The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016

S.I. 2016/997 · Made 12 October 2016 · Extends to United Kingdom

Ministers Of The Crown

Made 12th October 2016

Laid before Parliament 19th October 2016

Coming into force 9th November 2016

At the Court at Buckingham Palace, the 12th day of October 2016

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred by section 1 of the Ministers of the Crown Act 1975^f1, 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).

1Citation and commencement
2Interpretation
3Transfer of concurrently exercisable functions of the Chancellor of the Duchy to the Minister for the Cabinet Office
4Transfer of property, rights and liabilities in connection with article 3
5Transfer of concurrently exercisable functions of the Chancellor of the Duchy to the Leader of the House of Commons
6Supplementary provision in connection with articles 3 to 5
7Transfer of functions exercisable by the Chancellor of the Duchy only to the Minister for the Cabinet Office
8Supplementary provision in connection with article 7
9Function of the Secretary of State to be exercisable concurrently with the Minister for the Cabinet Office
10Transfer of functions from the Minister for the Cabinet Office to the Secretary of State
11Supplementary provision in connection with article 10
12Validity of things done before coming into force of Order
13Consequential amendments
Signature
Schedule 1Acts and provisions referred to in article 3(1)
Schedule 2: Consequential amendments
Part 1: Primary legislation
1Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31)
2House to House Collections Act 1939 (c. 44)
3Representation of the People Act 1983 (c. 2)
4Representation of the People Act 1985 (c. 50)
5Parliamentary Constituencies Act 1986 (c. 56)
6Town and Country Planning Act 1990 (c. 8)
7Local Government Finance Act 1992 (c. 14)
8Charities Act 1992 (c. 41)
9National Lottery etc. Act 1993 (c. 39)
10Education Act 1996 (c. 56)
11Greater London Authority Act 1999 (c. 29)
12Representation of the People Act 2000 (c. 2)
13Local Government Act 2000 (c. 22)
14Freedom of Information Act 2000 (c. 36)
15Political Parties, Elections and Referendums Act 2000 (c. 41)
16European Parliamentary Elections Act 2002 (c. 24)
17European Parliament (Representation) Act 2003 (c. 7)
18Electoral Administration Act 2006 (c. 22)
19Charities Act 2006 (c. 50)
20Dormant Bank and Building Society Accounts Act 2008 (c. 31)
21Political Parties and Elections Act 2009 (c. 12)
22Local Democracy, Economic Development and Construction Act 2009 (c. 20)
23Parliamentary Voting System and Constituencies Act 2011 (c. 1)
24Police Reform and Social Responsibility Act 2011 (c. 13)
25Charities Act 2011 (c. 25)
26Electoral Registration and Administration Act 2013 (c. 6)
27Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)
28Wales Act 2014 (c. 29)
29Recall of MPs Act 2015 (c. 25)
30European Union Referendum Act 2015 (c. 36)
31Charities (Protection and Social Investment) Act 2016 (c. 4)
32Immigration Act 2016 (c. 19)
Part 2: Secondary legislation
33Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)
34Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)
35European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184)
36Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917)
37Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012 (S.I. 2012/2088)
38Tax Relief for Social Investments (Accreditation of Social Impact Contractor) Regulations 2014 (S.I. 2014/3066)
39Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295)
Explanatory note

1Citation and commencementI1

(1)

This Order may be cited as the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016.

(2)

This Order comes into force on 9th November 2016.

2InterpretationI1

In this Order—

“article 3 function” means a function which is directed by article 3(1) to be exercisable by the Secretary of State concurrently with the Minister for the Cabinet Office;
“article 5 function” means a function which is directed by article 5 to be exercisable by the Secretary of State concurrently with the Leader of the House of Commons;
“the Chancellor of the Duchy” means the Chancellor of the Duchy of Lancaster;
“instrument” includes 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;
“the Leader of the House of Commons” means the Minister of the Crown who is for the time being designated as Leader of the House of Commons by the Prime Minister.

3Transfer of concurrently exercisable functions of the Chancellor of the Duchy to the Minister for the Cabinet OfficeI1

(1)

The functions of the Secretary of State under—

(a)

an Act, or a provision of an Act or instrument, listed in Schedule 1, or

(b)

an instrument having effect under any such Act or provision of such an Act,

which are exercisable concurrently with the Chancellor of the Duchy are to cease to be exercisable concurrently with the Chancellor of the Duchy and are instead to be exercisable concurrently with the Minister for the Cabinet Office^f1.

(2)

The functions to which paragraph (1) applies include functions under any provision not yet in force at the time this Order is made (and in Schedule 1 a reference to an Act or provision of an Act or instrument includes a reference to the Act or provision as amended by any provision of an enactment or instrument passed or made before that time even though the amending provision is not yet in force at that time).

