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The Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2007

S.I. 2007/661 · Made 4 March 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

lord chancellor

transfer of functions

Made 4th March 2007

Laid before Parliament 5th March 2007

Coming into force 1st April 2007

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 19 and 143 of the Constitutional Reform Act 2005f1:

Annotations to the whole text

Footnotes

f1

2005 c.4.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Transfer and abolition of functions
  4. Signature
  5. Schedule: Transfer and abolition of functions of the Lord Chancellor
  6. 1College of St George, Windsor Castle
  7. 2Corporation of the Sons of the Clergy
  8. 3Corporation of the Sons of the Clergy
  9. 4Royal Institution
  10. 5Royal Institution
  11. 6Royal Institution
  12. 7Harrow School
  13. 8Harrow School
  14. 9Rugby School
  15. 10Rugby School
  16. 11Charterhouse School
  17. 12Charterhouse School
  18. 13Gonville and Caius College, Cambridge
  19. 14Gonville and Caius College, Cambridge
  20. 15Oriel College, Oxford
  21. 16Oriel College, Oxford
  22. 17Oriel College, Oxford
  23. 18Oriel College, Oxford
  24. 19Oriel College, Oxford
  25. 20Oriel College, Oxford
  26. 21Oriel College, Oxford
  27. 22Oriel College, Oxford
  28. 23Oriel College, Oxford
  29. 24University College, Oxford
  30. 25University College, Oxford
  31. 26University College, Oxford
  32. 27University College, Oxford
  33. 28University College, Oxford
  34. 29University College, Oxford
  35. 30University College, Oxford
  36. 31University College, Oxford
  37. 32St Antony’s College, Oxford
  38. 33St Antony’s College, Oxford
  39. 34St Catharine’s College, Cambridge
  40. 35St Catharine’s College, Cambridge
  41. 36Trinity Hall, Cambridge
  42. 37Trinity Hall, Cambridge
  43. 38Pembroke College, Cambridge
  44. 39Pembroke College, Cambridge
  45. 40Corporation of the Church House
  46. 41Corporation of the Church House
  47. Explanatory note

1Citation and commencement

This Order may be cited as the Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2007 and shall come into force on 1st April 2007.

2Interpretation

A reference in this Order to any document or instrument is a reference to that document or instrument as amended.

3Transfer and abolition of functions

The Schedule has effect with respect to the transfer and abolition of functions of the Lord Chancellor and makes supplementary and consequential provision.

Signature

Falconer of Thoroton, C

Date 4th March 2007

1College of St George, Windsor Castle

(1)

The function of the Lord Chancellor as visitor of the College of St George, Windsor Castle, is transferred to the Crown.

(2)

Any function of the Lord Chancellor to adjudicate or determine a matter referred to him, whether in the first instance or by way of an appeal, which is exercisable by virtue of—

(a)

the statutes of the College of St George; or

(b)

any other instrument which has effect in respect of the constitution of that College,

together with any power of the Lord Chancellor which is exercisable in respect of such a function, is transferred to the Crown.

2Corporation of the Sons of the Clergy

The function of the Lord Chancellor as visitor of the Governors of the Charity for Relief of the poor Widows and Children of Clergymen, commonly known as the Corporation of the Sons of the Clergy, is abolished.

3Corporation of the Sons of the Clergy

(1)

The Charter of the Governors of the Charity for Relief of the poor Widows and Children of Clergymen, granted by His Majesty on 1st July 1678, is amended in accordance with this paragraph.

(2)

In the paragraph which makes provision for the Lord Archbishop of Canterbury and others to be the visitors of that corporation, omit—

(a)

“the Lord High Chancellor of England,”; and

(b)

“or Lord Keeper of the Great Seale of England,”.

4Royal Institution

The function of the Lord Chancellor as visitor of the Proprietors of the Royal Institution of Great Britain, commonly called the Royal Institution, is transferred to the Crown.

5Royal Institution

(1)

The Charter of the Proprietors of the Royal Institution of Great Britain, granted by His Majesty on 13th January 1800, is amended in accordance with this paragraph.

(2)

In paragraph 4 of the Schedule to the amendment to the Charter, made by Her Majesty in Council on 11th April 1984 (which makes different provision for a visitor of the Royal Institution), for “The Lord High Chancellor of Great Britain for the time being” substitute “The Crown”.

6Royal Institution

(1)

The Scheme referred to in that amendment, made by the Charity Commissioners for England and Wales on 10th April 1984, is amended in accordance with this paragraph.

(2)

In paragraph 7 (visitor), for “The Lord High Chancellor of Great Britain for the time being” substitute “The Crown”.

7Harrow School

The function of the Lord Chancellor of electing a member of the governing body of Harrow School is transferred to the Lord Chief Justice.

8Harrow School

(1)

The Statute of Harrow School, approved by Her Majesty in Council on 16th May 1871, is amended in accordance with this paragraph.

