OpenLegislation

The Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001

S.I. 2001/2568 · Made 18 July 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 18th July 2001

Laid before Parliament 23rd July 2001

Coming into force 13th August 2001

At the Court at Buckingham Palace, the 18th day of July 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. Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. Incorporation of new Secretaries of State
  5. 3Incorporation of the Secretary of State for Transport, Local Government and the Regions
  6. 4Incorporation of the Secretary of State for Environment, Food and Rural Affairs
  7. Transfer of functions from or to the Secretary of State
  8. 5Transfer of certain functions of the Secretary of State
  9. 6Transfer of functions to Secretary of State
  10. Transfers to Secretary of State for Transport, Local Government and the Regions
  11. 7Transfer of functions to Secretary of State for Transport, Local Government and the Regions
  12. 8Transfer of certain immovable property
  13. 9Transfer of property, rights and liabilities to Secretary of State for Transport, Local Government and the Regions
  14. 10Transfers to Secretary of State for Transport, Local Government and the Regions: supplementary
  15. Transfers to Secretary of State for Environment, Food and Rural Affairs
  16. 11Transfer of property, rights and liabilities to Secretary of State for Environment, Food and Rural Affairs
  17. 12Transfers to Secretary of State for Environment, Food and Rural Affairs: supplementary
  18. Transfers to Secretary of State for Trade and Industry
  19. 13Transfer of property, rights and liabilities to Secretary of State for Trade and Industry
  20. 14Transfers to Secretary of State for Trade and Industry: supplementary
  21. Minor and consequential provisions
  22. 15Immovable property outside the United Kingdom
  23. 16Consequential amendments
  24. Signature
  25. Schedule: CONSEQUENTIAL AMENDMENTS
  26. Transport Act 1962 (c. 46)
  27. 1Paragraph 1
  28. Parliamentary Commissioner Act 1967 (c. 13)
  29. 2Paragraph 2
  30. Transport Act 1968 (c. 73)
  31. 3Paragraph 3
  32. Courts Act 1971 (c. 23)
  33. 4Paragraph 4
  34. Fair Trading Act 1973 (c. 41)
  35. 5Paragraph 5
  36. Local Government, Planning and Land Act 1980 (c. 65)
  37. 6Paragraph 6
  38. Road Traffic Regulation Act 1984 (c. 27)
  39. 7Paragraph 7
  40. Airports Act 1986 (c. 31)
  41. 8Paragraph 8
  42. Town and Country Planning Act 1990 (c. 8)
  43. 9Paragraph 9
  44. Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
  45. 10Paragraph 10
  46. Planning (Hazardous Substances) Act 1990 (c. 10)
  47. 11Paragraph 11
  48. Water Resources Act 1991 (c. 57)
  49. 12Paragraph 12
  50. Land Drainage Act 1991 (c. 59)
  51. 13Paragraph 13
  52. Transport and Works Act 1992 (c. 42)
  53. 14Paragraph 14
  54. Channel Tunnel Rail Link Act 1996 (c. 61)
  55. 15Paragraph 15
  56. Town and Country Planning (Scotland) Act 1997 (c. 8)
  57. 16Paragraph 16
  58. National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)
  59. 17Paragraph 17
  60. Regulation of Investigatory Powers Act 2000 (c. 23)
  61. 18Paragraph 18
  62. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001.

(2)

This Order shall come into force on 13th August 2001.

2Interpretation

(1)

In this Order—

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

  • “property”, except in article 8, does not include immovable property.

(2)

In this Order a reference to function of a Minister shall, in the case of a function which is exercisable by him jointly with another person or is otherwise shared by him with another person, be construed as a reference to his share in that function.

3Incorporation of the Secretary of State for Transport, Local Government and the Regions

(1)

The person who at the coming into force of this Order is the Secretary of State for Transport, Local Government and the Regions and any successors to that person shall be, by that name, a corporation sole.

(2)

The corporate seal of the Secretary of State for Transport, Local Government and the Regions shall—

(a)

be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and

(b)

be officially and judicially noticed.

(3)

Every document purporting to be an instrument made or issued by the Secretary of State for Transport, Local Government and the Regions and—

(a)

to be sealed with his corporate seal authenticated in the manner provided by paragraph (2), or

(b)

to be signed or executed by a person authorised by a Secretary of State to act in that behalf,

shall be received in evidence and deemed to be so made or issued without further proof, unless the contrary is shown.

(4)

A certificate signed by the Secretary of State for Transport, Local Government and the Regions that any instrument purporting to be made or issued by—

(a)

the Secretary of State for Transport, Local Government and the Regions,

(b)

the Secretary of State for the Environment, Transport and the Regions,

(c)

the Secretary of State for the Environment, or

(d)

the Secretary of State for Transport,

was so made or issued shall be conclusive evidence of that fact.

(5)

The Documentary Evidence Act 1868f1 shall apply in relation to the Secretary of State for Transport, Local Government and the Regions—

(a)

as if references to orders and regulations included references to any document, and

(b)

as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.

4Incorporation of the Secretary of State for Environment, Food and Rural Affairs

(1)

The person who at the coming into force of this Order is the Secretary of State for Environment, Food and Rural Affairs and any successors to that person shall be, by that name, a corporation sole.

(2)

The corporate seal of the Secretary of State for Environment, Food and Rural Affairs shall—

(a)

be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and

(b)

be officially and judicially noticed.

(3)

Every document purporting to be an instrument made or issued by the Secretary of State for Environment, Food and Rural Affairs and to be—

(a)

sealed with his corporate seal authenticated in the manner provided by paragraph (2), or

(b)

signed or executed by a person authorised by a Secretary of State to act in that behalf,

shall be received in evidence and deemed to be so made or issued without further proof, unless the contrary is shown.

(4)

A certificate signed by the Secretary of State for Environment, Food and Rural Affairs that any instrument purporting to be made or issued by—

(a)

the Secretary of State for Environment, Food and Rural Affairs,

(b)

the Secretary of State for the Environment, Transport and the Regions, or

(c)

the Secretary of State for the Environment,

was so made or issued shall be conclusive evidence of that fact.

(5)

The Documentary Evidence Act 1868f1 shall apply in relation to the Secretary of State for Environment, Food and Rural Affairs—

(a)

as if references to orders and regulations included references to any document, and

(b)

as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.

5Transfer of certain functions of the Secretary of State

The functions of the Secretary of State under section 29(4) of and paragraph 2 of Schedule 3 to the Channel Tunnel Rail Link Act 1996f1 are hereby transferred to the Secretary of State for Transport, Local Government and the Regions and the Secretary of State for Environment, Food and Rural Affairs, acting jointly.

6Transfer of functions to Secretary of State

(1)

The function of the Secretary of State for the Environment, Transport and the Regions under section 7(6) of the Road Traffic Regulation Act 1984f1 is hereby transferred to the Secretary of State.

(2)

The function of the Secretary of State for the Environment, Transport and the Regions under section 35(3)(a) of the Land Drainage Act 1991f2 is hereby transferred to the Secretary of State.

7Transfer of functions to Secretary of State for Transport, Local Government and the Regions

(1)

The functions of the Secretary of State for the Environment, Transport and the Regions are hereby transferred to the Secretary of State for Transport, Local Government and the Regions.

(2)

This article does not apply to any function transferred by article 6.

8Transfer of certain immovable property

All immovable property in the United Kingdom to which the Secretary of State for the Environment, Transport and the Regions is entitled at the coming into force of this Order is hereby transferred to the Secretary of State for Transport, Local Government and the Regions.

9Transfer of property, rights and liabilities to Secretary of State for Transport, Local Government and the Regions

(1)

All property, rights and liabilities to which the Secretary of State for the Environment, Transport and the Regions is entitled or subject at the coming into force of this Order are hereby transferred to the Secretary of State for Transport, Local Government and the Regions.

