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Statutory Instrument

The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016

Citation
S.I. 2016/992
As at
Sections
68
Section 1Citation and commencement

(1) This Order may be cited as the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016.

(2) This Order comes into force on 9th November 2016.

Section 2Interpretation

(1) In this Order “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.

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

(a) it is transferred by article 6(1) , or

(b) it was entrusted to the Secretary of State for Business, Innovation and Skills immediately before 13th July 2016 and has before the making of this Order been entrusted to the Secretary of State for Business, Energy and Industrial Strategy.

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

(a) it is transferred by article 6(2) , or

(b) it was entrusted to the Secretary of State for Energy and Climate Change immediately before 13th July 2016 and has before the making of this Order been entrusted to the Secretary of State for Business, Energy and Industrial Strategy.

(4) Paragraph (3)(b) does not apply to a function which, after the entrusting of the function to the Secretary of State for Business, Energy and Industrial Strategy but before the making of this Order, is transferred to the Oil and Gas Authority by Schedule 1 to the Energy Act 2016 or by regulations under section 2(2) of that Act.

Section 3Incorporation of the Secretary of State for Business, Energy and Industrial Strategy

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

(2) The corporate seal of the Secretary of State for Business, Energy and Industrial Strategy—

(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 Business, Energy and Industrial Strategy 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 Business, Energy and Industrial Strategy that an instrument purporting to be made or issued by—

(a) the Secretary of State for Business, Energy and Industrial Strategy,

(b) the Secretary of State for Business, Innovation and Skills,

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

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

(e) the Secretary of State for Innovation, Universities and Skills, or

(f) the Secretary of State for Trade and Industry,

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 Business, Energy and Industrial Strategy—

(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 4Incorporation of the Secretary of State for International Trade

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

(2) The corporate seal of the Secretary of State for International Trade—

(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 International Trade 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 International Trade that an instrument purporting to be made or issued by—

(a) the Secretary of State for International Trade,

(b) the Secretary of State for Business, Innovation and Skills,

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

(d) the Secretary of State for Innovation, Universities and Skills, or

(e) the Secretary of State for Trade and Industry,

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 International Trade—

(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 5Incorporation of the Secretary of State for Exiting the European Union

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

(2) The corporate seal of the Secretary of State for Exiting the European Union—

(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 Exiting the European Union 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 Exiting the European Union that an instrument purporting to be made or issued by that Secretary of State 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 Exiting the European Union—

(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 6Transfer of functions to the Secretary of State for Business, Energy and Industrial Strategy

(1) The functions of the Secretary of State for Business, Innovation and Skills (other than the function mentioned in article 10 ) are transferred to the Secretary of State for Business, Energy and Industrial Strategy.

(2) The functions of the Secretary of State for Energy and Climate Change are transferred to the Secretary of State for Business, Energy and Industrial Strategy.

Section 7Transfers of property, rights and liabilities to the Secretary of State for Business, Energy and Industrial Strategy

(1) There are transferred to the Secretary of State for Business, Energy and Industrial Strategy all property, rights and liabilities to which the Secretary of State for Business, Innovation and Skills is entitled or subject at the coming into force of this Order (other than property, rights and liabilities transferred by article 9(2) , 11(3) or 12(2) ).

(2) There are transferred to the Secretary of State for Business, Energy and Industrial Strategy all property, rights and liabilities to which the Secretary of State for Energy and Climate Change is entitled or subject at the coming into force of this Order.

Section 8Secretary of State for Business, Energy and Industrial Strategy: supplementary

(1) In this article, “the transferor” means—

(a) in relation to a former BIS function or anything transferred by article 7(1) , the Secretary of State for Business, Innovation and Skills, and

(b) in relation to a former DECC function or anything transferred by article 7(2) , the Secretary of State for Energy and Climate Change.

(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 BIS function, a former DECC function or anything transferred by article 7 , be continued by or in relation to the Secretary of State for Business, Energy and Industrial Strategy.

