The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005

JurisdictionUK Non-devolved
CitationSI 2005/3429

2005No. 3429

MINISTERS OF THE CROWN

The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005

14thDecember2005

22ndDecember2005

12thJanuary2006

At the Court at Buckingham Palace, the 14th day of December 2005

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of section 1 of the Ministers of the Crown Act 1975 1, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation and commencement

1.-

(1) This Order may be cited as the Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005.

(2) This Order comes into force on 12th January 2006.

Interpretation

2.-

(1) In this Order "instrument", without prejudice to the generality of that expression, includes in particular Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.

(2) References in this Order to functions transferred by a provision of this Order include references to any function of a Minister that that provision directs to be exercisable concurrently with another Minister.

(3) References in this Order to the functions of a Minister under an enactment include references to the functions of that Minister under an instrument having effect under that enactment.

Transfer of functions to the Lord Chancellor

3.-

(1) The functions of the Secretary of State under the following enactments are transferred to the Lord Chancellor-

(a) the Legal Aid Act 1988 2;(b) in the Courts and Legal Services Act 1990 3, sections 58, 58A and 58B;(c) in the Access to Justice Act 1999 4, Parts 1 and 2, and Part 7 so far as relating to any provision of those Parts.

(2) The functions of the Secretary of State under section 2(3)(a) of the Human Rights Act 1998 5, his functions under subsection (9)(a) of section 7 of that Act, and his functions under subsection (11) of that section by virtue of subsection (9)(a), are to be exercisable concurrently with the Lord Chancellor.

Transfer of property, rights and liabilities to the Lord Chancellor

4.All property, rights and liabilities to which the Secretary of State for Constitutional Affairs is entitled or subject at the coming into force of this Order in connection with the functions transferred by article 3 are transferred to the Lord Chancellor.

Transfers to the Lord Chancellor: supplementary

5.-

(1) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State before the coming...

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