(2)

This article does not apply to any property, rights or liabilities which are transferred by article 11 or 13.

10Transfers to Secretary of State for Transport, Local Government and the Regions: supplementary

(1)

This article applies to—

(a)

the functions of the Secretary of State for the Environment, Transport and the Regions which are transferred by article 7, and

(b)

those functions which were entrusted to that Secretary of State before 7th June 2001 and which have, before the making of this Order, been entrusted to the Secretary of State for Transport, Local Government and the Regions.

(2)

This Order does not affect the validity of anything done before the coming into force of this Order by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with a function to which this article applies.

(3)

Anything which has been, or has effect as if, done by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with—

(a)

a function to which this article applies, or

(b)

anything transferred by article 8 or 9,

shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the Secretary of State for Transport, Local Government and the Regions.

(4)

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 the Environment, Transport and the Regions may, so far as it relates to—

(a)

a function to which this article applies, or

(b)

anything transferred by article 8 or 9,

be continued by or in relation to the Secretary of State for Transport, Local Government and the Regions.

(5)

So far as may be necessary for the purposes of or in consequence of the transfer or entrusting to the Secretary of State for Transport, Local Government and the Regions of a function to which this article applies, an enactment or instrument passed or made before the coming into force of this Order shall have effect as if—

(a)

any reference to the Secretary of State for the Environment, Transport and the Regions were a reference to the Secretary of State for Transport, Local Government and the Regions,

(b)

any reference to the Department of the Environment, Transport and the Regions were a reference to the Department for Transport, Local Government and the Regions, and

(c)

any reference to an officer of the Secretary of State for the Environment, Transport and the Regions were a reference to an officer of the Secretary of State for Transport, Local Government and the Regions.

The references to which this paragraph applies include any reference that is to be construed as a reference to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(6)

Documents or forms printed for use in connection with a function to which this article applies may be used in connection with that function notwithstanding that they contain (or are to be construed as containing) references to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(7)

For the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Transport, Local Government and the Regions, to his Department or to an officer of his.

11Transfer of property, rights and liabilities to Secretary of State for Environment, Food and Rural Affairs

(1)

All property, rights and liabilities to which the Secretary of State for the Environment, Transport and the Regions is entitled or subject at the coming into force of this Order in connection with the functions to which this article applies are hereby transferred to the Secretary of State for Environment, Food and Rural Affairs.

(2)

This article applies to—

(a)

the function of the Secretary of State for the Environment, Transport and the Regions which is transferred by article 6(2), and

(b)

those functions which were entrusted to that Secretary of State immediately before 7th June 2001 and which have, before the making of this Order, been entrusted to the Secretary of State for Environment, Food and Rural Affairs.

12Transfers to Secretary of State for Environment, Food and Rural Affairs: supplementary

(1)

This Order does not affect the validity of anything done before the coming into force of this Order by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with a function to which article 11 applies.

(2)

Anything which has been, or has effect as if, done by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with—

(a)

a function to which article 11 applies, or

(b)

anything transferred by that article,

shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the Secretary of State for Environment, Food and Rural Affairs.

(3)

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 the Environment, Transport and the Regions may, so far as it relates to—

(a)

a function to which article 11 applies, or

(b)

anything transferred by that article,

be continued by or in relation to the Secretary of State for Environment, Food and Rural Affairs.

(4)

So far as may be necessary for the purposes of or in consequence of the transfer or entrusting to the Secretary of State for Environment, Food and Rural Affairs of a function to which article 11 applies, an enactment or instrument passed or made before the coming into force of this Order shall have effect as if—

(a)

any reference to the Secretary of State for the Environment, Transport and the Regions were a reference to the Secretary of State for Environment, Food and Rural Affairs,

(b)

any reference to the Department of the Environment, Transport and the Regions were a reference to the Department for Environment, Food and Rural Affairs, and

(c)

any reference to an officer of the Secretary of State for the Environment, Transport and the Regions were a reference to an officer of the Secretary of State for Environment, Food and Rural Affairs.