(3) Anything done (or having effect as if done) by or in relation to the transferor in connection with a former BIS function, a former DECC function or anything transferred by article 7 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 Business, Energy and Industrial Strategy.

(4) Documents or forms printed for use in connection with a former BIS function or a former DECC 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 Business, Energy and Industrial Strategy.

(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 Business, Energy and Industrial Strategy of a former BIS function or a former DECC function, or

(b) the transfer of anything by article 7 ,

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 Business, Energy and Industrial Strategy.

(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 Business, Energy and Industrial Strategy are to be read accordingly.

Section 9Functions passing to the Secretary of State for International Trade: supplementary

(1) For the purposes of this article, a function is a “trade function” so far as it was entrusted to the Secretary of State for Business, Innovation and Skills immediately before 13th July 2016 and has before the making of this Order been entrusted to the Secretary of State for International Trade.

(2) There are transferred to the Secretary of State for International Trade all property, rights and liabilities to which the Secretary of State for Business, Innovation and Skills is entitled or subject at the coming into force of this Order in connection with a trade function.

(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 Business, Innovation and Skills may, so far as it relates to a trade function or anything transferred by paragraph (2) , be continued by or in relation to the Secretary of State for International Trade.

(4) Anything done (or having effect as if done) by or in relation to the Secretary of State for Business, Innovation and Skills in connection with a trade function or anything transferred by paragraph (2) 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 International Trade.

(5) Documents or forms printed for use in connection with a trade 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 Business, Innovation and Skills; 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 International Trade.

(6) 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 entrusting to the Secretary of State for International Trade of a trade function, or

(b) the transfer of anything by paragraph (2) ,

as if references to (and references which are to be read as references to) the Secretary of State for Business, Innovation and Skills were or included references to the Secretary of State for International Trade.

(7) In paragraphs (3) to (6) , references to the Secretary of State for Business, Innovation and Skills include references to the department or an officer of the Secretary of State for Business, Innovation and Skills; and references to the Secretary of State for International Trade are to be read accordingly.

Section 10Transfer of functions to the Secretary of State for Education

The function of the Secretary of State for Business, Innovation and Skills under regulation 3 of the Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013 is transferred to the Secretary of State for Education.

Section 11Supplementary provision in relation to the Secretary of State for Education

(1) For the purposes of this article, a function is a “relevant education or skills function” so far as—

(a) it is transferred by article 10 , or

(b) it was entrusted to the Secretary of State for Business, Innovation and Skills immediately before 13th July 2016 and has, before the making of this Order, been entrusted to the Secretary of State for Education.

(2) Paragraph (1)(b) does not apply to an education or training (adult detention) function (as defined by article 12(1) ).

(3) There are transferred to the Secretary of State for Education all property, rights and liabilities to which the Secretary of State for Business, Innovation and Skills is entitled or subject at the coming into force of this Order in connection with a relevant education or skills function.

(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 Business, Innovation and Skills may, so far as it relates to a relevant education or skills function or anything transferred by paragraph (3) , be continued by or in relation to the Secretary of State for Education.

(5) Anything done (or having effect as if done) by or in relation to the Secretary of State for Business, Innovation and Skills in connection with a relevant education or skills function or anything transferred by paragraph (3) 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 Education.

(6) Documents or forms printed for use in connection with a relevant education or skills 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 Business, Innovation and Skills; 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 Education.

(7) 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 Education of a relevant education or skills function, or

(b) the transfer of anything by paragraph (3) ,

as if references to (and references which are to be read as references to) the Secretary of State for Business, Innovation and Skills were or included references to the Secretary of State for Education.

(8) In paragraphs (4) to (7) , references to the Secretary of State for Business, Innovation and Skills include references to the department or an officer of the Secretary of State for Business, Innovation and Skills; and references to the Secretary of State for Education are to be read accordingly.

