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The Transfer of Functions (Media and Telecommunications etc.) Order 2011

S.I. 2011/741 · Made 16 March 2011

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.

Ministers Of The Crown

Made 16th March 2011

Laid before Parliament 23rd March 2011

Coming into force 13th April 2011

At the Court at Buckingham Palace, the 16th day of March 2011

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by sections 1 and 2 of the Ministers of the Crown Act 1975f1, is pleased, by and with the advice of Her Privy Council, to order as follows:

Annotations to the whole text

Footnotes

f1

1975 c. 26. Section 1 was amended by section 20 of the Constitutional Reform Act 2005 (c. 4).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Transfers of functions to the Secretary of State for Culture, Olympics, Media and Sport
  4. 4Transfer of property, rights and liabilities
  5. 5Supplementary
  6. 6Consequential amendments
  7. Signature
  8. Schedule 1PROVISIONS REFERRED TO IN ARTICLE 3
  9. Schedule 2: CONSEQUENTIAL AMENDMENTS
  10. 1Regional Development Agencies Act 1998 (c. 45)
  11. 2Housing and Regeneration Act 2008 (c. 17)
  12. 3Crossrail Act 2008 (c. 18)
  13. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Transfer of Functions (Media and Telecommunications etc.) Order 2011.

(2)

This Order comes into force on 13th April 2011.

2Interpretation

(1)

In this Order “instrument” includes Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.

(2)

For the purposes of this Order, a function is a “former BIS function” so far as—

(a)

it is transferred by article 3, or

(b)

it was entrusted to the Secretary of State for Business, Innovation and Skills immediately before 21st December 2010 and has before the making of this Order been entrusted to the Secretary of State for Culture, Olympics, Media and Sport.

3Transfers of functions to the Secretary of State for Culture, Olympics, Media and Sport

The functions of the Secretary of State for Business, Innovation and Skills under or by virtue of the provisions mentioned in Schedule 1 (functions relating to the operators of electronic communications code networks or to electronic communications apparatus etc.) are transferred to the Secretary of State for Culture, Olympics, Media and Sport.

4Transfer of property, rights and liabilities

There are transferred to the Secretary of State for Culture, Olympics, Media and Sport all property, rights and liabilities to which the Secretary of State for Business, Innovation and Skills is entitled or subject at the coming into force of this Order in connection with any former BIS function.

5Supplementary

(1)

This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State for Business, Innovation and Skills before the coming into force of this Order.

(2)

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 Business, Innovation and Skills may, so far as it relates to a former BIS function or anything transferred by article 4, be continued by or in relation to the Secretary of State for Culture, Olympics, Media and Sport.

(3)

Anything done (or having effect as if done) by or in relation to the Secretary of State for Business, Innovation and Skills in connection with a former BIS function or anything transferred by article 4 has effect, so far as is necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Culture, Olympics, Media and Sport.

(4)

Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of—

(a)

the transfer or entrusting to the Secretary of State for Culture, Olympics, Media and Sport of any former BIS function, or

(b)

the transfer of anything by article 4,

as if references to (and references which are to be read as references to) the Secretary of State for Business, Innovation and Skills were or included references to the Secretary of State for Culture, Olympics, Media and Sport.

(5)

In paragraphs (1) to (4) references to the Secretary of State for Business, Innovation and Skills include references to the department or an officer of that Secretary of State, and references to the Secretary of State for Culture, Olympics, Media and Sport are to be read accordingly.

6Consequential amendments

Schedule 2 has effect.

Signature

Judith Simpson

Clerk of the Privy Council

Schedule 1PROVISIONS REFERRED TO IN ARTICLE 3

The provisionsf1 referred to in article 3 are—

(a)

paragraph 14(7) of Schedule 28 to the Local Government, Planning and Land Act 1980 f2;

(b)

paragraph 16(9) of that Schedulef3;

(c)

section 26(8) of the New Towns Act 1981f4;

(d)

section 39(7)(b) of that Actf5;

(e)

paragraph 12(8)(b) of Schedule 10 to the Housing Act 1988f6;

(f)

paragraph 14(10)(b) of that Schedulef7;

(g)

section 272(5)(b) and (6)(b) of the Town and Country Planning Act 1990f8;

(h)

section 273(8)(b) of that Actf9;

(i)

section 274(6) of that Actf10;

(j)

paragraph 9(8)(b) of Schedule 6 to the Regional Development Agencies Act 1998f11;

(k)

paragraph 11(10)(b) of that Schedulef12;

(l)

paragraph 8(4)(b) of Schedule 4 to the Housing and Regeneration Act 2008f13;

(m)

paragraph 15(2)(b) of that Schedulef14;

(n)

paragraph 6(3) of Part 4 of Schedule 17 to the Crossrail Act 2008f15.

1Regional Development Agencies Act 1998 (c. 45)

In paragraphs 9(8)(b) and 11(10)(b) of Schedule 6 to the Regional Development Agencies Act 1998, for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Culture, Olympics, Media and Sport”.

2Housing and Regeneration Act 2008 (c. 17)

In the following provisions of Schedule 4 to the Housing and Regeneration Act 2008f1, for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Culture, Olympics, Media and Sport”—

(a)

paragraph 8(4)(b),

(b)

paragraph 15(2)(b), and

(c)

paragraph 40(1)(b).

3Crossrail Act 2008 (c. 18)

In paragraph 6(3) of Part 4 of Schedule 17 to the Crossrail Act 2008, for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Culture, Olympics, Media and Sport”.

Explanatory note

(This note is not part of the Order)

This Order in Council is made under sections 1 and 2 of the Ministers of the Crown Act 1975. It makes provision in connection with the transfer of functions from the Secretary of State for Business, Innovation and Skills to the Secretary of State for Culture, Olympics, Media and Sport.

The responsibilities transferred to the Secretary of State for Culture, Olympics, Media and Sport were set out in a Written Statement to Parliament dated 18 January 2011: see Hansard (House of Commons) 18 January 2011 at column 35-36WS, available at www.parliament.uk.

Article 3 and Schedule 1 transfer to the Secretary of State for Culture, Olympics, Media and Sport certain functions of the Secretary of State for Business, Innovation and Skills.

Article 4 makes provision for the transfer of property, rights and liabilities in connection with the transfer of functions under article 3 and the entrusting of functions to the Secretary of State for Culture, Olympics, Media and Sport. Article 5 makes supplementary provision.

Article 6 and Schedule 2 make consequential amendments to Acts of Parliament.

Nothing in this Order alters the functions of the Welsh Ministers, the Scottish Ministers or the devolved authorities in Northern Ireland.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.