4Transfer of property, rights and liabilities in connection with article 3I1

There are transferred to the Minister for the Cabinet Office all property, rights and liabilities to which the Chancellor of the Duchy is entitled or subject at the coming into force of this Order in connection with an article 3 function.

5Transfer of concurrently exercisable functions of the Chancellor of the Duchy to the Leader of the House of CommonsI1

The functions of the Secretary of State under sections 3 and 4 of the Parliamentary Constituencies Act 1986^f1 are to cease to be exercisable concurrently with the Chancellor of the Duchy and are instead to be exercisable concurrently with the Leader of the House of Commons.

6Supplementary provision in connection with articles 3 to 5I1

(1)

This article applies to—

(a)

an article 3 function,

(b)

anything transferred by article 4, and

(c)

an article 5 function.

(2)

In this article, “the transferee” means—

(a)

in relation to an article 3 function or anything transferred by article 4, the Minister for the Cabinet Office, and

(b)

in relation to an article 5 function, the Leader of the House of Commons.

(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 Chancellor of the Duchy may, so far as it relates to anything to which this article applies, be continued by or in relation to the transferee.

(4)

Anything done (or having effect as if done) by or in relation to the Chancellor of the Duchy in connection with anything to which this article applies 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 transferee.

(5)

Documents or forms printed for use in connection with an article 3 function or an article 5 function may be used in connection with the exercise of that function by the transferee even though they contain, or are to be read as containing, references to the Chancellor of the Duchy; and for the purposes of the use of any such documents or forms in connection with the exercise of that function by the transferee, those references are to be read as references to the transferee.

(6)

Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as necessary for the purposes of or in consequence of the transfer of anything to which this article applies, as if references to the Chancellor of the Duchy (and references which are to be read as references to the Chancellor of the Duchy) were references to the transferee.

7Transfer of functions exercisable by the Chancellor of the Duchy only to the Minister for the Cabinet OfficeI1

The following functions of the Chancellor of the Duchy are transferred to the Minister for the Cabinet Office—

(a)

functions under the Freedom of Information Act 2000^f1 (other than functions to which article 3(1) applies);

(b)

functions under section 2(2)(b) of the Political Parties, Elections and Referendums Act 2000^f2;

(c)

functions under—

(i)

the Representation of the People (England and Wales) Regulations 2001^f3;

(ii)

the Representation of the People (Scotland) Regulations 2001^f4.

8Supplementary provision in connection with article 7I1

(1)

(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 Chancellor of the Duchy may, so far as it relates to an article 7 function or anything transferred by paragraph (1), be continued by or in relation to the Minister for the Cabinet Office.

(3)

Anything done (or having effect as if done) by or in relation to the Chancellor of the Duchy in connection with an article 7 function or anything transferred by paragraph (1) 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 Minister for the Cabinet Office.

(4)

Documents or forms printed for use in connection with an article 7 function may be used in connection with the exercise of that function by the Minister for the Cabinet Office even though they contain, or are to be read as containing, references to the Chancellor of the Duchy; and for the purposes of the use of any such documents or forms in connection with the exercise of that function by the Minister for the Cabinet Office, those references are to be read as references to the Minister for the Cabinet Office.

(5)

Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as necessary for the purposes of or in consequence of article 7 or paragraph (1), as if references to the Chancellor of the Duchy (and references which are to be read as references to the Chancellor of the Duchy) were references to the Minister for the Cabinet Office.

9Function of the Secretary of State to be exercisable concurrently with the Minister for the Cabinet OfficeI1

The function of the Secretary of State under regulation 114(6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016^f1 is to be exercisable concurrently with the Minister for the Cabinet Office.

10Transfer of functions from the Minister for the Cabinet Office to the Secretary of StateI1

(1)

The functions of the Minister for the Cabinet Office under an Act, a provision of an Act or an instrument listed in paragraph (2) are transferred to the Secretary of State.

(2)

The Acts, provisions and instruments referred to in paragraph (1) are—

(a)

sections 2, 3 and 4 of the House to House Collections Act 1939^f1;

(b)

the Charities Act 1992^f2;

(c)

sections 22, 34, 36B and 36E of and Schedule 4A to the National Lottery etc. Act 1993^f3;

(d)

sections 496, 497, 497A, 497AA, 507B and 571 of the Education Act 1996^f4;

(e)

sections 63, 72, 73, 77 and 79 of the Charities Act 2006^f5;

(f)

the Dormant Bank and Building Society Accounts Act 2008^f6;

(g)

the Charities Act 2011^f7;

(h)

the Tax Relief for Social Investments (Accreditation of Social Impact Contractor) Regulations 2014^f8;

(i)

sections 16 and 17 of the Charities (Protection and Social Investment) Act 2016^f9.

(3)

The functions to which paragraph (1) applies include functions under any provision not yet in force at the time this Order is made (and in paragraph (2) a reference to an Act, a provision of an Act or an instrument includes a reference to the Act, provision or instrument as amended by any provision of an enactment or instrument passed or made before that time even though the amending provision is not yet in force at that time).

