The Secretary of State for Energy and Climate Change Order 2009

• Citation: S.I. 2009/229
• Sections: 29

Section 1 Citation and commencement

(1) This Order may be cited as the Secretary of State for Energy and Climate Change Order 2009.

(2) This Order comes into force on 5th March 2009.

Section 2 Interpretation

(1) In this Order “instrument” includes, in particular, 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.

(2) For the purposes of this Order a function is a “former BERR function” so far as—

(a) it is transferred by article 4 , or

(b) it was entrusted to the Secretary of State for Business, Enterprise and Regulatory Reform immediately before 3rd October 2008 and has before the making of this Order been entrusted to the Secretary of State for Energy and Climate Change.

(3) For the purposes of this Order a function is a “former DEFRA function” so far as—

(a) it is transferred by article 5 , or

(b) it was entrusted to the Secretary of State for Environment, Food and Rural Affairs immediately before 3rd October 2008 and has before the making of this Order been entrusted to the Secretary of State for Energy and Climate Change.

Section 3 Incorporation of the Secretary of State for Energy and Climate Change

(1) The person who at the coming into force of this Order is the Secretary of State for Energy and Climate Change and any successor to that person is by that name a corporation sole.

(2) The corporate seal of the Secretary of State for Energy and Climate Change—

(a) is to 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) is to be officially and judicially noticed.

(3) Every document purporting to be an instrument made or issued by the Secretary of State for Energy and Climate Change and to be—

(a) sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2) , or

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

is to be received in evidence and to be 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 Energy and Climate Change that an instrument purporting to be made or issued by—

(a) the Secretary of State for Energy and Climate Change,

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

(c) the Secretary of State for Business, Enterprise and Regulatory Reform,

was so made or issued is conclusive evidence of that fact.

(5) The Documentary Evidence Act 1868 applies in relation to the Secretary of State for Energy and Climate Change—

(a) as if references to regulations and orders 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 Transfer of functions from the Secretary of State for Business, Enterprise and Regulatory Reform

The functions of the Secretary of State for Business, Enterprise and Regulatory Reform under or by virtue of the provisions mentioned in Schedule 1 are transferred to the Secretary of State for Energy and Climate Change.

Section 5 Transfer of functions from the Secretary of State for Environment, Food and Rural Affairs

The following functions of the Secretary of State for Environment, Food and Rural Affairs are transferred to the Secretary of State for Energy and Climate Change—

(a) functions by virtue of the definition of “the competent authority” in regulation 2(1) of the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 , and

(b) functions by virtue of regulation 3(2) of those Regulations.

Section 6 Transfer of property, rights and liabilities

(1) There are transferred to the Secretary of State for Energy and Climate Change all property, rights and liabilities to which the Secretary of State for Business, Enterprise and Regulatory Reform is entitled or subject at the coming into force of this Order in connection with any former BERR function.

(2) There are transferred to the Secretary of State for Energy and Climate Change all property, rights and liabilities to which the Secretary of State for Environment, Food and Rural Affairs is entitled or subject at the coming into force of this Order in connection with any former DEFRA function.

Section 7 Other supplemental provision

(1) In this article “transferor” means—

(a) in relation to a former BERR function or anything transferred by article 6(1) , the Secretary of State for Business, Enterprise and Regulatory Reform,

(b) in relation to a former DEFRA function or anything transferred by article 6(2) , the Secretary of State for Environment, Food and Rural Affairs.

(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 transferor may, so far as it relates to a former BERR function, a former DEFRA function or anything transferred by article 6 , be continued by or in relation to the Secretary of State for Energy and Climate Change.

(3) Anything done (or having effect as if done) by or in relation to the transferor in connection with a former BERR function, a former DEFRA function or anything transferred by article 6 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 Energy and Climate Change.

(4) Documents or forms printed for use in connection with a former BERR function or a former DEFRA function may be used in connection with that function even though they contain, or are to be read as containing, references to the transferor; 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 Energy and Climate Change.

(5) 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 Energy and Climate Change of any former BERR function or former DEFRA function, or

(b) the transfer of anything by article 6 ,

as if references to (and references which are to be read as references to) the transferor were or included references to the Secretary of State for Energy and Climate Change.

(6) In paragraphs (2) to (5) references to the transferor include references to the department or an officer of the transferor; and references to the Secretary of State for Energy and Climate Change are to be read accordingly.

Section 8 Supplemental: validity of things done before coming into force of Order

(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 Business, Enterprise and Regulatory Reform or the Secretary of State for Environment, Food and Rural Affairs before the coming into force of this Order.

(2) In paragraph (1) a reference to a Secretary of State includes a reference to the department or an officer of that Secretary of State.

Section 9 Consequential amendments

The primary and secondary legislation referred to in the headings in Parts 1 and 2 of Schedule 2 is amended as set out under the headings.

Section 1 Transport and Works Act 1992 (c. 42)

In section 23(10) , in both places where it appears, for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department of Energy and Climate Change”.

Section 2 Channel Tunnel Rail Link Act 1996 (c. 61)

In the following provisions for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Energy and Climate Change”—

(a) section 50(5)(b) ,

(b) paragraph 13 of Schedule 14, and

(c) paragraph 2(4) of Part 2 of Schedule 15.

Section 3 Regulation of Investigatory Powers Act 2000 (c. 23)

In Schedule 1 , before the entry for the Department for Environment, Food and Rural Affairs insert—

The Department of Energy and Climate Change.

Section 4 Natural Environment and Rural Communities Act 2006 (c. 16)

(1) In sections 78(1), 79(1), 80(3), 82(a) and (b) and 98(1), in each place after “DEFRA” insert “or DECC”.

(2) For section 86(2) substitute—

(2) In this Chapter “DEFRA or DECC function” means—

(a) a function which at the material time falls to be performed by or through the Department for Environment, Food and Rural Affairs, or

(b) a former DEFRA function which at the material time falls to be performed by or through the Department of Energy and Climate Change.

(2A) In subsection (2) “former DEFRA function” has the meaning given by article 2(3) of the Secretary of State for Energy and Climate Change Order 2009.

(3) For section 98(5) substitute—

(5) “DEFRA or DECC function” means—

(a) a function which falls to be performed by or through the Department for Environment, Food and Rural Affairs, or

(b) a former DEFRA function which falls to be performed by or through the Department of Energy and Climate Change.

(5A) In subsection (5) “former DEFRA function” has the meaning given by article 2(3) of the Secretary of State for Energy and Climate Change Order 2009.

Section 5 Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

In Schedule 1 in the appropriate place insert “Department of Energy and Climate Change”.

Section 6 Crossrail Act 2008 (c. 18)

In the following provisions for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Energy and Climate Change”—

(a) section 4(5)(b),

(b) paragraph 12 of Schedule 4, and

(c) paragraphs 2(4) and 13(3) of Part 2 of Schedule 17.

Section 7 Petroleum (Production) (Seaward Areas) Regulations 1988 ( S.I. 1988/1213 )

(1) In regulation 5(1) for “Licensing Branch, Oil and Gas Division, Department of Trade and Industry” substitute “Oil and Gas Licensing Administration, Energy Development Unit, Department of Energy and Climate Change”.

(2) In regulation 7(2) for “Department of Trade and Industry” substitute “Department of Energy and Climate Change”.

(3) In Schedule 3 —

(a) in Part 5, for “Department of Trade and Industry” substitute “Department of Energy and Climate Change”, and

(b) in Part 6, for the words from “To Oil and Gas Directorate” to “SW1H 0ET” substitute—

To Oil and Gas Licensing Administration

Energy Development Unit

Department of Energy and Climate Change

London SW1

Section 8 Gas Transit ( EEC Requirements) Regulations 1992 ( S.I. 1992/1190 )

In regulation 4(a), (c) and (d) for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Energy and Climate Change”.

