The Transfer of Functions (Information and Public Records) Order 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/1897 |
| Year | 2015 |
(1) This Order may be cited as the Transfer of Functions (Information and Public Records) Order 2015.(2) This Order comes into force on 9th December 2015.In this Order— (1) The functions of the Secretary of State under a provision of the Freedom of Information Act 2000section 4(1) , (5) and (7) section 5(1) and (3) section 7(3) , (4) and (8) section 75(1) section 83(2) and (3) (1) The functions of the Secretary of State under a provision of the Freedom of Information Act 2000 which is listed in paragraph (2) are transferred to the Chancellor of the Duchy.section 9(3) section 10(4) section 11A(8) section 11B(1) section 12(3) to (5) section 13(1) section 45(1) , (4) and (5) section 46(5) (a) section 47(4B) to (4D) section 53(1) (a) (iii) and (5) a function which is directed by article 3 to be exercisable by the Secretary of State concurrently with the Chancellor of the Duchy, ora function which is transferred to the Chancellor of the Duchy by article 4.(2) 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 into force of this Order.(3) There are transferred to the Chancellor of the Duchy all property, rights and liabilities to which the Secretary of State is entitled or subject at the coming into force of this Order in connection with an information function.(4) 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 an information function or anything transferred by paragraph (3) , be continued by or in relation to the Chancellor of the Duchy.(5) Anything done (or having effect as if done) by or in relation to the Secretary of State in connection with an information function or anything transferred by paragraph (3) 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 Chancellor of the Duchy.(6) Documents or forms printed for use in connection with an information function may be used in connection with the exercise of that function by the Chancellor of the Duchy even though they contain, or are to be read as containing, references to the Secretary of State; and for the purposes of the use of any such documents or forms in connection with the exercise of that function by the Chancellor of the Duchy, those references are to be read as references to the Chancellor of the Duchy.(7) Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as necessary for the purposes of or in consequence of article 3 or 4 or paragraph (3) , as if references to the Secretary of State (and references which are to be read as references to the Secretary of State) were or included references to the Chancellor of the Duchy.references to the Secretary of State are to be read as including references to the department or an officer of the Secretary of State, andreferences to the Chancellor of the Duchy are to be read as including references to the Cabinet Office or an officer in that Office accordingly.functions under a provision of the Public Records Act 1958functions under a provision of the Freedom of Information Act 2000 which is listed in paragraph (3) ,functions under regulation 17(1) (a) and (4) (a) of the Environmental Information Regulations 2004functions under sections 147(1) , (4) and (5) and 148(1) (f) and (4) (a) of the Government of Wales Act 2006section 1(1) , (2) and (3) (general responsibility for execution of Act and for public records) ,section 2(1) , (4) (g) and (5) (functions in relation to the Public Record Office) ,section 3(4) and (5) to (7) section 4(1) to (5) (appointment of places of deposit of public records) ,section 5(5) section 6 (approval of destruction or other disposal of public records in certain circumstances) , andparagraph 7(2) of Schedule 1 (determining whether records are public records for purposes of the Act) .section 46(1) , (3) , (5) and (6) section 65(1) (a) (requirement to be consulted about proposal to refuse request for information contained in a historical record) , andsection 66(5) (a) (requirement to be consulted about whether public interest exemption applies to information contained in a transferred public record) .(1) In this article “public records function” means a function which is transferred by article 6.(2) 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.(3) There are
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