(4)

The function of the Secretary of State under section 5(1) of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (regulation of street collections)^f10 which is exercisable by the Secretary of State and the Minister for the Cabinet Office concurrently is to cease to be exercisable by the Minister for the Cabinet Office.

11Supplementary provision in connection with article 10I1

(1)

In this article, “article 10 function” means a function which—

(a)

is transferred by article 10(1) from the Minister for the Cabinet Office to the Secretary of State, or

(b)

ceases by virtue of article 10(4) to be exercisable concurrently by the Minister for the Cabinet Office.

(2)

There are transferred to the Secretary of State for Culture, Media and Sport all property, rights and liabilities to which the Minister for the Cabinet Office is entitled or subject at the coming into force of this Order in connection with an article 10 function.

(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 Minister for the Cabinet Office may, so far as it relates to an article 10 function or anything transferred by paragraph (2), be continued by or in relation to the Secretary of State.

(4)

Anything done (or having effect as if done) by or in relation to the Minister for the Cabinet Office in connection with an article 10 function or anything transferred by paragraph (2) 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.

(5)

Documents or forms printed for use in connection with an article 10 function may be used in connection with the exercise of that function by the Secretary of State even though they contain, or are to be read as containing, references to the Minister for the Cabinet Office; and for the purposes of the use of any such documents or forms in connection with the exercise of that function by the Secretary of State, those references are to be read as references to the Secretary of State.

(6)

Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as necessary for the purposes of or in consequence of article 10 or paragraph (2), as if references to the Minister for the Cabinet Office were references to the Secretary of State.

(7)

In paragraphs (3) to (6)—

(a)

references to the Minister for the Cabinet Office are to be read as including references to the Cabinet Office or an officer in that Office, and

(b)

references to the Secretary of State are to be read as including references to a department or an officer of the Secretary of State accordingly.

12Validity 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 the Chancellor of the Duchy or the Minister for the Cabinet Office before the coming into force of this Order.

(2)

In paragraph (1), the references to the Chancellor of the Duchy and the Minister for the Cabinet Office include references to the Cabinet Office or an officer in that Office.

13Consequential amendmentsI1

Schedule 2 has effect.

Signature

Richard Tilbrook

Clerk of the Privy Council

Schedule 1Acts and provisions referred to in article 3(1)I1

The Acts and provisions referred to in article 3(1) are—

(a)

the Representation of the People Act 1983^f1;

(b)

the Representation of the People Act 1985^f2;

(c)

Schedule 1 to the Parliamentary Constituencies Act 1986^f3;

(d)

paragraph 16 of Schedule 4B to the Town and Country Planning Act 1990^f4;

(e)

section 52ZQ of the Local Government Finance Act 1992^f5;

(f)

section 17A of the Greater London Authority Act 1999^f6;

(g)

the Representation of the People Act 2000^f7;

(h)

the Local Government Act 2000^f8;

(i)

the Freedom of Information Act 2000^f9;

(j)

the Political Parties, Elections and Referendums Act 2000^f10;

(k)

regulation 8 of the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001^f11;

(l)

the European Parliamentary Elections Act 2002^f12;

(m)

the European Parliament (Representation) Act 2003^f13;

(n)

the Electoral Administration Act 2006^f14;

(o)

the Political Parties and Elections Act 2009^f15;

(p)

sections 114(1) and 116(1) of, and paragraphs 3 and 12 of Schedule 5B to, the Local Democracy, Economic Development and Construction Act 2009^f16;

(q)

section 14 of the Parliamentary Voting System and Constituencies Act 2011^f17;

(r)

the Police Reform and Social Responsibility Act 2011^f18;

(s)

the Electoral Registration and Administration Act 2013^f19;

(t)

the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014^f20;

(u)

section 13 of, and Schedule 1 to, the Wales Act 2014^f21;

(v)

the Recall of MPs Act 2015^f22;

(w)

the European Union Referendum Act 2015^f23;

(x)

Part 7 of the Immigration Act 2016^f24.

1Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31)I1

In section 5(1)(a) and (2) of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (regulation of street collection)^f1, in each place omit “or the Minister for the Cabinet Office”.

2House to House Collections Act 1939 (c. 44)I1

In the following provisions of the House to House Collections Act 1939^f1, for “Minister for the Cabinet Office” in each place substitute “Secretary of State”—

(a)

section 2(4) and (6) (appeal against refusal of licence);

(b)

section 3 (exemptions);

(c)

section 4(1) and (2) (regulations).

3Representation of the People Act 1983 (c. 2)I1

For section 199ZA of the Representation of the People Act 1983^f1 substitute—

“Functions of the Minister for the Cabinet Office

199ZA
See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”

4Representation of the People Act 1985 (c. 50)I1

In section 27 of the Representation of the People Act 1985 (interpretation)^f1, for subsection (2ZA) substitute—

“(2ZA)
See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”

5Parliamentary Constituencies Act 1986 (c. 56)I1

(1)

The Parliamentary Constituencies Act 1986 is amended as follows.

