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Statutory Instrument 1997 No. 2971The Secretary of State for the Environment, Transport and the Regions Order 1997(The document as of February, 2008) STATUTORY INSTRUMENTS1997 No. 2971The Secretary of State for the Environment, Transport and the Regions Order 1997
Her Majesty, in pursuance of sections 1 and 2 of the Ministers of the Crown Act 1975[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: Citation and commencement 1. - (1) This Order may be cited as the Secretary of State for the Environment, Transport and the Regions Order 1997. (2) This Order shall come into force on 26th January 1998. Incorporation of the Secretary of State for the Environment, Transport and the Regions 2. - (1) The person who at the coming into force of this Order is the Secretary of State for the Environment, Transport and the Regions and any successors to that person shall be, by that name, a corporation sole. (2) The corporate seal of the Secretary of State for the Environment, Transport and the Regions shall be authenticated by the signature of a Secretary of State, or of a person authorised by a Secretary of State to act in that behalf. (3) The corporate seal of the Secretary of State for the Environment, Transport and the Regions shall be officially and judicially noticed, and every document purporting to be an instrument made or issued by the Secretary of State for the Environment, Transport and the Regions and -
(b) to be signed or executed by a person authorised as mentioned in that paragraph, shall be received in evidence and be deemed to be so made or issued without further proof, unless the contrary is shown.
(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. Transfers of functions
(b) the functions of the Secretary of State for Transport, and (c) the functions exercisable by the Secretary of State for the Environment and the Secretary of State for Transport jointly. (2) Subject to paragraphs (4) and (5), the functions exercisable by -
(b) the Secretary of State for Transport, or (c) the Secretary of State for the Environment and the Secretary of State for Transport, jointly with any other Minister (or Ministers) are hereby transferred to the Secretary of State for the Environment, Transport and the Regions so as to be exercisable by him jointly with that Minister (or, as the case may be, those Ministers).
(b) the functions exercisable by the Secretary of State for the Environment and the Secretary of State for Transport jointly under the Channel Tunnel Rail Link Act 1996 ("the 1996 Act")[4]. (4) The functions under the 1996 Act which are exercisable by the Secretary of State for the Environment and the Secretary of State for Transport jointly with any other Minister (or Ministers) are hereby transferred to the Secretary of State so as to be exercisable by him jointly with that Minister (or, as the case may be, those Ministers).
(b) in any other case, by the Secretary of State. Transfers of property, rights and liabilities etc.
(b) be Minister of Public Building and Works so long as any property remains vested in that Minister[5], and (c) be First Commissioner of Works, so long as the Commissioners of Works have not been dissolved by Order in Council under the Minister of Works Act 1942[6], and section 5(1) to (3) and (5) of that Act as set out with adaptations in Schedule 2 to the Secretary of State for the Environment Order 1970[7] shall continue to apply to him as Minister of Public Building and Works.
(b) is in force at the coming into force of this Order, shall have effect as if made or done by or in relation to the Secretary of State for the Environment, Transport and the Regions.
(b) the entrusting to the Secretary of State for the Environment, Transport and the Regions of the functions mentioned in paragraph (3), as if any reference to the Secretary of State for the Environment or the Secretary of State for Transport (or to those Secretaries of State acting jointly), to the Department of the Environment or of Transport or to an officer of the Secretary of State for the Environment or of the Secretary of State for Transport (including any reference which is to be construed as such a reference) were a reference to the Secretary of State for the Environment, Transport and the Regions, to the Department of the Environment, Transport and the Regions or, as the case may be, to an officer of the Secretary of State for the Environment, Transport and the Regions.