Section 12Functions passing to the Secretary of State for Justice: supplementary

(1) For the purposes of this article, a function is an “education or training (adult detention) function” so far as—

(a) the function was entrusted to the Secretary of State for Business, Innovation and Skills immediately before 13th July 2016,

(b) at any time after that date, but before the making of this Order, the function was entrusted to the Secretary of State for Education, and

(c) the function has, since the date it was entrusted to the Secretary of State for Education but before the making of this Order, been entrusted to the Secretary of State for Justice.

(2) There are transferred to the Secretary of State for Justice all property, rights and liabilities to which the Secretary of State for Business, Innovation and Skills or the Secretary of State for Education is entitled or subject at the coming into force of this Order in connection with an education or training (adult detention) function.

(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 Business, Innovation and Skills may, so far as it relates to an education or training (adult detention) function or anything transferred by paragraph (2) , be continued by or in relation to the Secretary of State for Justice.

(4) Anything done (or having effect as if done) by or in relation to the Secretary of State for Business, Innovation and Skills in connection with an education or training (adult detention) function or anything transferred by paragraph (2) 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 Justice.

(5) Documents or forms printed for use in connection with an education or training (adult detention) 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 Business, Innovation and Skills; 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 Justice.

(6) 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 entrusting to the Secretary of State for Justice of an education or training (adult detention) function, or

(b) the transfer of anything by paragraph (2) ,

as if references to (and references which are to be read as references to) the Secretary of State for Business, Innovation and Skills were or included references to the Secretary of State for Justice.

(7) In paragraphs (3) to (6) , references to the Secretary of State for Business, Innovation and Skills include references to the department of or an officer of the Secretary of State for Business, Innovation and Skills; and references to the Secretary of State for Justice are to be read accordingly.

(8) References in paragraphs (3) to (7) to the Secretary of State for Business, Innovation and Skills are to be read, in relation to the period during which an education or training (adult detention) function was entrusted to the Secretary of State for Education, as if they were or included references to the Secretary of State for Education.

Section 13Validity 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, Innovation and Skills, the Secretary of State for Energy and Climate Change or the Secretary of State for Education before the coming into force of this Order.

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

Section 14Consequential amendments

The Schedule has effect.

Section 1Public Records Act 1958 (c. 51)

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 1 of the Table at the end of paragraph 3, in the entry for the Meteorological Office , for “Department for Business, Innovation and Skills” substitute “Department for Business, Energy and Industrial Strategy”.

Section 2Parliamentary Commissioner Act 1967 (c. 13)

In Schedule 2 to the Parliamentary Commissioner Act 1967 (Departments etc subject to investigation) —

(a) omit “Department for Business, Innovation and Skills” and “Department of Energy and Climate Change”, and

(b) at the appropriate places insert “Department for Business, Energy and Industrial Strategy” and “Department for International Trade”.

Section 3Coinage Act 1971 (c. 24)

(1) The Coinage Act 1971 is amended as follows.

(2) In section 6(3) (standard trial plates) , for “the National Weights and Measures Laboratory of the Department for Business, Innovation and Skills” substitute “the Regulatory Delivery Directorate of the Department for Business, Energy and Industrial Strategy”.

(3) In section 8(2)(d) (trial of the pyx) , for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

Section 4Police and Criminal Evidence Act 1984 (c. 60)

In section 114A(2)(a) of the Police and Criminal Evidence Act 1984 (power to apply Act to officers of the Secretary of State etc) , for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Business, Energy and Industrial Strategy”.

Section 5Weights and Measures Act 1985 (c. 72)

(1) The Weights and Measures Act 1985 is amended as follows.

(2) In section 3(1) and (5) (secondary, tertiary and coinage standards) , for “Department for Business, Innovation and Skills standards” substitute “Department for Business, Energy and Industrial Strategy standards”.

(3) In section 94(1) (interpretation) , for “Department for Business, Innovation and Skills standards” substitute “Department for Business, Energy and Industrial Strategy standards”.

(4) In Part 5 of Schedule 2 (authorised copies of UK standards of the yard and pound), in paragraph (e) , for “National Weights and Measures Laboratory of the Department for Business, Innovation and Skills” substitute “Regulatory Delivery Directorate of the Department for Business, Energy and Industrial Strategy”.

Section 6Transport and Works Act 1992 (c. 42)

In section 23(10) of the Transport of Works Act 1992 (exercise of Secretary of State’s functions by appointed person) , for “the Department of Energy and Climate Change” in each place substitute “the Department for Business, Energy and Industrial Strategy”.

Section 7Channel Tunnel Rail Link Act 1996 (c. 61)

In the following provisions of the Channel Tunnel Rail Link Act 1996, for “the Secretary of State for Energy and Climate Change” substitute “the Secretary of State for Business, Energy and Industrial Strategy”—

(a) section 50(5)(b) (overhead lines) ;

(b) paragraph 13 of Schedule 14 (overhead lines: consent) ;

(c) paragraph 2(4)(a) of Part 2 of Schedule 15 (protection for electricity, gas, water and sewerage undertakers) .

Section 8Regulation of Investigatory Powers Act 2000 (c. 23)

In Part 1 of Schedule 1 to the Regulation of Investigatory Powers Act 2000 (relevant public authorities) —

(a) before paragraph 9A insert—

(9ZC) The Department for Business, Energy and Industrial Strategy.

(b) omit paragraph 9ZB (Department for Business, Innovation and Skills) and the entry in paragraph 10ZA for the Department of Energy and Climate Change.

Section 9Domestic Violence, Crime and Victims Act 2004 (c. 28)

In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004 (authorities within remit of Commissioner for Victims and Witnesses) —

(a) at the beginning of the list of government departments insert—

(1VA) The Department for Business, Energy and Industrial Strategy.

(b) omit paragraph 1WA (Department for Business, Innovation and Skills).

Section 10Serious Organised Crime and Police Act 2005 (c. 15)

In section 71 of the Serious Organised Crime and Police Act 2005 (assistance by offender: immunity from prosecution), in subsections (4)(db), (6A) and (6C), for “Secretary of State for Business, Innovation and Skills” substitute “Secretary of State for Business, Energy and Industrial Strategy”.

Section 11Natural Environment and Rural Communities Act 2006 (c. 16)

(1) The Natural Environment and Rural Communities Act 2006 is amended as follows.

(2) In the following provisions , for “or DECC” substitute “or BEIS”—

(a) section 78(1) (agreement between Secretary of State and designated body);

(b) section 79(1) (agreement between designated bodies);

(c) section 80(3) (designated bodies);

(d) section 82(a) and (b) (maximum duration of agreement);

(e) section 86(2) (interpretation);

(f) section 98(1) and (5) (financial assistance).

(3) In section 86—

(a) in subsection (2)(b), for “Department of Energy and Climate Change” substitute “Department for Business, Energy and Industrial Strategy”, and

(b) in subsection (2A) , after “2009” insert “(and see also the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016)”.

(4) In section 98—

(a) in subsection (5)(b), for “Department of Energy and Climate Change” substitute “Department for Business, Energy and Industrial Strategy ”, and

(b) in subsection (5A) , after “2009” insert “(and see also the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016)”.

Section 12Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007 (list of government departments etc) —

(a) at the appropriate place insert “Department for Business, Energy and Industrial Strategy”,

(b) omit “Department for Business, Innovation and Skills” and “Department of Energy and Climate Change”.

Section 13Crossrail Act 2008 (c. 18)

In the following provisions of the Crossrail Act 2008 , for “the Secretary of State for Energy and Climate Change” substitute “the Secretary of State for Business, Energy and Industrial Strategy”—

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

(b) paragraph 12 of Schedule 4 (overhead lines: consent), and

(c) paragraphs 2(4) and 13(3) of Part 2 of Schedule 17 (protection for electricity, gas, water and sewerage undertakers).

