The Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001

• Citation: S.I. 2001/2568
• Sections: 34

Section 1 Citation and commencement

(1) This Order may be cited as the Secretaries of State for Transport, Local Government and the Regions and for Environment, Food and Rural Affairs Order 2001.

(2) This Order shall come into force on 13th August 2001.

Section 2 Interpretation

(1) In this Order—

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

“property”, except in article 8, does not include immovable property.

(2) In this Order a reference to function of a Minister shall, in the case of a function which is exercisable by him jointly with another person or is otherwise shared by him with another person, be construed as a reference to his share in that function.

Section 3 Incorporation of the Secretary of State for Transport, Local Government and the Regions

(1) The person who at the coming into force of this Order is the Secretary of State for Transport, Local Government and the Regions and any successors to that person shall be, by that name, a corporation sole.

(2) The corporate seal of the Secretary of State for Transport, Local Government and the Regions shall—

(a) be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and

(b) be officially and judicially noticed.

(3) Every document purporting to be an instrument made or issued by the Secretary of State for Transport, Local Government and the Regions and—

(a) to be sealed with his corporate seal authenticated in the manner provided by paragraph (2), or

(b) to be signed or executed by a person authorised by a Secretary of State to act in that behalf,

shall be received in evidence and 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 Transport, Local Government and the Regions that any instrument purporting to be made or issued by—

(a) the Secretary of State for Transport, Local Government and the Regions,

(b) the Secretary of State for the Environment, Transport and the Regions,

(c) the Secretary of State for the Environment, or

(d) the Secretary of State for Transport,

was so made or issued shall be conclusive evidence of that fact.

(5) The Documentary Evidence Act 1868 shall apply in relation to the Secretary of State for Transport, Local Government and the Regions—

(a) as if references to orders and regulations included references to any document, and

(b) as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.

Section 4 Incorporation of the Secretary of State for Environment, Food and Rural Affairs

(1) The person who at the coming into force of this Order is the Secretary of State for Environment, Food and Rural Affairs and any successors to that person shall be, by that name, a corporation sole.

(2) The corporate seal of the Secretary of State for Environment, Food and Rural Affairs shall—

(a) be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and

(b) be officially and judicially noticed.

(3) Every document purporting to be an instrument made or issued by the Secretary of State for Environment, Food and Rural Affairs and to be—

(a) sealed with his corporate seal authenticated in the manner provided by paragraph (2), or

(b) signed or executed by a person authorised by a Secretary of State to act in that behalf,

shall be received in evidence and 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 Environment, Food and Rural Affairs that any instrument purporting to be made or issued by—

(a) the Secretary of State for Environment, Food and Rural Affairs,

(b) the Secretary of State for the Environment, Transport and the Regions, or

(c) the Secretary of State for the Environment,

was so made or issued shall be conclusive evidence of that fact.

(5) The Documentary Evidence Act 1868 shall apply in relation to the Secretary of State for Environment, Food and Rural Affairs—

(a) as if references to orders and regulations included references to any document, and

(b) as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.

Section 5 Transfer of certain functions of the Secretary of State

The functions of the Secretary of State under section 29(4) of and paragraph 2 of Schedule 3 to the Channel Tunnel Rail Link Act 1996 are hereby transferred to the Secretary of State for Transport, Local Government and the Regions and the Secretary of State for Environment, Food and Rural Affairs, acting jointly.

Section 6 Transfer of functions to Secretary of State

(1) The function of the Secretary of State for the Environment, Transport and the Regions under section 7(6) of the Road Traffic Regulation Act 1984 is hereby transferred to the Secretary of State.

(2) The function of the Secretary of State for the Environment, Transport and the Regions under section 35(3)(a) of the Land Drainage Act 1991 is hereby transferred to the Secretary of State.

Section 7 Transfer of functions to Secretary of State for Transport, Local Government and the Regions

(1) The functions of the Secretary of State for the Environment, Transport and the Regions are hereby transferred to the Secretary of State for Transport, Local Government and the Regions.

(2) This article does not apply to any function transferred by article 6.

Section 8 Transfer of certain immovable property

All immovable property in the United Kingdom to which the Secretary of State for the Environment, Transport and the Regions is entitled at the coming into force of this Order is hereby transferred to the Secretary of State for Transport, Local Government and the Regions.

