The Transfer of Functions (Miscellaneous) Order 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/1034 |
| Year | 2008 |
2008 No. 1034
Ministers Of The Crown
The Transfer of Functions (Miscellaneous) Order 2008
Made 9th April 2008
Laid before Parliament 16th April 2008
Coming into force 7th May 2008
At the Court at Windsor Castle, the 9th day of April 2008
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:
Citation and commencement
1.—(1) This Order may be cited as the Transfer of Functions (Miscellaneous) Order 2008.
(2) This Order comes into force on 7 May 2008.
Interpretation
2. In this Order—
(a) “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;
(b) a reference 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.
National Trust
3. The functions of the First Secretary of State under section 23 of the National Trust Act 19712(consent to building on commons) are transferred to the Secretary of State.
Somerset House
4. The functions of the First Secretary of State under section 1 of the Somerset House Act 19843are transferred to the Secretary of State for Communities and Local Government.
Functions as “appropriate Minister” in relation to statutory undertakers
5. The functions of the Secretary of State or a particular Secretary of State by virtue of the definition of “appropriate Minister” in the enactments in column 1 below are transferred as shown in column 2—
Enactment |
Transferee |
Opencast Coal Act 1958 s. 51(1), para. (a) of the definition4 |
Secretary of State for Transport |
Opencast Coal Act 1958 s. 51(1), para. (g) of the definition |
Secretary of State for Communities and Local Government |
Secretary of State for Transport |
|
Secretary of State for Communities and Local Government |
Transport functions
6. Any functions of the First Secretary of State that were functions of the Secretary of State for Transport immediately before the coming into force of the Secretary of State for the Environment, Transport and the Regions Order 19976are transferred to the Secretary of State.
Other functions of the First Secretary of State
7. Any functions of the First Secretary of State not transferred by any other provision of this Order are transferred to the Secretary of State.
Transfer of property, rights and liabilities to Secretary of State for Environment, Food and Rural Affairs
8. There are transferred to the Secretary of State for Environment, Food and Rural Affairs all property, rights and liabilities to which the First Secretary of State is entitled or subject at the coming into force of this Order in connection with functions transferred by article 3.
Transfer of property, rights and liabilities to Secretary of State for Transport
9. There are transferred to the Secretary of State for Transport all property, rights and liabilities to which the First Secretary of State is entitled or subject at the coming into force of this Order in connection with—
(a) functions transferred by article 5 to the Secretary of State for Transport;
(b) functions transferred by article 6;
(c) functions that were entrusted to the First Secretary of State and that have before the making of this Order been entrusted to the Secretary of State for Transport.
Transfer of property, rights and liabilities to Secretary of State for Communities and Local Government
10. There are transferred to the Secretary of State for Communities and Local Government all property, rights and liabilities to which the First Secretary of State is entitled or subject at the coming into force of this Order in connection with—
(a) functions transferred by article 4 or 5 to the Secretary of State for Communities and Local Government;
(b) functions transferred by article 7.
Supplemental—
11.—(1) In this article “the transferee” means—
(a)
(a) the Secretary of State, in relation to anything transferred by article 3, 6 or 7;
(b)
(b) the Secretary of State for Environment, Food and Rural Affairs, in relation to anything transferred by article 8;
(c)
(c) the Secretary of State for Transport, in relation to anything transferred to that Secretary of State by article 5 or 9;
(d)
(d) the Secretary of State for Communities and Local Government, in relation to anything transferred to that Secretary of State by article 4, 5 or 10.
(2) This...
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