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The Secretary of State for Business, Innovation and Skills Order 2009

S.I. 2009/2748 · Made 15 October 2009 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2020.

Ministers Of The Crown

Made 15th October 2009

Laid before Parliament 22nd October 2009

Coming into force 13th November 2009

At the Court at Buckingham Palace, the 15th day of October 2009

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. 3Incorporation of the Secretary of State for Business, Innovation and Skills
  4. 4Transfers of functions
  5. 5Transfers of property, rights and liabilities
  6. 6Other supplemental provision
  7. 7Supplemental: validity of things done before coming into force of Order
  8. 8Consequential amendments
  9. Signature
  10. Schedule: CONSEQUENTIAL AMENDMENTS
  11. Part 1: PRIMARY LEGISLATION
  12. 1Parliamentary Commissioner Act 1967 (c. 13)
  13. 2Coinage Act 1971 (c. 24)
  14. 3Police and Criminal Evidence Act 1984 (c. 60)
  15. 4Weights and Measures Act 1985 (c. 72)
  16. 5Regional Development Agencies Act 1998 (c. 45)
  17. 6Regulation of Investigatory Powers Act 2000 (c. 23)
  18. 7Domestic Violence, Crime and Victims Act 2004 (c. 28)
  19. 8Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
  20. 9Housing and Regeneration Act 2008 (c. 17)
  21. 10Crossrail Act 2008 (c. 18)
  22. Part 2: SECONDARY LEGISLATION
  23. 11Deeds of Arrangement Fees Order 1984 (S.I. 1984/887)
  24. 12Insolvency Rules 1986 (S.I. 1986/1925)
  25. 13Court Funds Rules 1987 (S.I. 1987/821)
  26. 14Companies House Trading Fund Order 1991 (S.I. 1991/1795) Repealed
  27. 15Patent Office Trading Fund Order 1991 (S.I. 1991/1796)
  28. 16Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994 (S.I. 1994/1438)
  29. 17Insolvency Regulations 1994 (S.I. 1994/2507)
  30. 18Trial of the Pyx Order 1998 (S.I. 1998/1764)
  31. 19Building Societies (Business Names) Regulations 1998 (S.I. 1998/3186)
  32. 20Public Interest Disclosure (Prescribed Persons) Order 1999 (S.I. 1999/1549)
  33. 21Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001 (S.I. 2001/1701)
  34. 22Railway Administration Order Rules 2001 (S.I. 2001/3352)
  35. 23Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 (S.I. 2002/2326)
  36. 24Community Investment Tax Relief (Accreditation of Community Development Finance Institutions) Regulations 2003 (S.I. 2003/96)
  37. 25Land Registration Rules 2003 (S.I. 2003/1417)
  38. 26Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004 (S.I. 2004/1034)
  39. 27Measuring Instruments (EEC Requirements) (Fees) Regulations 2004 (S.I. 2004/1300)
  40. 28Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. 2004/1861)
  41. 29Gangmasters (Licensing Authority) Regulations 2005 (S.I. 2005/448)
  42. 30Damages (Government and Health Service Bodies) Order 2005 (S.I. 2005/474)
  43. 31Insolvency Practitioners Regulations 2005 (S.I. 2005/524)
  44. 32Energy Administration Rules 2005 (S.I. 2005/2483)
  45. 33Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 (S.I. 2005/2966)
  46. 34Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317)
  47. 35Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007 (S.I. 2007/934)
  48. 36Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I. 2007/2501)
  49. 37Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2008 (S.I. 2008/1737)
  50. 38Export Control Order 2008 (S.I. 2008/3231)
  51. 39Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009 (S.I. 2009/975)
  52. Explanatory note

1Citation and commencementI1

(1)

This Order may be cited as the Secretary of State for Business, Innovation and Skills Order 2009.

(2)

This Order comes into force on 13th November 2009.

2InterpretationI1

(1)

In this Order “instrument” includes, in particular, 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)

In this Order a reference to a function of a Minister is to be read, in the case of a function which is exercisable by the Minister jointly with another person or is otherwise shared by the Minister, as a reference to the Minister’s share of the function.

(3)

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

(a)

it is transferred by article 4(1), or

(b)

it was entrusted to the Secretary of State for Business, Enterprise and Regulatory Reform immediately before 5 June 2009 and has before the making of this Order been entrusted to the Secretary of State for Business, Innovation and Skills.

(4)

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

(a)

it is transferred by article 4(2), or

(b)

it was entrusted to the Secretary of State for Innovation, Universities and Skills immediately before 5 June 2009 and has before the making of this Order been entrusted to the Secretary of State for Business, Innovation and Skills.

3Incorporation of the Secretary of State for Business, Innovation and SkillsI1

(1)

The person who at the coming into force of this Order is the Secretary of State for Business, Innovation and Skills and any successor to that person is by that name a corporation sole.

