Statutory Instrument 1992 No. 1297

The Transfer of Functions (Small Businesses) Order 1992

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© Crown Copyright 1992

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1992 No. 1297

MINISTERS OF THE CROWN

The Transfer of Functions (Small Businesses) Order 1992

At the Court of Buckingham Palace, the 4th day of June 1992

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of section 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, interpretation and commencement
    1.—(1)  This Order may be cited as the Transfer of Functions (Small Businesses) Order 1992.

    (2)  In this Order "the small businesses functions" means such of the functions of the Secretary of State relating to small businesses as were entrusted to the Secretary of State for Employment immediately before 1st May 1992 and have, before the making of this Order, been entrusted to the Secretary of State for Trade and Industry.

    (3)  This Order shall come into force on 3rd July 1992.

Provision in connection with transfer of small businesses functions
    2.—(1)  There are hereby transferred to the Secretary of State for Trade and Industry all property, rights and liabilities to which the Secretary of State for Employment is entitled or subject, at the coming into force of this Order, in connection with the small businesses functions.

    (2)  Any contract, offer or other thing whatsoever which—


(a)  has been, or has effect as if, made, issued or done by or in relation to the Secretary of State for Employment in connection with any of the small businesses functions or anything transferred by paragraph (1) above, and


(b)  is in force at the coming into force of this Order,
shall have effect as if made, issued or done by or in relation to the Secretary of State for Trade and Industry.

    (3)  Without prejudice to paragraph (2) above, anything (including any legal proceed ings) 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 Employment may, so far as it relates to—


(a)  any of the small businesses functions, or


(b)  anything to which paragraph (1) or (2) above relates,
be continued by or in relation to the Secretary of State for Trade and Industry.

    (4)  Any instrument, contract or other document made or issued before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of, or in consequence of—


(a)  the entrusting to the Secretary of State for Trade and Industry of the small businesses functions, or


(b)  any of the preceding provisions of this Article,
as if any reference to the Secretary of State for Employment, to the Department of Employment or to an officer of his (including any reference which is to be construed as such a reference) were a reference to the Secretary of State for Trade and Industry to his Department or, as the case may be, to an officer of the Secretary of State for Trade and Industry.

    (5)  Documents or forms printed for use in connection with any of the small businesses functions may be used in connection with those functions notwithstanding that they contain, or are to be construed as containing, references to the Secretary of State for Employment; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references shall be construed as references to the Secretary of State for Trade and Industry.

G. I. de Deney

Clerk of the Privy Council

This Order makes provision in connection with the entrusting to the Secretary of State for Trade and Industry of functions relating to small businesses which were previously entrusted to the Secretary of State for Employment.

The Order transfers to the Secretary of State for Trade and Industry the property, rights and liabilities to which the Secretary of State for Employment is entitled or subject in connection with the functions.

The Order also makes supplemental and consequential provision in relation to the transfers.

[1] 1975 c. 26. back