Section 9 Transfer of property, rights and liabilities to Secretary of State for Transport, Local Government and the Regions

(1) All property, rights and liabilities to which the Secretary of State for the Environment, Transport and the Regions is entitled or subject at the coming into force of this Order are hereby transferred to the Secretary of State for Transport, Local Government and the Regions.

(2) This article does not apply to any property, rights or liabilities which are transferred by article 11 or 13.

Section 10 Transfers to Secretary of State for Transport, Local Government and the Regions: supplementary

(1) This article applies to—

(a) the functions of the Secretary of State for the Environment, Transport and the Regions which are transferred by article 7, and

(b) those functions which were entrusted to that Secretary of State before 7th June 2001 and which have, before the making of this Order, been entrusted to the Secretary of State for Transport, Local Government and the Regions.

(2) This Order does not affect the validity of anything done before the coming into force of this Order by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with a function to which this article applies.

(3) Anything which has been, or has effect as if, done by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with—

(a) a function to which this article applies, or

(b) anything transferred by article 8 or 9,

shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the Secretary of State for Transport, Local Government and the Regions.

(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 Secretary of State for the Environment, Transport and the Regions may, so far as it relates to—

(a) a function to which this article applies, or

(b) anything transferred by article 8 or 9,

be continued by or in relation to the Secretary of State for Transport, Local Government and the Regions.

(5) So far as may be necessary for the purposes of or in consequence of the transfer or entrusting to the Secretary of State for Transport, Local Government and the Regions of a function to which this article applies, an enactment or instrument passed or made before the coming into force of this Order shall have effect as if—

(a) any reference to the Secretary of State for the Environment, Transport and the Regions were a reference to the Secretary of State for Transport, Local Government and the Regions,

(b) any reference to the Department of the Environment, Transport and the Regions were a reference to the Department for Transport, Local Government and the Regions, and

(c) any reference to an officer of the Secretary of State for the Environment, Transport and the Regions were a reference to an officer of the Secretary of State for Transport, Local Government and the Regions.

The references to which this paragraph applies include any reference that is to be construed as a reference to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(6) Documents or forms printed for use in connection with a function to which this article applies may be used in connection with that function notwithstanding that they contain (or are to be construed as containing) references to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(7) For the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Transport, Local Government and the Regions, to his Department or to an officer of his.

Section 11 Transfer of property, rights and liabilities to Secretary of State for Environment, Food and Rural Affairs

(1) All property, rights and liabilities to which the Secretary of State for the Environment, Transport and the Regions is entitled or subject at the coming into force of this Order in connection with the functions to which this article applies are hereby transferred to the Secretary of State for Environment, Food and Rural Affairs.

(2) This article applies to—

(a) the function of the Secretary of State for the Environment, Transport and the Regions which is transferred by article 6(2), and

(b) those functions which were entrusted to that Secretary of State immediately before 7th June 2001 and which have, before the making of this Order, been entrusted to the Secretary of State for Environment, Food and Rural Affairs.

Section 12 Transfers to Secretary of State for Environment, Food and Rural Affairs: supplementary

(1) This Order does not affect the validity of anything done before the coming into force of this Order by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with a function to which article 11 applies.

(2) Anything which has been, or has effect as if, done by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with—

(a) a function to which article 11 applies, or

(b) anything transferred by that article,

shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the Secretary of State for Environment, Food and Rural Affairs.

(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 Secretary of State for the Environment, Transport and the Regions may, so far as it relates to—

(a) a function to which article 11 applies, or

(b) anything transferred by that article,

be continued by or in relation to the Secretary of State for Environment, Food and Rural Affairs.

(4) So far as may be necessary for the purposes of or in consequence of the transfer or entrusting to the Secretary of State for Environment, Food and Rural Affairs of a function to which article 11 applies, an enactment or instrument passed or made before the coming into force of this Order shall have effect as if—

(a) any reference to the Secretary of State for the Environment, Transport and the Regions were a reference to the Secretary of State for Environment, Food and Rural Affairs,

(b) any reference to the Department of the Environment, Transport and the Regions were a reference to the Department for Environment, Food and Rural Affairs, and

(c) any reference to an officer of the Secretary of State for the Environment, Transport and the Regions were a reference to an officer of the Secretary of State for Environment, Food and Rural Affairs.

