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The Transfer of Functions (War Pensions etc.) Order 2001

S.I. 2001/3506 · Made 31 October 2001

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 31st October 2001

Laid before Parliament 12th November 2001

Coming into force 3rd December 2001

At the Court at Buckingham Palace, the 31st day of October 2001

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 1975f1, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

1975 c. 26.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Transfer of functions
  3. 3Transfer of property, rights and liabilities
  4. 4Supplementary and consequential
  5. 5Supplementary and consequential
  6. Signature
  7. Schedule: CONSEQUENTIAL AMENDMENTS
  8. Pensions Appeal Tribunals Act 1943 (c. 39)
  9. 1Paragraph 1
  10. Income and Corporation Taxes Act 1988 (c. 1)
  11. 2Paragraph 2
  12. Social Security Act 1989 (c. 24)
  13. 3Paragraph 3
  14. Social Security Administration Act 1992 (c. 5)
  15. 4Paragraph 4
  16. Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 (S.I. 1980/1082)
  17. 5Paragraph 5
  18. Pensions Appeal Tribunals Rules
  19. 6Paragraph 6
  20. Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000 (S.I. 2000/2417)
  21. 7Paragraph 7
  22. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Transfer of Functions (War Pensions etc.) Order 2001.

(2)

This Order comes into force on 3rd December 2001.

(3)

In this Order, “the war pensions functions” means such of the functions of the Secretary of State as—

(a)

immediately before 7th June 2001, were entrusted to the Secretary of State for Social Security, and

(b)

have, before the making of this Order, been entrusted to the Secretary of State for Defence.

2Transfer of functions

There are transferred to the Secretary of State the functions of the Secretary of State for Social Security under—

(a)

the Pensions Appeal Tribunals Act 1943f1, and

(b)

section 315(3) of the Income and Corporation Taxes Act 1988f2.

3Transfer of property, rights and liabilities

All property, rights and liabilities to which the Secretary of State for Social Security is entitled or subject at the coming into force of this Order in connection with the war pensions functions or the functions transferred by article 2 are transferred to the Secretary of State for Defence.

4Supplementary and consequential

(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 Social Security 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 Social Security may, so far as it relates to any of the war pensions functions or to anything transferred by this Order, be continued by or in relation to the Secretary of State for Defence.

(3)

Anything done (or having effect as if done) by or in relation to the Secretary of State for Social Security for the purposes of or in connection with any of the war pensions functions or anything transferred by this Order has effect, if in force at the coming into force of this Order, as if done by or in relation to the Secretary of State for Defence so far as is required for continuing its effect after the coming into force of this Order.

(4)

Documents or forms printed for use in connection with the war pensions functions or the functions transferred by article 2 may be used in connection with those functions even though they contain, or are to be read as containing, references to the Secretary of State for Social Security, the Department of Social Security or an officer of the Secretary of State for Social Security; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Defence, the Ministry of Defence or an officer of the Secretary of State for Defence (as appropriate).

(5)

Any enactment or instrument passed or made before the coming into force of this Order has effect—

(a)

so far as is necessary for the purposes of or in consequence of article 2, as if references to (and references which are to be read as references to) the Secretary of State for Social Security, his department or officers were references to the Secretary of State, his department or officers (as appropriate),

(b)

so far as is necessary for the purposes of or in consequence of article 3, or of the entrusting to the Secretary of State for Defence of the war pensions functions, as if references to (and references which are to be read as references to) the Secretary of State for Social Security, his department or officers were references to the Secretary of State for Defence, the Ministry of Defence or officers of the Secretary of State for Defence (as appropriate).

(6)

In paragraph (5) “instrument”, without prejudice to the generality of that expression, includes in particular Orders in Council, judgments, decrees, orders, rules, regulations, schemes, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents.

5Supplementary and consequential

The Schedule to this Order (consequential amendments) has effect.

Signature

A. K. Galloway

Clerk of the Privy Council

1

In section 12(1) of the Pensions Appeal Tribunals Act 1943, for the definition of “the Minister”f1 substitute—

  • ““the Minister” means the Secretary of State;”

2

In section 315(3) of the Income and Corporation Taxes Act 1988f1, for “Secretary of State for Social Security” substitute “Secretary of State”.

3

In section 25 of the Social Security Act 1989, in the definition of “war pension”, for the words from “, the Minister” to “Chelsea;” substitute “or the Commissioners for the Royal Hospital for Soldiers at Chelsea, or a pension or benefit administered by the Minister of the Crown with responsibility for defence (except one administered by him in the exercise of functions transferred to him from the Secretary of State for Social Security);”.

4

(1)

Schedule 4 to the Social Security Administration Act 1992 is amended as follows.

(2)

In Part 1, under “Government departments”, after paragraph (c) insert—

“(d)

the Ministry of Defence.”

(3)

In Part 2, after paragraph 3 insert—

“3A

The reference in Part 1 of this Schedule to the Ministry of Defence is a reference to it only to the extent that the functions carried out in it relate to war pensions.”

5

In article 1(2) of the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980f1, omit the definition of “Secretary of State”.

6

In—

(a)

rule 4(3) of the Pensions Appeal Tribunals (England and Wales) Rules 1980f1,

(b)

rule 4(3) of the Pensions Appeal Tribunals (Scotland) Rules 1981f2, and

(c)

rule 4(3) of the Pensions Appeal Tribunals (Northern Ireland) Rules 1981f3,

for the words from “Secretary of State” to the end substitute “Secretary of State for Defence”.

7

In Part 1 of the Schedule to the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000, omit—

(a)

in column 2, “Senior Executive Officer in War Pensions Agency”,

(b)

in column 3, “Higher Executive Officer in War Pensions Agency”.

Explanatory note

(This note is not part of the Order)

Article 2 of this Order transfers to the Secretary of State functions of the Secretary of State for Social Security relating to war pensions.

Article 3 transfers to the Secretary of State for Defence property, rights and liabilities to which the Secretary of State for Social Security is entitled or subject in connection with the functions transferred by article 2 and other war pensions functions formerly entrusted to him.

Articles 4 and 5 and the Schedule contain supplementary and consequential provision in connection with the transfers made by the Order and the entrusting to the Secretary of State for Defence of war pensions functions formerly entrusted to the Secretary of State for Social Security.