The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016

JurisdictionUK Non-devolved
CitationSI 2016/992

2016 No. 992

Ministers Of The Crown

The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016

Made 12th October 2016

Laid before Parliament 19th October 2016

Coming into force 9th November 2016

At the Court at Buckingham Palace, the 12th day of October 2016

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by 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 as follows:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016.

(2) This Order comes into force on 9th November 2016.

S-2 Interpretation

Interpretation

2.—(1) In this Order “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.

(2) For the purposes of this Order, a function is a “former BIS function” so far as—

(a)

(a) it is transferred by article 6(1), or

(b)

(b) it was entrusted to the Secretary of State for Business, Innovation and Skills immediately before 13th July 2016 and has before the making of this Order been entrusted to the Secretary of State for Business, Energy and Industrial Strategy.

(3) For the purposes of this Order, a function is a “former DECC function” so far as—

(a)

(a) it is transferred by article 6(2), or

(b)

(b) it was entrusted to the Secretary of State for Energy and Climate Change immediately before 13th July 2016 and has before the making of this Order been entrusted to the Secretary of State for Business, Energy and Industrial Strategy.

(4) Paragraph (3)(b) does not apply to a function which, after the entrusting of the function to the Secretary of State for Business, Energy and Industrial Strategy but before the making of this Order, is transferred to the Oil and Gas Authority by Schedule 1 to the Energy Act 20162or by regulations under section 2(2) of that Act.

S-3 Incorporation of the Secretary of State for Business, Energy and Industrial Strategy

Incorporation of the Secretary of State for Business, Energy and Industrial Strategy

3.—(1) The person who at the coming into force of this Order is the Secretary of State for Business, Energy and Industrial Strategy and any successor to that person is by that name a corporation sole.

(2) The corporate seal of the Secretary of State for Business, Energy and Industrial Strategy—

(a)

(a) is to 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) is to be officially and judicially noticed.

(3) Every document purporting to be an instrument made or issued by the Secretary of State for Business, Energy and Industrial Strategy and to be—

(a)

(a) sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2), or

(b)

(b) signed or executed by a person authorised by a Secretary of State to act in that behalf,

is to be received in evidence and to be 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 Business, Energy and Industrial Strategy that an instrument purporting to be made or issued by—

(a)

(a) the Secretary of State for Business, Energy and Industrial Strategy,

(b)

(b) the Secretary of State for Business, Innovation and Skills,

(c)

(c) the Secretary of State for Energy and Climate Change,

(d)

(d) the Secretary of State for Business, Enterprise and Regulatory Reform,

(e)

(e) the Secretary of State for Innovation, Universities and Skills, or

(f)

(f) the Secretary of State for Trade and Industry,

was so made or issued is conclusive evidence of that fact.

(5) The Documentary Evidence Act 18683applies in relation to the Secretary of State for Business, Energy and Industrial Strategy—

(a)

(a) as if references to regulations and orders 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.

S-4 Incorporation of the Secretary of State for International Trade

Incorporation of the Secretary of State for International Trade

4.—(1) The person who at the coming into force of this Order is the Secretary of State for International Trade and any successor to that person is by that name a corporation sole.

(2) The corporate seal of the Secretary of State for International Trade—

(a)

(a) is to 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) is to be officially and judicially noticed.

(3) Every document purporting to be an instrument made or issued by the Secretary of State for International Trade and to be—

(a)

(a) sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2), or

(b)

(b) signed or executed by a person authorised by a Secretary of State to act in that behalf,

is to be received in evidence and to be 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 International Trade that an instrument purporting to be made or issued by—

(a)

(a) the Secretary of State for International Trade,

(b)

(b) the Secretary of State for Business, Innovation and Skills,

(c)

(c) the Secretary of State for Business, Enterprise and Regulatory Reform,

(d)

(d) the Secretary of State for Innovation, Universities and Skills, or

(e)

(e) the Secretary of State for Trade and Industry,

was so made or issued is conclusive evidence of that fact.

(5) The Documentary Evidence Act 1868 applies in relation to the Secretary of State for International Trade—

(a)

(a) as if references to regulations and orders 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.

S-5 Incorporation of the Secretary of State for Exiting the European Union

Incorporation of the Secretary of State for Exiting the European Union

5.—(1) The person who at the coming into force of this Order is the Secretary of State for Exiting the European Union and any successor to that person is by that name a corporation sole.

(2) The corporate seal of the Secretary of State for Exiting the European Union—

(a)

(a) is to 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) is to be officially and judicially noticed.

(3) Every document purporting to be an instrument made or issued by the Secretary of State for Exiting the European Union and to be—

(a)

(a) sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2), or

(b)

(b) signed or executed by a person authorised by a Secretary of State to act in that behalf,

is to be received in evidence and to be 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 Exiting the European Union that an instrument purporting to be made or issued by that Secretary of State was so made or issued is conclusive evidence of that fact.

(5) The Documentary Evidence Act 1868 applies in relation to the Secretary of State for Exiting the European Union—

(a)

(a) as if references to regulations and orders 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.

S-6 Transfer of functions to the Secretary of State for Business, Energy and Industrial Strategy

Transfer of functions to the Secretary of State for Business, Energy and Industrial Strategy

6.—(1) The functions of the Secretary of State for Business, Innovation and Skills (other than the function mentioned in article 10) are transferred to the Secretary of State for Business, Energy and Industrial Strategy.

(2) The functions of the Secretary of State for Energy and Climate Change are transferred to the Secretary of State for Business, Energy and Industrial Strategy.

S-7 Transfers of property, rights and liabilities to the Secretary of State for Business, Energy and Industrial Strategy

Transfers of property, rights and liabilities to the Secretary of State for Business, Energy and Industrial Strategy

7.—(1) There are transferred to the Secretary of State for Business, Energy and Industrial Strategy all property, rights and liabilities to which the Secretary of State for Business, Innovation and Skills is entitled or subject at the coming into force of this Order (other than property, rights and liabilities transferred by article 9(2), 11(3) or 12(2)).

(2) There are transferred to the Secretary of State for Business, Energy and Industrial Strategy all property, rights and liabilities to which the Secretary of State for Energy and Climate Change is entitled or subject at the coming into force of this Order.

S-8 Secretary of State for Business, Energy and Industrial Strategy: supplementary

Secretary of State for Business, Energy and Industrial Strategy: supplementary

8.—(1) In this article, “the transferor” means—

(a)

(a) in relation to a former BIS function or anything transferred by article 7(1), the Secretary of State for Business, Innovation and Skills, and

(b)

...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT