Citation and commencement

1.—(1) This Order may be cited as the Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024.

(2) This Order comes into force on 30th October 2024.

Interpretation

2.  In this Order “ 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.

Certification of instruments purporting to be made or issued by the Secretary of State for Levelling Up, Housing and Communities

3.  A certificate signed by the Secretary of State for Housing, Communities and Local Government that an instrument purporting to be made or issued by the Secretary of State for Levelling Up, Housing and Communities was so made or issued is conclusive evidence of that fact.

Transfer of functions to the Secretary of State for Housing, Communities and Local Government

4.  The functions of the Secretary of State for Levelling Up, Housing and Communities are transferred to the Secretary of State for Housing, Communities and Local Government.

Transfer of property, rights and liabilities to the Secretary of State for Housing, Communities and Local Government

5.  There are transferred to the Secretary of State for Housing, Communities and Local Government all property, rights and liabilities to which the Secretary of State for Levelling Up, Housing and Communities is entitled or subject at the coming into force of this Order.

Supplementary provision in connection with articles4and5

6.—(1) In this article “ LUHC function” means any function so far as—

(a) it is transferred by article4, or

(b) it was entrusted to the Secretary of State for Levelling Up, Housing and Communities immediately before 10th July 2024 and has before the making of this Order been entrusted to the Secretary of State for Housing, Communities and Local Government.

(2) Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for Levelling Up, Housing and Communities may be continued by or in relation to the Secretary of State for Housing, Communities and Local Government.

(3) Anything done (or having effect as if done) by or in relation to the Secretary of State for Levelling Up, Housing and Communities 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 Housing, Communities and Local Government.

(4) 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 Housing, Communities and Local Government of a LUHC function, or

(b) the transfer of anything by article5,

as if references to (and references which are to be read as references to) the Secretary of State for Levelling Up, Housing and Communities were or included references to the Secretary of State for Housing, Communities and Local Government.

(5) Documents or forms printed for use in connection with a LUHC function may be used in connection with that function even though they contain (or are to be read as containing) references to the Secretary of State for Levelling Up, Housing and Communities.

(6) 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 Housing, Communities and Local Government.

(7) In paragraphs(2)to(6)references to a Secretary of State include references to the department or an officer of that Secretary of State.

Validity of things done before coming into force of Order

7.—(1) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State for Levelling Up, Housing and Communities before the coming into force of this Order.

(2) In paragraph(1)the reference to the Secretary of State for Levelling Up, Housing and Communities includes a reference to the department or an officer of that Secretary of State.

Consequential amendments

8.  The Schedule has effect.

Article 8

Schedule CONSEQUENTIAL AMENDMENTS

Part 1 Amendments to primary legislation

Transport Act 1962 (c. 46)

1.  In section 86(6A) of the Transport Act 1962( 2), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

Parliamentary Commissioner Act 1967 (c. 13)

2.  In Schedule 2 to the Parliamentary Commissioner Act 1967( 3)—

(a) omit “Department for Levelling Up, Housing and Communities”( 4), and

(b) at the appropriate place insert “Ministry of Housing, Communities and Local Government”.

Town and Country Planning Act 1990 (c. 8)

3.—(1) The Town and Country Planning Act 1990 is amended as follows.

(2) In the following provisions, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”—

(a) section 228(1) and (7) and the heading of that section( 5);

(b) section 245(1)(b)( 6);

(c) section 265(1)(d)( 7).

(3) In paragraph 8(2) of Schedule 6( 8), for “the Department for Levelling Up, Housing and Communities” substitute “the Ministry of Housing, Communities and Local Government”.

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

4.  In paragraph 7(2) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990( 9), for “the Department for Levelling Up, Housing and Communities” substitute “the Ministry of Housing, Communities and Local Government”.

Planning (Hazardous Substances) Act 1990 (c. 10)

5.  In paragraph 7(2) of the Schedule to the Planning (Hazardous Substances) Act 1990( 10), for “the Department for Levelling Up, Housing and Communities” substitute “the Ministry of Housing, Communities and Local Government”.

Transport and Works Act 1992 (c. 42)

6.  In section 23(10) of the Transport and Works Act 1992( 11), for “the Department for Levelling Up, Housing and Communities”, in both places, substitute “the Ministry of Housing, Communities and Local Government”.

Regulation of Investigatory Powers Act 2000 (c. 23)

7.  In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 for paragraph 9A( 12) substitute—

“9A   The Ministry of Housing, Communities and Local Government. ”.

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

8.—(1) The Political Parties, Elections and Referendums Act 2000 is amended as follows.

(2) In section 2(2)(b) and (2A)( 13), for “Levelling Up, Housing and Communities”, in each place, substitute “Housing, Communities and Local Government”.