(2)

In section 3 (reports of the Boundary Commissions)^f1, after subsection (7) insert—

“(7A)
In this section—

“the Secretary of State” means the Secretary of State or the Leader of the House of Commons;

“the Leader of the House of Commons” means the Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) who is for the time being designated as Leader of the House of Commons by the Prime Minister.”

(3)

In section 4 (Orders in Council)^f2, after subsection (7) insert—

“(8)
In this section, “the Secretary of State” means the Secretary of State or the Leader of the House of Commons (within the meaning of section 3(7A)).”

(4)

Omit section 6B^f3.

(5)

In Schedule 1 (the Boundary Commissions), after paragraph 12 insert—

“Functions of the Minister for the Cabinet Office

13.

In this Schedule, “the Secretary of State” means the Secretary of State or the Minister for the Cabinet Office.”

6Town and Country Planning Act 1990 (c. 8)I1

In paragraph 16(1) and (5) of Schedule 4B to the Town and Country Planning Act 1990 (regulations about referendums relating to neighbourhood development orders)^f1, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.

7Local Government Finance Act 1992 (c. 14)I1

In the following provisions of the Local Government Finance Act 1992, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—

(a)

section 52ZQ(1), (2) and (6) (regulations about referendums relating to council tax increases)^f1;

(b)

section 113(1), (2) and (3) (orders and regulations)^f2.

8Charities Act 1992 (c. 41)I1

(1)

The Charities Act 1992 is amended as follows.

(2)

In section 58(1) (interpretation)^f1, omit the definition of “the Minister”.

(3)

In the following provisions^f2, for “Minister” in each place substitute “Secretary of State”—

(a)

section 58(10) (power to amend definition of “professional fund-raiser”);

(b)

section 60B(6) (power to amend earnings limit in relation to lower-paid collectors)^f3;

(c)

section 61(8) (power to amend specified sums)^f4;

(d)

section 64(1) (regulations about fund-raising);

(e)

section 64A(1) (regulations in connection with regulating fund-raising)^f5;

(f)

section 64B(3) (approval of regulator)^f6;

(g)

section 77(1), (3) and (4) (regulations and orders);

(h)

section 79(2) (commencement).

9National Lottery etc. Act 1993 (c. 39)I1

(1)

The National Lottery etc. Act 1993 is amended as follows.

(2)

In section 22(3A) and (3C) (power to prescribe descriptions of expenditure for which money allocated to the Big Lottery Fund may be distributed)^f1, for “Minister for the Cabinet Office” substitute “Secretary of State”.

(3)

In section 25C(3)(a) (strategic plans for distributing bodies)^f2, omit “or the Minister for the Cabinet Office”.

(4)

Omit section 34(7) (annual reports by distributing bodies).

(5)

In section 36B(3) and (5) (limits on amount distributed by the Big Lottery Fund)^f3, for “Minister for the Cabinet Office” substitute “Secretary of State”.

(6)

Section 36E (directions to the Big Lottery Fund)^f4 is amended in accordance with paragraphs (7) to (13).

(7)

In subsection (1), for the words from “by” to the end substitute “by the Secretary of State (subject to subsection (4))”.

(8)

For subsection (2) substitute—

“(2)
A direction under this section may, in particular, specify matters to be taken into account in determining the person to whom, the purposes for which and the conditions subject to which the Fund distributes money.”

(9)

In subsection (3)—

(a)

for “subsection (1)(a) may” substitute “this section may, in particular”,

(b)

after paragraph (a) insert—

“(ab)
relate to the employment of staff;”, and

(c)

in paragraph (d), for “paragraph (a) or (c)” substitute “paragraphs (a) to (c)”.

(10)

In subsection (4), for the words from “subsection (1)(b)” to “Cabinet Office” substitute “this section, other than a direction given by virtue only of subsection (3), may not be given by the Secretary of State”.

(11)

In subsection (5), for the words from “subsection (1)(b)” to “Cabinet Office” substitute “this section, other than by virtue only of subsection (3), the Secretary of State”.

(12)

In subsection (7), for the words from “under subsection (1)(a)” to “Cabinet Office” substitute “by virtue only of subsection (3) the Secretary of State”.

(13)

In subsection (8)(b), for “Minister for the Cabinet Office” substitute “Secretary of State”.

(14)

In section 60(6) (orders and regulations)^f5, omit “or the Minister for the Cabinet Office”.

(15)

In Schedule 4A (the Big Lottery Fund: constitution, proceedings and money)^f6—

(a)

for “Minister for the Cabinet Office” in each place substitute “Secretary of State”, and

(b)

in paragraphs 6 and 18(1), for “section 36E(2)(b)” substitute “section 36E(3)(ab)”.

