Transfer of Functions (Minister of Health and Minister of Local Government and Planning) (No. 2) Order, 1951

JurisdictionUK Non-devolved
CitationSI 1951/753

1951 No. 753

The Transfer of Functions (Minister of Health and Minister of Local Government and Planning) (No. 2) Order, 1951

28thApril 1951

30thApril 1951

1stMay 1951

At the Court at Buckingham Palace, the 28th day of April, 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. 2) Order, 1951.

(2) In this Order the expression "the No. 1 Order" means the Transfer of Functions (Minister of Health and Minister of Local Government and Planning) (No. 1) Order, 1951(b).

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

(4) This Order shall come into operation on the first day of May, nineteen hundred and fifty-one.

2.—(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 the First Schedule to this Order.

(2) There are hereby transferred to the Minister of Local Government and Planning any functions exercisable by the Minister of Health—

(a) by virtue of any loan made by the Minister of Health under the Essential Buildings and Plant (Repair of War Damage) Act, 1939(d); or

(b) by virtue of section eight of the Distribution of Industry Act, 1945(e), or by virtue of any grant or loan made by that Minister under section three of that Act before the coming into operation of this Order.

(3) There are hereby transferred to the Minister of Local Government and Planning the functions of the Minister of Health under section two hundred and ninety of the Public Health (London) Act, 1936(f), which were excepted from transfer to the Minister of Local Government and Planning by the No. 1 Order.

3.—(1) There are hereby transferred to the Minister of Local Government and Planning the functions of the Minister of Health under any enactment

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

(b) S.I. 1951 No. 142, p. 1348 above.

(c) 52 & 53 Vict. c. 63.

(d) 2 & 3 Geo. 6. c. 74.

(e) 8 & 9 Geo. 6. c. 36.

(f) 26 Geo. 5 & 1 Edw. 8. c. 50.

contained in a local Act or provisional order, except in so far as those functions are exercisable as to any of the following matters:—

(a) the provision of services under Part IV of the National Health Service Act, 1946(a), where the boundaries of a county borough are altered;

(b) the prevention of infectious disease;

(c) the appointment of medical officers of health and sanitary inspectors;

(d) the confirmation of byelaws as to food.

(2) Where any byelaws as to food are by virtue of any such enactment as aforesaid required to be confirmed under section one hundred and eighty-four of the Public Health Act, 1875(b), those byelaws shall, notwithstanding anything in the No. 1 Order, be required to be confirmed by the Minister of Health.

4. Notwithstanding anything in the No. 1 Order—

(a) the power to authorise a compulsory purchase of land by a county council conferred by section one hundred and fifty-nine of the Local Government Act, 1933(c), or section one hundred of the London Government Act, 1939(d), shall be exercisable by the Minister of Health in the case of a purchase for the purpose of functions of the council under the National Health Service Act, 1946, or the National Assistance Act, 1948(e);

(b) the Minister of Health may require reports and returns to be made to him, and information to be given to him, under section two hundred and eighty-four of the Local Government Act, 1933, or section one hundred and seventy-four of the London Government Act, 1939, for the purpose of the exercise of any of his functions;

(c) any functions which by section two hundred and ninety of the Local Government Act, 1933, or section one hundred and eighty-nine of the London Government Act, 1939, were expressed to be exercisable by the Minister of Health, either as such or as being within the definitions of a department in those sections respectively, shall be exercisable by him in relation to any inquiry which he is authorised under any Act other than those Acts to hold.

5.—(1) There are hereby transferred to the Minister of Local Government and Planning the functions of the Minister of Health under the regulations specified in the Second Schedule to this Order, subject to the exception therein specified, being regulations made by the Minister of Health as a designated Minister for the purposes of the Civil Defence Act, 1948(f).

(2) There are hereby transferred to the Minister of Local Government and Planning the functions of the Minister of Health under the Local Land Charges Rules, 1934(g).

(3) There are hereby transferred to the Minister of Local Government and Planning the functions of the Minister of Health under the scheme for the regulation and management of the charity known as the Sutton Dwellings Trust approved by the High Court on the seventeenth day of January, nineteen hundred and twenty-seven.

(a) 9 & 10 Geo. 6. c. 81.

(b) 38 & 39 Vict. c. 55.

(c) 23 & 24 Geo. 5. c. 51.

(d) 2 & 3 Geo. 6. c. 40.

(e) 11 & 12 Geo. 6. c. 29.

(f) 12, 13 & 14 Geo. 6. c. 5.

(g) S.R. & O. 1934 (No. 285) I, p. 924.

6. In the Sixth Schedule to the Defence (General) Regulations, 1939, the following paragraph shall be inserted at the end of Part I thereof, as amended by the No. 1 Order, that is to say—

"16. The discharge by a local authority The Minister of Health."
                 of any of their functions under
                 Part III of the National
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