Section 9 Petroleum (Production) (Landward Areas) Regulations 1995 ( S.I. 1995/1436 )

(1) In regulation 5(1)(a) for “Oil and Gas Division, Department of Trade and Industry” substitute “Energy Development Unit, Department of Energy and Climate Change”.

(2) In regulation 7(2) for “Department of Trade and Industry” substitute “Department of Energy and Climate Change”.

(3) In the definition of “the Minister” in clause 1(1) of the model clauses in each of Schedules 4 and 5 for “the Secretary of State for Trade and Industry” substitute “the Secretary of State for Energy and Climate Change”.

Section 10 Chemical Weapons (Notification) Regulations 1996 ( S.I. 1996/2503 )

In regulation 3(3) for the words from “Department for” to the end substitute “Department of Energy and Climate Change, NCLU, 3 Whitehall Place, London, SW1A 2HH, or sent by means of an electronic communications network to [email protected] ”.

Section 11 Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 ( S.I. 1998/1056 )

In regulation 4(7) for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Energy and Climate Change”.

Section 12 Nuclear Industries Security Regulations 2003 ( S.I. 2003/403 )

In regulations 23(3)(a) and 24(3)(a) for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Energy and Climate Change”.

Section 13 Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 ( S.I. 2003/3171 )

(1) Part 1 of the Schedule is amended as follows.

(2) After the entry for the Ministry of Defence insert—

Section 28 authorisation

Range 10 Officer in Coal Liabilities Unit

Section 28 authorisation

Range 9 Officer in Coal Liabilities Unit

(3) In the entry for the Department of Trade and Industry , omit the entry (in columns (2), (3) and (4)) relating to officers in the Coal Health Claims Unit.

Section 14 Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 ( S.I. 2004/352 )

(1) In clause 1(1) of the model clauses in Schedule 1 , in the definition of “the Minister”, for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Energy and Climate Change”.

(2) In clause 1(1) of the model clauses in Schedule 6 —

(a) in the definition of “Block”, for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department of Energy and Climate Change”, and

(b) in the definition of “the Minister”, for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Energy and Climate Change”.

Section 15 Electricity (Fuel Mix Disclosure) Regulations 2005 ( S.I. 2005/391 )

In paragraph 1 of the condition set out in the Schedule, in the definition of “fuel mix disclosure data table” for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department of Energy and Climate Change”.

Section 16 Damages (Government and Health Service Bodies) Order 2005 ( S.I. 2005/474 )

In Part 1 of the Schedule at the end insert “Department of Energy and Climate Change”.

Section 17 Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 ( S.I. 2005/2966 )

In Schedule 2 at the appropriate place insert “The Secretary of State for Energy and Climate Change”.

Section 18 Offshore Installations (Safety Case) Regulations 2005 ( S.I. 2005/3117 )

(1) In regulation 2(1) , in the definition of “field development programme”—

(a) for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department of Energy and Climate Change”, and

(b) for “the Department for Business, Enterprise and Regulatory Reform’s” substitute “the Department of Energy and Climate Change’s”.

(2) In regulation 6(1) and (2) for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department of Energy and Climate Change”.

Section 19 Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 ( S.I. 2007/292 )

(1) In regulation 2(1) in the definition of “the competent authority” for “Secretary of State for Environment, Food and Rural Affairs” substitute “Secretary of State for Energy and Climate Change”.

(2) In regulation 3(2) for “Secretary of State for Environment, Food and Rural Affairs” substitute “Secretary of State for Energy and Climate Change”.

Section 20 Petroleum Licensing (Production) (Seaward Areas) Regulations 2008 ( S.I. 2008/225 )

In clause 1(1) of the model clauses in the Schedule—

(a) in the definition of “Block”, for “the Department for Business, Enterprise and Regulatory Reform” substitute “the Department of Energy and Climate Change”, and

(b) in the definition of “the Minister”, for “the Secretary of State for Business, Enterprise and Regulatory Reform” substitute “the Secretary of State for Energy and Climate Change”.