The Transfer of Functions (Children, Young People and Families) Order 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/252 |
| Year | 2005 |
2005 No. 252
MINISTERS OF THE CROWN
The Transfer of Functions (Children, Young People and Families) Order 2005
Made 9th February 2005
Laid before Parliament 21th February 2005
Coming into force 1st April 2005
At the Court at Buckingham Palace, the 9th day of February 2005
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:
Citation and commencement
1.—(1) This Order may be cited as the Transfer of Functions (Children, Young People and Families) Order 2005.
(2) This Order comes into force on 1st April 2005.
Transfer of functions of the Lord Chancellor relating to CAFCASS
2. The following are transferred to the Secretary of State—
(a) the Lord Chancellor’s functions under subsection (1)(b) of section 59 of the Courts Act 20032;
(b) his functions under subsections (1)(c) and (4) of that section by virtue of subsection (1)(c)(ii) of that section;
(c) his functions under subsection (4) of section 60 of that Act by virtue of paragraph (b) of that subsection.
Property, rights and liabilities
3. 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 2 are transferred to the Secretary of State for Education and Skills.
Consequential amendments
4.—(1) Section 59 of the Courts Act 2003 (functions of inspectors) is amended as follows.
(2) In subsection (1)(b) for “Lord Chancellor” substitute “Secretary of State”.
(3) In subsection (1)(c) for the words from “specified” to the end substitute—
“(i)
“(i) specified in connection with the courts listed in subsection (2) in a direction given by the Lord Chancellor, or
(ii)
(ii) specified in connection with CAFCASS functions or related functions of any other person in a direction given by the Secretary of State.”
(4) For subsection (4) substitute—
“4 The Lord Chancellor, before giving any direction under subsection (1)(c)(i)...
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