Made | 25th July 2007 | ||
Laid before Parliament | 1st August 2007 | ||
Coming into force | 22nd August 2007 |
Incorporation of the Secretary of State for Justice
3.
—(1) The person who at the coming into force of this Order is the Secretary of State for Justice and any successor to that person is by that name a corporation sole.
(2) The corporate seal of the Secretary of State for Justice—
(3) Every document purporting to be an instrument made or issued by the Secretary of State for Justice and to be—
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 Justice that an instrument purporting to be made or issued by—
was so made or issued is conclusive evidence of that fact.
(5) The Documentary Evidence Act 1868[2] applies in relation to the Secretary of State for Justice—
Transfer of functions from Secretary of State etc.
4.
—(1) The functions of the Secretary of State under the following enactments are transferred to the Lord Chancellor—
(2) The functions of the Secretary of State under the following enactments are transferred to the Secretary of State for Justice—
(3) The function of the Secretary of State for the Home Department under paragraph 1 of Schedule 1 to the Church Commissioners Measure 1947[7] is transferred to the Lord Chancellor.
Transfer of functions from Lord Chancellor
5.
—(1) The function of the Lord Chancellor under section 167(1)(c) of the Criminal Justice Act 2003 is transferred to the Secretary of State.
(2) The functions of the Lord Chancellor under the following enactments are transferred to the Secretary of State for the Home Department—
Transfer of property etc. to Secretary of State for Justice
6.
—(1) There are transferred to the Secretary of State for Justice—
(2) There are transferred to the Secretary of State for Justice all property, rights and liabilities not falling within paragraph (1) to which the Secretary of State for the Home Department is entitled or subject at the coming into force of this Order in connection with—
(3) There are transferred to the Secretary of State for Justice all property, rights and liabilities to which the Secretary of State for Constitutional Affairs is entitled or subject at the coming into force of this Order.
Supplementary
7.
—(1) This article applies to—
(2) In this article—
(b) "the transferee" means—
(3) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to any of the transferors before the coming into force of this Order.
(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 transferor may, so far as it relates to anything to which this article applies, be continued by or in relation to the transferee.
(5) Anything done (or having effect as if done) by or in relation to the transferor 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.
(6) Documents or forms printed for use in connection with functions to which this article applies may be used in connection with those functions even though they contain, or are to be read as containing, references to the transferor, or to the department or an officer of the transferor; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the transferee, or to the department or an officer of the transferee (as appropriate).
(7) 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 the transfer or entrusting to the transferee of anything to which this article applies, as if references to (and references which are to be read as references to) the transferor, or to the department or an officer of the transferor, were or included references to the transferee, or to the department or an officer of the transferee (as appropriate).
Consequential amendments
8.
The Schedule (consequential amendments) has effect.
Judith Simpson
Clerk of the Privy Council
Magistrates' Courts Act 1980 (c. 43)
5.
In section 125A(3)(a) of the Magistrates' Courts Act 1980[14], omit "and the Secretary of State, acting jointly".
Criminal Justice and Public Order Act 1994 (c. 33)
6.
In section 100(4) of the Criminal Justice and Public Order Act 1994, after "Secretary of State" (in both places) insert "for Justice".
Regulation of Investigatory Powers Act 2000 (c. 23)
7.
In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000[15], before paragraph 13A insert—
Courts Act 2003 (c. 39)
8.
—(1) The Courts Act 2003 is amended as follows.
(2) In section 70[16]—
(3) In section 72(3)[17], omit ", with the concurrence of the Secretary of State,".
(4) Omit section 72A(4)[18].
(5) In section 73(1)[19], omit "with the concurrence of the Secretary of State and".
Criminal Justice Act 2003 (c. 44)
9.
—(1) The Criminal Justice Act 2003 is amended as follows.
(2) In section 167[20]—
(b) in subsections (4), (6) and (9), for "Secretary of State" substitute "Lord Chancellor".
(3) In section 168[21], in subsections (1)(c) and (5), for "Secretary of State" substitute "Lord Chancellor".
(4) In section 170(8)(b)(ii), omit ", after consultation with the Secretary of State,".
(5) In section 171(3)(a), omit "the Secretary of State and".
(6) In section 173—
Domestic Violence, Crime and Victims Act 2004 (c. 28)
10.
—(1) The Domestic Violence, Crime and Victims Act 2004 is amended as follows.
(2) In sections 32, 33, 48, 49, 53, 54 and 55(1) to (6), after "Secretary of State" (in each place) insert "for Justice".
(3) In sections 33, 48, 49, 53, 54 and 55, for "Lord Chancellor" (in each place) substitute "Secretary of State for the Home Department".
(4) In Schedule 8, in paragraphs 1, 2, 8 and 9—
(5) In Schedule 9[22]—
Constitutional Reform Act 2005 (c. 4)
11.
In Schedule 7 to the Constitutional Reform Act 2005[23], under the entry for the Courts Act 2003, insert at the appropriate place—
"The Ministry of Justice | Operational manager responsible for security and operations in a directly managed prison | Duty Governor in a directly managed prison | (b)(d)" |
Regulation of Investigatory Powers (Communications Data) Order 2003 (S.I. 2003/3172)
20.
—(1) Part I of Schedule 2 to the Regulation of Investigatory Powers (Communications Data) Order 2003[36] is amended as follows.
(2) In the entry for the Home Office[37], omit the entry (in columns (2), (3) and (4)) relating to the senior operational manager in a directly managed prison.
