Statutory Instrument 1995 No. 2985

The Transfer of Functions (Science) Order 1995

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© Crown Copyright 1995

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1995 No. 2985

MINISTERS OF THE CROWN

The Transfer of Functions (Science) Order 1995

At the Court at Buckingham Palace, the 23rd day of November 1995

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of section 1 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 Transfer of Functions (Science) Order 1995.

    (2)  This Order shall come into force on 1st January 1996.

Interpretation
    2.    In this Order "instrument", without prejudice to the generality of that expression, includes in particular Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents.

Transfer of functions to the Secretary of State
    3.—(1)  There are hereby transferred to the Secretary of State the functions exercisable by the Minister for the Civil Service and the Chancellor of the Duchy of Lancaster concurrently under sections 2 and 3 of, and Schedules 1 and 3 to, the Science and Technology Act 1965^[2] (Research Councils, & c.).

    (2)  There are hereby transferred to the Secretary of State for Trade and Industry the functions exercisable by the Chancellor of the Duchy of Lancaster under the Royal Charters of—
 (a) the Biotechnology and Biological Sciences Research Council;
 (b) the Economic and Social Research Council;
 (c) the Engineering and Physical Sciences Research Council;
 (d) the Medical Research Council;
 (e) the Natural Environment Research Council;
 (f) the Particle Physics and Astronomy Research Council; and
 (g) the Council for the Central Laboratory of the Research Councils.

    (3)  The functions under the following enactments which are exercisable by the Secretary of State, the Minister for the Civil Service and the Chancellor of the Duchy of Lancaster concurrently, shall cease to be exercisable by the Minister for the Civil Service and the Chancellor of the Duchy of Lancaster:
 (a) section 5(1) of the Science and Technology Act 1965 (scientific research, & c.);
 (b) section 1(1)(a) of the Education Act 1986^[3] (grants to body now known as Royal Academy of Engineering);
 (c) section 213(1) of the Education Reform Act 1988^[4] (miscellaneous grants);
 (d) regulations 2, 3, 4, 14, 17, and 18(1) and (2)(a) to (d) of the Education (Grant) Regulations 1990^[5] (approval and payment of grants, & c.).

Supplemental
    4.—(1)  There are hereby transferred to the Secretary of State for Trade and Industry all property, rights and liabilities to which the Minster for the Civil Service or the Chancellor of the Duchy of Lancaster is entitled or subject, at the coming into force of this Order, in connection with the functions transferred by this Order.

    (2)  Any legal proceedings to which the Minister for the Civil Service or the Chancellor of the Duchy of Lancaster is a party at the coming into force of this Order may, if they relate to functions, property, rights or liabilities transferred by this Order, be continued by or against the Secretary of State for Trade and Industry.

    (3)  This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the Minister for the Civil Service or the Chancellor of the Duchy of Lancaster before the coming into force of this Order; and anything which, at the coming into force of this Order, is in the process of being done by or in relation to the Minister for the Civil Service or the Chancellor of the Duchy of Lancaster may, if it relates to functions, property, rights or liabilities transferred by this Order, be continued by or in relation to the Secretary of State for Trade and Industry.

    (4)  Any approval, consent, direction, or appointment given or made, or other thing done, by the Minister for the Civil Service or the Chancellor of the Duchy of Lancaster in the exercise of any functions transferred by this Order (or having effect as if so given, made or done) shall, if in force at the coming into force of this Order, continue in force and have effect as if similarly given, made or done by the Secretary of State for Trade and Industry.

    (5)  In this article references to functions transferred by this Order include references to functions which, by virtue of this Order, are no longer exercisable concurrently by the Minister for the Civil Service or the Chancellor of the Duchy of Lancaster.

Consequential amendments
    5.—(1)  The enactments and instruments specified in the Schedule to this Order shall have effect with the amendments there specified.

    (2)  Subject to paragraph (1) above, any enactment or instrument passed or made before the coming into force of this Order shall have effect so far as necessary for the purpose of or in consequence of article 3 as if—
 (a) for any reference to the Secretary of State, the Minister for the Civil Service and the Chancellor of the Duchy of Lancaster (including any reference which is to be construed as such a reference), there were substituted a reference to the Secretary of State alone; and
 (b) for any reference to the Minister for the Civil Service or the Chancellor of the Duchy of Lancaster or both (including, in either case, any reference which is to be construed as such a reference) there were substituted a reference to the Secretary of State or, as the case may be, to the Secretary of State for Trade and Industry.

N H Nicholls

Clerk of the Privy Council

[1] 1975 c. 26. back

[2] 1965 c. 4; relevant amendments are made by the Transfer of Functions (Science) Order 1992 (S.I. 1992/1296), Sched. back

[3] 1986 c. 40; relevant amendments are made by the Transfer of Functions (Science) Order 1992 (S.I. 1992/1296), Sched. back

[4] 1988 c. 40; relevant amendments are made by the Transfer of Functions (Science) Order 1992 (S.I. 1992/1296), Sched. back

[5] S.I. 1990/1989: relevant amendments are made by the Transfer of Functions (Science) Order 1992 (S.I. 1992/1296), Sched. back

Explanatory Note