(2)

The corporate seal of the Secretary of State for Business, Innovation and Skills—

(a)

is to 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)

is to be officially and judicially noticed.

(3)

Every document purporting to be an instrument made or issued by the Secretary of State for Business, Innovation and Skills and to be—

(a)

sealed with the corporate seal of that Secretary of State 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,

is to be received in evidence and to be 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 Business, Innovation and Skills that an instrument purporting to be made or issued by—

(a)

the Secretary of State for Business, Innovation and Skills,

(b)

the Secretary of State for Business, Enterprise and Regulatory Reform,

(c)

the Secretary of State for Innovation, Universities and Skills, or

(d)

the Secretary of State for Trade and Industry,

was so made or issued is conclusive evidence of that fact.

(5)

The Documentary Evidence Act 1868f1 applies in relation to the Secretary of State for Business, Innovation and Skills—

(a)

as if references to regulations and orders 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.

4Transfers of functionsI1

(1)

The functions of the Secretary of State for Business, Enterprise and Regulatory Reform are transferred to the Secretary of State for Business, Innovation and Skills.

(2)

The functions of the Secretary of State for Innovation, Universities and Skills are transferred to the Secretary of State for Business, Innovation and Skills.

5Transfers of property, rights and liabilitiesI1

(1)

There are transferred to the Secretary of State for Business, Innovation and Skills all property, rights and liabilities to which the Secretary of State for Business, Enterprise and Regulatory Reform is entitled or subject at the coming into force of this Order.

(2)

There are transferred to the Secretary of State for Business, Innovation and Skills all property, rights and liabilities to which the Secretary of State for Innovation, Universities and Skills is entitled or subject at the coming into force of this Order.

6Other supplemental provisionI1

(1)

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—

(a)

the Secretary of State for Business, Enterprise and Regulatory Reform, or

(b)

the Secretary of State for Innovation, Universities and Skills,

may be continued by or in relation to the Secretary of State for Business, Innovation and Skills.

(2)

Anything done (or having effect as if done) by or in relation to—

(a)

the Secretary of State for Business, Enterprise and Regulatory Reform, or

(b)

the Secretary of State for Innovation, Universities and Skills,

has effect, so far as 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 Business, Innovation and Skills.

(3)

Documents or forms printed for use in connection with a former BERR function or a former IUS function may be used in connection with that function even though they contain, or are to be read as containing, references to the transferor.

(4)

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 Business, Innovation and Skills.

(5)

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 Business, Innovation and Skills of any former BERR function or former IUS function, or

(b)

the transfer of anything by article 5,

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

(6)

In this article “transferor” means—

(a)

in relation to a former BERR function or anything transferred by article 5(1), the Secretary of State for Business, Enterprise and Regulatory Reform, and

(b)

in relation to a former IUS function or anything transferred by article 5(2), the Secretary of State for Innovation, Universities and Skills.

(7)

In paragraphs (1) to (5) references to—

(a)

the Secretary of State for Business, Enterprise and Regulatory Reform,

(b)

the Secretary of State for Innovation, Universities and Skills, or

(c)

the transferor,

include references to the department or an officer of the Secretary of State in question, and references to the Secretary of State for Business, Innovation and Skills are to be read accordingly.

7Supplemental: validity of things done before coming into force of OrderI1

(1)

This Order does not affect the validity of anything done (or having effect as if done) by or in relation to—

(a)

the Secretary of State for Business, Enterprise and Regulatory Reform, or

(b)

the Secretary of State for Innovation, Universities and Skills,

before the coming into force of this Order.

(2)

In paragraph (1) a reference to a Secretary of State includes a reference to the department or an officer of that Secretary of State.

8Consequential amendmentsI1

The primary and secondary legislation referred to in the headings in Parts 1 and 2 of the Schedule is amended as set out under the headings.

Signature

Judith Simpson

Clerk of the Privy Council

1Parliamentary Commissioner Act 1967 (c. 13)I1

In Schedule 2f1 omit “Department for Business, Enterprise and Regulatory Reform” and “Department for Innovation, Universities and Skills”.

2Coinage Act 1971 (c. 24)I1

(1)

In section 6(3)f1 for “the Department for Innovation, Universities and Skills” substitute “the Department for Business, Innovation and Skills”.

(2)

In section 8(2)(d)f2 for “the Department for Innovation, Universities and Skills” substitute “the Department for Business, Innovation and Skills”.

3Police and Criminal Evidence Act 1984 (c. 60)I1

In section 114A(2)(a)f1 for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”.

4Weights and Measures Act 1985 (c. 72)I1

(1)

In section 3(1) and (5)f1 for “Department for Innovation, Universities and Skills standards” substitute “Department for Business, Innovation and Skills standards”.