The references to which this paragraph applies include any reference which is to be construed as a reference to the Secretary of State for the Environment, Transport and the Regions, to his Department or to any officer of his.

(5)

Documents or forms printed for use in connection with a function to which article 11 applies may be used in connection with that function notwithstanding that they contain (or are to be construed as containing) references to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(6)

For the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Environment, Food and Rural Affairs, to his Department or to an officer of his.

13Transfer of property, rights and liabilities to Secretary of State for Trade and Industry

(1)

All property, rights and liabilities to which the Secretary of State for the Environment, Transport and the Regions is entitled or subject at the coming into force of this Order in connection with the functions to which this article applies are hereby transferred to the Secretary of State for Trade and Industry.

(2)

This article applies to those functions which were entrusted to the Secretary of State for the Environment, Transport and the Regions immediately before 7th June 2001 and which have, before the making of this Order, been entrusted to the Secretary of State for Trade and Industry.

14Transfers to Secretary of State for Trade and Industry: supplementary

(1)

This Order does not affect the validity of anything done before the coming into force of this Order by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with a function to which article 13 applies.

(2)

Anything which has been, or has effect as if, done by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with—

(a)

a function to which article 13 applies, or

(b)

anything transferred by that article,

shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the Secretary of State for Trade and Industry.

(3)

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 the Environment, Transport and the Regions may, so far as it relates to—

(a)

a function to which article 13 applies, or

(b)

anything transferred by that article,

be continued by or in relation to the Secretary of State for Trade and Industry.

(4)

So far as may be necessary for the purposes of or in consequence of the entrusting to the Secretary of State for Trade and Industry of a function to which article 13 applies, an enactment or instrument passed or made before the coming into force of this Order shall have effect as if—

(a)

any reference to the Secretary of State for the Environment, Transport and the Regions were a reference to the Secretary of State for Trade and Industry,

(b)

any reference to the Department of the Environment, Transport and the Regions were a reference to the Department of Trade and Industry, and

(c)

any reference to an officer of the Secretary of State for the Environment, Transport and the Regions were a reference to an officer of the Secretary of State for Trade and Industry.

The references to which this paragraph applies include any reference which is to be construed as a reference to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(5)

Documents or forms printed for use in connection with a function to which article 13 applies may be used in connection with that function notwithstanding that they contain (or are to be construed as containing) references to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(6)

For the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Trade and Industry, to his Department or to an officer of his.

15Immovable property outside the United Kingdom

(1)

The person from time to time holding office as the Secretary of State for Transport, Local Government and the Regions shall by virtue of that office—

(a)

be Secretary of State for the Environment, Transport and the Regions so long as any immovable property outside the United Kingdom remains vested in that Secretary of State,

(b)

be Secretary of State for the Environment so long as any such property remains vested in that Secretary of Statef1,

(c)

be Minister of Public Building and Works so long as any such property remains vested in that Ministerf2, and

(d)

be First Commissioner of Works so long as the Commissioners of Works have not been dissolved by Order in Council under the Minister of Works Act 1942f3.

(2)

Section 5(1) to (3) and (5) of the Minister of Works Act 1942 (as set out with adaptations in Schedule 2 to the Secretary of State for the Environment Order 1970f4) shall continue to apply to the Secretary of State for Transport, Local Government and the Regions as Minister of Public Building and Works.

16Consequential amendments

The enactments mentioned in the Schedule to this Order shall have effect with the amendments specified in that Schedule.

Signature

A K Galloway

Clerk of the Privy Council

1

In section 86(6A) of the Transport Act 1962f1, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

2

In Schedule 2 to the Parliamentary Commissioner Act 1967f1—

(a)

the entry relating to the Department of the Environment, Transport and the Regions is hereby repealed; and

(b)

there is inserted at the appropriate place “Department for Transport, Local Government and the Regions.”