10Education Act 1996 (c. 56)I1

In section 507B(12) of the Education Act 1996^f1, for “the Minister for the Cabinet Office” substitute “the Secretary of State”.

11Greater London Authority Act 1999 (c. 29)I1

In section 17A(3) and (6) of the Greater London Authority Act 1999 (free delivery of election addresses)^f1, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.

12Representation of the People Act 2000 (c. 2)I1

For section 16A of the Representation of the People Act 2000^f1 substitute—

“Functions of the Minister for the Cabinet Office

16A
See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”

13Local Government Act 2000 (c. 22)I1

In the following provisions of the Local Government Act 2000, for “Chancellor of the Duchy of Lancaster” in each place substitute “Minister for the Cabinet Office”—

(a)

section 9HE(1), (4) and (5) (regulations about elections for elected mayors)^f1;

(b)

section 9MG(2), (3) and (6) (regulations about referendums relating to local authority governance arrangements)^f2;

(c)

section 44(1), (3A) and (3B) (power to make provision about elections)^f3;

(d)

section 105(2A) (orders and regulations)^f4.

14Freedom of Information Act 2000 (c. 36)I1

(1)

The Freedom of Information Act 2000 is amended as follows.

(2)

In the following provisions^f1 for “Chancellor of the Duchy” in each place substitute “Minister for the Cabinet Office”—

(a)

section 4(1), (5) and (7) (amendment of Schedule 1)^f2;

(b)

section 5(1) and (3) (further power to designate public authorities);

(c)

section 7(3), (4) and (8) (public authorities to which the Act has limited application)^f3;

(d)

section 9(3) (power to make regulations about fees for requests for information);

(e)

section 10(4) (power to make regulations amending time for compliance with request);

(f)

section 11A(8) (in the definition of “the specified licence”) (power, in code of practice issued under section 45, to specify different licences for different purposes)^f4;

(g)

section 11B(1) (regulations about fees for making relevant copyright works available for re-use)^f5;

(h)

section 12(4) and (5) (regulations about costs of complying with requests);

(i)

section 13(1) (regulations about fees for disclosing information where cost of compliance with request exceeds appropriate limit);

(j)

the heading of Part 3;

(k)

section 45(1), (4) and (5) (code of practice giving public authorities guidance in connection with discharge of functions under Part 1 of Act);

(l)

section 46(5)(a) (requirement to be consulted in relation to code of practice issued under section 46)^f6;

(m)

section 47(4B) to (4D) (amendment of list of services for which Information Commissioner may charge)^f7;

(n)

section 53(1)(a)(iii) and (5) (power to designate public authorities for purposes of exemption from duty to comply with decision notice or enforcement notice)^f8;

(o)

section 75(1) and (3) (power to amend or repeal enactments prohibiting disclosure of information);

(p)

section 82(1) (power to make regulations or order under Act exercisable by statutory instrument)^f9;

(q)

section 83(2) and (3) (designation of public authorities as excluded from definition of Welsh public authority)^f10;

(r)

section 84 (in the definition of “prescribed”) (interpretation of Act);

(s)

section 85(b) (expenses payable out of money provided by Parliament)^f11.

(3)

In section 84, omit the definition of “the Chancellor of the Duchy”.

(4)

In the heading of section 45, for the words from “by Chancellor” to the end substitute “by the Minister for the Cabinet Office”.

15Political Parties, Elections and Referendums Act 2000 (c. 41)I1

In the following provisions of the Political Parties, Elections and Referendums Act 2000, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—

(a)

section 2(2)(b) (Speaker’s Committee)^f1;

(b)

section 159A (functions of the Chancellor of the Duchy of Lancaster), including in the heading^f2;

(c)

paragraph 2(1)(c) of Schedule 2 (Speaker’s Committee)^f3.

16European Parliamentary Elections Act 2002 (c. 24)I1

For section 16B of the European Parliamentary Elections Act 2002^f1 substitute—

“Functions of the Minister for the Cabinet Office

16B
See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”

17European Parliament (Representation) Act 2003 (c. 7)I1

For section 26A of the European Parliament (Representation) Act 2003^f1 substitute—

“Functions of the Minister for the Cabinet Office

26A
See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”

18Electoral Administration Act 2006 (c. 22)I1

For section 74A of the Electoral Administration Act 2006^f1 substitute—

“Functions of the Minister for the Cabinet Office

74A
See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”

19Charities Act 2006 (c. 50)I1

(1)

The Charities Act 2006 is amended as follows.

(2)

In the following provisions, for “Minister” substitute “Secretary of State”—

(a)

section 63(1) and (6) (regulations);

(b)

section 72(2) (disclosure of information to and by the Northern Ireland regulator);

(c)

section 73(1) and (4) (duty to review and report on operation of the Act);

(d)

section 77 (amendments reflecting changes in company law audit provisions);

(e)

section 79(2) and (3) (commencement).

