The Transfer of Functions (Children, Young People and Families) Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/3191

2003 No. 3191

MINISTERS OF THE CROWN

The Transfer of Functions (Children, Young People and Families) Order 2003

Made 10th December 2003

Laid before Parliament 22th December 2003

Coming into force 12th January 2004

At the Court at Buckingham Palace, the 10th day of December 2003

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in pursuance of section 1 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:

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Transfer of Functions (Children, Young People and Families) Order 2003.

(2) This Order comes into force on 12th January 2004.

S-2 Interpretation

Interpretation

2.—(1) In this Order “instrument”, without prejudice to the generality of that expression, includes in particular judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents.

(2) Any reference in this Order to the functions of a Minister under an enactment includes a reference to the functions of that Minister under an instrument having effect under that enactment.

S-3 Transfer of functions from the Lord Chancellor

Transfer of functions from the Lord Chancellor

3. The functions of the Lord Chancellor under—

(a) section 4(1B) of the Children Act 19892,

(b) section 22 of the Family Law Act 19963,

(c) section 62(3A) of the Justices of the Peace Act 19974, and

(d) sections 12, 19, 20 and 23 of, and Schedules 2 and 3 to, the Criminal Justice and Court Services Act 20005,

are transferred to the Secretary of State.

S-4 Property, rights and liabilities

Property, rights and liabilities

4. All property, rights and liabilities to which the Lord Chancellor 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 Secretary of State for Education and Skills.

S-5 Supplementary

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 Lord Chancellor before the coming into force of this Order.

(2) 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 Lord Chancellor may, so far as it relates to anything transferred by article 3 or 4, be continued by or in relation to the Secretary of State for Education and Skills.

(3) Anything done (or having effect as if done) by or in relation to the Lord Chancellor in connection with anything transferred by article 3 or 4 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 Education and Skills.

(4) Documents or forms printed for use in connection with the functions transferred by article 3 may be used in connection with those functions even though they contain, or are to be read as containing, references to the Lord Chancellor, the Lord Chancellor’s Department or an officer of the Lord Chancellor; 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 Education and...

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