(b) the Secretary of State for Transport, immediately before 1st May 1997 and which have, before the making of this Order, been entrusted to the Secretary of State for the Environment, Transport and the Regions. 1.In section 86(6A) of the Transport Act 1962[8], for paragraphs (a) and (b) there shall be substituted "the Secretary of State for the Environment, Transport and the Regions". 2.In Schedule 2 to the Parliamentary Commissioner Act 1967[9] -
(b) there shall be inserted at the appropriate place "The Department of the Environment, Transport and the Regions.". 3.In section 137(7) of the Transport Act 1968[10] -
(b) for paragraph (c) there shall be substituted -
4.In section 28 of the Courts Act 1971[11] for "Secretary of State for the Environment", in both places it occurs, there shall be substituted "Secretary of State for the Environment, Transport and the Regions". 5.In section 51(3) of the Fair Trading Act 1973[12] for "the Secretary of State for the Environment, the Secretary of State for Transport" there shall be substituted "the Secretary of State for the Environment, Transport and the Regions". 6.The Road Traffic Regulation Act 1984 shall be amended as follows. 7.In section 7(6)[13] for "the Secretary of State for Transport" there shall be substituted "the Secretary of State for the Environment, Transport and the Regions". 8.In Schedule 5 -
(b) for "The Secretary of State for the Environment", in each place it occurs, there shall be substituted "The Secretary of State for the Environment, Transport and the Regions". 9.In Schedule 2 to the Airports Act 1986[14], in paragraph 1(2) for "the Secretary of State for Transport" there shall be substituted "the Secretary of State for the Environment, Transport and the Regions". 10.In section 36(5) of the Road Traffic Act 1988 for "the Secretary of State for Transport" there shall be substituted "the Secretary of State for the Environment, Transport and the Regions". 11.The Town and Country Planning Act 1990 shall be amended as follows. 12.In section 228 for "the Secretary of State for the Environment", in both places it occurs, there shall be substituted "the Secretary of State for the Environment, Transport and the Regions". 13.In section 245(1) for "the Secretary of State for the Environment" there shall be substituted "the Secretary of State for the Environment, Transport and the Regions". 14.In section 265(1) -
(b) for paragraph (d) there shall be substituted -
15.In paragraph 8(2) of Schedule 6, for "the Department of the Environment" there shall be substituted "the Department of the Environment, Transport and the Regions". 16.In paragraph 7(2) of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990, for "the Department of the Environment" there shall be substituted "the Department of the Environment, Transport and the Regions". 17.In paragraph 7(2) of the Schedule to the Planning (Hazardous Substances) Act 1990, for "the Department of the Environment" there shall be substituted "the Department of the Environment, Transport and the Regions". 18.The Water Resources Act 1991 shall be amended as follows. 19.In section 21(3)(e) -
(b) for "the Secretary of State for Transport" there shall be substituted "the Secretary of State for the Environment, Transport and the Regions". 20.In Schedule 5, in paragraph 2(3)(f) for "the Secretary of State for Transport" there shall be substituted "the Secretary of State for the Environment, Transport and the Regions".
(b) in paragraph 3(5) -
(ii) for "the Secretary of State for Transport" there shall be substituted "the Secretary of State for the Environment, Transport and the Regions". 22.In section 35(3) of the Land Drainage Act 1991 -
(b) in paragraph (b) for "the Secretary of State for Transport" there shall be substituted "that Secretary of State". 23.In section 23(10) of the Transport and Works Act 1992 -
(b) for paragraphs (a) and (b) there shall be substituted -
24.In section 49(2)(a) of the Goods Vehicles (Licensing of Operators) Act 1995 the words "for Transport" are hereby repealed. 25.The Channel Tunnel Rail Link Act 1996 shall be amended as follows. 26.In section 11 -
(b) in subsection (3)(a) for "appropriate Ministers think" there shall be substituted "Secretary of State thinks", and (c) in subsecton (6) the definition of "the appropriate Ministers" is hereby repealed. 27.In section 29(4) the words from "for the Environment" to "jointly" are hereby repealed.
(b) in sub-paragraph (3) -
(ii) for "they are" there shall be substituted "he is", (c) in sub-paragraph (4) -
(ii) for "they" there shall be substituted "he", (d) in sub-paragraph (8) -
(ii) for "them" there shall be substituted "him". (e) in sub-paragraph (9) -
(ii) for "the appropriate Ministers' functions" there shall be substituted "the Secretary of State's functions", and (iii) for "them" in both places it occurs, there shall be substituted "him", and (f) sub-paragraph (12) is hereby repealed. 31.In Schedule 5, in paragraph 2 -
(b) in sub-paragraph (5) -
(ii) for "them of their" there shall be substituted "him of his", and (iii) for "they" there shall be substituted "he", and (c) in sub-paragraph (8), the definition of "appropriate Ministers" is hereby repealed. 32.In Schedule 6 -
(ii) in sub-paragraph (4) for "appropriate Ministers ask" there shall be substituted "Secretary of State asks", (iii) in that sub-paragraph for "them of their" there shall be substituted "him of his", and (iv) in that sub-paragraph for "they" there shall be substituted "he", (b) in paragraph 19 -
(ii) in sub-paragraph (4) for "appropriate Ministers ask" there shall be substituted "Secretary of State asks", (iii) in that sub-paragraph for "them of their" there shall be substituted "him of his", and (iv) in that sub-paragraph for "they" there shall be substituted "he", (c) in paragraph 30 -
(ii) for "them", in each place it occurs, there shall be substituted "him", (d) in paragraph 31(1) for "appropriate Ministers" there shall be substituted "Secretary of State".