(3)

In section 78(6) (interpretation), omit the definition of “the Minister”.

20Dormant Bank and Building Society Accounts Act 2008 (c. 31)I1

(1)

The Dormant Bank and Building Society Accounts Act 2008 is amended as follows.

(2)

In the following provisions^f1, for “Minister for the Cabinet Office” in each place substitute “Secretary of State”—

(a)

section 17(4) and (5) (apportionment of dormant account money);

(b)

the heading before section 22;

(c)

section 22(2), (4)(e)(iii) and (5) (directions to Big Lottery Fund);

(d)

section 23(1), (2) and (4) (power to prohibit distribution in certain cases);

(e)

section 24(1), (2) and (6) (power to add or remove distributors);

(f)

section 26(3) (expenses);

(g)

section 28 (orders);

(h)

Schedule 3 (further provision about the functions of the Big Lottery Fund).

(3)

In section 22(4)(e)(ii), for “Minister for the Cabinet Office’s” substitute “Secretary of State’s”.

(4)

In sections 23(1) and 26(3), for “Minister” in each place substitute “Secretary of State”.

21Political Parties and Elections Act 2009 (c. 12)I1

For section 38A of the Political Parties and Elections Act 2009^f1 substitute—

“Functions of the Minister for the Cabinet Office

38A
See the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016, by virtue of which functions of the Secretary of State under this Act are exercisable concurrently with the Minister for the Cabinet Office.”

22Local Democracy, Economic Development and Construction Act 2009 (c. 20)I1

In the following provisions of the Local Democracy, Economic Development and Construction Act 2009, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—

(a)

section 114(1A) (power to make incidental etc provision in relation to orders under Schedule 5B)^f1;

(b)

section 116(1A) (power to make consequential provision in relation to orders under Schedule 5B)^f2;

(c)

in Schedule 5B (mayors for combined authority areas: further provision about elections)^f3, paragraphs 3 and 12(1), (4) and (5).

23Parliamentary Voting System and Constituencies Act 2011 (c. 1)I1

In section 14(4) of the Parliamentary Voting System and Constituencies Act 2011 (review of reduction in number of constituencies)^f1, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.

24Police Reform and Social Responsibility Act 2011 (c. 13)I1

In the following provisions of the Police Reform and Social Responsibility Act 2011, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—

(a)

section 50(4) (power to specify different day for police and crime commissioner election)^f1;

(b)

section 54(1)(b) and (2) (power to designate and confer functions on returning officers)^f2;

(c)

section 55(12) (returning officers: expenditure)^f3;

(d)

section 58(1) and (5) (power to make provision about police and crime commissioner elections)^f4;

(e)

section 65(3) (power to make provision about reference to an entity under the control of a local policing body etc)^f5;

(f)

section 66(8) (power to make provision about reference to an entity under the control of a relevant council)^f6;

(g)

section 70(1)(a) (power to specify form for declaration of acceptance of office by police and crime commissioner)^f7;

(h)

section 71(6) (judicial proceedings as to disqualification or vacancy: power to specify different maximum sum as security for costs of proceedings)^f8;

(i)

section 75(1) (duty to designate a local authority for each police area other than the metropolitan police district)^f9;

(j)

section 154(1) and (5) (orders and regulations)^f10.

25Charities Act 2011 (c. 25)I1

(1)

The Charities Act 2011 is amended as follows.

(2)

In the following provisions for “Minister” in each place substitute “Secretary of State”—

(a)

section 19(1) (fees payable to the Charity Commission);

(b)

section 23(1), (2) and (3) (power to add or remove exempt charities);

(c)

section 24 (power to remove defunct institutions);

(d)

section 27(1) (amendments in relation to duty of principal regulator);

(e)

section 30(2)(c)(i) (description of charity not required to be registered)

(f)

section 32(1), (2) and (3) (amendment of registration requirements);

(g)

section 33 (repeal of provisions relating to excepted charities);

(h)

section 35(2)(b) (duties of trustees in connection with registration);

(i)

section 36(2) (claims and objections to registration);

(j)

section 40 (requirement for disclosure of registered charity status);

(k)

section 42(2)(c) (power to require charity’s name to be changed);

(l)

section 58(5) (disclosure to and by principal regulators of exempt charities);

(m)

section 72 (amendment of power of Commission to make schemes);

(n)

section 73(2) (power to make schemes altering provision made by Acts);

(o)

section 78(8) (appointment of interim managers);

(p)

section 88(1)(b) (publicity relating to schemes);

(q)

section 109(3)(d) (dormant bank accounts);

(r)

section 119(4) requirements for dispositions other than certain leases);

(s)

section 128 (release of charity rentcharges);

