The Transfer of Functions (Elections) Order 2014

• Citation: S.I. 2014/268
• Sections: 4

Section 1 Citation and commencement

(1) This Order may be cited as the Transfer of Functions (Elections) Order 2014.

(2) This Order comes into force on 11th March 2014.

Section 2 Functions of the Secretary of State to be exercisable concurrently with the Lord President

The Secretary of State’s functions under section 58(1) and (5)(c) of the Police Reform and Social Responsibility Act 2011 (orders about the election of police and crime commissioners) are to be exercisable concurrently with the Lord President of the Council.

Section 3 Supplementary

(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 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 may, so far as it relates to an article 2 function, be continued by or in relation to the Lord President.

(3) Anything done (or having effect as if done) by or in relation to the Secretary of State in connection with an article 2 function 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 Lord President.

(4) Documents or forms printed for use in connection with an article 2 function may be used in connection with the exercise of that function by the Lord President even though they contain, or are to be read as containing, references to the Secretary of State; and for the purposes of the use of any such documents or forms in connection with the exercise of that function by the Lord President, those references are to be read as references to the Lord President.

(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 article 2, as if references to (and references which are to be read as references to) the Secretary of State were or included references to the Lord President.

(6) In paragraphs (1) to (5)—

(a) references to the Secretary of State include references to the department or an officer of the Secretary of State, and

(b) references to the Lord President include references to the Cabinet Office or an officer in the Cabinet Office accordingly.

(7) In this article—

“article 2 function” means a function directed by article 2 to be exercisable concurrently with the Lord President;

“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;

“Lord President” means the Lord President of the Council.

Section 4 Consequential amendments

(1) The Police Reform and Social Responsibility Act 2011 is amended as follows.

(2) In section 58 (orders about the election of police and crime commissioners)—

(a) in subsection (1), after “Secretary of State” insert “or the Lord President of the Council”, and

(b) after subsection (5), insert—

(5A) In relation to the power to make an order under subsection (5)(c), subsection (5) has effect as if the reference to the Secretary of State were a reference to the Secretary of State or the Lord President of the Council.

(3) In section 154(1) and (5) (orders and regulations), after “Secretary of State” insert “or the Lord President of the Council”.