(3) After the entry for the Home Office insert—
"The Ministry of Justice | Senior operational manager in a directly managed prison | — | (b)(d)" |
Damages (Government and Health Service Bodies) Order 2005 (S.I. 2005/474)
21.
In Part 1 of the Schedule to the Damages (Government and Health Service Bodies) Order 2005—
Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 (S.I. 2005/2966)
22.
—(1) Schedule 2 to the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005[38] is amended as follows.
(2) Omit "The Secretary of State for Constitutional Affairs".
(3) In the appropriate place insert—
Housing Benefit Regulations 2006 (S.I. 2006/213)
23.
—(1) The Housing Benefit Regulations 2006[39] are amended as follows.
(2) In Schedule 5, in paragraph 46, for "the Home Department" substitute "Justice".
(3) In Schedule 6, in paragraph 42, for "the Home Office" substitute "Justice".
Council Tax Benefit Regulations 2006 (S.I. 2006/215)
24.
—(1) The Council Tax Benefit Regulations 2006[40] are amended as follows.
(2) In Schedule 4, in paragraph 47, for "the Home Department" substitute "Justice".
(3) In Schedule 5, in paragraph 42, for "the Home Office" substitute "Justice".
[9] Paragraph 1 was substituted by the National Institutions Measure 1998 (No. 1), Sched. 4, para. 8(a); paragraph 1(a) was subsequently amended by S.I. 2006/1640, Sched. 1, para. 2; other amendments have been made to paragraph 1 which are not relevant to this Order.back
[10] Section 35 was substituted by S.I. 1963/597, Sched. 1.back
[11] An entry relating to the Lord Chancellor's Department was inserted in Part 1 of the Table by the Legal Aid Act 1988 (c. 34), Sched. 5, para. 1, and amended by the Access to Justice Act 1999 (c. 22), Sched. 4, para. 1; the reference to the Department for Constitutional Affairs was substituted for the reference to the Lord Chancellor's Department in that entry by S.I. 2003/1887, Sched. 2, para. 1; other amendments have been made to Schedule 1 which are not relevant to this Order.back
[12] Section 5(6) was inserted by section 110(1) of the Courts and Legal Services Act 1990 (c. 41); and amended by the Constitutional Reform Act 2005 (c. 4), Sched. 17, para. 6(2); other amendments have been made to section 5 which are not relevant to this Order.back
[13] Schedule 2 was substituted by S.I. 2005/3430, Sched.; the note relating to the Department for Constitutional Affairs was amended by the Constitutional Reform Act 2005 (c. 4), Sched. 17, para. 6(3); other amendments have been made to Schedule 2 which are not relevant to this Order.back
[14] Section 125A was inserted by section 92 of the Access to Justice Act 1999 (c. 22); an amendment has been made to section 125A which is not relevant to this Order.back
[15] Paragraph 13A was inserted by S.I. 2003/3171, art. 2(3); other amendments have been made to Part 1 of Schedule 1 which are not relevant to this Order.back
[16] Section 70 was amended by the Constitutional Reform Act 2005 (c. 4), Sched. 4, para. 333; other amendments have been made to section 70 which are not relevant to this Order.back
[17] Section 72 was amended by the Constitutional Reform Act 2005 (c. 4), Sched. 4, para. 335 and Sched.18, Part 2.back
[18] Section 72A was inserted by the Constitutional Reform Act 2005 (c. 4), Sched. 4, para. 336.back
[19] Section 73 was amended by the Constitutional Reform Act 2005 (c. 4), Sched. 4, para. 337.back
[20] Section 167 was amended by the Constitutional Reform Act 2005 (c. 4), Sched. 4, para. 357.back
[21] Section 168 was amended by the Constitutional Reform Act 2005 (c. 4), Sched. 4, para. 358.back
[22] Amendments have been made to Schedule 9 which are not relevant to this Order.back
[23] Amendments have been made to Schedule 7 which are not relevant to this Order.back
[24] Amendments have been made to S.I. 1968/1071 which are not relevant to this Order.back
[25] Amendments have been made to S.I. 1987/1967 which (apart from the amendments referred to in footnotes below) are not relevant to this Order.back
[26] Paragraph 50 of Schedule 9 was inserted by S.I. 1990/1776, reg. 10(b).back
[27] Paragraph 40 of Schedule 10 was inserted by S.I. 1990/1776, reg. 11(d).back
[28] Amendments have been made to S.I. 1987/1973 which (apart from the amendments referred to in footnotes below) are not relevant to this Order.back
[29] Paragraph 46 of Schedule 2 was inserted by S.I. 1990/1774, reg. 4.back
[30] Paragraph 42 of Schedule 3 was inserted by S.I. 1990/1774, reg. 5(c).back
[31] Amendments have been made to S.I. 1991/2887 which are not relevant to this Order.back
[32] Amendments have been made to S.I. 1996/207 which are not relevant to this Order.back
[33] Amendments have been made to S.I. 1996/2890 which are not relevant to this Order.back
[34] Amendments have been made to S.I. 2003/3171 which (apart from the amendment referred to in the footnote below) are not relevant to this Order.back
[35] The entry for the Home Office was amended by S.I. 2006/1874, Sched., para. 3.back
[36] Amendments have been made to S.I. 2003/3172 which (apart from the amendment referred to in the footnote below) are not relevant to this Order.back
[37] The entry for the Home Office was inserted by S.I. 2006/1878, art. 7.back
[38] Amendments have been made to S.I. 2005/2966 which are not relevant to this Order.back
[39] Amendments have been made to S.I. 2006/213 which are not relevant to this Order.back
[40] Amendments have been made to S.I. 2006/215 which are not relevant to this Order.back