(t)

section 132(1) (preparation of statement of accounts);

(u)

section 139(2) and (3) (exceptions to requirement to prepare group accounts);

(v)

section 142(1)(b) (definition of “group accounts”);

(w)

section 145(6) (examination of accounts for lower-income charities);

(x)

section 154(1) (audits and examinations);

(y)

section 162(1) (preparation of annual reports by charity trustees);

(z)

section 166(2) (annual reports and group accounts);

(aa)

section 174(1) (powers to set financial thresholds);

(bb)

section 175 (aggregate gross income of group);

(cc)

section 176(3) (powers to set financial thresholds);

(dd)

section 178A(4) (specified offences)^f1;

(ee)

section 181A(8) (disqualification orders)^f2;

(ff)

section 190 (indemnity insurance);

(gg)

section 247 (charitable incorporated organisations);

(hh)

section 285(1) (unincorporated charities);

(ii)

section 292 (special trusts);

(jj)

section 324(1) and (2) (appeals and applications to the Tribunal);

(kk)

section 331(1)(b) (definition of “charity law”);

(ll)

section 340(3) (enrolment and deposit of documents);

(mm)

section 347(1), (2) and (3) (general provisions on regulations and orders);

(nn)

section 348(4) (requirement to consult before making certain regulations);

(oo)

in Schedule 1 (Charity Commission), paragraphs 1(1)(a), (b) and (2), 3(2)(a), (b) and (3), 4(1), (2), (2)(a), (3) and (4);

(pp)

in Part 3 of Schedule 8 (transitionals and savings), paragraph 15(1);

(qq)

in Schedule 9 (transitory modifications), paragraphs 6(2), 29(3)(b) and 29(5)(b);

(3)

In section 25 (meaning of the “principal regulator”), for “Minister”, in the second place it appears, substitute “Secretary of State”.

(4)

In section 353(1), omit the definition of “the Minister”.

(5)

In Schedule 11 (index of defined expressions), omit the entry for “the Minister”.

26Electoral Registration and Administration Act 2013 (c. 6)I1

In section 25(1) of the Electoral Registration and Administration Act 2013 (meaning of “the Minister” etc)^f1, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.

27Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (c. 4)I1

In the following provisions of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—

(a)

the definition of “the Minister” in section 25(1) (interpretation)^f1;

(b)

section 33(13) (reporting of donations to recognised third parties)^f2.

28Wales Act 2014 (c. 29)I1

In the following provisions of the Wales Act 2014, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—

(a)

section 13(4)(a) (Assembly proposal for referendum on income tax provisions)^f1;

(b)

the definition of “the Minister” in paragraph 15(1) of Schedule 1 (referendum on income tax provisions)^f2.

29Recall of MPs Act 2015 (c. 25)I1

In section 22(1) of the Recall of MPs Act 2015 (interpretation)^f1, in the definition of “the Minister”, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.

30European Union Referendum Act 2015 (c. 36)I1

In section 11(1) of the European Union Referendum Act 2015, in the definition of “the Minister”, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.

31Charities (Protection and Social Investment) Act 2016 (c. 4)I1

(1)

The Charities (Protection and Social Investment) Act 2016 is amended as follows.

(2)

In the following provisions, for “Minister for the Cabinet Office” substitute “Secretary of State”—

(a)

section 16(1) (review of operation of Act);

(b)

section 17(4) (power to make commencement regulations).

(3)

In section 16(2), for “Minister” substitute “Secretary of State”.

32Immigration Act 2016 (c. 19)I1

In the following provisions of the Immigration Act 2016, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—

(a)

the definition of “relevant Minister” in section 83 (interpretation);

(b)

section 93(1), (4)(a) and (6) (regulations).

33Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)I1

(1)

The Representation of the People (England and Wales) Regulations 2001 are amended as follows.

(2)

In the following provisions, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—

(a)

the definition of “digital service” in regulation 3(1) (interpretation)^f1;

(b)

regulation 26(6), (9) and (11) (applications for registration)^f2;

(c)

regulation 26A(3) (application for alteration of name on register)^f3;

(d)

regulation 29ZA(1), (2) and (4) to (6) (verification of information provided in application)^f4;

(e)

regulation 29ZB(7) (processing of information provided in connection with application)^f5;

(f)

regulation 29(2BF)(b) (procedure for determining applications for registration and objections without a hearing)^f6;

(g)

regulation 32ZA(2)(b) (annual canvass)^f7;

(h)

regulation 32ZC(1)(b) (invitations to apply for registration)^f8.

(3)

In the following provisions, for “Chancellor of the Duchy” substitute “Minister for the Cabinet Office”—

(a)

regulation 29ZA(1);

(b)

regulation 29ZB(8)^f9.

34Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)I1

(1)

The Representation of the People (Scotland) Regulations 2001 are amended as follows.