(ii) in sub-paragraph (1) for "them" there shall be substituted "him", (f) paragraph 34 shall be amended as follows -
(ii) in sub-paragraph (1) for "direct" there shall be substituted "directs", (iii) in that sub-paragraph for "their" there shall be substituted "his", (iv) in that sub-paragraph for "them", in both places it occurs, there shall be substituted "him", (v) in sub-paragraph (6) for "determine" there shall be substituted "determines", (vi) in that sub-paragraph for "they" there shall be substituted "he", and (vii) in that sub-paragraph for "them" there shall be substituted "him", (g) in paragraph 35 for "appropriate Ministers" there shall be substituted "Secretary of State",
(ii) in sub-paragraph (2) for "they think" there shall be substituted "he thinks", and (j) in paragraph 38(2), paragraph (a) is hereby repealed. 33.In Schedule 7, in paragraph 5 -
(b) in sub-paragraph (5) -
(ii) in paragraph (a) for "the Secretary of State for Transport" there shall be substituted "the Secretary of State for the Environment, Transport and the Regions acting jointly", and (iii) in paragraph (b) for "the Secretary of State for the Environment and the Secretary of State for Transport" there shall be substituted "the Secretary of State". 34.In Schedule 14, in paragraph 13 for "the Secretary of State for Transport" there shall be substituted "the Secretary of State for the Environment, Transport and the Regions".
(b) in sub-paragraph (3) for "the appropriate Ministers certify" there shall be substituted "the appropriate Minister certifies", and (c) for sub-paragraph (4) there shall be substituted -
(b) in any other case, the Secretary of State." 36.In Schedule 15, in Part III, in paragraph 12 -
(b) for sub-paragraph (2) there shall be substituted -
(b) in the case of any other dispute, is to the Secretary of State." 37.In Schedule 15, in Part VI, in paragraph 11 -
(b) for sub-paragraph (2) there shall be substituted -
(b) in the case of any other dispute, is to the Secretary of State." 38.The Town and Country Planning (Scotland) Act 1997 shall be amended as follows.
(b) for paragraph (d) there shall be substituted -
40.In Schedule 7 -
(b) in paragraph 8(4)(b) for "the Secretary of State for the Environment" there shall be substituted "the Secretary of State for the Environment, Transport and the Regions". (This note is not part of the Order) This Order in Council, made under the Ministers of the Crown Act 1975, incorporates the Secretary of State for the Environment, Transport and the Regions as a corporation sole and provides for the authentication of the corporate seal, the making of instruments by that Secretary of State and related matters (Article 2). Article 3 transfers to the Secretary of State for the Environment, Transport and the Regions (or in some cases to the Secretary of State) the functions of the Secretary of State for the Environment and the Secretary of State for Transport. Article 4 transfers property, rights and liabilities of the Secretary of State for the Environment and the Secretary of State for Transport to the Secretary of State for the Environment, Transport and the Regions, with special provision for immoveable property outside the United Kingdom (Article 4(3) and (4)). The Order also contains supplementary provisions providing for continuity in the exercise of functions (Article 5) and makes amendments to enactments, instruments and other documents (Article 6 and the Schedule) consequential upon transfers effected by the Order and on the entrusting to the Secretary of State for the Environment, Transport and the Regions of functions entrusted before 1st May 1997 to the Secretary of State for the Environment or the Secretary of State for Transport. Notes: [1] 1975 c.26.back [2] 1868 c.37.back [3] 1995 c.23.back [4] 1996 c.61.back [5] By virtue of the Secretary of State for the Environment Order 1970 (S.I. 1970/1681), all property, rights and liabilities of the Minister of Public Building and Works were transferred to the Secretary of State for the Environment except immoveable property outside the United Kingdom to which the Minister was entitled and rights and liabilities in relation to that property. Art.2(2) of that Order provides that the person holding office as Secretary of State for the Environment shall be Minister of Public Building and Works so long as any such property remains vested in that Minister.back [6] 1942 c.23.back [7] S.I. 1970/1681.back [8] s.86(6A) was inserted by the Secretary of State for the Environment Order 1970, S.I. 1970/1681, Sched.3, para. 20(2); and amended by the Secretary of State for Transport Order 1976, S.I. 1976/1775, Art.6(1), Sched.3, para.6.back [9] Sched.2 was substituted by the Parliamentary and Health Service Commissioners Act 1987 (c.39), s.1(2), Sched.1.back [10] s.137(7) was substituted by the Secretary of State for Transport Order 1976, S.I. 1976/1775, Art.6(1), Sched.3, para.8.back [11] s.28 was amended by the Planning (Consequential Provisions) Act 1990 (c.11), s.4, Sched.2, para.25.back [12] s.51(3) was repealed, in part, by the Telecommunications Act 1984 (c.12), s.109(6), Sched.7, Pt.I; and amended by the Railways Act 1993 (c.43), s.66(2).back [13] s.7(6) was amended by the Road Traffic Act 1991 (c.40), s.81, Sched.7, para.3.back [14] para.1(2) was repealed, in part, by the Planning (Consequential Provisions) Act 1990 (c.11), s.3, Sched.1, Pt.I.back ISBN 0 11 065312 2 -- Back --
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