Citation and commencement

1. —(1) This Order may be cited as the Transfer of Functions (Statutory Instruments) Order 2006.

(2) This Order comes into force on 31st October 2006.

Interpretation

2. In this Order—

(a) “the Minister” means the Minister for the Civil Service;

(b) “instrument”, without prejudice to the generality of that expression, includes in particular Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.

Transfer of Functions

3. The following are transferred to the Secretary of State—

(a) the Minister’s functions under section 8(1) of the Statutory Instruments Act 1946( 2 ); and

(b) his functions under regulation 10(1) of the Statutory Instruments Regulations 1947( 3 ).

Transfer of property, rights and liabilities

4. All property, rights and liabilities to which the Minister is entitled or subject at the coming into force of this Order in connection with the functions transferred by article 3 are transferred to the Secretary of State for Constitutional Affairs.

Supplementary and consequential

5. —(1) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Minister before the coming into force of this Order.

(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 Minister may, so far as it relates to anything transferred by article 3 or 4, be continued by or in relation to the Secretary of State or, as the case may be, the Secretary of State for Constitutional Affairs.

(3) Anything done (or having effect as if done) by or in relation to the Minister in connection with anything transferred by article 3 or 4 has effect, so far as is 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 or, as the case may be, the Secretary of State for Constitutional Affairs.

6. —(1) In section 8(1) of the Statutory Instruments Act 1946, for the words “The Treasury” (which have effect as a reference to the Minister by virtue of article 3(2) of the Minister for the Civil Service Order 1968)( 4 ) substitute “The Secretary of State”.

(2) In regulation 10(1) of the Statutory Instruments Regulations 1947, for the words “the Treasury” (which have effect as a reference to the Minister by virtue of article 3(2) of the Minister for the Civil Service Order 1968), substitute “the Secretary of State”.

(3) Any other 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 article 3 or 4, as if references to (and references which are to be read as references to) the Minister were or included references to the Secretary of State or, as the case may be, the Secretary of State for Constitutional Affairs.