Section 14Housing (Right to Buy) (Service Charges) Order 1986 ( S.I. 1986/2195 )

In article 2 of the Housing (Right to Buy) (Service Charges) Order 1986 (interpretation), in the definition of “index figure” —

(a) for “BIS” in each place substitute “BEIS”, and

(b) for “Department for Business, Innovation and Skills” substitute “Department for Business, Energy and Industrial Strategy”.

Section 15Insolvency Rules 1986 ( S.I. 1986/1925 )

In rule 13.13(2) of the Insolvency Rules 1986 (expressions used generally) , for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

Section 16Companies House Trading Fund Order 1991 ( S.I. 1991/1795 )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 17Patent Office Trading Fund Order 1991 ( S.I. 1991/1796 )

(1) The Patent Office Trading Fund Order is amended as follows.

(2) At the end of article 2 (establishment of the fund) insert—

From the coming into force of the Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016, the fund is to be for the operations of that part of the Department for Business, Energy and Industrial Strategy known as the Patent Office so far as those operations correspond to those described in Schedule 1 to this Order.

(3) In article 3 (source of loans) , for “for Business, Innovation and Skills” substitute “for Business, Energy and Industrial Strategy”.

Section 18Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994 ( S.I. 1994/1438 )

In the Schedule to the Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994, for “The Secretary of State for Business, Innovation and Skills” substitute “The Secretary of State for Business, Energy and Industrial Strategy”.

Section 19Insolvency Regulations 1994 ( S.I. 1994/2507 )

In regulation 3(3) of the Insolvency Regulations 1994 (interpretation and application) , for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

Section 20Meteorological Office Trading Fund Order 1996 ( S.I. 1996/774 )

(1) The Meteorological Office Trading Fund Order 1996 is amended as follows.

(2) In article 3 (source of loans) , for “Secretary of State for Business, Innovation and Skills” substitute “Secretary of State for Business, Energy and Industrial Strategy”.

(3) In Schedule 1 (funded operations) , for “Department for Business, Innovation and Skills” substitute “Department for Business, Energy and Industrial Strategy”.

Section 21Chemical Weapons (Notification) Regulations 1996 ( S.I. 1996/2503 )

In regulation 3(3) of the Chemical Weapons (Notification) Regulations 1996 (notification to the Secretary of State) , for the words from “, Department of” to the end substitute “at the address given on its website as its postal address, or sent by means of an electronic communications network to the address given on the Authority’s website as its address for electronic communications”.

Section 22Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 ( S.I. 1998/1056 )

In regulation 4(7) of the Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 (oil pollution emergency plans) , for “the Secretary of State for Energy and Climate Change” substitute “the Secretary of State for Business, Energy and Industrial Strategy”.

Section 23Trial of the Pyx Order 1998 ( S.I. 1998/1764 )

In articles 4(4) and 15(2) of the Trial of the Pyx Order 1998, for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

Section 24Building Societies (Business Names) Regulations 1998 ( S.I. 1998/3186 )

In column (2) of the Schedule to the Building Societies (Business Names) Regulations 1998 (specification of relevant bodies etc) , for “Department for Business, Innovation and Skills” substitute “Department for Business, Energy and Industrial Strategy”.

Section 25Railway Administration Order Rules 2001 ( S.I. 2001/3352 )

In rule 1.2(1) of the Railway Administration Order Rules 2001 (construction and interpretation) , in the definition of “the Department”, for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

Section 26Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 ( S.I. 2002/2326 )

(1) The Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 is amended as follows.

(2) In article 2 (definitions) —

(a) for “BIS investigator” in each place substitute “BEIS investigator”,

(b) for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Business, Energy and Industrial Strategy”, and

(c) for “BIS investigation” substitute “BEIS investigation”.

(3) In article 3(1)(b) and in the heading to article 3 (application of certain provisions of 1984 Act to investigations) , for “BIS investigations” in each place substitute “BEIS investigations”.

