Statutory Instruments
2016 No. 1113
Ministers Of The Crown
The Transfer of Functions (Chequers and Dorneywood Estates) Order 2016
Made
16th November 2016
Laid before Parliament
23rd November 2016
Coming into force
14th December 2016
At the Court at Buckingham Palace, the 16th day of November 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( 1 ), is pleased, by and with the advice of Her Privy Council, to order as follows:
Citation and commencement
1. —(1) This Order may be cited as the Transfer of Functions (Chequers and Dorneywood Estates) Order 2016.
(2) This Order comes into force on 14th December 2016.
Transfer of functions
2. The functions of the Lord Privy Seal under the Chequers Estate Act 1917( 2 ) are transferred to the Chancellor of the Duchy of Lancaster.
3. —(1) The functions of the Lord Privy Seal under the Dorneywood trusts( 3 ) are transferred to the Chancellor of the Duchy of Lancaster.
(2) The “Dorneywood trusts” means the trusts created by the Deed of Settlement of a fund to be known as the “Dorneywood Thomson Endowment Trust Fund ‘B’” for the further endowment of the Dorneywood Estate, Burnham, Buckinghamshire, which was made on 23rd June 1944.
Transfer of property, rights and liabilities
4. There are transferred to the Chancellor of the Duchy of Lancaster all property, rights and liabilities to which the Lord Privy Seal is entitled or subject at the coming into force of this Order in connection with any function transferred by article 2 or 3.
Supplementary
5. —(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 the Lord Privy Seal may, so far as it relates to any function transferred by article 2 or 3, or anything transferred by article 4, be continued by or in relation to the Chancellor of the Duchy of Lancaster.
(2) Anything done (or having effect as if done) by or in relation to the Lord Privy Seal in connection with any function transferred by article 2 or 3, or anything transferred by article 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 Chancellor of the Duchy of Lancaster.
(3) 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 article 2, 3 or 4, as if references to (and references which are to be read as references to) the Lord Privy Seal were or included references to the Chancellor of the Duchy of Lancaster.
(4) This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Lord Privy Seal before the coming into force of this Order.
(5) In this article “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.
Consequential amendment
6. In the Schedule to the Chequers Estate Act 1917 (deed of settlement of the Chequers Estate), in clauses 1(e) and 10, for “the Lord Privy Seal” substitute “the Chancellor of the Duchy of Lancaster”.
Richard Tilbrook
Clerk of the Privy Council
1975 c. 26 ; section 1 was amended by section 20 of the Constitutional Reform Act 2005 (c. 4) .
7 & 8 Geo 5 c. 55. The Act was amended by the Chequers Estate Act 1958 (6 & 7 Eliz 2 c. 60), the Transfer of Functions (Chequers and Dorneywood Estates) Order 2013 ( S.I. 2013/537 ) and the Transfer of Functions (Chequers and Dorneywood Estates) Order 2014 ( S.I. 2014/2708 ); other amendments have been made to the Act which are not relevant to this Order.
The functions in question were transferred to the Lord Privy Seal by the Transfer of Functions (Chequers and Dorneywood Estates) Order 2014 ( S.I. 2014/2708 ). Prior to that those functions had been transferred to the Chancellor of the Duchy of Lancaster by the Transfer of Functions (Chequers and Dorneywood Estates) Order 2013 ( S.I. 2013/537 ).