(2)

In the following provisions, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”—

(a)

the definition of “digital service” in regulation 3(1) (interpretation)^f1;

(b)

regulation 26(6), (9) and (11) (applications for registration)^f2;

(c)

regulation 26A(3) (application for alteration of name on register)^f3;

(d)

regulation 29ZA(1), (2) and (4) to (6) (verification of information provided in application)^f4;

(e)

regulation 29ZB(7) (processing of information provided in connection with application)^f5;

(f)

regulation 29(2AF)(b) (procedure for determining applications for registration and objections without a hearing)^f6;

(g)

regulation 32ZA(2)(b) (annual canvass)^f7;

(h)

regulation 32ZC(1)(b) (invitations to apply for registration)^f8.

(3)

In the following provisions, for “Chancellor of the Duchy” substitute “Minister for the Cabinet Office”—

(a)

regulation 29ZA(1);

(b)

regulation 29ZB(8)^f9.

35European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184)I1

In regulation 8(1) and (3) of the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (copies of certain applications etc to be sent to the Secretary of State)^f1, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.

36Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917)I1

In article 2(1) of the Police and Crime Commissioner Elections Order 2012 (interpretation), in the definition of “the Minister”^f1, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.

37Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012 (S.I. 2012/2088)I1

In regulation 3 of the Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012 (address for submission of accounts)^f1, for “Chancellor of the Duchy of Lancaster” substitute “Minister for the Cabinet Office”.

38Tax Relief for Social Investments (Accreditation of Social Impact Contractor) Regulations 2014 (S.I. 2014/3066)I1

(1)

The Tax Relief for Social Investments (Accreditation of Social Impact Contractor) Regulations 2014 are amended as follows.

(2)

In the following provisions, for “Minister for the Cabinet Office” in each place substitute “Secretary of State”—

(a)

regulation 3(1)(c), (f) and (g) (criteria for social impact contracts)^f1;

(b)

regulations 4 and 5 (notification of accreditation or refusal);

(c)

regulation 6 (publication of information)^f2;

(d)

regulation 7(3)(a) and (b) (requirements of accreditation)^f3;

(e)

regulation 7A(1) (provision of information)^f4;

(f)

regulation 8(1) (notification of changes to contract and breach of conditions for approval);

(g)

regulation 9(1) and (2) (withdrawal of accreditation);

(h)

regulation 10(2) and (4)(a) and (b) (appeals against refusal to grant, or withdrawal of, accreditation)^f5.

(3)

In regulations 7(3)(b)(ii) and (4) and 7A(2), for “Minister” substitute “Secretary of State”.

(4)

In regulation 7A(2), for “Minister’s” substitute “Secretary of State’s”.

39Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/295)I1

In regulation 114(6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (forwarding of documents), for “Secretary of State” substitute “Minister”.

Explanatory note

(This note is not part of the Order)

Further to recent machinery of government changes, this Order makes provision for the transfer of functions to specified Ministers of the Crown.

By virtue of article 3 and Schedule 1, functions previously exercisable by the Secretary of State concurrently with the Chancellor of the Duchy of Lancaster (except those dealt with in article 5) will now instead be exercisable concurrently with the Minister for the Cabinet Office.

Article 5 provides for the functions of the Secretary of State under sections 3 and 4 of the Parliamentary Constituencies Act 1986 (c. 56) that are exercisable concurrently with the Chancellor of the Duchy of Lancaster to instead be exercisable concurrently with the Leader of the House of Commons.

Articles 4 and 6 make supplementary provision in connection with articles 3 to 5.

Article 7 transfers functions previously exercisable solely by the Chancellor of the Duchy of Lancaster to the Minister for the Cabinet Office. Article 8 makes supplementary provision in connection with article 7.

Article 9 provides for the Secretary of State’s function under regulation 114(6) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016 (S.I. 2016/925) to be exercisable concurrently with the Minister for the Cabinet Office.

Article 10 transfers from the Minister for the Cabinet Office to the Secretary of State, functions related to the work of the Office for Civil Society, for example functions relating to charities, charitable house to house collections, social impact contractor accreditation and functions relating to the Big Lottery Fund under the National Lottery etc. Act 1993 (c. 39) and the Dormant Bank and Building Society Accounts Act 2008 (c. 31). Article 10 also provides for the function of the Secretary of State under section 5(1) of the Police, Factories, &c. (Miscellaneous Provisions) Act 1916 (c. 31), which is currently exercisable by the Secretary of State concurrently with the Minister for the Cabinet Office, to cease to be exercisable by the Minister for the Cabinet Office. Article 11 makes supplementary provision in connection with article 10.

Article 12 is a saving provision in respect of anything done by or in relation to the Chancellor of the Duchy of Lancaster or the Minister for the Cabinet Office before the Order comes into force.

Article 13 and Schedule 2 make consequential amendments to primary and secondary legislation.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016

Annotations to the whole text

Footnotes

Contents