The Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007

JurisdictionUK Non-devolved
CitationSI 2007/3224

2007 No. 3224

ministers of the crown

The Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007

Made 14th November 2007

Laid before Parliament 21th November 2007

Coming into force 12th December 2007

At the Court at Buckingham Palace, the 14th day of November 2007

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 Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007.

(2) This Order comes into force on 12th December 2007.

S-2 Interpretation

Interpretation

2.—(1) In this Order “instrument” includes, in particular, 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) In this Order a reference to a function of a Minister is to be read, in the case of a function which is exercisable by the Minister jointly with another person or is otherwise shared by the Minister, as a reference to the Minister’s share of that function.

S-3 Incorporation of the Secretary of State for Children, Schools and Families

Incorporation of the Secretary of State for Children, Schools and Families

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

(2) The corporate seal of the Secretary of State for Children, Schools and Families—

(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 Children, Schools and Families 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 Children, Schools and Families that an instrument purporting to be made or issued by—

(a)

(a) the Secretary of State for Children, Schools and Families, or

(b)

(b) the Secretary of State for Education and Skills,

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

(5) The Documentary Evidence Act 18682applies in relation to the Secretary of State for Children, Schools and Families—

(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 Innovation, Universities and Skills

Incorporation of the Secretary of State for Innovation, Universities and Skills

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

(2) The corporate seal of the Secretary of State for Innovation, Universities and Skills—

(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 Innovation, Universities and Skills 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 Innovation, Universities and Skills that an instrument purporting to be made or issued by—

(a)

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

(b)

(b) the Secretary of State for Education and Skills, or

(c)

(c) 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 Innovation, Universities and Skills—

(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 Business, Enterprise and Regulatory Reform

Incorporation of the Secretary of State for Business, Enterprise and Regulatory Reform

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

(2) The corporate seal of the Secretary of State for Business, Enterprise and Regulatory Reform—

(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, Enterprise and Regulatory Reform 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, Enterprise and Regulatory Reform that an instrument purporting to be made or issued by—

(a)

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

(b)

(b) 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 Business, Enterprise and Regulatory Reform—

(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 from the Secretary of State for Education and Skills to the Secretary of State for Children, Schools and Families

Transfer of functions from the Secretary of State for Education and Skills to the Secretary of State for Children, Schools and Families

6. The functions of the Secretary of State for Education and Skills (except so far as transferred by article 8(2)(a)) are transferred to the Secretary of State for Children, Schools and Families.

S-7 Other supplemental provision in relation to the Secretary of State for Children, Schools and Families

Other supplemental provision in relation to the Secretary of State for Children, Schools and Families

7.—(1) For the purposes of this article a function is a relevant function so far as—

(a)

(a) it is transferred by article 6, or

(b)

(b) it is within paragraph (2).

(2) A function is within this paragraph if—

(a)

(a) immediately before 28th June 2007 it was entrusted to the Secretary of State for Education and Skills, and

(b)

(b) before the making of this Order it has been entrusted to the Secretary of State for Children, Schools and Families.

(3) There are transferred to the Secretary of State for Children, Schools and Families all property, rights and liabilities to which the Secretary of State for Education and Skills is entitled or subject at the coming into force of this Order in connection with any relevant function.

(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 Education and Skills may, so far as it relates to a relevant function or anything transferred by paragraph (3), be continued by or in relation to the Secretary of State for Children, Schools and Families.

(5) Anything done (or having effect as if done) by or in relation to the Secretary of State for Education and Skills in connection with a relevant function or anything transferred by paragraph (3) has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Children, Schools and Families.

(6) Documents or forms printed for use in connection with a relevant function may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for Education and Skills; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Children, Schools and Families.

(7) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of—

(a)

(a) the...

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