The Transfer of Functions (Equality) Order 2007

JurisdictionUK Non-devolved
CitationSI 2007/2914
(1) This Order may be cited as the Transfer of Functions (Equality) Order 2007.(2) This Order comes into force on 12th October 2007.
  • 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, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.
  • (1) The functions of the Secretary of State under the enactments specified in paragraph (2) are transferred to the Lord Privy Seal.the Equal Pay Act 1970the Sex Discrimination Act 1975the Race Relations Act 1976the Sex Discrimination (Election Candidates) Act 2002section 213 of the Civil Partnership Act 2004the Equality Act 2006(3) The functions of the Secretary of State under the enactments specified in paragraph (4) are to be exercisable concurrently with the Lord Privy Seal.in the Employment and Training Act 1973section 70 of the Charities Act 2006(1) The person who at the coming into force of this Order is the Lord Privy Seal and any successor to that person is by that name a corporation sole.is to be authenticated by the signature of the Lord Privy Seal or a person authorised by the Lord Privy Seal to act in that behalf, andis to be officially and judicially noticed.sealed with the corporate seal of the Lord Privy Seal authenticated in the manner provided for by paragraph (2) , orsigned or executed by a person authorised by the Lord Privy Seal to act in that behalf,(4) A certificate signed by the Lord Privy Seal that any instrument purporting to be made or issued by the Lord Privy Seal was so made or issued is conclusive evidence of that fact.the Lord Privy Seal were mentioned in the first column of the Schedule,any person authorised to act on behalf of the Lord Privy Seal were mentioned in the second column of the Schedule, andthe references in section 2 to any regulation issued by or under the authority of an officer mentioned in the first column of the Schedule included references to any document issued by or under the authority of the Lord Privy Seal.
  • All property, rights and liabilities to which the Secretary of State for Communities and Local Government is entitled or subject at the coming into force of this Order in connection with the functions transferred by article 3(1) are transferred to the Lord Privy Seal.
  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (1) This Order does not affect the validity of anything done by or in relation to the Secretary of State before the coming into force of this Order.a function transferred under article 3, orany property, right or liability transferred by article 5,(3) 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 may, so far as it relates to a transferred matter, be continued by or in relation to the Lord Privy Seal.(4) Anything done by or in relation to the Secretary of State in connection with a transferred matter 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 Lord Privy Seal (instead of or, as the case may be, as well as by or in relation to the Secretary of State) .references to the Secretary of State were or, as the case may be, included references to the Lord Privy Seal,references to the department of the Secretary of State were or, as the case may be, included references to the Government Equalities Office, andreferences to an officer of the Secretary of State were or, as the case may be, included references to an officer of the Government Equalities Office.(6) Documents or forms produced for use in connection with the functions transferred by article 3 may be used in connection with those functions even though they contain references to the Secretary of State, his department or an officer of his; 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 Lord Privy Seal, the Government Equalities Office or an officer of the Government Equalities Office (as appropriate) .
  • The Schedule contains consequential amendments.
  • (1) In Schedule 2 (departments etc. subject to investigation) , at the appropriate place insert—
      Government Equalities Office.
    .
    (2) In section 11 (short title, interpretation and extent) , after subsection (2A) insert—
    • (2B) In this Act “the Minister” means the Lord Privy Seal.
    .
    In this Act “the Minister” means the Lord Privy Seal.section 2(2) (disputes as to, and enforcement of, requirement of equal treatment) ;section 5(1) and (3) (agricultural wages orders) ;section 7B(2) and (4) to (7) (questioning of employer) .(4) In section 13 (interpretation) , at the end insert—
    • (6) In sections 2 and 9 and in the other provisions of this Act so far as relating to those sections, references to the Secretary of State include references to the Lord Privy Seal.
    .
    In sections 2 and 9 and in the other provisions of this Act so far as relating to those sections, references to the Secretary of State include references to the Lord Privy Seal.(5) In section 82 (general interpretation provisions) , in subsection (1) , after the definition of “managers” insert—
      “the Minister” means the Lord Privy Seal;
    .
    section 21A(5) and (7) (public authorities) ;section 74(1) and (3) (help for aggrieved persons in obtaining information etc.) ;section 76A(3) (i) and (4) (public authorities: general statutory duty) ;section 76B(1) to (3) (specific duties) ;

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