Secretary of State for Wales and Minister of Land and Natural Resources Order 1965

JurisdictionUK Non-devolved
CitationSI 1965/319

1965 No. 319

MINISTERS OF THE CROWN

The Secretary of State for Wales and Minister of Land and Natural Resources Order 1965

26thFebruary 1965

4thMarch 1965

1stApril 1965

At the Court at Buckingham Palace, the 26th day of February 1965

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of section 1 of the Ministers of the Crown (Transfer of Functions) Act 1946(a) and section 4 of the Ministers of the Crown Act 1964(b), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation, interpretation and commencement

1.—(1) This Order may be cited as the Secretary of State for Wales and Minister of Land and Natural Resources Order 1965.

(2) The Interpretation Act 1889(c) applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

(3) In this Order—

"instrument" (without prejudice to the generality of that expression) includes in particular Orders in Council, judgments, schemes, decrees, orders, rules, regulations, byelaws, awards, covenants, contracts, certificates and other documents;

"Wales", except in Articles 8 and 9, includes Monmouthshire;

and any reference in this Order to an enactment or instrument is a reference thereto as amended, and includes a reference thereto as applied, by any other enactment or instrument.

(4) This Order shall come into operation on 1st April 1965.

Transfer of Welsh local government etc. functions to Secretary of State

2.—(1) The functions of the Minister of Housing and Local Government under the enactments specified in Part I of Schedule 1 to this Order, in so far as those enactments apply to Wales, are hereby transferred to the Secretary of State; but in the case of functions under such of those enactments as are again mentioned in Part II of that Schedule the transfer shall have effect subject to and in accordance with the provisions of the said Part II.

(2) There are also hereby transferred to the Secretary of State the functions of the said Minister under—

(a) 9 & 10 Geo. 6. c. 31.

(b) 1964 c. 98.

(c) 52 & 53 Vict. c. 63.

(a) the Central Land Board (Dissolution and Transfer of Functions) Order 1959(a); and

(b) the regulations relating to Civil Defence specified in Part III of Schedule 1 to this Order;

in so far as the said Order and regulations apply to Wales.

Transfer of Welsh roads etc. functions to Secretary of State

3.—(1) The functions of the Minister of Transport under the enactments specified in Part I of Schedule 2 to this Order, in so far as those enactments apply to Wales, are hereby transferred to the Secretary of State; but in the case of functions under such of those enactments as are again mentioned in Part II of that Schedule, the transfer shall have effect subject to and in accordance with the provisions of the said Part II.

(2) There are also hereby transferred to the Secretary of State the functions of the said Minister under the Traffic Signs (Speed Limits) Regulations 1962(b) and the Traffic Signs Regulations and General Directions 1964(c) in so far as the said regulations and directions apply to Wales.

Transfer of forestry functions to Secretary of State and Minister of Land and Natural Resources

4.—(1) Subject to paragraph (2) of this Article, the functions of the Minister of Agriculture, Fisheries and Food under—

(a) the Forestry Acts 1919 to 1951(d), the New Forest Acts 1877 to 1964(e), section 25(1) of the Mineral Workings Act 1951(f) (grants for afforestation in ironstone district) and section 8(1) of the Crown Estate Act 1961(g) (Crown woodlands etc.); and

(b) section 90 of the Agriculture Act 1947(h), so far as it applies to land acquired in connection with the functions conferred by the enactments specified in sub-paragraph (a) of this paragraph,

are hereby transferred, except in so far as they relate to Wales, to the Minister of Land and Natural Resources, and, in so far as they relate to Wales, to the Secretary of State.

(2) Paragraph (1) of this Article shall not apply to the functions of the Minister of Agriculture, Fisheries and Food as one of the Ministers as defined by section 10(2) of the Forestry Act 1945(i), but from the coming into operation of this Order the Ministers as so defined shall include, in place of that Minister, the Secretary of State and the Minister of Land and Natural Resources.

Transfer of certain water functions to Secretary of State and Minister of Land and Natural Resources

5. The provisions of Schedule 3 to this Order shall have effect for transferring certain functions of the Minister of Housing and Local Government under the enactments relating to water mentioned in that Schedule.

Joint exercise of functions as to certain long-distance routes

6. The respective functions of the Secretary of State and the Minister of Land and Natural Resources under the provisions of the National Parks and Access to the Countryside Act 1949(j) relating to long-distance routes

(a) S.I. 1959/530 (1959 II, p. 2620).

