Transfer of Functions (National Heritage) Order 1992
| Jurisdiction | UK Non-devolved |
1992 No. 1311
MINISTERS OF THE CROWN
The Transfer of Functions (National Heritage) Order 1992
Made 4th June 1992
Laid before Parliament 12th June 1992
Coming into force 3rd July 1992
At the Court at Buckingham Palace, the 4th day of June 1992
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, interpretation and commencement
1.—(1) This Order may be cited as the Transfer of Functions (National Heritage) Order 1992.
(2) In this Order—
“the 1986 Order” means the Transfer of Functions (Arts, Libraries and National Heritage) Order 19862;
“the Lord President” means the Lord President of the Council.
(3) In this Order “instrument” (without prejudice to the generality of that expression) includes Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, byelaws, awards, contracts, memoranda and articles of association, certificates and other documents.
(4) Any reference in this Order to the functions of a Minister of the Crown under an enactment includes a reference to the functions of that Minister under an instrument having effect under that enactment.
(5) This Order shall come into force on 3rd July 1992 (in this Order referred to as “the commencement date”).
Style, seal and acts of Secretary of State for National Heritage
2.—(1) The person who, at the commencement date, is the Secretary of State for National Heritage and his successors shall be, by that name, a corporation sole (with a corporate seal).
(2) The corporate seal of the Secretary of State for National Heritage shall be authenticated by the signature of a Secretary of State, or of a Secretary to the Department of National Heritage, or of a person authorised by a Secretary of State to act in that behalf.
(3) The corporate seal of the Secretary of State for National Heritage shall be officially and judicially noticed, and every document purporting to be an instrument made or issued by the Secretary of State for National Heritage, and to be sealed with that seal authenticated in the manner provided by paragraph (2) above, or to be signed or executed by a Secretary to the Department of National Heritage, or a person authorised as above, shall be received in evidence and be deemed to be so made or issued without further proof, unless the contrary is shown.
(4) A certificate signed by the Secretary of State for National Heritage that any instrument purporting to be made or issued by him was so made or issued by him shall be conclusive evidence of that fact.
Transfer of functions relating to museums, libraries, the arts etc.
3.—(1) The functions under the enactments listed in Part I of Schedule 1 to this Order which are exercisable by the Lord President alone or by the Lord President jointly with the Secretary of State are hereby transferred to the Secretary of State; and the functions under those enactments which are exercisable by the Lord President concurrently with the Secretary of State shall cease to be exercisable by the Lord President.
(2) The function of the Lord President under paragraph (1) of the Schedule to the Imperial War Museum Act 19203is hereby transferred to the Secretary of State for National Heritage.
(3) The functions under the deed of 27th February 1981 concerning the Royal Opera House Development Land Trust which were transferred to the Lord President by Article 2(3) of the 1986 Order are hereby transferred to the Secretary of State.
(4) The functions of the Lord President in relation to the institutions listed in Part II of Schedule 1 to this Order are hereby transferred to the Secretary of State.
(5) The functions of the Minister for the Arts in relation to the Greater Manchester Museum of Science and Industry Trust are hereby transferred to the Secretary of State.
Trusteeships and other property relating to museums, libraries, the arts, etc.
4.—(1) In any case where, immediately before the commencement date, the Lord President is the trustee of any property and—
(a)
(a) he is trustee by virtue of Article 3(1) of the 1986 Order, or
(b)
(b) it may reasonably be inferred that he is trustee by reason of his being a Minister of the Crown with responsibility for the Arts,
the Secretary of State is hereby substituted for the Lord President as trustee of the property.
(2) The property in the chattels vested in the Lord President by virtue of section 1(2) of the Wellington Museum Act 19474and Article 3(2) of the 1986 Order is hereby transferred to the Secretary of State for National Heritage.
Historical records, etc. relating to transport: transfer of functions and property
5.—(1) The functions of the Secretary of State for Education and Science under section 144 of the Transport Act 19685are hereby transferred to the Secretary of State for National Heritage.
(2) Any historical records and relics transferred to the Secretary of State for Education and Science under section 144 of the Act of 1968 are hereby transferred to the Secretary of State for National Heritage.
Transfer of functions relating to historic buildings, etc.
6.—(1) The functions of the Secretary of State for the Environment under—
(a)
(a) section 34 of the National Heritage Act 19836, and
(b)
(b) the Care of Cathedrals Measure 19907,
are hereby transferred to the Secretary of State for National Heritage.
(2) The functions of the Secretary of State for the Environment under Article 18(1) of the Town and Country Planning General Development Order 19888are hereby transferred to the Secretary of State for National Heritage.
(3) The function of the Secretary of State for the Environment of appointing (with the approval of the Treasury) Crown appointees to the Council of the Architectural Heritage Fund is hereby transferred to the Secretary of State for National Heritage.
(4) The Secretary of State for National Heritage is hereby substituted for the Secretary of State for the Environment as subscribing member of the Chatham Historic Dockyard Trust.
Transfer of property etc. relating to the former DOE heritage functions
7.—(1) In this Order “the former DOE heritage functions” means—
(a)
(a) any functions transferred by virtue of Article 6 above; and
(b)
(b) such functions relating to the national heritage as were previously entrusted to the Secretary of State for the Environment and have been entrusted, before the commencement date, to the Secretary of State for National Heritage.
(2) There are hereby transferred to the Secretary of State for National Heritage any property, rights and liabilities to which the Secretary of State for the Environment is entitled or subject, at the commencement date, in connection with the former DOE heritage functions.
Transfer of functions relating to the Sports Council
8. The functions of the Secretary of State for the Environment under the Royal Charter passed under the Great Seal on 4th February 1972 relating to the Sports Council are hereby transferred to the Secretary of State for National Heritage.
Transfer of property etc. relating to the film industry
9.—(1) In this Order “the film industry functions” means such of the functions of the Secretary of State relating to arrangements made in connection with the film industry as were previously entrusted to the Secretary of State for Trade and Industry and have been entrusted, before the commencement date, to the Secretary State for National Heritage.
(2) There are hereby transferred to the Secretary of State for National Heritage any property, rights and liabilities to which the Secretary of State for Trade and Industry is entitled or subject, at the commencement date, in connection with the film industry functions.
Transfer of property etc. relating to tourism
10.—(1) In this Order “the tourism functions” means such functions of the Secretary of State relating to tourism as were previously entrusted to the Secretary of State for Employment and have been entrusted, before the commencement date, to the Secretary of State for National Heritage.
(2) There are hereby transferred to the Secretary of State for National Heritage any property, rights and liabilities to which the Secretary of State for Employment is entitled or subject, at the commencement date, in connection with the tourism functions.
Transfer of property etc. relating to broadcasting and safety of sports grounds
11.—(1) In this Order—
(a)
(a) “the broadcasting functions” means such functions of the Secretary of State relating to broadcasting as were previously entrusted to the Secretary of State for the Home Department and have been entrusted, before the commencement date, to the Secretary of State for National Heritage; and
(b)
(b) “the sports grounds functions” means such functions of the Secretary of State relating to safety of sports grounds as were previously entrusted to the Secretary of State for the Home Department and have been entrusted, before the commencement date, to the Secretary of State for National Heritage.
(2) There are hereby transferred to the Secretary of State for National Heritage any property, rights and...
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