The references to which this paragraph applies include any reference which is to be construed as a reference to the Secretary of State for the Environment, Transport and the Regions, to his Department or to any officer of his.

(5) Documents or forms printed for use in connection with a function to which article 11 applies may be used in connection with that function notwithstanding that they contain (or are to be construed as containing) references to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(6) For the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Environment, Food and Rural Affairs, to his Department or to an officer of his.

Section 13 Transfer of property, rights and liabilities to Secretary of State for Trade and Industry

(1) All property, rights and liabilities to which the Secretary of State for the Environment, Transport and the Regions is entitled or subject at the coming into force of this Order in connection with the functions to which this article applies are hereby transferred to the Secretary of State for Trade and Industry.

(2) This article applies to those functions which were entrusted to the Secretary of State for the Environment, Transport and the Regions immediately before 7th June 2001 and which have, before the making of this Order, been entrusted to the Secretary of State for Trade and Industry.

Section 14 Transfers to Secretary of State for Trade and Industry: supplementary

(1) This Order does not affect the validity of anything done before the coming into force of this Order by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with a function to which article 13 applies.

(2) Anything which has been, or has effect as if, done by or in relation to the Secretary of State for the Environment, Transport and the Regions in connection with—

(a) a function to which article 13 applies, or

(b) anything transferred by that article,

shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the Secretary of State for Trade and Industry.

(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 Secretary of State for the Environment, Transport and the Regions may, so far as it relates to—

(a) a function to which article 13 applies, or

(b) anything transferred by that article,

be continued by or in relation to the Secretary of State for Trade and Industry.

(4) So far as may be necessary for the purposes of or in consequence of the entrusting to the Secretary of State for Trade and Industry of a function to which article 13 applies, an enactment or instrument passed or made before the coming into force of this Order shall have effect as if—

(a) any reference to the Secretary of State for the Environment, Transport and the Regions were a reference to the Secretary of State for Trade and Industry,

(b) any reference to the Department of the Environment, Transport and the Regions were a reference to the Department of Trade and Industry, and

(c) any reference to an officer of the Secretary of State for the Environment, Transport and the Regions were a reference to an officer of the Secretary of State for Trade and Industry.

The references to which this paragraph applies include any reference which is to be construed as a reference to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(5) Documents or forms printed for use in connection with a function to which article 13 applies may be used in connection with that function notwithstanding that they contain (or are to be construed as containing) references to the Secretary of State for the Environment, Transport and the Regions, to his Department or to an officer of his.

(6) For the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Trade and Industry, to his Department or to an officer of his.

Section 15 Immovable property outside the United Kingdom

(1) The person from time to time holding office as the Secretary of State for Transport, Local Government and the Regions shall by virtue of that office—

(a) be Secretary of State for the Environment, Transport and the Regions so long as any immovable property outside the United Kingdom remains vested in that Secretary of State,

(b) be Secretary of State for the Environment so long as any such property remains vested in that Secretary of State ,

(c) be Minister of Public Building and Works so long as any such property remains vested in that Minister , and

(d) be First Commissioner of Works so long as the Commissioners of Works have not been dissolved by Order in Council under the Minister of Works Act 1942 .

(2) Section 5(1) to (3) and (5) of the Minister of Works Act 1942 (as set out with adaptations in Schedule 2 to the Secretary of State for the Environment Order 1970 ) shall continue to apply to the Secretary of State for Transport, Local Government and the Regions as Minister of Public Building and Works.

Section 16 Consequential amendments

The enactments mentioned in the Schedule to this Order shall have effect with the amendments specified in that Schedule.

Section 1

In section 86(6A) of the Transport Act 1962 , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

Section 2

In Schedule 2 to the Parliamentary Commissioner Act 1967 —

(a) the entry relating to the Department of the Environment, Transport and the Regions is hereby repealed; and

(b) there is inserted at the appropriate place “Department for Transport, Local Government and the Regions.”

Section 3

In section 137(7)(c) of the Transport Act 1968 , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

Section 4

In section 28 of the Courts Act 1971 , for “Secretary of State for the Environment, Transport and the Regions” (in both places it occurs) there is substituted “Secretary of State for Transport, Local Government and the Regions”.

Section 5

In section 51(3) of the Fair Trading Act 1973 , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

Section 6

In section 4(5) of the Local Government, Planning and Land Act 1980 , for “the Minister of Transport” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

Section 7

(1) The Road Traffic Regulation Act 1984 is amended as follows.