(4) In article 4 (modifications) —

(a) for “BIS investigator” in each place substitute “BEIS investigator”, and

(b) in paragraph (5)(b), (c) and (d), for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Business, Energy and Industrial Strategy”.

Section 27Community Investment Tax Relief (Accreditation of Community Development Finance Institutions) Regulations 2003 ( S.I. 2003/96 )

In the Community Investment Tax Relief (Accreditation of Community Development Finance Institutions) Regulations 2003, in the following provisions for “Department for Business, Innovation and Skills” substitute “Department for Business, Energy and Industrial Strategy”—

(a) regulation 7(4);

(b) regulation 12A(2) ;

(c) regulation 13(1) and (4);

(d) regulation 15(2)(b)(ii);

(e) regulation 16(3)(b).

Section 28Land Registration Rules 2003 ( S.I. 2003/1417 )

(1) In the Land Registration Rules 2003, in the following provisions for “the Secretary of State for Business, Innovation and Skills” in each place substitute “the Secretary of State for Business, Energy and Industrial Strategy”—

(a) form CIT in Schedule 1 ;

(b) column 1 of Schedule 5 .

(2) Forms of the kind mentioned in paragraph (1)(a) may be used after the coming into force of this Order even though they contain, or are to be read as containing, references to the Secretary of State for Business, Innovation and Skills; and those references are to be read as references to the Secretary of State for Business, Energy and Industrial Strategy.

Section 29Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004 ( S.I. 2004/1034 )

In article 2(2) of the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004, for “the Secretary of State for Business, Innovation and Skills” substitute “the Secretary of State for Business, Energy and Industrial Strategy”.

Section 30Measuring Instruments ( EEC Requirements) (Fees) Regulations 2004 ( S.I. 2004/1300 )

In paragraph (b) of Schedule 1 to the Measuring Instruments (EEC Requirements) (Fees) Regulations 2004 (calculation of variable fee) , for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

Section 31Electricity (Fuel Mix Disclosure) Regulations 2005 ( S.I. 2005/391 )

In paragraph 1 of the condition set out in the Schedule to the Electricity (Fuel Mix Disclosure) Regulations 2005, in the definition of “fuel mix disclosure data table”, for “the Department of Energy and Climate Change” substitute “the Department for Business, Energy and Industrial Strategy”.

Section 32Damages (Government and Health Service Bodies) Order 2005 ( S.I. 2005/474 )

In Part 1 of the Schedule to the Damages (Government and Health Service Bodies) Order 2005—

(a) omit “Department of Energy and Climate Change”, and

(b) for “Department for Business, Innovation and Skills” substitute “Department for Business, Energy and Industrial Strategy”.

Section 33Energy Administration Rules 2005 ( S.I. 2005/2483 )

In rule 186(2) of the Energy Administration Rules 2005 (expressions used generally) , for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

Section 34Accession (Immigration and Worker Authorisation) Regulations 2006 ( S.I. 2006/3317 )

In Schedule 1 to the Accession (Immigration and Worker Authorisation) Regulations 2006, in the column 2 entry relating to “Teacher or language assistant” , for “the Department for Business, Innovation and Skills” substitute “the Department for Business, Energy and Industrial Strategy”.

Section 35Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 ( S.I. 2007/292 )

In the following provisions of the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007, for “Secretary of State for Energy and Climate Change” substitute “Secretary of State for Business, Energy and Industrial Strategy”—

(a) the definition of “the competent authority” in regulation 2(1) (interpretation);

(b) regulation 3(2) (issue of guarantees).

Section 36Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007 ( S.I. 2007/934 )

In column 1 of the Schedule to the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007, for “The Department for Business, Innovation and Skills” substitute “The Department for Business, Energy and Industrial Strategy”.

68 sections

Cite this legislation

The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2016-992

Contains public sector information licensed under the Open Government Licence v3.0.

OGL-3

本頁資料來源:legislation.gov.uk (The National Archives)·整理提供:法律人 LawPlayer· lawplayer.com