Transfer of Functions (Minister of Health and Minister of Local Government and Planning) (No. 1) Order, 1951

JurisdictionUK Non-devolved
CitationSI 1951/142

1951No. 142

The Transfer of Functions (Minister of Health and Minister of Local Government and Planning) (No. 1) Order, 1951

29thJanuary1951

29thJanuary1951

30thJanuary1951

At the Court at Buckingham Palace, the 29th day of January, 1951

Present,

The King's Most Excellent Majesty in Council

His Majesty, in pursuance of the Ministers of the Crown (Transfer of Functions) Act, 1946(a), is pleased, by and with the advice of His Privy Council to order, and it is hereby ordered, as follows:—

1.—(1) This Order may be cited as the Transfer of Functions (Minister of Health and Minister of Local Government and Planning) (No. 1) Order, 1951.

(2) The Interpretation Act, 1889, applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

(3) This Order shall come into operation on the thirtieth day of January, nineteen hundred and fifty-one.

2.—(1) The style and title of the Minister of Town and Country Planning shall be changed to "the Minister of Local Government and Planning."

(2) The said new style and title shall be substituted for the former in the Minister of Town and Country Planning Act, 1943(b), except in section twelve of that Act (which specifies the short title thereof), in all other enactments relating to the said Minister, and in all instruments (other than this Order), contracts and legal proceedings made or commenced before the coming into operation of this Order which refer to the said Minister.

3.—(1) There are hereby transferred to the Minister of Local Government and Planning the functions of the Minister of Health under the enactments specified in Part I of the Schedule to this Order, except the functions specified in Part II of that Schedule.

(2) In the Schedule to this Order the said excepted functions are referred to as "retained Health functions", and the expression "Health matters" means matters as to which retained Health functions are exercisable.

(a) 9 & 10 Geo. 6. c. 31.

(b) 6 & 7 Geo. 6. c. 5.

4.—(1) The Minister of Local Government and Planning shall be a competent authority for the purposes of Regulations 50, 50A, 51, 53, 54A, 55, 55AA, 55AB, 77 and 85 of the Defence (General) Regulations, 1939, except for the purposes of the application of those Regulations respectively to Scotland or to Northern Ireland.

(2) In Regulations 50A, 56, 68AA and 68CA of the Defence (General) Regulations, 1939, references to the Minister of Local Government and Planning shall be substituted for the references therein to the Minister of Health.

(3) In Part I of the Sixth Schedule to the Defence (General) Regulations, 1939, references to the Minister of Local Government and Planning shall be substituted for the references to the Minister of Health in paragraph 1 thereof and in sub-paragraphs (c) and (e) of paragraph 6 thereof, and the following paragraph shall be inserted at the end of that Part, that is to say:—

"15. The discharge by a local health The Minister of Health"
                 authority of any of their functions
                 under Part III of the National
                 Health Service Act, 1946(a)
                

5.—(1) The Minister of Local Government and Planning shall be the appropriate Minister—

(a) for the purposes of the Acquisition of Land (Authorisation Procedure) Act, 1946(b), in relation to an undertaking for the supply of water; and

(b) for the purposes of the Town and Country Planning Act, 1944(c), the New Towns Act, 1946(d), the Town and Country Planning Act, 1947(e), and the National Parks and Access to the Countryside Act, 1949(f), in relation to such an undertaking and to statutory undertakers carrying on such an undertaking;

and accordingly references to that Minister shall be substituted for the references to the Minister of Health in the definition of "appropriate Minister" in section eight of the Acquisition of Land (Authorisation Procedure) Act, 1946, in section thirteen of the Town and Country Planning Act, 1944, as applied by the New Towns Act, 1946, and in section one hundred and nineteen of the Town and Country Planning Act, 1947.

(2) In the construction and for the purposes of any enactment (other than an enactment contained in the Ministers of the Crown Act, 1937(g)), regulation, byelaw, judgment, award, order, deed, contract, certificate or other document passed or made before the coming into operation of this Order, any reference to, or which is to be construed as a reference to, the Minister of Health or his officers or department shall, so far only as may be necessary for or in consequence of the transfer of functions effected by this Order, be construed as a reference to the Minister of Local Government and Planning or his officers or department.

(3) The transfer of functions effected by this Order shall not prejudice the operation of any regulation, order...

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