Transfer of Functions (Roads, Bridges and Ferries) Order, 1955
| Jurisdiction | UK Non-devolved |
| Citation | SI 1955/1955 |
| Year | 1955 |
1955 No. 1955
The Transfer of Functions (Roads, Bridges and Ferries) Order, 195522ndDecember 1955
30thDecember 1955
1stApril 1956
At the Court at Buckingham Palace, the 22nd day of December, 1955
Present, The Queen's Most Excellent Majesty in Council
Her Majesty, in pursuance of the Ministers of the Crown (Transfer of Functions) Act, 1946(a), 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 (Roads, Bridges and Ferries) Order, 1955,
(a) 9 & 10 Geo. 6. c. 31.
(2) The Interpretation Act, 1889(a), applies for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
(3) In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say—
"instrument" (without prejudice to the generality of that expression) includes in particular an Order in Council, order, rule, regulation, byelaw, judgment, decree, award, contract, certificate, licence or other document, and "made" in relation to an instrument shall be construed accordingly;
"the Minister" means the Minister of Transport and Civil Aviation.
(4) Any reference in this Order to an enactment or instrument shall be construed as a reference thereto as amended by or under any other enactment or instrument.
(5) This Order shall come into operation on the first day of April, 1956.
Transfer of functions as respects roads in Scotland to Secretary of State
2. The functions of the Minister under the enactments described in Part I of the First Schedule to this Order (which enactments relate to the construction, maintenance and management of roads, bridges and ferries) arc hereby transferred to the Secretary of State in so far as conferred by those enactments in their application to Scotland.
Transfer of certain functions to Secretary of State and Minister acting jointly
3. The functions of the Minister under the enactments described in Part 11 of the First Schedule to this Order (which enactments confer certain powers for the regulation of the use of roads and of traffic thereon) are hereby transferred to the Secretary of State and the Minister acting jointly.
Transfer of functions under local enactments
4. Any function of the Minister under any local enactment having effect in Scotland, being a function substantially similar to any function conferred on him by any enactment included in Part I of the First Schedule to this Order, is hereby transferred to the Secretary of State.
Transfer of property, etc.
5. With the functions transferred under the foregoing provisions of this Order there are also hereby transferred all property, rights and liabilities held or enjoyed by, or incumbent on, the Minister in connection with those functions respectively.
Supplementary and consequential provisions.
6.—(1) Any enactment or instrument shall have effect, so far as may be necessary for or in consequence of the transfers effected by this Order, as if references to, or which are to be construed as references to, the Minister were references to the Secretary of State or to the Secretary of State and the Minister acting jointly, as the case may require.
(2) The enactments and the instrument specified in the first column of the Second Schedule to this Order shall in their application to Scotland have effect subject to the amendments specified in the second column thereof, being amendments consequential on the transfers effected by this Order.
(3) Where an instrument made under any enactment described in Part II of the First...
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