The Transfer of Functions (War Pensions etc.) Order 2001

• Citation: S.I. 2001/3506
• Sections: 12

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Transfer of Functions (War Pensions etc.) Order 2001.

(2) This Order comes into force on 3rd December 2001.

(3) In this Order, “the war pensions functions” means such of the functions of the Secretary of State as—

(a) immediately before 7th June 2001, were entrusted to the Secretary of State for Social Security, and

(b) have, before the making of this Order, been entrusted to the Secretary of State for Defence.

Section 2 Transfer of functions

There are transferred to the Secretary of State the functions of the Secretary of State for Social Security under—

(a) the Pensions Appeal Tribunals Act 1943 , and

(b) section 315(3) of the Income and Corporation Taxes Act 1988 .

Section 3 Transfer of property, rights and liabilities

All property, rights and liabilities to which the Secretary of State for Social Security is entitled or subject at the coming into force of this Order in connection with the war pensions functions or the functions transferred by article 2 are transferred to the Secretary of State for Defence.

Section 4 Supplementary and consequential

(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 Social Security 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 Secretary of State for Social Security may, so far as it relates to any of the war pensions functions or to anything transferred by this Order, be continued by or in relation to the Secretary of State for Defence.

(3) Anything done (or having effect as if done) by or in relation to the Secretary of State for Social Security for the purposes of or in connection with any of the war pensions functions or anything transferred by this Order has effect, if in force at the coming into force of this Order, as if done by or in relation to the Secretary of State for Defence so far as is required for continuing its effect after the coming into force of this Order.

(4) Documents or forms printed for use in connection with the war pensions functions or the functions transferred by article 2 may be used in connection with those functions even though they contain, or are to be read as containing, references to the Secretary of State for Social Security, the Department of Social Security or an officer of the Secretary of State for Social Security; 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 Secretary of State for Defence, the Ministry of Defence or an officer of the Secretary of State for Defence (as appropriate).

(5) Any enactment or instrument passed or made before the coming into force of this Order has effect—

(a) so far as is necessary for the purposes of or in consequence of article 2, as if references to (and references which are to be read as references to) the Secretary of State for Social Security, his department or officers were references to the Secretary of State, his department or officers (as appropriate),

(b) so far as is necessary for the purposes of or in consequence of article 3, or of the entrusting to the Secretary of State for Defence of the war pensions functions, as if references to (and references which are to be read as references to) the Secretary of State for Social Security, his department or officers were references to the Secretary of State for Defence, the Ministry of Defence or officers of the Secretary of State for Defence (as appropriate).

(6) In paragraph (5) “instrument”, without prejudice to the generality of that expression, includes in particular Orders in Council, judgments, decrees, orders, rules, regulations, schemes, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents.

Section 5 Supplementary and consequential

The Schedule to this Order (consequential amendments) has effect.

Section 1

In section 12(1) of the Pensions Appeal Tribunals Act 1943, for the definition of “the Minister” substitute—

“the Minister” means the Secretary of State;

Section 2

In section 315(3) of the Income and Corporation Taxes Act 1988 , for “Secretary of State for Social Security” substitute “Secretary of State”.

Section 3

In section 25 of the Social Security Act 1989, in the definition of “war pension”, for the words from “, the Minister” to “Chelsea;” substitute “or the Commissioners for the Royal Hospital for Soldiers at Chelsea, or a pension or benefit administered by the Minister of the Crown with responsibility for defence (except one administered by him in the exercise of functions transferred to him from the Secretary of State for Social Security);”.

Section 4

(1) Schedule 4 to the Social Security Administration Act 1992 is amended as follows.

(2) In Part 1, under “Government departments” , after paragraph (c) insert—

(d) the Ministry of Defence.

(3) In Part 2, after paragraph 3 insert—

(3A) The reference in Part 1 of this Schedule to the Ministry of Defence is a reference to it only to the extent that the functions carried out in it relate to war pensions.

Section 5

In article 1(2) of the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 , omit the definition of “Secretary of State”.

Section 6

In—

(a) rule 4(3) of the Pensions Appeal Tribunals (England and Wales) Rules 1980 ,

(b) rule 4(3) of the Pensions Appeal Tribunals (Scotland) Rules 1981 , and

(c) rule 4(3) of the Pensions Appeal Tribunals (Northern Ireland) Rules 1981 ,

for the words from “Secretary of State” to the end substitute “Secretary of State for Defence”.

Section 7

In Part 1 of the Schedule to the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000, omit—

(a) in column 2, “Senior Executive Officer in War Pensions Agency”,

(b) in column 3, “Higher Executive Officer in War Pensions Agency”.