(2) In section 7(6) , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State”.

(3) In Schedule 5 , for “The Secretary of State for the Environment, Transport and the Regions” (in each place it occurs) there is substituted “The Secretary of State for Transport, Local Government and the Regions”.

Section 8

In paragraph 1(2) of Schedule 2 to the Airports Act 1986 , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

Section 9

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

(2) In section 228 , for “Secretary of State for the Environment, Transport and the Regions” (in both places it occurs) there is substituted “Secretary of State for Transport, Local Government and the Regions”.

(3) In section 245(1) , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(4) In section 265(1)(d) , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(5) In paragraph 8(2) of Schedule 6 , for “the Department of the Environment, Transport and the Regions” there is substituted “the Department for Transport, Local Government and the Regions”.

Section 10

In paragraph 7(2) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990 , for “the Department of the Environment, Transport and the Regions” there is substituted “the Department for Transport, Local Government and the Regions”.

Section 11

In paragraph 7(2) of the Schedule to the Planning (Hazardous Substances) Act 1990 , for “the Department of the Environment, Transport and the Regions” there is substituted “the Department for Transport, Local Government and the Regions”.

Section 12

(1) The Water Resources Act 1991 is amended as follows.

(2) In section 21(3)(e) , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(3) In paragraph 2(3)(f) of Schedule 5 , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(4) In Schedule 6—

(a) in paragraph 1(4)(g) , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”; and

(b) in paragraph 3(5) , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

Section 13

In section 35(3) of the Land Drainage Act 1991 —

(a) for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State”; and

(b) in paragraph (b), for “that Secretary of State” there is substituted “the Secretary of Transport, Local Government and the Regions”.

Section 14

In section 23(10) of the Transport and Works Act 1992 , for “the Department of the Environment, Transport and the Regions” (in both places) there is substituted “the Department for Transport, Local Government and the Regions”.

Section 15

(1) The Channel Tunnel Rail Link Act 1996 is amended as follows.

(2) In section 29(4) , for “Secretary of State” there is substituted “Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport, Local Government and the Regions acting jointly”.

(3) In section 50(5)(b) , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(4) In paragraph 2 of Schedule 3 —

(a) in sub-paragraph (2), for “Secretary of State” there is substituted “appropriate Ministers”;

(b) in sub-paragraph (3)—

(i) for “Secretary of State” there is substituted “appropriate Ministers”; and

(ii) for “he is” there is substituted “they are”;

(c) in sub-paragraph (4)—

(i) for “Secretary of State grants” there is substituted “appropriate Ministers grant”; and

(ii) for “he” there is substituted “they”;

(d) in sub-paragraph (8)—

(i) for “Secretary of State” there is substituted “appropriate Ministers”; and

(ii) for “him” there is substituted “them”;

(e) in sub-paragraph (9)—

(i) for “he directs” there is substituted “they direct”;

(ii) for “the Secretary of State’s functions” there is substituted “the appropriate Ministers' functions”; and

(iii) for “him” (in both places) there is substituted “them”; and

(f) after sub-paragraph (11) there is inserted—

(12) In this paragraph references to the appropriate Ministers are to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport, Local Government and the Regions and, in relation to the carrying out of any functions, are to those Ministers acting jointly.

(5) In paragraph 5(5)(a) of Schedule 7 , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(6) In paragraph 13 of Schedule 14 , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

(7) In paragraph 2(4)(a) of Part 2 of Schedule 15 , for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

Section 16

In Schedule 7 to the Town and Country Planning (Scotland) Act 1997 —

(a) in paragraph 3(8), for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”; and

(b) in paragraph 8(4)(b), for “the Secretary of State for the Environment, Transport and the Regions” there is substituted “the Secretary of State for Transport, Local Government and the Regions”.

Section 17

In the entry relating to the Water Resources Act 1991 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999, for paragraph (d) (functions referring to the Secretary of State for the Environment, Transport and the Regions) there is substituted—

(d) any function which is expressly referred to in this Act as a function of the Secretary of State for Transport, Local Government and the Regions.

Section 18

In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000—

(a) the entry relating to the Department of the Environment, Transport and the Regions is hereby repealed; and

(b) there is inserted at the appropriate place “The Department for Transport, Local Government and the Regions.”