The Transfer of Functions (Science) Order 1992

This Order may be cited as the Transfer of Functions (Science) Order 1992.

In this Order—

• “the Chancellor” means the Chancellor of the Duchy of Lancaster;

• “instrument”, without prejudice to the generality of that expression, includes in particular Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts, memoranda and articles of association, certificates and other documents;

• “the Minister” means the Minister for the Civil Service;

• “the Office” means the Office of Public Service and Science.

This Order shall come into force on 6th July 1992.

The functions of the Secretary of State under sections 2 and 3 of, and Schedules 1 and 3 to, the Science and Technology Act 1965^f1 are hereby transferred to the Minister.

As regards section 5 of that Act—

but nothing in this Order shall be taken as implying that the functions of the Secretary of State under section 99 of the Electricity Act 1989^f2 are to become concurrently exercisable by any other Minister of the Crown.

The functions conferred on the Secretary of State by—

shall also be exercisable concurrently by the Minister.

The function conferred on the Secretary of State for Education and Science under section 1(1) of the Agricultural Research etc. (Pensions) Act 1961^f6 by virtue of the Secretary of State for Education and Science Order 1964^f7 is hereby transferred to the Minister.

There are hereby transferred to the Minister the functions of the Secretary of State for Education and Science under the Royal Charters of—

There are hereby also transferred to the Minister the functions of the Secretary of State for Education and Science under the constitution of any research institute or other body in receipt of grant from the Agricultural and Food Research Council under section 1 of the Agricultural Research Act 1956^f8.

With any functions transferred to the Minister by this Order there are hereby also transferred to him all property, rights and liabilities to which the Secretary of State for Education and Science is entitled or subject in connection with those functions at the coming into force of this Order.

Any legal proceedings to which the Secretary of State for Education and Science is a party at the coming into force of this Order may, if they relate to functions, property, rights or liabilities transferred by this Order to the Minister, be continued by or against the Minister.

This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State for Education and Science before the coming into force of this Order; and anything 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 Education and Science may, if it relates to functions, property, rights or liabilities transferred by this Order to the Minister, be continued by or in relation to the Minister.

Any approval, consent, direction, or appointment given or made, or other thing whatever done, by the Secretary of State for Education and Science in the exercise of any functions transferred by this Order (or having effect as if so given, made or done) shall, if in force at the coming into force of this Order, continue in force and have effect as if similarly given, made or done by the Minister.

The enactments and instruments specified in the Schedule to this Order shall have effect with the amendments there specified.

Subject to paragraph (1) above, any enactment or instrument passed or made before the coming into force of this Order shall have effect so far as necessary for the purpose or in consequence of the transfers effected by this Order as if—

Subject to paragraphs (1) and (2) above, any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purpose or in consequence of article 5 above, as if for any reference to the Secretary of State for Education and Science, the Department of Education and Science or any officer of that Department (including, in each case, any reference which is to be construed as such a reference) there were substituted a reference to the Secretary of State for Education or, as the case may be, the Department for Education or an officer of that Department.

In the Science and Technology Act 1965^f1, for the words “Secretary of State”, wherever occurring in sections 2 and 3 and Schedules 1 and 3, there shall be substituted the words “Minister for the Civil Service or the Chancellor of the Duchy of Lancaster”.

In subsection (1) of section 5 of that Act, after the words “Secretary of State”, where first occurring, there shall be inserted the words “, the Minister for the Civil Service or the Chancellor of the Duchy of Lancaster”.

For paragraph (b) of that subsection there shall be substituted—

“(b)

in furthering the practical application of the results of scientific research;”.

In paragraph (c) of that subsection, for the words “ or Minister, as the case may be,” there shall be substituted the words “or, as the case may be, the Minister for the Civil Service or the Chancellor of the Duchy of Lancaster”.

for the entry “Department of Education and Science” there shall be substituted the entry “Department for Education”;

the entry “Office of the Minister for the Civil Service” shall be omitted;

there shall be inserted in the appropriate place the entry “Office of Public Service and Science”; and

in Note 6 (scope of the references to the Office of the Minister for the Civil Service etc.) for the words “Office of the Minister for the Civil Service”, wherever occurring, there shall be substituted the words “Office of Public Service and Science”.

In section 1 of the Education Act 1986^f1, after subsection (1), there shall be inserted—

“(1A)

The power of the Secretary of State to make grants under section 1(1)(a) above is also exercisable by the Minister for the Civil Service and by the Chancellor of the Duchy of Lancaster.”

In subsection (2) and (3) of that section, and in section 5 of that Act, after the words “Secretary of State”, wherever occurring, there shall be inserted the words “, the Minister for the Civil Service or the Chancellor of the Duchy of Lancaster”.

In section 213(1) of the Education Reform Act 1988^f1, after the words “The Secretary of State” there shall be inserted the words “, the Minister for the Civil Service or the Chancellor of the Duchy of Lancaster”.

In section 233 of that Act, in paragraph (a), after the words “the Secretary of State” there shall be inserted the words “, the Minister for the Civil Service or the Chancellor of the Duchy of Lancaster”.

in regulations 2, 3, 4, 14 and 17, and in regulation 18 other than paragraph (2)(e), after the words “Secretary of State”, wherever occurring, there shall be inserted the words “, the Minister for the Civil Service or the Chancellor of the Duchy of Lancaster”; and

in regulation 14, for the words “in his opinion” there shall be substituted the words “in the opinion of the Secretary of State”.

for the words “Our Secretary of State may, with the approval of Our Minister for the Civil Service,”, wherever occurring, there shall be substituted the words “Our Minister for the Civil Service or Our Chancellor of the Duchy of Lancaster, with the approval of Our Minister for the Civil Service, may”;

for the words “approval of Our Secretary of State and Our Minister for the Civil Service”, wherever occurring, there shall be substituted the words “approval of Our Minister for the Civil Service or of Our Chancellor of the Duchy of Lancaster and Our Minister for the Civil Service”; and

subject to paragraphs (a) and (b) above, the words “Our Minister for the Civil Service or Our Chancellor of the Duchy of Lancaster” shall be substituted for the words “Our Secretary of State”, wherever occurring, except—