Transfer of Functions (Education and Employment) Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/2986 |
1995 No. 2986
MINISTERS OF THE CROWN
The Transfer of Functions (Education and Employment) Order 1995
Made 23th November 1995
Laid before Parliament 4th December 1995
Coming into force 1st January 1996
At the Court at Buckingham Palace, the 23rd day of November 1995
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in pursuance of 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, and it is hereby ordered, as follows:
Citation and commencement
1.—(1) This Order may be cited as the Transfer of Functions (Education and Employment) Order 1995.
(2) This Order shall come into force on 1st January 1996.
Interpretation
2. In this Order “instrument”, without prejudice to the generality of that expression, includes in particular Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents.
Education
3.—(1) Subject to paragraph (2), the functions of the Secretary of State for Education are hereby transferred to the Secretary of State.
(2) The functions of the Secretary of State for Education under the following enactments are hereby transferred to the Secretary of State for Education and Employment:
(a)
(a) section 2(1) of the Commonwealth Institute Act 19582(trustees);
(b)
(b) paragraph 4(1)(c) of Schedule 1 to the Professions Supplementary to Medicine Act 19603(constitution of boards); and
(c)
(c) article 4(b) of the Health Education Authority (Establishment and Constitution) Order 1987 (constitution of the Authority)4.
Education: provisions supplementary to article 3
4.—(1) All property, rights and liabilities to which the Secretary of State for Education is entitled or subject at the coming into force of this Order are hereby transferred to the Secretary of State for Education and Employment.
(2) Any contract, offer or other thing which—
(a)
(a) has been, or has effect as if, made or done by or in relation to the Secretary of State for Education, and
(b)
(b) is in force at the coming into force of this Order,
shall have effect as if made or done by or in relation to the Secretary of State for Education and Employment.
(3) Without prejudice to paragraph (2), this Order shall not affect the validity of anything done by or in relation to the Secretary of State for Education before the coming into force of this Order.
(4) Anything (including any legal proceedings) in the process of being done by or in relation to the Secretary of State for Education at the coming into force of this Order may be continued by or in relation to the Secretary of State for Education and Employment.
(5) Subject to article 11, any Act passed or subordinate legislation made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of article 3(1), as if any reference to the Secretary of State for Education, to the Department for Education or to an officer of the Secretary of State for Education (including any reference which is to be construed as such a reference) were a reference to the Secretary of State, to the Department for Education and Employment, or, as the case may be, to an officer of the Secretary of State.
(6) Subject to paragraph (5), any instrument made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of article 3(1) or (2), as if any reference to the Secretary of State for Education, to the Department for Education or to an officer of the Secretary of State for Education (including any reference which is to be construed as such a reference) were a reference to the Secretary of State for Education and Employment, to the Department for Education and Employment or, or the case may be, to an officer of the Secretary of State for Education and Employment.
(7) Documents or forms printed for use in connection with any function transferred by article 3(1) or (2) may be used in connection with those functions notwithstanding that they contain, or are to be construed as containing, references to the Secretary of State for Education; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Education and Employment.
Education: Wales
5.—(1) The functions of the Secretary of State for Wales relating to education are hereby transferred to the Secretary of State.
(2) This Order shall not affect the validity of anything done by or in relation to the Secretary of State for Wales before the coming into force of this Order.
(3) Subject to article 11, any Act passed or subordinate legislation made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of paragraph (1) above, as if any reference to the Secretary of State for Wales or to an officer of the Secretary of State for Wales (including any reference which is to be construed as, or as including, such a reference) were a reference to the Secretary of State or, as the case may be, to an officer of the Secretary of State.
Principal employment functions
6.—(1) In this article “the principal employment function” means the functions which were entrusted to the Secretary of State for Employment immediately before July 1995 and which have, before the making of this Order, been entrusted to the Secretary of State for Education and Employment.
(2) All property, rights and liabilities to which the Secretary of State for Employment is entitled or subject at the coming into force of this Order in connection with the principal employment functions are hereby transferred to the Secretary of State for Education and Employment.
(3) Any contract, offer, warrant or other thing which—
(a)
(a) has been, or has effect as if, made, issued or done by or in relation to the Secretary of State for Employment in connection with the principal employment functions or anything transferred by paragraph (2), and
(b)
(b) is in force at the coming into force of this Order,
shall have effect as if made, issued or done by or in relation to the Secretary of State for Education and Employment.
(4) Without prejudice to paragraph (3), anything (including any 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 for Employment may, so far as it relates to—
(a)
(a) any of the principal employment functions, or
(b)
(b) anything to which paragraph (2) or (3) relates,
be continued by or in relation to the Secretary of State for Education and Employment.
(5) Subject to article 11, any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purpose of or in consequence of the entrusting to the Secretary of State for Education and Employment of the principal employment functions, as if any reference to the Secretary of State for Employment, to the Department of Employment or to an officer of the Secretary of State for Employment (including any reference which is to be construed as such a reference) were a reference to the Secretary of State for Education and Employment, to the Department for Education and Employment or, as the case may be, to an officer of the Secretary of State for Education and Employment.
(6) Documents or forms printed for use in connection with any of the principal employment functions may be used in connection with those functions notwithstanding that they contain, or are to be construed as containing, references to the Secretary of State for Employment; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Education and Employment.
Employment (trade and industry) functions
7.—(1) In this article “the employment (trade and industry) functions” means the functions which were entrusted to the Secretary of State for Employment immediately before July 1995 and which have, before the making of this Order, been entrusted to the Secretary of State for Trade and Industry.
(2) All property, rights and liabilities to which the Secretary of State for Employment is entitled or subject at the coming into force of this Order in connection with the employment (trade and industry) functions are hereby transferred to the Secretary of State for Trade and Industry.
(3) Any contract, offer, warrant or other thing which—
(a)
(a) has been, or has effect as if, made, issued or done by or in relation to the Secretary of State for Employment in connection with the employment (trade and industry) functions or anything transferred by paragraph (2), and
(b)
(b) is in force at the coming into force of this Order,
shall have effect as if made, issued or done by or in relation to the Secretary of State for Trade and Industry.
(4) Without prejudice to paragraph (3), anything (including any 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 for Employment may, so far as it relates to—
(a)
(a) any of the employment (trade and industry) functions, or
(b)
(b) anything to which paragraph (2) or (3) relates,
be continued...
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