Transfer of Functions (Shipping and Construction of Ships) Order 1965

JurisdictionUK Non-devolved
CitationSI 1965/145

1965 No. 145

MINISTERS OF THE CROWN

The Transfer of Functions (Shipping and Construction of Ships) Order 1965

29thJanuary 1965

4thFebruary 1965

8thFebruary 1965

At the Court at Buckingham Palace, the 29th day of January 1965

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), 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 (Shipping and Construction of Ships) Order 1965.

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

(3) In this Order "instrument" (without prejudice to the generality of that expression) includes in particular Orders in Council, judgments, decrees, orders, rules, regulations, awards, deeds, contracts, certificates, notices and other documents.

(4) Any reference in this Order to any enactment shall be construed as a reference to that enactment as amended, and as including a reference thereto as extended or applied, by or under any other enactment.

(5) This Order shall come into operation on 8th February 1965.

Transfer of functions

2. Subject to the provisions of this Order, there are hereby transferred to the Board of Trade the functions exercisable by the Minister of Transport under the enactments and orders mentioned or described in Schedule 1 to this Order.

Supplementary

3.—(1) There are hereby transferred to the Board of Trade all property, rights and liabilities to which the Minister of Transport was entitled or subject immediately before the coming into operation of this Order in connection with any of the functions thereby transferred.

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

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

(2) Any enactment or instrument shall, so far as may be necessary for or in consequence of any transfer effected by this Order, have effect as if references to, or which are to be construed as references to the Minister of Transport or his officers or department were references to the Board of Trade or the officers or department of the Board.

(3) This Order shall not affect the validity of anything done by or in relation to the Minister of Transport before the coming into operation of this Order; and anything which, at the time of the coming into operation of this Order, is in process of being done by or in relation to that Minister (including, in particular, any legal proceeding then pending to which he is a party) may, if it relates to any functions, property, rights of liabilities transferred by this Order, be continued by or in relation to the Board of Trade.

(4) Any authority, direction, consent, approval or certificate given, any appointment made and any other thing done by the Minister of Transport, in the exercise of any function transferred by this Order, shall, if in force at the coming into operation of this Order, continue in force and have effect as if made, given or done by the Board of Trade.

(5) The functions transferred to the Board of Trade by this Order may be exercised by the President of the Board, any Minister of State with duties concerning the affairs of the Board, any secretary, undersecretary or assistant secretary of the Board, or any person authorised in that behalf by the President of the Board; and the enactments mentioned in Schedule 2 to this Order (which are superseded by this paragraph) are hereby repealed to the extent specified in the third column of that Schedule.

Transitional financial provisions

4.—(1) The charges coming in course of payment during the period beginning with the coming into operation of this Order and ending with 31st March 1965 of the services to which functions transferred by this Order appertain shall be defrayed as if—

(a) those functions had remained functions of the Minister of Transport and

(b) anything done by or under the authority of the Board of Trade in the exercise of those functions had been done by or under the authority of the Minister of Transport; and

(c) any sums paid to the Board of Trade by virtue of the transfer of those functions had been paid to the Minister of Transport;

and the appropriation accounts of the expenditure of grants appropriated for the services and purposes expressed in Votes 11 and 14 mentioned in Part 13 of Schedule (B) to the Appropriation Act 1964(a), or in any Vote supplementary to any of those Votes, shall be prepared, framed and rendered accordingly.

(2) During the said period any sums falling to be paid—

(a) under the provisions of the Merchant Shipping Acts relating to seamen's money orders or savings banks, the property of deceased seamen, the wages of seamen left behind abroad or to wreck and salvage, being sums which, before the coming into operation of this Order, would have been payable to or by the Minister of Transport; or

(b) under the provisions of the Shipbuilding Credit Act 1964(b), being sums payable by way of interest on, or repayment of, any loan under

(a) 1964 c. 62.

(b) 1964 c. 7.

that Act (whether made before or after the coming into operation of this Order) or payable to a borrower in...

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