(2)

In section 94(1)f2 for “Department for Innovation, Universities and Skills standards” substitute “Department for Business, Innovation and Skills standards”.

(3)

In paragraph (e) of Part 5 of Schedule 2f3 for “the Department for Innovation, Universities and Skills” substitute “the Department for Business, Innovation and Skills”.

5Regional Development Agencies Act 1998 (c. 45)I1

In paragraphs 9(8)(b) and 11(10)(b) of Schedule 6f1 for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”.

6Regulation of Investigatory Powers Act 2000 (c. 23)I1

In Schedule 1f1—

(a)

before paragraph 9A insert—

“9ZB.

The Department for Business, Innovation and Skills.”, and

(b)

omit paragraph 9ZA (Department for Business, Enterprise and Regulatory Reform).

7Domestic Violence, Crime and Victims Act 2004 (c. 28)I1

In Schedule 9f1—

(a)

at the beginning of the list of government departments insert—

“1WA.

The Department for Business, Innovation and Skills.”,

(b)

omit paragraph 1XA (Department for Business, Enterprise and Regulatory Reform), and

(c)

omit paragraph 3A (Department for Innovation, Universities and Skills).

8Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)I1

In Schedule 1f1—

(a)

insert in the appropriate place “Department for Business, Innovation and Skills”,

(b)

omit the entry for the Department for Business, Enterprise and Regulatory Reform, and

(c)

omit the entry for the Department for Innovation, Universities and Skills.

9Housing and Regeneration Act 2008 (c. 17)I1

In the following provisions of Schedule 4, for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”—

(a)

paragraph 8(4)(b),

(b)

paragraph 15(2)(b), and

(c)

paragraph 40(1)(b).

10Crossrail Act 2008 (c. 18)I1

In paragraph 6(3) of Part 4 of Schedule 17f1, for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”.

11Deeds of Arrangement Fees Order 1984 (S.I. 1984/887)I1

In article 3(2)f1 for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

12Insolvency Rules 1986 (S.I. 1986/1925)I1

In rule 13.13(2)f1 for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

13Court Funds Rules 1987 (S.I. 1987/821)I1

In rule 55(i)f1 for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

14Companies House Trading Fund Order 1991 (S.I. 1991/1795)F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15Patent Office Trading Fund Order 1991 (S.I. 1991/1796)I1

(1)

At the end of article 2f1 insert—

“From the coming into force of the Secretary of State for Business, Innovation and Skills Order 2009, the fund is to be for the operations of that part of the Department for Business, Innovation and Skills known as the Patent Office so far as those operations correspond to those described in Schedule 1 to this Order.”

(2)

In article 3f2 for “for Innovation, Universities and Skills” substitute “for Business, Innovation and Skills”.

16Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994 (S.I. 1994/1438)I1

In the Schedulef1 for “The Secretary of State for Business, Enterprise and Regulatory Reform” substitute “The Secretary of State for Business, Innovation and Skills”.

17Insolvency Regulations 1994 (S.I. 1994/2507)I1

In regulation 3(3)f1 for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

18Trial of the Pyx Order 1998 (S.I. 1998/1764)I1

In articles 4(4)f1 and 15(2)f2 for “the Department for Innovation, Universities and Skills” substitute “the Department for Business, Innovation and Skills”.

19Building Societies (Business Names) Regulations 1998 (S.I. 1998/3186)I1

In column (2) of the Schedulef1 for “Department for Innovation, Universities and Skills” substitute “Department for Business, Innovation and Skills”.

20Public Interest Disclosure (Prescribed Persons) Order 1999 (S.I. 1999/1549)I1

In the first column of the Schedulef1 for “Secretary of State for Business, Enterprise and Regulatory Reform” substitute “Secretary of State for Business, Innovation and Skills”.

21Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001 (S.I. 2001/1701)I1

In regulation 12f1 for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”.

22Railway Administration Order Rules 2001 (S.I. 2001/3352)I1

In rule 1.2(1)f1, in the definition of “the Department”, for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

23Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 (S.I. 2002/2326)I1

(1)

In article 2f1—

(a)

for “BERR investigator” substitute “BIS investigator” (in both places),

(b)

for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”, and

(c)

for “BERR investigation” substitute “BIS investigation”.

(2)

In article 3(1)(b)f2 and in the heading to article 3 for “BERR investigations” substitute “BIS investigations”.

(3)

In article 4f3—

(a)

for “BERR investigator” substitute “BIS investigator” (in each place), and

(b)

in paragraph (5)(b), (c) and (d) for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”.

24Community Investment Tax Relief (Accreditation of Community Development Finance Institutions) Regulations 2003 (S.I. 2003/96)I1

In each of the following provisionsf1 for “Department for Business, Enterprise and Regulatory Reform” substitute “Department for Business, Innovation and Skills”—

(a)

regulation 2,

(b)

regulation 7(4),

(c)

regulation 13(1) and (4),

(d)

regulation 15(2)(b)(ii), and

(e)

regulation 16(3)(b).

