The Secretary of State for Culture, Olympics, Media and Sport Order 2010

• Citation: S.I. 2010/1551
• Sections: 25

Section 1 Citation and commencement

(1) This Order may be cited as the Secretary of State for Culture, Olympics, Media and Sport Order 2010.

(2) This Order comes into force on 7th July 2010.

Section 2 Interpretation

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;

“Olympics or Paralympics function” means a function which, by virtue of article 7 , ceases to be exercisable concurrently by the Paymaster General.

Section 3 Incorporation of the Secretary of State for Culture, Olympics, Media and Sport

(1) The person who at the coming into force of this Order is the Secretary of State for Culture, Olympics, Media and Sport and any successor to that person is by that name a corporation sole.

(2) The corporate seal of the Secretary of State for Culture, Olympics, Media and Sport—

(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 Culture, Olympics, Media and Sport 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 Culture, Olympics, Media and Sport that an instrument purporting to be made or issued by—

(a) the Secretary of State for Culture, Olympics, Media and Sport, or

(b) the Secretary of State for Culture, Media and Sport,

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 Culture, Olympics, Media and Sport—

(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 Secretary of State for Culture, Media and Sport

The functions of the Secretary of State for Culture, Media and Sport are transferred to the Secretary of State for Culture, Olympics, Media and Sport.

Section 5 Transfer of property, rights and liabilities from Secretary of State for Culture, Media and Sport

There are transferred to the Secretary of State for Culture, Olympics, Media and Sport all property, rights and liabilities to which the Secretary of State for Culture, Media and Sport is entitled or subject at the coming into force of this Order.

Section 6 Other supplemental provision: Culture, Media and Sport functions etc

(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 Secretary of State for Culture, Media and Sport may be continued by or in relation to the Secretary of State for Culture, Olympics, Media and Sport.

(2) Anything done (or having effect as if done) by or in relation to the Secretary of State for Culture, Media and Sport 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 Culture, Olympics, Media and Sport.

(3) Documents or forms printed for use in connection with a CMS function may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for Culture, Media and Sport; 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 Culture, Olympics, Media and Sport.

(4) 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 Culture, Olympics, Media and Sport of any CMS function, or

(b) the transfer of anything by article 5 ,

as if references to (and references which are to be read as references to) the Secretary of State for Culture, Media and Sport were or included references to the Secretary of State for Culture, Olympics, Media and Sport.

(5) For the purposes of this article a function is a “CMS function” so far as—

(a) it is transferred by article 4 , or

(b) it was entrusted to the Secretary of State for Culture, Media and Sport immediately before 12th May 2010 and has before the making of this Order been entrusted to the Secretary of State for Culture, Olympics, Media and Sport.

(6) In paragraphs (1) to (4) references to the Secretary of State for Culture, Media and Sport include references to the department or an officer of that Secretary of State; and references to the Secretary of State for Culture, Olympics, Media and Sport are to be read accordingly.

Section 7 Transfer of functions relating to Olympics and Paralympics

The functions under the following enactments and instrument which are exercisable by the Secretary of State and the Paymaster General concurrently shall cease to be exercisable by the Paymaster General—

(a) the National Lottery etc. Act 1993 ;

(b) the Olympic Symbol etc. (Protection) Act 1995 ;

(c) the Horserace Betting and Olympic Lottery Act 2004 ;

(d) the London Olympic Games and Paralympic Games Act 2006 ; and

(e) the Olympic Lotteries (Payments out of Fund) Regulations 2006 .

Section 8 Transfer of property, rights and liabilities relating to Olympics and Paralympics

There are transferred to the Secretary of State for Culture, Olympics, Media and Sport all property, rights and liabilities to which the Paymaster General is entitled or subject at the coming into force of this Order in connection with any Olympics or Paralympics function.

Section 9 Other supplemental provision: Olympics and Paralympics

(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 Paymaster General may, so far as it relates to any Olympics or Paralympics function or anything transferred by article 8 , be continued by or in relation to the Secretary of State for Culture, Olympics, Media and Sport.

(2) Anything done (or having effect as if done) by or in relation to the Paymaster General in connection with any Olympics or Paralympics function or anything transferred by article 8 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 Culture, Olympics, Media and Sport.

(3) 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 7 as if references to (and references which are to be read as references to) the Paymaster General were or included references to the Secretary of State;

(b) so far as is necessary for the purposes of or in consequence of article 8 as if references to (and references which are to be read as references to) the Paymaster General were or included references to the Secretary of State for Culture, Olympics, Media and Sport.

(4) In paragraphs (1) to (3) references to the Paymaster General include references to the department or an officer of the Paymaster General; and references to the Secretary of State or the Secretary of State for Culture, Olympics, Media and Sport are to be read accordingly.

Section 10 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 Culture, Media and Sport or the Paymaster General before the coming into force of this Order.

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

Section 11 Consequential amendments

The Schedule (consequential amendments) has effect.

Section 1 Imperial War Museum Act 1920

In paragraph (1) of the Schedule to the Imperial War Museum Act 1920 (trustees), for “The Secretary of State for Culture, Media and Sport” substitute “The Secretary of State for Culture, Olympics, Media and Sport”.

