport and the Regions are hereby transferred to the Secretary of State for Transport, Local Government and the Regions.
(2) This article does not apply to any function transferred by article 6.
Transfer of certain immovable property
8. All immovable property in the United Kingdom to which the Secretary of State for the Environment, Transport and the Regions is entitled at the coming into force of this Order is hereby transferred to the Secretary of State for Transport, Local Government and the Regions.
Transfer of property, rights and liabilities to Secretary of State for Transport, Local Government and the Regions
9.—(1) All property, rights and liabilities to which the Secretary of State for the Environment, Transport and the Regions is entitled or subject at the coming into force of this Order are hereby transferred to the Secretary of State for Transport, Local Government and the Regions.
(2) This article does not apply to any property, rights or liabilities which are transferred by article 11 or 13.
Transfers to Secretary of State for Transport, Local Government and the Regions: supplementary
10.—(1) This article applies to—
(a)
(a) the functions of the Secretary of State for the Environment, Transport and the Regions which are transferred by article 7, and
(b)
(b) those functions which were entrusted to that Secretary of State before 7th June 2001 and which have, before the making of this Order, been entrusted to the Secretary of State for Transport, Local Government and the Regions.
(2) This Order does not affect the validity of anything done before the coming into force of this Order by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with a function to which this article applies.
(3) Anything which has been, or has effect as if, done by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with—
(a)
(a) a function to which this article applies, or
(b)
(b) anything transferred by article 8 or 9,
shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the Secretary of State for Transport, Local Government and the Regions.
(4) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for the Environment, Transport and the Regions may, so far as it relates to—
(a)
(a) a function to which this article applies, or
(b)
(b) anything transferred by article 8 or 9,
be continued by or in relation to the Secretary of State for Transport, Local Government and the Regions.
(5) So far as may be necessary for the...
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