Transfer of Functions (Secretary of State and Lord Advocate) Order 1972

JurisdictionUK Non-devolved
CitationSI 2002/1972
Year1972

1972 No. 2002

MINISTERS OF THE CROWN

The Transfer of Functions (Secretary of State and Lord Advocate) Order 1972

20thDecember 1972

21stDecember 1972

1stFebruary 1973

At the Court at Buckingham Palace, the 20th day of December 1972

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of section 1 of the Ministers of the Crown (Transfer of Functions) Act 1946(a) and section 4 of the Ministers of the Crown Act 1964(b), 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 (Secretary of State and Lord Advocate) Order 1972.

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

(3) Any provision of this Order for the transfer of functions to the Lord Advocate from the Secretary of State shall be construed, in relation to any of those functions which are already exercisable by the Lord Advocate concurrently with the Secretary of State, as directing that the functions shall cease to be exercisable by the Secretary of State; and references in this Order to functions transferred or to a transfer by the Order shall be construed accordingly.

(4) Any reference in this Order to an enactment is a reference thereto as amended, and includes a reference thereto as applied, by or under any other enactment.

(5) This Order shall come into operation on 1st February 1973.

Transfer of functions from Secretary of State to Lord Advocate

2.—(1) There are hereby transferred to the Lord Advocate the functions conferred on the Secretary of State by the following enactments, namely:—

(a) sections 27 and 29 of the Crofters Holdings (Scotland) Act 1886(d) (making of regulations and approval of forms of procedure in connection with applications to the Scottish Land Court);

(a) 1946 c. 31.

(b) 1964 c. 98.

(c) 1889 c. 63.

(d) 1886 c. 29.

(b) section 1(1), as read with section 3(2), of the Consolidation of Enactments (Procedure) Act 1949(a) (laying before Parliament of memoranda in connection with the consolidation of enactments);

(c) section 3 of the Lands Tribunal Act 1949(b) as amended by section 50(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970(c) (making of rules for regulating proceedings before the Lands Tribunal for Scotland);

(d) section 44 of the Iron and Steel Act 1949(d) as...

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