Section 2 Olympic Symbol etc. (Protection) Act 1995

In the following provisions of the Olympic Symbol etc. (Protection) Act 1995 , in each place omit “or the Paymaster General”—

(a) section 1 (creation of Olympics association right);

(b) section 4 (limits on effect of Olympics association right) ;

(c) section 5 (power to prescribe further limits on effect);

(d) section 7 (orders in relation to infringing goods, material or articles);

(e) section 15 (power to give directions to proprietor);

(f) section 18 (interpretation) .

Section 3 Channel Tunnel Rail Link Act 1996

In paragraph 5(5)(a) of Schedule 7 to the Channel Tunnel Rail Link Act 1996 (heritage), for “the Secretary of State for Culture, Media and Sport” substitute “the Secretary of State for Culture, Olympics, Media and Sport”.

Section 4 Horserace Betting and Olympic Lottery Act 2004

In the following provisions of the Horserace Betting and Olympic Lottery Act 2004 (“the 2004 Act ”) , in each place omit “or the Paymaster General” (and “or the Paymaster General’s”)—

(a) section 22 (Olympic lotteries: timing);

(b) section 23 (Olympic lottery distribution fund);

(c) section 26 (payments out of Olympic lottery distribution fund);

(d) section 28 (winding up of Olympic lottery distribution fund);

(e) section 30 (distribution);

(f) section 31 (distribution policy);

(g) section 32(1) (dissolution of Olympic lottery distributor);

(h) section 35 (changes in Olympic procedure);

(i) in Schedule 5 (Olympic lottery distributor), paragraphs 1, 4, 5, 14 (including the heading), 17, 19, 23 and 25.

Section 5 Horserace Betting and Olympic Lottery Act 2004

In section 32 of the 2004 Act (dissolution of Olympic lottery distributor), in subsections (5) and (7), for “Neither the Secretary of State nor the Paymaster General may” substitute “The Secretary of State may not”.

Section 6 Horserace Betting and Olympic Lottery Act 2004

(1) Section 34 of the 2004 Act (consequential amendments etc.) is amended as follows.

(2) In subsection (2)—

(a) insert “and” at the end of paragraph (a); and

(b) omit paragraph (aa) (together with the “and” following it).

(3) In subsection (7), omit paragraph (b) and the “and” immediately before it.

(4) In subsection (11), omit paragraph (za).

Section 7 Horserace Betting and Olympic Lottery Act 2004

In paragraph 3 of Schedule 5 to the 2004 Act (Olympic lottery distributor), for “Neither the Secretary of State nor the Paymaster General shall” substitute “The Secretary of State shall not”.

Section 8 London Olympic Games and Paralympic Games Act 2006

(1) In the following provisions of the London Olympic Games and Paralympic Games Act 2006 , in each place omit “or the Paymaster General” (and “or the Paymaster General’s”)—

(a) section 2 (alteration of Olympic documents);

(b) section 4 (general functions of Olympic Delivery Authority);

(c) section 8 (transfer schemes);

(d) section 9 (dissolution of Olympic Delivery Authority);

(e) section 19 (advertising regulations);

(f) section 20 (regulations: supplemental);

(g) section 23 (advertising: role of Olympic Delivery Authority);

(h) section 24 (local planning authorities);

(i) section 25 (street trading etc.);

(j) section 26 (section 25: supplemental);

(k) section 29 (trading: role of Olympic Delivery Authority);

(l) section 30 (trading: other authorities);

(m) section 35 (section 34: supplemental);

(n) section 36 (regional development agencies);

(o) section 37 (Scotland);

(p) section 40 (commencement and duration);

(q) section 41 (extent and application);

(r) in Schedule 1 (Olympic Delivery Authority), paragraphs 1, 3, 4, 6, 7, 8, 10, 11, 18 (including the heading), 24, 26, 28 and 32;

(s) in Schedule 2 (transfer schemes), paragraphs 2 (including the heading) and 10;

(t) in Schedule 4 (London Olympics association right), paragraphs 1, 3, 5 and 10.

(2) In section 34(3) of that Act (Greater London Authority: powers), omit paragraph (aa).

Section 9 Crossrail Act 2008

In paragraph 5(5) of Schedule 9 to the Crossrail Act 2008 (heritage), for “the Secretary of State for Culture, Media and Sport” substitute “the Secretary of State for Culture, Olympics, Media and Sport”.

Section 10 Planning (Listed Buildings and Conservation Areas) Regulations 1990

In Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Regulations 1990 , as it applies in relation to England only, for “the Secretary of State for Culture, Media and Sport” in each place substitute “the Secretary of State for Culture, Olympics, Media and Sport”.

Section 11 Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005

In Schedule 2 to the Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 (reporting authorities), for “The Secretary of State for Culture, Media and Sport” substitute “The Secretary of State for Culture, Olympics, Media and Sport”.

Section 12 Olympic Lotteries (Payments out of Fund) Regulations 2006

In regulations 2 and 3 of the Olympic Lotteries (Payments out of Fund) Regulations 2006 , in each place omit “or the Paymaster General”.

Section 13 Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

In column (2) of the table in Schedule 5 to the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (persons to be served with copy of application etc.), for “Secretary of State for Culture, Media and Sport” in each place substitute “Secretary of State for Culture, Olympics, Media and Sport”.

Section 14 Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010

In regulation 1(2) of the Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 (interpretation), in the definition of “Culture Secretary”, for “the Secretary of State for Culture, Media and Sport” substitute “the Secretary of State for Culture, Olympics, Media and Sport”.