(2)

In subsection (1)(d) of clause 1 (members of the governing body), for “Lord Chancellor” substitute “Lord Chief Justice”.

9Rugby School

The function of the Lord Chancellor of appointing a member of the governing body of Rugby School is abolished.

10Rugby School

(1)

Clause 1 (members of the governing body) of Statute 2 of Rugby School, approved by Her Majesty in Council on 19th August 1871, is amended in accordance with this paragraph.

(2)

Omit “One member to be appointed by the Lord Chancellor for the time being”.

(3)

In the final paragraph, for “Nine” substitute “Ten”.

11Charterhouse School

The function of the Lord Chancellor of electing a member of the governing body of Charterhouse School is abolished.

12Charterhouse School

(1)

The statute of Charterhouse School for determining and establishing the constitution of the new governing body, approved by Her Majesty in Council on 28th July 1871, is amended in accordance with this paragraph.

(2)

In clause 1 (members of the governing body)—

(a)

omit “One member to be elected by the Lord Chancellor for the time being.”; and

(b)

in the final paragraph, for “Four” substitute “Five”.

13Gonville and Caius College, Cambridge

The function of the Lord Chancellor as the office through which the visitor of Gonville and Caius College in the University of Cambridge shall act is abolished.

14Gonville and Caius College, Cambridge

(1)

The statutes of Gonville and Caius College in the University of Cambridge, approved by His Majesty in Council on 30th April 1926, are amended in accordance with this paragraph.

(2)

In Statute 2 (the visitor), omit “acting through the Lord Chancellor of Great Britain for the time being”.

15Oriel College, Oxford

(1)

Subject to subparagraph (2), the functions of the Lord Chancellor under the statutes of the college of the Provost and Scholars of the House of the Blessed Mary the Virgin, commonly called Oriel College, in the University of Oxford are transferred to the visitor of that college.

(2)

The functions of the Lord Chancellor under—

(a)

clauses 2 and 3 of Statute 16 (the visitor); and

(b)

clauses 1 and 2 of Statute 18 (provisions relative to the university),

of the statutes of that college, approved by His Majesty in Council on 30th April 1926, are abolished.

16Oriel College, Oxford

The statutes of the college of the Provost and Scholars of the House of the Blessed Mary the Virgin in the University of Oxford, approved by His Majesty in Council on 30th April 1926, are amended as follows.

17Oriel College, Oxford

Omit clause 2 of Statute 1 (the college).

18Oriel College, Oxford

(1)

Statute 2 (the provost) is amended in accordance with this paragraph.

(2)

For “Lord Chancellor”, wherever those words occur, substitute “Visitor” in—

(a)

clause 2;

(b)

clause 4; and

(c)

clause 5.

19Oriel College, Oxford

In clause 8(5) of Statute 3 (the fellows), for “Lord Chancellor” substitute “Visitor”.

20Oriel College, Oxford

In clause 1 of Statute 11 (divine service), for “Lord Chancellor” substitute “Visitor”.

21Oriel College, Oxford

In Statute 14 (bylaws), for “Lord Chancellor” substitute “Visitor”.

22Oriel College, Oxford

(1)

Statute 16 (the visitor) is amended in accordance with this paragraph.

(2)

Omit clauses 2, 3 and 9.

(3)

In clause 4, omit “or the Lord Chancellor”.

(4)

For “Lord Chancellor”, wherever those words occur, substitute “Visitor” in—

(a)

clause 5;

(b)

clause 6; and

(c)

clause 7.

23Oriel College, Oxford

Omit clauses 1 and 2 of Statute 18 (provisions relative to the university).

24University College, Oxford

(1)

Subject to subparagraph (2), the functions of the Lord Chancellor under the statutes of the College of the Great Hall of the University, commonly called University College, in the University of Oxford are transferred to the High Steward of the University of Oxford.

(2)

The function of the Lord Chancellor under clause 4 of Statute 11 of the statutes of that college, approved by His Majesty in Council on 30th April 1926, in respect of appeals from a scholar who may have been deprived of his scholarship, is abolished.

25University College, Oxford

The statutes of the College of the Great Hall of the University in the University of Oxford, approved by His Majesty in Council on 30th April 1926, are amended as follows.

26University College, Oxford

In clause 3 (interpretation) of Statute 1 (repeal, interpretation, etc), for the first paragraph substitute—

“The words ‘High Steward’ shall mean the High Steward of the University of Oxford.”.

27University College, Oxford

(1)

Statute 2 (the master and vice-master) is amended in accordance with this paragraph.

(2)

For “Lord Chancellor”, wherever those words occur, substitute “High Steward” in—

(a)

clause 2 (election to mastership);

(b)

clause 3 (admission to mastership);

(c)

clause 8 (temporary pension); and

(d)

clause 10 (residence of the master).

