Transfer of Functions (Transport, Local Government and the Regions) Order 2002

JurisdictionUK Non-devolved
CitationSI 2002/2626

2002 No. 2626

MINISTERS OF THE CROWN

The Transfer of Functions (Transport, Local Government and the Regions) Order 2002

Made 22th October 2002

Laid before Parliament 4th November 2002

Coming into force 25th November 2002

At the Court at Buckingham Palace, the 22nd day of October 2002

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:

Preliminary

Preliminary

S-1 Citation and commencement

Citation and commencement

1.—(1) This Order may be cited as the Transfer of Functions (Transport, Local Government and the Regions) Order 2002.

(2) This Order comes into force on 25th November 2002.

S-2 Interpretation

Interpretation

2.—(1) In this Order “instrument”, without prejudice to the generality of that expression, includes in particular Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.

(2) In this Order a reference to a function of a Minister is to be read, in the case of a function which is exercisable by him jointly with another person or is otherwise shared by him with another person, as a reference to his share in that function.

(3) Any reference in this Order to the functions of a Minister under an enactment includes a reference to the functions of that Minister under an instrument having effect under that enactment.

Incorporation of First Secretary of State

Incorporation of First Secretary of State

S-3 Incorporation of the First Secretary of State

Incorporation of the First Secretary of State

3.—(1) The person who at the coming into force of this Order is the First Secretary of State and any successor to that person shall be, by that name, a corporation sole.

(2) The corporate seal of the First Secretary of State shall—

(a)

(a) be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and

(b)

(b) be officially and judicially noticed.

(3) Every document purporting to be an instrument made or issued by the First Secretary of State and to be—

(a)

(a) sealed with his corporate seal authenticated in the manner provided by paragraph (2), or

(b)

(b) signed or executed by a person authorised by a Secretary of State to act in that behalf,

shall be received in evidence and deemed to be so made or issued without further proof, unless the contrary is shown.

Transfer of functions to the Secretary of State

Transfer of functions to the Secretary of State

S-4 Transfer of functions to the Secretary of State

Transfer of functions to the Secretary of State

4. The functions of the Secretary of State for Transport, Local Government and the Regions under—

(a) section 4 of the Local Government, Planning and Land Act 19802, and

(b) section 74 of the Road Traffic Regulation Act 19843,

are hereby transferred to the Secretary of State.

Transfer of joint highways functions

Transfer of joint highways functions

S-5 Transfer of joint highways functions

Transfer of joint highways functions

5. The functions under sections 258 and 300(2) of the Highways Act 19804and paragraphs 7, 8, 14, 15, 18, 19 and 21 of Schedule 1 to that Act, so far as exercisable by the Secretary of State for Transport, Local Government and the Regions and the Secretary of State acting jointly, are hereby transferred to the Secretary of State for the time being having general responsibility in transport matters in relation to England and (if different) the Secretary of State for the time being having general responsibility in planning matters in relation to England acting jointly.

Transfers to the Secretary of State for Transport

Transfers to the Secretary of State for Transport

S-6 Transfer of functions to the Secretary of State for Transport

Transfer of functions to the Secretary of State for Transport

6.—(1) The functions of the Secretary of State for Transport, Local Government and the Regions under the New Forest Act 19495, the New Forest Act 19646and the New Forest Act 19707are hereby transferred to the Secretary of State for Transport.

(2) There are hereby transferred to the Secretary of State for Transport the functions conferred by the Town and Country Planning Act 19908on the Secretary of State for Transport, Local Government and the Regions as “the appropriate Minister” under section 265(1)(d) in relation to statutory undertakers carrying on any railway, light railway, tramway, road transport, dock, harbour, pier or lighthouse undertaking, the Civil Aviation Authority, a person who holds a licence under Chapter 1 of Part 1 of the Transport Act 20009, or a relevant airport operator (within the meaning of Part 5 of the Airports Act 198610.

S-7 Transfer of property, rights and liabilities to Secretary of State for Transport

Transfer of property, rights and liabilities to Secretary of State for Transport

7.—(1) All property, rights and liabilities to which the Secretary of State for Transport, Local Government and the Regions is entitled or subject at the coming into force of this Order in connection with the functions to which this article applies are hereby transferred to the Secretary of State for Transport.

(2) This article applies to—

(a)

(a) the functions transferred by articles 4, 5 and 6, and

(b)

(b) those functions which were entrusted to the Secretary of State for Transport, Local Government and the Regions immediately before 28th May 2002 and which have, before the making of this Order, been entrusted to the Secretary of State for Transport.

S-8 Transfers to Secretary of State for Transport: supplementary

Transfers to Secretary of State for Transport: supplementary

8.—(1) This Order does not affect the validity of anything done before the coming into force of this Order by or in relation to the Secretary of State for Transport, Local Government and the Regions in connection with a function to which article 7 applies.

(2) Anything which has been, or has effect as if, done by or in relation to the Secretary of State for Transport, Local Government and the Regions in connection with—

(a)

(a) a function to which article 7 applies, or

(b)

(b) anything transferred by that article,

shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the Secretary of State for Transport or, as the case may be, that Secretary of State and the First Secretary of State acting jointly.

(3) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for Transport, Local Government and the Regions may, so far as it relates to—

(a)

(a) a function to which article 7 applies, or

(b)

(b) anything transferred by that article,

be continued by or in relation to the Secretary of State for Transport or, as the case may be, that Secretary of State and the First Secretary of State acting jointly.

(4) So far as may be necessary for the purposes of or in consequence of the transfer or entrusting to the Secretary of State for Transport of a function to which article 7 applies, an enactment or instrument passed or made before the coming into force of this Order shall have effect as if—

(a)

(a) any reference to the Secretary of State for Transport, Local Government and the Regions were a reference to the Secretary of State for Transport,

(b)

(b) any reference to the Department for Transport, Local Government and the Regions were a reference to the Department for Transport, and

(c)

(c) any reference to an officer of the Secretary of State for Transport, Local Government and the Regions were a reference to an officer of the Secretary of State for Transport.

The references to which this paragraph applies include any reference that is to be construed as a reference to the Secretary of State for Transport, Local Government and the Regions, to his Department or to an officer of his.

(5) Documents or forms printed for use in connection with a function to which article 7 applies may be used in connection with that function notwithstanding that they contain (or are to be construed as containing) references to the Secretary of State for Transport, Local Government and the Regions, to his Department or to an officer of his.

(6) For the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Transport, to his Department or to an officer of his.

Transfers to the Secretary of State for Work and Pensions

Transfers to the Secretary of State for Work and Pensions

S-9 Transfer of property, rights and liabilities to the Secretary of State for Work and Pensions

Transfer of property, rights and liabilities to the Secretary of State for Work and Pensions

9.—(1) All property, rights and liabilities to which the Secretary of State for Transport, Local Government and the Regions or the Secretary of State for Transport is entitled or subject at the coming into force of this Order in connection with the functions to which this article applies are hereby transferred to the Secretary of State for Work and Pensions.

(2) This article applies to the functions which were entrusted to the Secretary of State for Transport, Local Government and the Regions immediately before 28th May 2002 and which have, before the making of this Order, been entrusted to the Secretary of State for Work and Pensions (which include functions which were entrusted to the Secretary of State for Transport immediately before 24th July 2002).

S-10 Transfers to the Secretary of State for Work and Pensions: supplementary

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