3

In section 137(7)(c) of the Transport Act 1968f1, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

4

In section 28 of the Courts Act 1971f1, for “Secretary of State for the Environment, Transport and the Regions” (in both places it occurs) there is substituted “Secretary of State for Transport, Local Government and the Regions”.

5

In section 51(3) of the Fair Trading Act 1973f1, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

6

In section 4(5) of the Local Government, Planning and Land Act 1980f1, for “the Minister of Transport” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

7

(1)

The Road Traffic Regulation Act 1984 is amended as follows.

(2)

In section 7(6)f1, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State”.

(3)

In Schedule 5f2, for “The Secretary of State for the Environment, Transport and the Regions” (in each place it occurs) there is substituted “The Secretary of State for Transport, Local Government and the Regions”.

8

In paragraph 1(2) of Schedule 2 to the Airports Act 1986f1, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

9

(1)

The Town and Country Planning Act 1990 is amended as follows.

(2)

In section 228f1, for “Secretary of State for the Environment, Transport and the Regions” (in both places it occurs) there is substituted “Secretary of State for Transport, Local Government and the Regions”.

(3)

In section 245(1)f2, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(4)

In section 265(1)(d)f3, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(5)

In paragraph 8(2) of Schedule 6f4, for “the Department of the Environment, Transport and the Regions” there is substituted “the Department for Transport, Local Government and the Regions”.

10

In paragraph 7(2) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990f1, for “the Department of the Environment, Transport and the Regions” there is substituted “the Department for Transport, Local Government and the Regions”.

11

In paragraph 7(2) of the Schedule to the Planning (Hazardous Substances) Act 1990f1, for “the Department of the Environment, Transport and the Regions” there is substituted “the Department for Transport, Local Government and the Regions”.

12

(1)

The Water Resources Act 1991 is amended as follows.

(2)

In section 21(3)(e)f1, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(3)

In paragraph 2(3)(f) of Schedule 5f2, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(4)

In Schedule 6—

(a)

in paragraph 1(4)(g)f3, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”; and

(b)

in paragraph 3(5)f4, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

13

In section 35(3) of the Land Drainage Act 1991f1—

(a)

for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State”; and

(b)

in paragraph (b), for “that Secretary of State” there is substituted “the Secretary of Transport, Local Government and the Regions”.

14

In section 23(10) of the Transport and Works Act 1992f1, for “the Department of the Environment, Transport and the Regions” (in both places) there is substituted “the Department for Transport, Local Government and the Regions”.

15

(1)

The Channel Tunnel Rail Link Act 1996 is amended as follows.

(2)

In section 29(4)f1, for “Secretary of State” there is substituted “Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport, Local Government and the Regions acting jointly”.

(3)

In section 50(5)(b)f2, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(4)

In paragraph 2 of Schedule 3f3—

(a)

in sub-paragraph (2), for “Secretary of State” there is substituted “appropriate Ministers”;

(b)

in sub-paragraph (3)—

(i)

for “Secretary of State” there is substituted “appropriate Ministers”; and

(ii)

for “he is” there is substituted “they are”;

(c)

in sub-paragraph (4)—

(i)

for “Secretary of State grants” there is substituted “appropriate Ministers grant”; and

(ii)

for “he” there is substituted “they”;

(d)

in sub-paragraph (8)—

(i)

for “Secretary of State” there is substituted “appropriate Ministers”; and

(ii)

for “him” there is substituted “them”;

(e)

in sub-paragraph (9)—

(i)

for “he directs” there is substituted “they direct”;

(ii)

for “the Secretary of State’s functions” there is substituted “the appropriate Ministers' functions”; and

(iii)

for “him” (in both places) there is substituted “them”; and

(f)

after sub-paragraph (11) there is inserted—

“(12)

In this paragraph references to the appropriate Ministers are to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport, Local Government and the Regions and, in relation to the carrying out of any functions, are to those Ministers acting jointly.”