(3) In paragraph 2(1)(c) and (1A)( 14) of Schedule 2, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

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

9.  In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004, for paragraph 8B( 15) substitute—

“8B   The Ministry of Housing, Communities and Local Government. ”

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

10.  In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007—

(a) omit “Department for Levelling Up, Housing and Communities”( 16), and

(b) at the appropriate place insert “Ministry of Housing, Communities and Local Government”.

Crossrail Act 2008 (c. 18)

11.  In the following provisions of the Crossrail Act 2008, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”—

(a) section 12(6) (in the definition of “appropriate Ministers”)( 17);

(b) section 54(5)( 18);

(c) paragraph 2(8) of Schedule 5 (in the definition of “appropriate Ministers”)( 19);

(d) paragraph 37(2) of Schedule 7( 20).

High Speed Rail (London – West Midlands) Act 2017 (c. 7)

12.  In the following provisions of the High Speed Rail (London – West Midlands) Act 2017, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”—

(a) section 64(5)( 21);

(b) paragraph 5(9) of Schedule 16 (in the definition of “appropriate Ministers”)( 22);

(c) paragraph 30 of Schedule 17 (in the definition of “appropriate Ministers”)( 23).

Digital Economy Act 2017 (c. 30)

13.  In the following provisions of the Digital Economy Act 2017, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”—

(a) paragraph 8 of Schedule 4( 24);

(b) paragraph 3 of Schedule 5( 25);

(c) paragraph 2 of Schedule 6( 26);

(d) paragraph 9 of Schedule 8( 27).

High Speed Rail (West Midlands – Crewe) Act 2021 (c. 2)

14.  In the following provisions of the High Speed Rail (West Midlands – Crewe) Act 2021, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”—

(a) section 56(5)( 28);

(b) paragraph 5(9) of Schedule 15 (in the definition of “appropriate Ministers”)( 29);

(c) paragraph 29 of Schedule 17 (in the definition of “appropriate Ministers”)( 30).

British Sign Language Act 2022 (c. 34)

15.  In the Schedule to the British Sign Language Act 2022, for paragraph 8 substitute—

“8.   Ministry of Housing, Communities and Local Government. ”

Part 2 Secondary legislation

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

16.—(1) The Representation of the People (England and Wales) Regulations 2001( 31) are amended as follows.

(2) In regulation 3(1), in the definition of “digital service” for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(3) In regulation 29ZA—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5) and (6), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(4) In regulation 29ZAA—

(a) in paragraph (2), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (3), (5), (6), (8), (9) and (10), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(5) In regulation 29ZAB—

(a) in paragraph (2), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (3), (5), (6) and (7), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(6) In regulation 29ZB, in paragraphs (7) and (8), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(7) In regulation 32ZBA(7)(a), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(8) In regulation 32ZBB—

(a) in paragraphs (1), (2), (3), (5), (6) and (7) for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”, and

(b) in paragraph (9), in paragraph (e) of the definition of “matching data”, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(9) In regulation 32ZBC, in paragraphs (3), (4) and (5), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(10) In regulation 56B—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5), (7), (8), and (9), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(11) In regulation 56D(7), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

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

17.—(1) The Representation of the People (Scotland) Regulations 2001( 32) are amended as follows.

(2) In regulation 3(1), in the definition of “digital service” for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(3) In regulation 29ZA—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5) and (6), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(4) In regulation 29ZAA—

(a) in paragraph (2), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (3), (5), (6), (8), (9) and (10), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(5) In regulation 29ZAB—

(a) in paragraph (2), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (3), (5), (6) and (7), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(6) In regulation 29ZB, in paragraphs (7) and (8), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(7) In regulation 32ZBA(7)(a), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(8) In regulation 32ZBB—

(a) in paragraphs (1), (2), (3), (5), (6) and (7) for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”, and

(b) in paragraph (9), in paragraph (e) of the definition of “matching data”, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(9) In regulation 32ZBC, in paragraphs (3), (4) and (5), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(10) In regulation 56B—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5), (7), (8), and (9), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(11) In regulation 56D(7), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

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

18.—(1) Schedule 2 to the Police and Crime Commissioner Elections Order 2012( 33) is amended as follows.

(2) In paragraph 16B—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5), (7), (8), and (9), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(3) In paragraph 16D(7), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

Old Oak and Park Royal Development Corporation (Establishment) Order 2015 ( S.I. 2015/53)

19.  In article 2(2) of the Old Oak and Park Royal Development Corporation (Establishment) Order 2015, for “Communities and Local Government”, in the second place it appears, substitute “Housing, Communities and Local Government”.

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

20.—(1) The Recall of MPs Act 2015 (Recall Petition) Regulations 2016( 34) are amended as follows.

(2) In regulation 72A—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5), (7), (8), and (9), for “Levelling Up, Housing and Communities”substitute “Housing, Communities and Local Government”.

(3) In regulation 72C(7), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

South Tees Development Corporation (Establishment) Order 2017 ( S.I. 2017/718)

21.  In article 2(2) of the South Tees Development Corporation (Establishment) Order 2017, for “Communities and Local Government”, in the second place it appears, substitute “Housing, Communities and Local Government”.