(b) S.I. 1962/2388 (1962 III, p. 3296).

(c) S.I. 1964/1857 (1964 III, p. 4053).

(d) 9 & 10 Geo. 5. c. 58; 13 & 14 Geo. 5. c. 21; 17 & 18 Geo. 5. c. 6; 8 & 9 Geo. 6. c. 35; 10 & 11 Geo. 6. c. 21; 14 & 15 Geo. 6. c. 61.

(e) 40 & 41 Vict. c. cxxi; 42 & 43 Vict. c. cxciv; 12, 13 & 14 Geo. 6. c. 69; 1964 c. 83.

(f) 14 & 15 Geo. 6. c. 60.

(g) 9 & 10 Eliz. 2. c. 55.

(h) 10 & 11 Geo. 6. c. 48.

(i) 8 & 9 Geo. 6. c. 35.

(j) 12, 13 & 14 Geo. 6. c. 97.

shall be exercisable in the case of a route of which a part but not the whole is in Wales by those Ministers acting jointly.

Transfer of functions under statutory instruments, local Acts, etc.

7.—(1) The transfer to any extent under the foregoing provisions of this Order of the power of any Minister to make instruments shall include the transfer to the like extent of functions of that Minister under instruments made in exercise of that power (including instruments having effect as if so made).

(2) The transfer to any extent under the foregoing provisions of this Order of the functions of a Minister under any enactment or instrument shall include the transfer to the like extent of any similar functions of that Minister under a local enactment or instrument.

(3) Without prejudice to the generality of paragraph (1) of this Article, there are hereby transferred to the Secretary of State the functions of the Minister of Transport under any such order as is referred to in paragraph 30(1) of Schedule 24 to the Highways Act 1959(a), so far as the order applies to Wales.

Incorporation of Secretary of State for Wales

8.—(1) The person who at the making of this Order is Secretary of State with responsibility for Wales and Monmouthshire and his successors shall be, by the name of the Secretary of State for Wales, a corporation sole (with a corporate seal) for all purposes relating to the acquisition, holding, management or disposal of property, but so that anything done by or in relation to any other Secretary of State for the Secretary of State for Wales as a corporation sole shall have effect as if done by or in relation to the Secretary of State for Wales.

(2) The corporate seal of the Secretary of State for Wales shall be authenticated by the signature of a Secretary of State or of an Under-Secretary of State in the Welsh Office or of any person authorised by a Secretary of State to act in that behalf; and—

(a) the seal shall be officially and judicially noticed; and

(b) every document purporting to be an instrument made or issued by the Secretary of State for Wales and to be sealed with the said seal authenticated in the manner provided by this paragraph, or to be signed by an Under-Secretary of State in the Welsh Office or any person authorised as aforesaid, shall be received in evidence and be deemed to be so made or issued without further proof, unless the contrary is shown.

Transfer of property and liabilities

9.—(1) There are hereby transferred to the Secretary of State for Wales or, as the case may require, the Minister of Land and Natural Resources all property, rights and liabilities to which any Minister from whom any function is transferred by this Order was, in connection with that function, entitled or subject immediately before the coming into operation of this Order.

(2) Without prejudice to the generality of paragraph (1) of this Article, any land which immediately before the coming into operation of this Order was vested in the Minister of Agriculture, Fisheries and Food and, although not vested by or acquired under section 4 of the Forestry Act 1945(b), was

(a) 7 & 8 Eliz. 2. c. 25.

(b) 8 & 9 Geo. 6. c. 35.

treated by him as having been placed at the disposal of the Forestry Commissioners under that section or was managed by the said Commissioners as if so placed at their disposal, shall for the purposes of this Article be treated as property to which that Minister was entitled in connection with functions transferred by this Order; and such land, together with any other land vested by or acquired under that section and transferred by this Order, shall be treated for the purposes of the said Act of 1945 as having been acquired by the Secretary of State for Wales or, as the case may be, the Minister of Land and Natural Resources under that section.

Consequential amendment of enactments and instruments

10.—(1) Any enactment or instrument passed or made before the coming into operation of this Order shall be construed, so far as may be necessary for the purpose or in consequence of the foregoing provisions of this Order, as if—

(a) for any reference to a Minister from whom functions are transferred by this Order (including any reference which is to be construed as such a reference) there were substituted a reference to the Minister to whom the functions are transferred; and

(b) for any reference to the department or any officer of a Minister from whom functions are so transferred (including any reference which is to be construed as...

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