(5)

In paragraph 5(5)(a) of Schedule 7f4, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(6)

In paragraph 13 of Schedule 14f5, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(7)

In paragraph 2(4)(a) of Part 2 of Schedule 15f6, for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

16

In Schedule 7 to the Town and Country Planning (Scotland) Act 1997f1—

(a)

in paragraph 3(8), for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”; and

(b)

in paragraph 8(4)(b), for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

17

In the entry relating to the Water Resources Act 1991 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, for paragraph (d) (functions referring to the Secretary of State for the Environment, Transport and the Regions) there is substituted—

“(d)

any function which is expressly referred to in this Act as a function of the Secretary of State for Transport, Local Government and the Regions.”

18

In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000—

(a)

the entry relating to the Department of the Environment, Transport and the Regions is hereby repealed; and

(b)

there is inserted at the appropriate place “The Department for Transport, Local Government and the Regions.”

Explanatory note

(This note is not part of the Order)

This Order in Council, made under the Ministers of the Crown Act 1975, incorporates the Secretary of State for Transport, Local Government and the Regions and the Secretary of State for Environment, Food and Rural Affairs as corporations sole (articles 3 and 4). Those articles also provide for the authentication of the corporate seals, the making of instruments by those Secretaries of State and related matters.

Article 5 transfers to the Secretary of State for Transport, Local Government and the Regions and the Secretary of State for Environment, Food and Rural Affairs, acting jointly, the functions of the Secretary of State under section 29(4) of, and paragraph 2 of Schedule 3 to, the Channel Tunnel Rail Link Act 1996.

Article 6 transfers to the Secretary of State the functions of the Secretary of State for the Environment, Transport and the Regions under section 7(6) of the Road Traffic Regulation Act 1984 and section 35(3)(a) of the Land Drainage Act 1991.

Article 7 transfers to the Secretary of State for Transport, Local Government and the Regions the functions of the Secretary of State for the Environment, Transport and the Regions (other than the functions transferred by article 6).

Article 8 transfers to the Secretary of State for Transport, Local Government and the Regions all immovable property in the United Kingdom held by the Secretary of State for the Environment, Transport and the Regions.

Article 9 transfers to the Secretary of State for Transport, Local Government and the Regions property (other than immovable property), rights and liabilities of the Secretary of State for the Environment, Transport and the Regions, other than those transferred by article 11 (to the Secretary of State for Environment, Food and Rural Affairs) or 13 (to the Secretary of State for Trade and Industry).

Article 10 makes supplementary provision for continuity in relation to the exercise of functions transferred by articles 7 to 9.

Article 11 transfers to the Secretary of State for Environment, Food and Rural Affairs property (other than immovable property), rights and liabilities associated with the function transferred by article 6(2) and other functions, formerly entrusted to the Secretary of State for the Environment, Transport and the Regions, which have, before the making of this Order, been entrusted to the Secretary of State for Environment, Food and Rural Affairs. Those other functions relate to the environment, wildlife and the countryside.

Article 12 makes supplementary provision for continuity in relation to the exercise of the functions transferred by articles 6(2) and 11, and the property, rights and liabilities transferred by article 11 to the Secretary of State for Environment, Food and Rural Affairs.

Article 13 transfers to the Secretary of State for Trade and Industry property (other than immovable property), rights and liabilities, associated with functions formerly entrusted to the Secretary of State for the Environment, Transport and the Regions, which have, before the making of this Order, been entrusted to the Secretary of State for Trade and Industry. Those functions relate to sponsorship of Regional Development Agencies and the construction industry.

Article 14 makes supplementary provision for continuity in relation to the exercise of the functions to which article 13 applies, and the property, rights and liabilities transferred by that article to the Secretary of State for Trade and Industry.

Article 15 makes special provision for immovable property outside the United Kingdom.

Article 16 and the Schedule amend enactments consequential on the transfers effected by the Order.

Nothing in this Order alters the functions of the National Assembly for Wales.