(3)

In clause 3, omit the words from “If the Great Seal” to “of this clause.”.

28University College, Oxford

(1)

Statute 3 (the fellows) is amended in accordance with this paragraph.

(2)

For “Lord Chancellor”, wherever those words occur, substitute “High Steward” in—

(a)

clause 3 (distribution of fellowships);

(b)

clause 7 (chaplain fellowship); and

(c)

clause 19 (deprivation of fellows).

29University College, Oxford

(1)

Statute 8 (disposal of revenue) is amended in accordance with this paragraph.

(2)

For “Lord Chancellor”, wherever those words occur, substitute “High Steward” in—

(a)

clause 3 (scheme for suspension of payments, etc);

(b)

clause 4 (schemes for employment of superabundant revenue);

(c)

clause 6 (communication of scheme to council);

(d)

clause 7 (confirmation of scheme); and

(e)

clause 8 (surplus revenue).

30University College, Oxford

(1)

Statute 11 (the visitor) is amended in accordance with this paragraph.

(2)

For “Lord Chancellor”, wherever those words occur, substitute “High Steward” in—

(a)

clause 2 (right to annul improper by-laws);

(b)

clause 3 (right to inquire as to observance of the statutes);

(c)

clause 4 (right of appeal);

(d)

clause 5 (power to declare meaning of the statutes); and

(e)

clause 6 (decision to be binding).

(3)

In clause 4 (right of appeal), omit “or for any Scholar who may have been deprived of his Scholarship,”.

31University College, Oxford

(1)

Statute 13 (provisions relative to the university) is amended in accordance with this paragraph.

(2)

For “Lord Chancellor”, wherever those words occur, substitute “High Steward” in—

(a)

clause 1 (representations as to provisions affecting the university);

(b)

clause 2 (representations as to election of stipendiary fellows); and

(c)

clause 4 (decisions).

32St Antony’s College, Oxford

The function of the Lord Chancellor as visitor of St Antony’s College in the University of Oxford is transferred to the Crown.

33St Antony’s College, Oxford

(1)

The statutes of St Antony’s College in the University of Oxford, approved by Her Majesty in Council on 1st April 1953, are amended in accordance with this paragraph.

(2)

In clause 1 of Statute 12 (the visitor), for “the Lord High Chancellor for the time being” substitute “the Crown”.

34St Catharine’s College, Cambridge

The function of the Lord Chancellor as the office through which the visitor of the College or Hall of St Catharine the Virgin, commonly called St Catharine’s College, in the University of Cambridge shall act is abolished.

35St Catharine’s College, Cambridge

(1)

The statutes of the College or Hall of St Catharine the Virgin in the University of Cambridge, approved on behalf of Her Majesty on 6th December 1961, are amended in accordance with this paragraph.

(2)

In Statute 2 (the visitor), omit “acting through the Lord High Chancellor of Great Britain for the time being”.

36Trinity Hall, Cambridge

The function of the Lord Chancellor as the office through which the visitor of the College or Hall of the Holy Trinity, commonly called Trinity Hall, in the University of Cambridge shall act is abolished.

37Trinity Hall, Cambridge

(1)

The statutes of the College or Hall of the Holy Trinity in the University of Cambridge, approved by Her Majesty in Council on 28th November 1967, are amended in accordance with this paragraph.

(2)

In section 1 (the visitor) of Statute 2 (the government of the college), omit “acting through the Lord Chancellor”.

38Pembroke College, Cambridge

The function of the Lord Chancellor as the office through which the visitor of the College or Hall of Valence Mary, commonly called Pembroke College, in the University of Cambridge shall act is abolished.

39Pembroke College, Cambridge

(1)

The statutes of the College or Hall of Valence Mary in the University of Cambridge, approved by Her Majesty on 19th December 1990, are amended in accordance with this paragraph.

(2)

In section 1 (the visitor) of Statute 2 (the government of the college), omit “acting through the Lord Chancellor”.

40Corporation of the Church House

The function of the Lord Chancellor as an ex-officio member of the Council of the Corporation of the Church House is abolished.

41Corporation of the Church House

(1)

The Charter of the Corporation of the Church House, granted by Her Majesty on 8th July 2002, is amended in accordance with this paragraph.

(2)

In Article 11 (number of members of the council), for “ten” substitute “nine”.

(3)

In Article 12 (quorum of the council), for “nine” substitute “eight”.

(4)

In paragraph 1 of Article 13 (ex officio members of the council), omit “Lord High Chancellor of Great Britain,”.

Explanatory note

(This note is not part of the Order)

This Order abolishes or transfers functions of the Lord Chancellor which are exercised in respect of colleges and charitable institutions, including those exercised by the Lord Chancellor as visitor to such institutions.

Where functions are transferred, this Order provides for those functions to be vested either in the Crown or in another suitable office, and makes supplementary and consequential provision as necessary.