25Land Registration Rules 2003 (S.I. 2003/1417)I1

(1)

In the following provisions (in each place) for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”—

(a)

form CIT in Schedule 1f1, and

(b)

column 1 of Schedule 5f2.

(2)

Forms of the kind mentioned in paragraph (1)(a) may be used after the coming into force of this Order even though they contain, or are to be read as containing, references to the Secretary of State for Business, Enterprise and Regulatory Reform, and those references are to be read as references to the Secretary of State for Business, Innovation and Skills.

26Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004 (S.I. 2004/1034)I1

In article 2(2)f1 for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”.

27Measuring Instruments (EEC Requirements) (Fees) Regulations 2004 (S.I. 2004/1300)I1

In paragraph (b) of Schedule 1f1 for “the Department for Innovation, Universities and Skills” substitute “the Department for Business, Innovation and Skills”.

28Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 (S.I. 2004/1861)I1

In rule 61(4)(b) in Schedule 1f1 for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

29Gangmasters (Licensing Authority) Regulations 2005 (S.I. 2005/448)I1

In Schedule 2f1 for “Secretary of State for Business, Enterprise and Regulatory Reform” substitute “Secretary of State for Business, Innovation and Skills”.

30Damages (Government and Health Service Bodies) Order 2005 (S.I. 2005/474)I1

In Part 1 of the Schedulef1—

(a)

omit “Department for Business, Enterprise and Regulatory Reform” and “Department for Innovation, Universities and Skills”, and

(b)

at the end insert—

“Department for Business, Innovation and Skills”.

31Insolvency Practitioners Regulations 2005 (S.I. 2005/524)I1

In regulation 5f1, in paragraph (c) of the definition of “insolvency work experience”, for “or of the Department for Business, Enterprise and Regulatory Reform” substitute “, of the Department for Business, Enterprise and Regulatory Reform or of the Department for Business, Innovation and Skills”.

32Energy Administration Rules 2005 (S.I. 2005/2483)I1

In rule 186(2)f1 for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

33Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 (S.I. 2005/2966)I1

In Schedule 2f1—

(a)

omit “The Secretary of State for Business, Enterprise and Regulatory Reform” and “The Secretary of State for Innovation, Universities and Skills”, and

(b)

insert in the appropriate place “The Secretary of State for Business, Innovation and Skills”.

34Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317)I1

In Schedule 1f1, in the column 2 entry relating to “Teacher or language assistant”, for “the Department for Innovation, Universities and Skills” substitute “the Department for Business, Innovation and Skills”.

35Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007 (S.I. 2007/934)I1

In column 1 of the Schedulef1 for “The Department for Business, Enterprise and Regulatory Reform” substitute “The Department for Business, Innovation and Skills”.

36Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I. 2007/2501)I1

In article 11(g)f1 for “the Department of Trade and Industry” substitute “the Department for Business, Innovation and Skills”.

37Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2008 (S.I. 2008/1737)I1

In article 11(g) for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

38Export Control Order 2008 (S.I. 2008/3231)I1

In articles 33(5) and 44 for “Department for Business, Enterprise and Regulatory Reform” substitute “Department for Business, Innovation and Skills”.

39Proceeds of Crime Act 2002 (References to Financial Investigators) Order 2009 (S.I. 2009/975)I1

In Schedule 1 (in each place)—

(a)

for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Business, Innovation and Skills”, and

(b)

for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department for Business, Innovation and Skills”.

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 establishment of the Department for Business, Innovation and Skills.

The responsibilities entrusted to the Secretary of State for Business, Innovation and Skills were described in a press notice issued by the Prime Minister’s Office on 5 June 2009, which was referred to in the Prime Minister’s written statement to Parliament dated 18 June 2009: see Hansard (House of Commons) 18 June 2009 at column 452W, available at www.parliament.uk.

Article 3 provides for the incorporation of the Secretary of State for Business, Innovation and Skills as a corporation sole and provides for the authentication of the corporate seal and the execution and certification of documents.

Article 4 transfers to the Secretary of State for Business, Innovation and Skills the functions of the Secretary of State for Business, Enterprise and Regulatory Reform and the Secretary of State for Innovation, Universities and Skills.

Articles 5 transfers to the Secretary of State for Business, Innovation and Skills the property, rights and liabilities of the Secretary of State for Business, Enterprise and Regulatory Reform and the Secretary of State for Innovation, Universities and Skills. Articles 6 and 7 make other supplementary provision.

Article 8 and the Schedule to the Order make consequential amendments to Acts of Parliament and subordinate legislation.

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.