M25 Junction 28 Development Consent Order 2022 ( S.I. 2022/573)

22.  In article 52(14) of the M25 Junction 28 Development Consent Order 2022( 35), for “Department for Levelling Up, Housing and Communities” substitute “Ministry of Housing, Communities and Local Government”.

Voter Identification Regulations 2022 ( S.I. 2022/1382)

23.—(1) The Voter Identification Regulations 2022( 36) are amended as follows.

(2) In regulation 6—

(a) in paragraph (1), for “Levelling Up, Housing and Communities”, in both places, substitute “Housing, Communities and Local Government”, and

(b) in paragraphs (2), (4), (5), (7), (8), (9) and (11) for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(3) In regulation 14(6), for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

Middlesbrough Development Corporation (Establishment) Order 2023 ( S.I. 2023/103)

24.  In article 2(2) of the Middlesbrough Development Corporation (Establishment) Order 2023, for “Levelling Up, Housing and Communities”, in the second place it appears, substitute “Housing, Communities and Local Government”.

Hartlepool Development Corporation (Establishment) Order 2023 ( S.I. 2023/104)

25.  In article 2(2) of the Hartlepool Development Corporation (Establishment) Order 2023, for “Levelling Up, Housing and Communities”, in the second place it appears, substitute “Housing, Communities and Local Government”.

Non-Domestic Rating (Designated Areas) Regulations 2023 ( S.I. 2023/175)

26.  In Schedule 1 to the Non-Domestic Rating (Designated Areas) Regulations 2023, in paragraph 2, for “Levelling Up, Housing and Communities”, in the second place it appears, substitute “Housing, Communities and Local Government”.

Digital Government (Disclosure of Information) (Identity Verification Services) Regulations 2024 ( S.I. 2024/64)

27.  In the Schedule to the Digital Government (Disclosure of Information) (Identity Verification Services) Regulations 2024, in paragraph 10, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2024 ( S.I. 2024/181)

28.  In regulation 2 of the Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2024, in the definition of “Accounting Officer”, for “Department for Levelling Up, Housing and Communities” substitute “Ministry of Housing, Communities and Local Government”.

Non-Domestic Rating (Designated Areas) Regulations 2024 ( S.I. 2024/183)

29.  In Schedule 1 to the Non-Domestic Rating (Designated Areas) Regulations 2024, in paragraph 2, for “Levelling Up, Housing and Communities”, in the second place it appears, substitute “Housing, Communities and Local Government”.

Town and Country Planning (Former RAF Airfield Wethersfield) (Accommodation for Asylum-Seekers etc.) Special Development Order 2024 ( S.I. 2024/411)

30.—(1) The Town and Country Planning (Former RAF Airfield Wethersfield) (Accommodation for Asylum-Seekers etc.) Special Development Order 2024 is amended as follows.

(2) In article 2(1), in the definition of “Secretary of State”, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(3) In article 7(2)(b), for “Department for Levelling Up, Housing and Communities” substitute “Ministry of Housing, Communities and Local Government”.

Town and Country Planning (Former RAF Scampton) (Accommodation for Asylum-Seekers etc.) Special Development Order 2024 ( S.I. 2024/412)

31.—(1) The Town and Country Planning (Former RAF Scampton) (Accommodation for Asylum-Seekers etc.) Special Development Order 2024 is amended as follows.

(2) In article 2(1), in the definition of “Secretary of State”, for “Levelling Up, Housing and Communities” substitute “Housing, Communities and Local Government”.

(3) In article 7(2)(b), for “Department for Levelling Up, Housing and Communities” substitute “Ministry of Housing, Communities and Local Government”.

Explanatory Note

(This note is not part of the Order in Council)

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 renaming of the Department for Levelling Up, Housing and Communities as the Ministry of Housing, Communities and Local Government.

The Order does not provide for the Secretary of State for Housing, Communities and Local Government (“ SSHCLG”) to be a corporation sole, as this was achieved by article 7 of S.I. 2018/378. Article 3 of this Order does though make provision about the certification by that Secretary of State of instruments purporting to be made or issued by the Secretary of State for Levelling Up, Housing and Communities (“ SSLUHC”).

Article 4 transfers the functions of SSLUHC to SSHCLG and article 5 provides for the transfer of property, rights and liabilities from SSLUHC to SSHCLG. Article 6 makes supplementary provision about these transfers, in particular for ensuring continuity in the exercise of functions and in relation to property, rights and liabilities transferred. Article 7 preserves the validity of anything done by SSLUHC, the Department for Levelling Up, Housing and Communities and any officer of that department before the coming into force of the Order.

Article 8 introduces the Schedule, which makes consequential amendments to Acts of Parliament and secondary legislation.

Nothing in this Order alters the functions of the Welsh Ministers, the Scottish Ministers or the devolved authorities in Northern Ireland.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.