Explanatory note

This Order transfers to other ministers functions formerly entrusted to the Home Secretary and makes provision in connection with the entrusting to other ministers of those functions and of other functions formerly entrusted to the Home Secretary.

Article 3 transfers to the Lord Chancellor the functions set out in Schedule 1, which include in particular the functions of the Secretary of State under the Data Protection Act 1998, the Human Rights Act 1998 and the Freedom of Information Act 2000.

Article 4 makes supplemental provision in relation to the transfers of functions effected by article 3 and in relation to the entrusting to the Lord Chancellor of other functions formerly entrusted to the Home Secretary. Those other functions include in particular functions in relation to the Monarchy, the Channel Islands and the Isle of Man, ecclesiastical matters and marriage.

Article 5 transfers to the Secretary of State for Transport, Local Government and the Regions the Home Secretary’s function as the source of loans to the Fire Service College trading fund and his membership of the Speaker’s Committee.

Article 6 makes supplemental provision in relation to the transfers of functions effected by article 5 and in relation to the entrusting to other Secretaries of State of other functions formerly entrusted to the Home Secretary. Those other functions include in particular functions in relation to gambling, horse-racing and liquor licensing (transferred to the Secretary of State for Culture, Media and Sport), functions in relation to street trading (transferred to the Secretary of State for Trade and Industry), functions in relation to fire services, fire precautions and elections (transferred to the Secretary of State for Transport, Local Government and the Regions) and functions in relation to animals (transferred to the Secretary of State for Environment, Food and Rural Affairs).

Article 7 transfers to the Secretary of State for Environment, Food and Rural Affairs and the Lord Chancellor, acting jointly, functions in relation to plant varieties and seeds in the Isle of Man.

Article 8 and Schedule 2 make consequential amendments to legislation.